ACCEPTANCE OF TERMS

     Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time. By accessing and using the ! Services, you accept and agree to be bound by the terms and provision of the TOS.

    DESCRIPTION OF  SERVICES

    We provides users with access to a rich collection of resources.  You understand and agree that the site! membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current ! Services, including the release of new ! properties, shall be subject to the TOS. You understand and agree that the ! Services is provided "AS-IS" and that ! assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the ! Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the ! Services.

    You understand that the technical processing and transmission of the ! Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    Please be aware that ! has created certain areas on the ! Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.

    YOUR REGISTRATION OBLIGATIONS

    In consideration of your use of the ! Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the ! Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the ! Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ! has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ! has the right to suspend or terminate your account and refuse any and all current or future use of the ! Services (or any portion thereof). ! is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the ! Services must create a ! Family Account. When you create a ! Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the ! Family Account. By adding a child to your ! Family Account, you also give your child permission to access many areas of the ! Services, including, email, message boards and instant messaging (among others). Please remember that the ! Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the ! Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.

    ! PRIVACY POLICY

    Registration Data and certain other information about you are subject to our applicable privacy policy. Kids, then see our ! Kids Privacy Policy at http://info..com/privacy/us//kids. You understand that through your use of the ! Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by ! and its affiliates.

    MEMBER ACCOUNT, PASSWORD AND SECURITY

    You will receive a password and account designation upon completing the ! Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify ! of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ! cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

    MEMBER CONDUCT

    You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not !, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the ! Services. ! does not control the Content posted via the ! Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the ! Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ! be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the ! Services.

    You agree to not use the ! Services to:

        upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

        harm minors in any way;

        impersonate any person or entity, including, but not limited to, a ! official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

        forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the ! Service;

        upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

        upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

        upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);

        upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

        disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the ! Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

        interfere with or disrupt the ! Services or servers or networks connected to the ! Services, or disobey any requirements, procedures, policies or regulations of networks connected to the ! Services, including using any device, software or routine to bypass our robot exclusion headers;

        intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

    

    EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

    SPECIAL ADMONITION FOR ! SERVICES RELATING TO FINANCIAL MATTERS

    If you intend to create or join any service, receive or request any news, messages, alerts or other information from the ! Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The ! Services is provided for informational purposes only, and no Content included in the ! Services is intended for trading or investing purposes. ! and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the ! Services, and shall not be responsible or liable for any trading or investment decisions based on such information.

    NO THIRD-PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

    NOTICE

    ! may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the ! Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the ! Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the ! Services in an authorized manner.

    TRADEMARK INFORMATION

    You agree that all of !’s trademarks, trade names, service marks and other ! logos and brand features, and product and service names are trademarks and the property of ! Inc. (the "! Marks"). Without !'s prior permission, you agree not to display or use in any manner the ! Marks.

    NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

    ! respects the intellectual property of others, and we ask our users to do the same. ! may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide !'s Copyright Agent the following information:

        an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

        a description of the copyrighted work or other intellectual property that you claim has been infringed;

        a description of where the material that you claim is infringing is located on the site;

        your address, telephone number, and email address;

        a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

        a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 
    GENERAL INFORMATION

    Entire Agreement. The TOS constitutes the entire agreement between you and ! and governs your use of the ! Services, superseding any prior version of this TOS between you and ! with respect to the ! Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ! services, affiliate services, third-party content or third-party software.

    Choice of Law and Forum. You and ! each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and !, shall be brought exclusively in the courts located in the county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and ! agree to submit to the personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

    Waiver and Severability of Terms. The failure of ! to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

    No Right of Survivorship and Non-Transferability. You agree that your ! account is non-transferable and any rights to your ! ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ! Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.

    VIOLATIONS

    Please report any violations of the TOS to our Customer Care group.

Last updated November 24, 2008
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