AGREEMENT BETWEEN NETWORK PARTNER AND FRIENDSEARCH / ALLDATINGNETWORK.
The FriendSearch
and AllDatingNetwork (hereafter referred to as "FriendSearch")
Web Site is comprised of various Web sites and Web pages operated
by FriendSearch or its affiliates, these Web sites will be collectively
referred to in this agreement as the "FriendSearch Network
Partners." Content Providers comprises web sites or companies
that provides FriendSearch with various kinds of content to be
distributed to Network Partners' sites.
By using FriendSearch, you must have
read our terms and conditions and must agree to it.
FriendSearch is a web infrastructure
solutions company, offering various plug-in services, content,
interactivity to various FriendSearch Network Partners (websites
that uses one or more of FriendSearch' services).
Any ads that appear on FriendSearch
Content or Dynamic Content or Services such as free emails,
must not contain hate groups, illegal activities, is offensive
or for any other reason deemed inappropriate by FriendSearch.
Network Partners
agree that their web site information (name, URL, traffic counts,
etc.) may be used by FriendSearch.
FriendSearch,
its administrators, partners and sponsors cannot be held liable
for any damage or loss of information that may occur from the
use of FriendSearch'
services.
Members agree to use FriendSearch
at their own
risk.
FriendSearch
makes every effort to verify and maintain a high standard of quality
for our services, but FriendSearch
does not make
any guarantees regarding the dependability, or accuracy of SmartClicks'
services.
AGREEMENT BETWEEN CONTENT PROVIDERS
AND FRIENDSEARCH
Content Providers agrees to provide
their content, dynamically generate or otherwise, to FriendSearch
to be re-used or re-distributed in any way FriendSearch sees fit.
FriendSearch will not be held responsible
for any content that it provides to it's Network Partners and
it will also not be held responsible for any changes in content
or any violations of copyright by its Network Partners.
AGREEMENT BETWEEN
USER AND FRIENDSEARCH
The FriendSearch Web Site is comprised of various Web sites and
Web pages operated by FriendSearch or its affiliates, these Web
sites will be collectively referred to in this agreement as the
"FriendSearch Network Partners."
Use of the FriendSearch Network provides a variety of services
to third party Web sites participating in the FriendSearch Network
(the "Member Sites"). The Member Sites are not under
the control of FriendSearch and FriendSearch is not responsible
for the actions or the contents of any Member Site, any link contained
in a Member Site, or any changes or updates to such sites. If
you have a question regarding a Member Site, please contact the
owner of such site directly.
The FriendSearch Network is offered to you conditioned on your
acceptance without modification of these Terms of Use and Notices.
Your use of the FriendSearch Network constitutes your agreement
to these Terms of Use and Notices. Your use of a particular FriendSearch
Web site included within, or acceptance of a product, service
or benefit obtained through, the FriendSearch Network may also
be subject to additional terms specified in the applicable FriendSearch
Web site or other accompanying documentation (as such terms may
be modified by FriendSearch from time to time as described below)
(the "Additional Terms"). If you do not have print capability
or otherwise desire to obtain a hard copy of these Terms of Use
and Notice, please contact FriendSearch customer service.
If any of the terms, conditions, and notices contained herein
conflict with the Additional Terms or other terms and guidelines
contained within or applicable any particular FriendSearch Web
site, service, product or benefit, then the applicable Additional
Terms shall control. You agree to familiarize yourself with the
Terms of Use, including the Additional Terms, and other terms
and guidelines found throughout the FriendSearch Network and abide
by them if you choose to use the sites, or accept the products,
services or benefits, to which such terms apply.
MODIFICATION OF THESE TERMS OF USE
FriendSearch reserves the right to change the Terms of Use and
Notices, and any Additional Terms at anytime, effective upon making
the modified provisions available on the FriendSearch Network.
You are responsible for regularly reviewing these terms and conditions.
Continued use of the FriendSearch Network after any such changes
shall constitute your consent to such changes. FriendSearch does
not and will not assume any obligation to notify you of any changes
to the Terms of Use and Notices, or Additional Terms.
USE LIMITATION
The FriendSearch Network is provided to assist you with the operation
of your business. Your right to use the FriendSearch Network is
personal to your company and its employees. Except to the extent
necessary to utilize the services of the FriendSearch Network,
you may not make any commercial use of the FriendSearch Network.
You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer,
or sell any information, software, products, services or benefits
obtained from the FriendSearch Network.
LINKS TO THIRD PARTY SITES
THE LINKS IN THE FriendSearch NETWORK MAY LET YOU LEAVE THE FriendSearch
NETWORK. YOU ACKNOWLEDGE THAT THE LINKED SITES ARE NOT UNDER THE
CONTROL OF FriendSearch AND FriendSearch IS NOT RESPONSIBLE FOR
THE CONTENTS OR OPERATION OF ANY LINKED SITE OR ANY LINK CONTAINED
IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. FriendSearch
IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION
RECEIVED FROM ANY LINKED SITE. FriendSearch IS PROVIDING THESE
LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK
DOES NOT IMPLY ENDORSEMENT BY FriendSearch OF THE LINKED SITE
OR ANY ASSOCIATION WITH THEIR OPERATORS.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the FriendSearch Network, you warrant
to FriendSearch that you will not use the FriendSearch Network
for any purpose that is unlawful, or prohibited by these Terms
of Use and Notices or the Additional Terms (as the same may be
modified from time to time). In addition, you may not link to
the FriendSearch Network any site containing an inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information, or material or information
that violates any applicable intellectual property, proprietary,
privacy or publicity rights.
The information provided by FriendSearch to you may be proprietary
in nature. You agree not to share any information provided to
you by or on behalf of FriendSearch with any third party. If you
sell or otherwise distribute goods or services that compete with
or may otherwise serve as a substitute for products or services
sold or otherwise distributed by FriendSearch, you may not: (a)
use or acquire, or have any other person use or acquire on your
behalf, the products or services of FriendSearch for which you
offer competing or substitute products or services; and (b) advertise,
promote, market or solicit offers to acquire such competing or
substitute products in connection with your use of any FriendSearch
products or services.
LIABILITY DISCLAIMER
The information, software, products, services and other material
included in or available through the FriendSearch Network may
not be complete, and may include inaccuracies or typographical
errors, and may also be modified or deleted from time to time.
Advice, information, products, services or other materials received
via the FriendSearch Network should not be relied upon for personal,
medical, legal, business, financial or other decisions and is
not intended to replace the advice of appropriate and qualified
professionals. You acknowledge that you should consult an appropriate
professional for specific advice tailored to your situation.
Your access to and use of the FriendSearch Network, and products
and services of FriendSearch, is at your own risk. FriendSearch,
and its members and sponsors, will not be liable for any damage,
loss or disclosure of information, data, revenue, accounts or
business that occurs in connection with your use of the FriendSearch
Network, or such products or services. FriendSearch makes no guarantees
of any kind regarding the dependability, accuracy, security, timeliness
or availability of the FriendSearch Network, or such products
or services.
Without limiting the foregoing, FriendSearch AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION,
SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY,
TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND MATERIALS CONTAINED ON THE FriendSearch NETWORK FOR
ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. FriendSearch AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS
OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
IN NO EVENT SHALL FriendSearch AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE FriendSearch NETWORK OR RELATED SERVICES, WITH THE DELAY OR
INABILITY TO USE THE FriendSearch NETWORK OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE FriendSearch NETWORK, OR OTHERWISE ARISING OUT OF THE USE
OF THE FriendSearch NETWORK, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FriendSearch
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE FriendSearch NETWORK, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE FriendSearch NETWORK AND ITS RELATED SERVICES. Without
limiting the foregoing, FriendSearch is not responsible for any
of your data residing on FriendSearch hardware. You are responsible
for backing-up your data and information that may reside on the
FriendSearch hardware, whether or not such information is produced
through the use of the FriendSearch Network.
You agree to defend, indemnify and hold FriendSearch harmless
from and against any and all claims, losses, liability costs and
expenses (including but not limited to attorneys' fees) arising
from your violation of these Terms of Use (including, without
limitation, violation of applicable Additional Terms of Use),
or any third-party's rights, (including, without limitation, infringement
of any copyright, violation of any proprietary right and invasion
of any privacy rights). These obligations will survive any termination
of your relationship with FriendSearch.
ACCESS RESTRICTION
FriendSearch reserves the right to deny in its sole discretion
any user access to the FriendSearch Network or any portion thereof
without notice. You are responsible for safeguarding the confidentiality
of your password(s) and user name(s) issued to you by FriendSearch,
and for any use or misuse of your account or the FriendSearch
Network resulting from any third party using a password or user
name issued to you.
TERMINATION
FriendSearch may terminate this agreement and your access to any
or all FriendSearch Network and the related services at any time,
with or without cause, effective immediately. Anyone determined
by FriendSearch to have violated these Terms of Use and Notices,
or any Additional Terms may be barred from using the FriendSearch
Network, or from receiving any products, services or benefits
from the FriendSearch Network. In addition, if you violate any
of these Terms of Use, Notices or Additional Terms (as applicable)
you will forfeit all in-kind credits and amounts accruing to you
(if any) in connection with the FriendSearch Network.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the FriendSearch Network are: Copyright (c) 1996
- 2003 EzerNet.
All rights reserved.
TRADEMARKS
FriendSearch is either a trademark or registered trademark of
EzerNet.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should
be inferred.
Any rights not expressly granted herein are reserved by FriendSearch.