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Terms of Use - BETA

Updated 11-27-2009, 17:45

PDF Download of Terms of Use

The following are terms of a legal agreement between you and By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site. may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

    A. BETA Site
  1. is currently in BETA status. All information is provided on an AS IS Basis and NOT GARENTEED in anyway.
  2. Since is in BETA status, We require that you provide Feedback in order to improve our services to end users.
  3. As is in BETA status, We can not guarantee the lift notifications are accurate or exact.
    1. Acceptance of Terms of Use for this web site.
  3. This web site. ("") includes without limitation: (a) the Members Section,and other services accessible via the Web site. (collectively the "Services"); (b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information ("Information"); and (c) content such as data, text, software, photographs, graphics, video, messages, or other materials ("Content"). controls and operates its web sites from various locations and makes no representation that this Web site. is appropriate or available for use in all locations. products and services may not be available in Your location, and deliverables may vary among locations. If You are using the Web site. on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on Your employer's behalf, and that Your employer agrees to indemnify You and for violations of these Terms. In addition to the Terms and unless otherwise noted, the standard terms and conditions in your jurisdiction govern purchases You make through the Web site., unless You have in effect a separate valid written purchase or license agreement with for that product or service, in which case that separate agreement governs, and in cases of conflict, prevails.
  4. Users using this web site are subject to the terms of the User AGREEMENT and any and all other policies published, at any time, on this web site. By agreeing to these terms, users will be bound by all terms and conditions of this agreement. reserves the right to modify the terms and conditions of this agreement at any time. Users must abide by any and all terms current and future.
2. Your obligations and conduct
  1. This site is owned and operated by, Inc. It provides a free account and other services on an "AS IS" and "AS AVAILABLE" basis. Use of this site is contingent on acceptance of viewing of any and all advertisements (ADS) sent on or by pages of this site. ADS include, but are not limited to: banners, buttons, pop-up windows and text links.
  2. In consideration of Your use of the Web site., You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Web site. (the "Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Web site.
  3. You are entirely responsible for all Content that You upload, post or otherwise transmit via the Web site. You agree not to upload, post or otherwise transmit via the Web site. Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to or other users of the Web site.; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) 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. (e) Violates any copyright or contractual agreement. reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.
  4. You agree that You will not use the Web site. to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be or someone else, or spoof's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Web site.; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
3. Confidentiality of information
  1. You may obtain direct access via the Web site. to certain confidential information of and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with and its suppliers.
  2. Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or's written request, You must cease use of Confidential Information and return or destroy it.
  3. The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to adequate to afford the opportunity to object to the disclosure.
4. Content submitted to
  1. 1 does not claim ownership of the Content You place on the Web site. and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein, or in's Privacy Policy, any Content You provide in connection with this Web site. shall be deemed to be provided on a non confidential basis. shall be free to use or disseminate such Content on an unrestricted basis for any purpose, and You grant and all other users of the Web site. an irrevocable, worldwide, royalty-free, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell and publish such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among, its affiliates, and third-party providers of any information that You may provide on the Web site.
5. Notices; modification and termination of services; amendment of terms may provide notice to You via email, regular mail, text message, or posting notices or links to notices on the Web site. reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. may also delete, or bar access to or use of, all related Information and files. will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. may amend these Terms at any time by posting the amended terms on this Web site.

TERMINATION FOR ANY REASON: reserves the right to restrict or deny access to this site to any user. may terminate services with or without cause at any time, without prior notice or warning, and effective immediately upon termination.


Users impersonating staff members in any way will have their accounts terminated without prior notice or warning.


Harassment of others, by any means within is strictly prohibited. Termination of account may result without warning as harassment will not be tolerated.


SPAM is bulk unsolicited email or public message postings. The act of sending SPAM from, referencing and/or to is STRICTLY PROHIBITED, will not be tolerated and may result in immediate account termination without prior notice or warning. Additionally, reserves the right to charge $100.00 per complaint received about any SPAM; also reserves the right to bill SPAMMER for any and all investigator, legal and/or other expenses resulting from their act.


Users found to have more than one (1) member account without having obtained prior consent from may have any or ALL of their member accounts terminated without prior notice or warning


Users found to have provided incorrect or inaccurate personal information may have their member account terminated without prior notice or warning. Personal information in the signup and account details editing area is required and must be correct, verifiable and accurate. may, at its sole discretion, request a faxed or mailed copy of picture identification (I.D.) to verify personal information as provided by the member to's online account creation and editing forms. Failure to comply with a verification request for identification in a timely manner, as determined by, may cause the member's account to be terminated without prior notice or warning.


Users found to be abusing their free or paid membership in any way AND/OR users found to be assisting other free or paid members in averting item limits or abusing their membership may have their member account terminated without prior notice or warning.


Members without a currently paid membership that are inactive for three (3) months or more may have their account terminated without prior notice or warning.


Users may cancel account at anytime by requesting to do so in writing. Cancelation requests may be sent to [email protected]. No other method of account cancellation will be accepted.

6. Advertisements and promotions

Your correspondence or business dealings with, or participation in promotions of, advertisers other than found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

7. Content provided via links
  1. You may find links to other Internet sites or resources on the Web site. You acknowledge and agree that is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
  2. RSS content on the Web site. is the intellectual property of the RSS provider. Any copying, republication or redistribution of RSS content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of the RSS provider. Data is provided for information purposes only, and is not intended for trading purposes. RSS providers shall not be liable for any errors or delays in content, or for any actions taken in reliance thereon. RSS, the RSS Logos are registered trademarks of the RSS providing companies around the world.
8. Intellectual property rights
  1. Except as expressly authorized by or by Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.
  2. " Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations uses in connection with its products and services. You may not remove or alter any Trademarks, or co-brand your own products or material with Trademarks, without's prior written consent. You acknowledge's rights in Trademarks and agree that any use of Trademarks by You shall inure to's sole benefit. You agree not to incorporate any Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
  3. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by on this Web site. provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section
  4. Upon termination, You must immediately destroy any downloaded and/or printed Content.
  1. The materials and content displayed on this web site, that are not member upload items, including but not limited to text, software, graphics, video, music, sound, names, logos, trademarks and service marks are the property of, its affiliates or licensors and are protected by copyright, trademark, patent or other intellectual property laws.
  2. agree to not upload, post, or transmit any material for which they do not hold legal copyright.
  3. Members who upload content to grant an unrestricted and non-exclusive right to display and utilize the uploaded content.
  4. Members maintain the copyrights to their content.
  5. Posting work that you know is not your own work is considered plagiarism; the original Author can submit your item as a copyright violation. There is a difference between just citing works within your own and posting an entire work completely as your own creation. Plagiarism will not be tolerated at
10. Disclaimer of Warranties
  1. Your use of the web site. is at your sole risk unless otherwise explicitly stated. The web site., including the information, services and content (as defined in section 1.2) is provided on an "as is" "as available" and "with all faults" basis. disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, fitness for a particular purpose, or non infringement. makes no representations, warranties, conditions or guarantees as to the usefulness quality, suitability, truth, accuracy or completeness of the web site.
  2. makes no warranty or representation that: (a) the web site. will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the web site. will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from the web site. will meet your expectations or requirements; or (d) any errors in the web site. will be corrected.
  3. You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the web site., including any damages resulting from computer viruses.
11. Limitation of liability
  1. To the full extent permitted by law, is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the web site., even if has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the web site.; (b) 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 web site.; (ac) statements or conduct of any third party on the web site., including without limitation unauthorized access to or alteration of transmissions or data, malicious or criminal behavior, or false or fraudulent transactions; or (d) content or information you may download, use, modify or distribute.
  2. To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.
  3. Under no circumstances will, its parent, employees, affiliates, or other third parties related to this site be liable for any damages whatsoever. This includes, but is not limited to direct, indirect, incidental, punitive or consequential damages (including those resulting from lost profits, lost data or business interruption) arising out of the use of this site, or any web sites linked to this site.
12.'s privacy policy

You consent to the collection, processing and storage by of Your personal information in accordance with the terms of's Privacy Policy, which is available here. You agree to comply with all applicable laws and regulations, and the terms of's Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with this Web site.

13. General terms
  1. The Terms constitute the entire agreement between You and relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized representative. You must not assign or otherwise transfer the Terms or any right granted hereunder. You also may be subject to additional terms and conditions that may apply when You use or third-party products or services.
  2. You agree that any material breach of Sections 2, 3, 4, 5, and 9 of the Terms will result in irreparable harm to for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if seeks such an injunction.
  3. California law and controlling U.S. federal law govern any action related to the Terms and/or Your use of the Web site. Choice of law rules of any jurisdiction and the United Nations Convention on Contracts for the International Sale of Goods will not apply to any dispute under the Terms. You and agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, U.S.A.
  4. Services, Content, and product derived or obtained from this Web site. may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or your local laws; (b) not use Services, Content, or direct product from this Web site. to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from this Web site. to prohibited countries and entities identified in the U.S. export regulations.
  5. Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms.
  6. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.
  1. may include links to other sites. Said sites are not monitored by or its affiliates and we are not responsible for their content.
  1. Any information posted on this site in a public forum may be collected and used by parties browsing this site or affiliated sites. You agree that you are fully responsible for any and all information, material or works that you transmit to and its affiliates reserve the right to edit, copy, publish, retransmit and distribute any information and/or material that you post or transmit to this site. may contact you from time to time using the contact email address provided upon signup.
  1. By using this site and its services, you agree to full responsibility for any claim or demand made by any third party due to or arising out of anything you submit, post, transmit, upload or publish on You are responsible for your actions on and accept all responsibility, legal or otherwise, for your activity. is completely exempt from any legal action that may result from any user claim.
  1. does not accept or promote plagiarism of any kind. Any user suspected of plagiarism will be terminated from further use of this site.
  1. While this web site does not encourage inappropriate literature or the use of offensive terms, we are not responsible for the written words of our users. By agreeing to these terms, users understand that some stories may be offensive and are recommended to use caution and adult supervision for those under legal age. will make every attempt to post notices when stories meet Adult Content Levels, however can NOT guarantee in any way the validity or timeliness of these notices.
  2. Use of this site is at the users own discretion and should be used knowing and agreeing to all of the terms stated within this Terms and Conditions page.
  3. If you do not agree with anything stated within these Terms and Conditions, You must exit the site NOW. Further use of this site or its affiliates means that you agree with the Terms and Conditions and Privacy Policy Completely, Unconditionally, 100% (One hundred Percent).

If you have any questions or concerns about our web site. or these Terms of Use, please feel free to contact us at [email protected]

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