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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 by 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.