By checking this box:
- I agree to the USER AGREEMENT below;
- I agree not to submit multiple registrations;
and,
- I understand that this is a FREE membership and that CliqueFriends, LLC, may
end or limit this class of membership without
notice;
USER AGREEMENT (Revised July 8, 2003)
The following terms and conditions apply
to all Users of the services being offered
by CliqueFriends, LLC, whose headquarters
is in New York, New York. By signifying your
acceptance of these terms and conditions,
you are entering into a legal contract in
which you agree to abide by such terms and
conditions:
1. Eligibility. To qualify as a registered
User, you represent and warrant that
all
information which you submit in the
registration
process (including updates and renewals)
is true and correct, that any image
that
you submit purporting to be your likeness
is in fact your likeness, that you
have the
right, authority and capacity to enter
into
this User Agreement, and that you know
of
no limitation or restriction that would
adversely
affect the enforceability of this User
Agreement.
2. Your Computer System. To use the
services
your computer system must meet the
following
requirements:
- IBM-compatible PC with 200 MHz or faster
processor and a screen displaying 800x600
pixels (or more)
- Windows 98, Windows XP, or other fully compatible
operating system.
-
Internet Explorer 5.5 or higher with
scripting
and scripting of Java applets enabled
- Microsoft's Java Virtual Machine 5.00.3809
or higher or Sun Java 1.3.1_03 or higher
-
An Internet or network connection
that does
not include proxies, port blocking
or other
features that would interfere with
the operation
of the system.
3. At all times while this User Agreement
is in effect, you must provide a functioning
electronic mail address which accepts
mail
sent by CliqueFriends, LLC, or its
service
providers. You may update your email
address,
but any notice sent to the address
last furnished
by you will be deemed to have been
received
by you, whether or not it is actually
received.
4. Term. Unless otherwise terminated, this
User Agreement will remain in full force
and effect for the period for which you have
registered (including any renewal), and also
will apply under any circumstances that you
might access or use any of the services offered,
whether or not you are a registered User.
You may voluntarily terminate your registration
at any time, for any reason, by following
the instructions decribed on the Help page.
Such voluntary termination will forfeit the
unused balance of your prepaid User charges,
if any. Free members may have their registration
involuntarily terminated; the deletion or
expiration of your user access codes on CliqueFreinds,
LLC's system serves as notice of such. If
you are a paying member, your registration
may be involuntarily terminated without your
consent at any time for any reason by the
Site Host, effective upon sending notice
to you at your email address. The Site Host
will direct PayPal to send you the unused
balance of your User charges, but if your
registration is terminated for cause (including
but not limited to any material breach of
this User Agreement), any unused balance
of your prepaid User charges will be forfeited
and you will be subject to any and all further
damages or other remedies for which you may
be liable under law (such forfeiture constituting
an offset and not in any way an exclusive
remedy or limitation on the amount of recovery).
Under any circumstances in which your registration
is terminated, certain provisions of this
User Agreement will remain in force and effect
thereafter, including sections 5 and 9-12.
5. Intellectual Proprietary Rights.
Your
right as a registered User to access
and
use any of the services offered does
not
include any transfer to you of any
ownership
rights in any intellectual property.
You
hereby agree not to infringe or misuse
any
property that is related to the services
offered, including but not limited
to any
copyrights or trademarks. Except for
property
or information that is in the public
domain
or for which you have been given written
permission, you may not copy, modify,
publish,
transmit, distribute, perform, display,
license,
or sell any material that you obtain
from
the services offered.
6. Privacy. You understand that the
information
that you submit during your registration
or your use of the services offered
is recorded
and fully accessible to CliqueFriends,
LLC,
and others authorized to participate
in the
providing of such services. Information
that
you submit for exchange with or display
to
other Users will be publicly available
and
not subject to any confidentiality,
privacy,
or restrictions as to use or publicity.
With
respect to registration information
that
you submit to CliqueFriends, LLC, that
is
not intended to be accessible to other
Users,
CliqueFriends, LLC, will take reasonable
steps to refrain from any disclosures
of
such information beyond what may be
necessary
or appropriate for the performance
of this
User Agreement, but neither CliqueFriends,
LLC, nor any person receiving such
information
shall be liable for any loss or damages
arising
from any release or use of such information.
All information that you submit will
be subject
to disclosure to the extent required
by law
as applied to CliqueFriends, LLC, or
anyone
else in possession. By posting any
content
to the User accessible portions of
the services,
you automatically grant to CliqueFriends,
LLC, and you represent and warrant
that you
have the right to grant an irrevocable,
perpetual,
non-exclusive, fully paid, worldwide
license
to use, copy, perform, display, and
distribute
such information and content and to
prepare
derivative works of, or incorporate
into
other works, such information and content,
and to grant and authorize sublicenses
of
the foregoing.
7. Prohibited Uses. You will not use
any
of the services for any purpose that
is not
authorized by this User Agreement,
whether
or not expressly prohibited. The services
are offered for the purpose of social
exchange
between individual Users or among small
groups
of Users. Current rules and regulations
concerning
the use of the services will be posted
from
time to time as part of the services,
and
you must abide by all such provisions.
Such
posted rules and regulations are not
necessarily
a full statement of prohibited activity,
and you may not use the services offered
to conduct any of the following activities,
whether or not solicited, invited,
or authorized
by any other User:
- Sending electronic mailings in bulk or in
mass quantities. CliqueFriends, LLC,
may
restrict the number of emails that
a User
may send in any 24-hour period to
a number
that CliqueFriends, LLC, deems appropriate
in its sole discretion.
- Engaging in any advertising, marketing, promotion,
or solicitation for the benefit of
any business,
trade, or profession.
-
Soliciting donations to, support
for,
or
membership in any charity, political
party,
or other organization.
Soliciting support for any governmental petition
or initiative.
- Engaging in any gambling or games of chance.
- Arranging to buy or sell any goods or services.
- Conducting or soliciting any activity that
either is illegal or is subject to
registration
or regulation by the laws in your
locality
or in the locality of other Users
with whom
you are communicating.
- Participating in the submission, transmission,
or distribution of Prohibit Content,
as defined
below.
You may not engage in any activity, whether
or not intended, that interferes with or
adversely affects the operation of the system
delivering the services, and you will not
obtain or attempt to obtain unauthorized
access to any system, data base, or other
property of CliqueFriends, LLC, or any other
person participating in the use of the services.
You may not use data obtained from the services
offered, including but not limited to User
identifications or directory information,
for any purpose other than your personal
use in connection with the services, and
you are expressly prohibited from using any
such data to compile any mailing lists, directories,
or similar databases for other purposes.
8. Prohibited Content. Prohibited Content
is any material in any form that:
- Harasses or advocates harassment of another
person.
- Constitutes, promotes or depicts activities
that are abusive, threatening, or defamatory.
- Constitutes, promotes or depicts activities
that are illegal.
- Is obscene, pornographic, or sexually explicit.
- Results in a good faith complaint by any
viewer, recipient, or User.
- Contains any known computer virus or feature
that is intended to or is likely to interfere
with the operation of the services, CliqueFriends,
LLC's system, or the computer systems of
other Users.
- Violates any aspect of this User Agreement.
Whether any material is Prohibit Content
will be determined in the sole judgment
of
CliqueFriends, LLC, or other participants
in providing the services offered.
9. Disclaimers. CliqueFriends, LLC,
is not
responsible for any of the following
in connection
with the services offered:
- Incorrect or inaccurate content in any listing,
exchange, or messaging, whether caused
by
Users or by any malfunction of the
equipment
or programming used in providing
the service.
-
The conduct, whether online or offline,
of
any User.
- Any error, omission, interruption, deletion,
defect, delay in operation or transmission,
communications line failure, theft
or destruction
or unauthorized access to, or alteration
of, User communications.
-
Any problems or technical malfunction
of
any telephone network or lines, computer
online systems, servers or providers,
computer
equipment, software, failure of email
on
account of technical problems or traffic
congestion on the Internet or at any
web
site or combination thereof, including
injury
or damage to Users or to any other
person's
computer.
-
Creating, preserving, or allowing
you
access
to any data concerning the content
or activity
involved in using the services.
Under no circumstances will CliqueFriends,
LLC, be responsible for any loss or damage,
including personal injury or death, resulting
from anyone's use of the services, any content
posted on the Web site or transmitted to
Users. THE SERVICES ARE OFFERED "AS
IS." CLIQUEFRIENDS, LLC, MAKES NO WARRANTIES,
IMPLIED OR EXPRESSED, AS TO MERCHANTABILITY,
FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE,
FUNCTIONALITY, OR THE RESULTS OF USING THE
SERVICES.
10. Limitation on Liability. In no
event
will CliqueFriends, LLC, be liable
to you
or any third person for any indirect,
consequential,
exemplary, incidental, special or punitive
damages, including also lost profits
arising
from your use of the services offered,
even
if CliqueFriends, LLC, has been advised
of
the possibility of such damages. Notwithstanding
anything to the contrary contained
herein,
CliqueFriends, LLC's liability to you
for
any cause whatsoever, and regardless
of the
form of the action, will at all times
be
limited to the amount received by CliqueFriends,
LLC, if any, from you for the services
during
the term of your registration.
11. Indemnity. You agree to indemnify CliqueFriends,
LLC, CliqueFriends, LLC's owners, employees,
agents, and other persons or entities involved
in marketing or providing the services from
any and all expenses or liabilities (including
reasonable attorney fees) arising from any
claims brought by third parties, you or your
representatives, arising from your use or
reliance on the services.
12. Third Party Providers. CliqueFriends,
LLC, is providing the services to you by
means of assistance from third party service
providers, including but not limited to CliqueFriends,
LLC. All rights, privileges, and protections
provided to CliqueFriends, LLC, under this
User Agreement shall also be for the benefit
of, and enforceable by, such service providers.
13. Other. This User Agreement contains the
entire agreement between the parties regarding
the use of the services offered. If there
is any dispute arising out of this User Agreement,
the dispute will be governed by the laws
of the state of New York without regard to
its conflict of law provisions. You agree
to personal jurisdiction and venue in the
state court located in New York or in the
federal court having jurisdiction in that
locality. |