Please read this User Agreement before using this Service. By continuing to use FindThose, you agree to abide by the conditions of this User Agreement.
FINDTHOSE.COM SERVICE USER AGREEMENT
- Welcome to FindThose.com ("FindThose", "Service" or "we"). By using this Service, you agree to be bound by all of the terms of this Agreement (the "User Agreement"). We reserve the right to change the terms of this User Agreement or to modify any features of this Service at any time without notice to you, and you agree to be bound by such changes. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted. The most current version of the User Agreement can be viewed at any time at: FindThose.com. Your use of this Service constitutes your agreement to all such terms, conditions and policies. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Service, shall be subject to this User Agreement.
- FindThose reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that FindThose shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
- This Service (including, without limitation, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United Kingdom and other countries. All individual articles, content and other elements comprising this Service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in this Service. By posting content on the Service, a user is giving FindThose the right to display such content on the Service and its affiliated publications and to distribute such content and use such content for promotional and marketing purposes.
- (a) Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service, except that you may download material from this Service for your own personal use as follows: you may make one print copy that is limited to occasional articles of personal interest only. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including, without limitation, a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. (b) We are concerned about the integrity of our Service when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Service. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.
- You agree to indemnify and hold harmless FindThose and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys? fees, resulting from any violation by you of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- THIS SERVICE IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THIS SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THIS SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THIS SERVICE OR AVAILABLE THOUGH LINKS IN THIS SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THIS SERVICE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO THIS SERVICE, WE DO NOT GUARANTEE OR WARRANT THAT THIS SERVICE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS SERVICE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THIS SERVICE AND ANY MATERIALS AVAILABLE THROUGH THIS SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK. THIS SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY FindThose OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THIS SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SERVICE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY FindThose AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
- We are not responsible for the availability or content of other services that may be linked to this Service. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that FindThose shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
- FindThose and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including, without limitation, as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
- This Agreement may be terminated by either party for any reason at any time. Sections 3 through 8 of this Agreement shall survive such termination.
- This Agreement shall be governed by the laws of the United Kingdom, applicable to agreements made and to be performed therein without regard to conflict of laws principles . BY CONTINUING TO USE THE SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.
1. ACCEPTANCE OF TERMS
Thank you for visiting FindThose. FindThose provides its service to you subject to the following Terms of Service, which may be updated by us from time to time without notice to you.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY CLICKING “I AGREE”, ACCESSING, BROWSING, USING AND/OR OTHERWISE AVAILING YOURSELF OF ZACK’s SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING THE GUIDELINES (AS DEFINED BELOW), AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE "TOS"). IF YOU DO NOT AGREE TO THE TOS, THEN PLEASE DO NOT USE THE ZACK’s SERVICES.
2. DESCRIPTION OF SERVICE
FindThose provides users with access to a collection of resources, including various communications tools, forums, shopping services, personalized content, and branded programming through its Website which may be accessed through any various medium or device now known or hereafter developed, including on the internet at www.FindThose.com, and through content distribution and syndication services FindThose may make available (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for FindThose to provide the Service. You also understand and agree that the Service may include certain communications from FindThose, including but not limited to service announcements, administrative messages and the FindThose Newsletter, and that these communications are considered part of FindThose membership and you will not be able to opt out of receiving them, except by terminating your membership with FindThose. Unless explicitly stated otherwise, any new features, including the release of new FindThose properties, shall be subject to the TOS. You are responsible for obtaining access to the Service, 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 Service.
3. ELIGIBILITY AND REGISTRATION OBLIGATIONS
You hereby represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction. THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF THIRTEEN (13) OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SERVICE BY FindThose. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE. The Service is not intended for users under the age of thirteen (13), and Service Provider does not knowingly collect personally identifiable information from users under the age of thirteen (13). Anyone person under the age of thirteen (13) is expressly prohibited from submitting their personally identifiable information to us, and from using portions of the Website for which registration is required, such as our forums and chat areas; any information submitted by such users will not knowingly be used, posted, or retained by us.
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, deceptive, misleading, out of date, or incomplete, or if FindThose suspects that such information is untrue, inaccurate, deceptive, misleading, out of date, or incomplete, FindThose has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Your profile may be deleted and your membership terminated without notice or warning if we believe that, for example and without limitation, you are i) under thirteen (13); ii) you are under eighteen (18) but represent yourself as eighteen or older; or iii) you are over eighteen (18) and represent yourself as under eighteen (18).
FindThose reserves the right to refuse or terminate service, including membership, for any reason.
You should be aware that when you use our websites, mobile sites, or mobile apps, we may collect information by using 'cookies'.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
When you register, you will be issued a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. 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 FindThose 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. FindThose cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
6. 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 FindThose, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. FindThose does not control, review, moderate, or otherwise monitor the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FindThose 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 Service.
You agree not to do or attempt any of the following in connection with the Service:
- a. 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;
- b. harm minors in any way;
- c. impersonate any person or entity, including, but not limited to, a FindThose official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- e. 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);
- f. 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;
- g. 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, 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;
- h. use the Service to solicit users directly for commercial purposes without prior written authorization from FindThose. Designers and Boutique Owners may promote their services, subject to i) common sense and good judgment, ii) FindThose review, and iii) specific requirements regarding use of the Service for commercial purposes that FindThose may, from time to time, communicate directly to Designers and Boutique Owners individually;
- i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- k. 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 London Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- l. access the Service from territories where its contents are illegal is prohibited (those who choose to access the Service from other locations do at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy);
- m. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United Kingdom government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- n. "stalk" or otherwise harass another;
- o. use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission or bypass our robot exclusion files or other measures we may use to prevent or restrict access to the Service; or
- p. collect or store personal data about other users, in connection with the prohibited conduct and activities set forth in paragraphs above or otherwise.
- a. with respect to Submissions you make available for inclusion solely in areas of the Service which are not publicly accessible such license shall be limited to use solely for the purpose for which the Content was provided; and
- b. with respect to Submissions you make available for inclusion on publicly accessible areas of the Service, other than text. FindThose’s license shall terminate at the time you remove or FindThose removes such Content from publicly accessible areas of the Service, but any sublicenses previously granted by FindThose to third parties shall endure; and
- c. with respect to Submissions of text, the license shall be perpetual and irrevocable; and
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
- LIMITATION OF LIABILITY
- a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FindThose AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FindThose HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- b. IN NO EVENT WILL FindThose OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, LICENSEES, LICENSORS, OR THIRD–PARTY PARTNERS OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
- c. THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN FindThose AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SERVICE.
- a. To FindThose. Legal notices shall be served on FindThose via United Kingdom mail at legal@FindThose.com.
- b. To You. FindThose may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, United Kingdom mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.
- c. Effective Date. Notice sent by electronic means, including by posting to the Service, will be deemed given 24 hours after it is sent, unless the sending party is notified that the communication failed or was otherwise invalid. Notice sent by United Kingdom mail will be deemed given three days after the date of mailing.
- a. Entire Agreement. The TOS, including any documents incorporated by reference herein, constitutes the entire agreement between you and FindThose and governs your use of the Service, superseding any prior agreements between you and FindThose with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other FindThose services, affiliate services, third-party content or third-party software.
- b. Waiver and Severability of Terms. The failure of FindThose 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.
- c. No Right of Survivorship and Non-Transferability. You agree that your FindThose account is non-transferable and any rights to your FindThose 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.
- d. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- e. Headers and Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
- f. Assignment. You may not assign or transfer the TOS or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Service at any time without notice.
- g. Survival. Sections will survive any termination of these Terms
7. MEMBER CONTENT
You acknowledge that FindThose may not pre-screen Content, but that FindThose and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, FindThose and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FindThose or submitted to FindThose, including without limitation information in FindThose Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that FindThose may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of FindThose, its users and the public.
You understand that the technical processing and transmission of the Service, 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.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by FindThose and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
8. INTERSTATE NATURE OF COMMUNICATIONS ON FindThose NETWORK
When you register with FindThose, you acknowledge that in using FindThose services to send electronic communications (including but not limited to email, search queries, sending messages to FindThose Chat or FindThose Groups, uploading photos and files to FindThose Photos or Briefcase, and other Internet activities), you will be causing communications to be sent through FindThose's computer networks. As a result, and also as a result of FindThose's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to the TOS, you acknowledge that use of the Service results in interstate data transmissions.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
10. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
FindThose does not claim ownership of Content you submit or make available for inclusion on the Service. However, in order to display materials you provide on the Service and elsewhere, we need your permission. As such, by uploading, emailing, posting, publishing or otherwise transmitting Content to any online forum or other feature of the Service, or by submitting any Content or feedback (including, without limitation, suggestions, complaints, ideas, results, modifications, improvements, translations, discoveries and observations) to FindThose (“Submissions”) by any means, you grant FindThose a worldwide, royalty-free, fully paid up, non-exclusive, sublicensable, right and license to use, reproduce, modify, adapt, create derivative works of, perform publicly, display publicly, distribute, publish, and transmit such Submissions, including any and all publicity rights therein, in any form, medium, or technology now known or later developed, provided that:
"Publicly accessible" areas of the Service are those areas of the FindThose network of properties that are intended by FindThose to be available to the general public. By way of example, publicly accessible areas of the Service would include FindThose Message Boards and portions of FindThose blogs, and Photos that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of FindThose sections that are limited to members, FindThose services intended for private communication such as FindThose Messenger, or areas off of the FindThose network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by FindThose.
11. CONTRIBUTIONS TO FindThose
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to FindThose through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) FindThose is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) FindThose shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) FindThose may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of FindThose without any obligation of FindThose to you; and (f) you are not entitled to any compensation or reimbursement of any kind from FindThose under any circumstances.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your FindThose ID), use of the Service, or access to the Service.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that FindThose may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on FindThose's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that FindThose has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that FindThose reserves the right to log off, delete, or disable accounts that are inactive for an extended period of time. You further acknowledge that FindThose reserves the right to modify these general practices and limits from time to time.
14. MODIFICATIONS TO SERVICE
FindThose reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, including charging or ceasing to charge subscription fees to some or all users for some or all services. You agree that FindThose shall not be liable to you or to any third party for any such modification, suspension or discontinuance of the Service or of any fees associated with it.
You agree that FindThose may, without cause or prior notice, and without liability to you or any third party, immediately terminate your FindThose account, any associated email address, any accumulated Points, Tokens, or other rewards or virtual currency, and access to the Service. FindThose does not permit copyright infringing activities on the Service and reserves the right to terminate access to the Service and remove all Content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies FindThose may have at law or in equity.
Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Services, and/or (i) no cause at all.
Termination of your FindThose account includes (a) removal of access to all offerings within the Service, including but not limited to FindThose Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts, Blogs, Points, and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in FindThose's sole discretion and that FindThose shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
You may terminate your account, this Agreement and your right to use the Company Service at any time and for any reason or no reason, by contacting Company customer support at delete@FindThose.com.
16. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
17. Virtual Currency and Points.
Throughout your use of the Service, you may accumulate "Points," which constitute a limited license right to use a feature of the Service when, as, and if allowed by FindThose. Points is a reward program whereby users may earn fictional, virtual currency used in the Service to purchase access to certain features or aspects of the Service, or may apply towards discounts on the purchase of physical goods sold in connection with the Service. FindThose may charge fees for the right to use Points, or may distribute Points without charge, in its sole discretion. Regardless of terminology used, Points, whether referred to as Points or by any other name or label, represents a limited license right governed solely under these Terms, has no real value, and is not transferable or redeemable for any sum of money or monetary value from FindThose at any time. You agree that FindThose has the absolute right to reduce, manage, regulate, control, modify and/or eliminate Points as it sees fit in its sole discretion, and that FindThose will have no liability to you based on its exercise of such rights. Notwithstanding any other language to the contrary, as used in the TOS and throughout the Service in the context of Points transfers: (i) the term "sell" means "to transfer for consideration to another user of the Service or FindThose the licensed right to use Points in accordance with these Terms" and (ii) the term "buy" means "to receive for consideration from another user of the Service or FindThose the licensed right to use Points in accordance with these Terms." FindThose may halt, suspend, discontinue, or reverse any Points transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of these Terms or other laws or regulations, or deliberate disruptions to or interference with the Service.
18. Virtual Currency and Tokens.
a) The Service may include a virtual currency (“Virtual Currency”) including, but not limited to coins, tokens, or points, that may be purchased from FindThose for “real world” money if you are a legal adult in your country of residence. The Service may also include virtual digital items (“Virtual Goods”) that may be purchased from FindThose for “real world” money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from FindThose or any other party.
b) Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Service, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service, or any other attributes associated with use of the Service or stored within the Service.
c) FindThose has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and FindThose shall have no liability to you or anyone for the exercise of such rights.
d) Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Service. Outside of the Service, you may not buy or sell any Virtual Currency or Virtual Goods for “real world” money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from FindThose Service and possible legal action.
e) You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in FindThose's sole and absolute discretion, or if FindThose discontinues providing the Service.
19. FINDTHOSE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service, including without limitation any Artwork, Points, member accounts or user IDs, markup, source or object code used in connection with the Service, or visual art and any combination thereof (all of the foregoing, collectively, the "Materials") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by FindThose or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Materials, in whole or in part.
FindThose grants you a personal, non-transferable and non-exclusive right and license to use the Service, including any executable software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Materials in any manner or form, and not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by FindThose for use in accessing the Service.
You agree to indemnify and hold harmless FindThose and its subsidiaries, affiliates, officers, agents, employees, partners, licensees and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use or misuse of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. FindThose reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
21. USER DISAGREEMENTS
You alone are responsible for your involvement with other users. FindThose reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release FindThose (and FindThose 's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A UK RESIDENT, YOU WAIVE UK CIVIL CODE, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH I KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
22. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FindThose, ITS SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON–INFRINGEMENT OF PROPRIETARY RIGHTS..
FindThose AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT THE SERVICE, INCLUDING ANY DOWNLOADABLE SOFTWARE, CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE AND ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE (i) WILL MEET YOUR REQUIREMENTS; (ii) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) YIELD RESULTS THAT ARE ACCURATE OR RELIABLE; (iv) WILL MEET YOUR QUALITY OR OTHER EXPECTATIONS; NOR THAT (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FindThose OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.