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By accessing or using the services (the “Services”), which are located at: http://www.ourlikes.com (including all subpages, collectively “Ourlikes Website”), owned and operated by Interfun Networks, Inc. (“Ourlikes.com” or “Interfun Networks”), a Delaware corporation, or registering to become a member of our Services, you agree to be bound by the following Privacy & Service Policy, as well as any other rules, guidelines and additional terms referenced herein, which are hereby incorporated herein by this reference (collectively, “Privacy & Service Policy”).
This Privacy & Service Policy is subject to change by Ourlikes.com at any time, effective upon posting on the Ourlikes Website, and your use of the Services after such posting will constitute acceptance by you of such changes.
Description of Services
Ourlikes.com provides Services for individuals 18 years or over to meet other other individuals based on common interests. This Privacy & Service Policy sets out the legally binding terms with respect to your use of the Ourlikes Website and our provision of the Services. Please read this Privacy & Service Policy carefully. Your access to and/or use of the Ourlikes Website and/or the Services constitutes your acceptance of all of the provisions of this Privacy & Service Policy. If you are unwilling to be bound by this Privacy & Service Policy, please do not access or use either the Ourlikes Website or the Services.
The Services are proprietary to Ourlikes.com and is protected by intellectual property laws and international intellectual property treaties. Your access to the Services is licensed and not sold. Upon completing the registration process, Ourlikes.com agrees to provide you with a personal, non-transferable and non-exclusive account enabling you to access and use the Services.
Join In
Certain Services (e.g., recording of ranked interests and communicating with members through Postcards, Image Match and/or Mystery Crush) will require you to “join in” before accessing those Services. Once you have completed the “join in” registration process, you will become a member (an “Ourliker”). Additionally, in this same join in process, you can, at your discretion, allow Ourlikes.com to send e-mail messages on your behalf to invite your friends to the Service and also enable you to upload a picture to add to your profile.
Use of Services
Your use of the Services is expressly limited to non-commercial, personal and private use only. Any use for commercial gain is expressly prohibited.
You agree to be solely responsible for any authorized or unauthorized access to your account by any person. You represent and warrant to Ourlikes.com that: (i) you are over the age of eighteen (18), (ii) have the power and authority and to comply with the terms of this Privacy & Service Policy and to perform your obligations under the terms of these Privacy & Service Policy; (ii) you will comply with all terms and conditions of these Privacy & Service Policy; (iii) if you have opted to “join in,” you have provided and will provide accurate and complete registration information, (iv) you own or otherwise control the rights or have the necessary consents to do upload any content you provide through the Services.
You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Ourlikes.com may undertake from time to time; or (iii) causes beyond the control of Ourlikes.com or which are not reasonably foreseeable by Ourlikes.com.
You may engage in conferences and chats, download and upload files and otherwise use the Services as permitted by this Privacy & Service Policy and applicable law. Files that you upload, public messages that you send and your activity in conferences and chats are subject to review, modification and deletion without notice by Ourlikes.com. Files uploaded to a BBS may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download them.
Prohibited Items And Activities
You expressly agree that you are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Service, which includes, without limitation, use of the Services to:
- Sign up for the Ourlikes.com site and service if you have not acknowledged reading this Privacy & Security Policy;
- Join Ourlikes.com if you are 18 years or younger;
- Interfere, disrupt or attempt to gain unauthorized access to other accounts on the Services or any other computer network;
- Use Ourlikes.com in connection with any commercial endeavors and not solely for the use of individual members;
- Post your personal information such as last name, e-mail addresses, instant messaging addresses, personal URLs, physical addresses and phone numbers in any publicly viewable areas of Ourlikes.com;
- Post or give out any financial information or transmit electronically or physically any money to other members;
- Create user accounts by automated means or under fraudulent or false pretenses;
- Create or transmit unwanted electronic communications such as spam to members;
- Submit or upload any type of offensive material;
- Submit or upload any type of pornographic material;
- Harass or harm any members;
- Submit content or material that infringes the proprietary rights of other parties;
- Collect and publish any information about any of our members;
- Adapt, modify or reverse engineer any portion of the Services or the Ourlikes Website;
- Use any spider, robot, retrieval application, or any other devices to retrieve or any portion of the Ourlikes Website;
- Reformat any of the pages that are part of the Ourlikes Website;
- Disseminate, store or transmit viruses, trojan horses or other malicious code or program;
- Submit false or misleading information to Ourlikes.com or other members; or
- Engage in any other activity deemed by Ourlikes.com to be in conflict with the spirit of this Privacy & Service Policy.
Collection of Information
In order to provide you with the Services, members must provide certain necessary information during the registration process. Information we collect include:
- E-mail address
- User name
- Password
- Gender
- Date of Birth
- Country of residence
- State/Province
- City
- Zip Code
Ourlikes.com will treat all of your personal information with the highest care for your privacy and security. Ourlikes.com will not sell, trade, or otherwise disclose personal information to third parties unaffiliated with Ourlikes.com without your permission. Additionally, Ourlikes.com will not disclose your personally identifiable information unless required to do so in order to comply with applicable law, a subpoena, or other legal process. In the event that Ourlikes.com should be acquired or substantially all of its assets transferred, customer information would be considered a transferable asset.
Ourlikes.com may also collect non-personal information not associated with your identity in order to improve and customize the delivery of the Services, such as IP addresses and cookies.
In the event Ourlikes.com makes a material change in the way your personal information is collected, the use of your personal information, or our email policies, you will be notified either by email or through a notice posted on the Ourlikes Website.
Because your sensitive data is very important to both you and us, Ourlikes.com has implemented policies and procedures to protect your information. Ourlikes.com operates secure data networks that are password-protected and are not publicly available. While Ourlikes.com will work hard to protect your information, Ourlikes.com cannot ensure or warrant the security of any of the information you submit to us or receive from us. Ourlikes.com reviews its security policies on a regular basis and changes will be made as necessary.
Use of Information
The individually identifiable information that you provide will be used by us to provide you with information about products and services available to you. Correspondence from Ourlikes.com may contain commercial messaging, such as ads and offers from Ourlikes.com and/or select partners. We may use action tags to learn more about your visits to this Site in order to provide emails about goods and services of interest to you.
This information may then be imported into the website programs to simplify the amount of information you will need to enter when using the features available on the Ourlikes Website. In the event there is a change or update to the Services, Ourlikes.com may use your information to contact you regarding such a change, update or description of related services. Your demographic data is used to show you content that may be of interest to you, and to help Ourlikes.com display the content of the Ourlikes Website according to your preferences.
Also, Ourlikes.com uses your signup information to send you information about our company and select partners. You may opt out of receiving some of this information, such as notifications of correspondence from other members, directly within the Ourlikes Website.
We may share aggregate information collected through Ourlikes.com with non-affiliated third parties. Aggregate information does not identify you, but rather is based upon a summary of information about all users. This aggregate information will help our advertisers better target advertisements and services that are more relevant to you.
Financial Information
When you initially provide your financial information on Ourlikes.com, we use that information to bill you for products and services you use. By making a purchase on the website, or accessing any financial transaction or activity on the website, you automatically consent to allowing Ourlikes.com to provide your financial information to our service providers, as well as your credit card issuer for their assistance in processing your transaction. Your financial activity on the website also allows us to contact any other third parties we determine as necessary to process your transactions. These third parties may include banking facilities and/or credit card institutions used to process and verify your financial transaction.
Personal Security Measures Members Should Take
You are responsible for maintaining the confidentiality of your email address and password that you designate during the join in process. You agree to immediately notify Ourlikes.com of any unauthorized use of your email address, screen name or password or any other security breach and you exit from your account at the end of each session, especially if you are using public computers and networks. Additionally, you should be careful when inputting your email address and password in public settings, so others are not able to view this information. Ourlikes.com will not be liable for any damage or loss due to your failure to comply with this provision.
When interacting with other members on Ourlikes.com, you are solely responsible for these interactions. As such, you should not give out any personally identifiable information such as your last name, personal email addresses, instant messenger addresses, personal URLs, telephone numbers and physical addresses to other members. Additionally, you should not give out any financial information or transmit electronically or physically any money to other members. Ourlikes.com has created the Ourlikes Website so that you can communicate and meet members in a secure and private manner.
You acknowledge and agree that Ourlikes.com has no responsibility or obligations to you in the event that you choose to meet other Ourlikers or visitors of the Ourlikes Website.
You acknowledge and understand that Ourlikes.com (a) does not in any way screen or inquire into the backgrounds of our members or attempt to verify the statements of our members, or (b) not make any representations or warranties as to the conduct of members or their compatibility with any current or future members.
Public Profile Pages
Please be aware that Ourlikes.com have created this aforementioned system for your safety and privacy and as such, you are not allowed to post your personal information such as last name, e-mail addresses, instant messaging addresses, personal URLs, physical addresses and phone numbers within the About Me, Likes or Dis-Likes sections of your Public Page, as these can be read, collected and/or used by others to send you unsolicited messages or cause more serious harm. For this reason, members are not allowed to post this information within the About Me, Likes, Dis-Likes or any other publicly available section within Ourlikes.com. Ourlikes.com is not responsible for any of the aforementioned personal information you choose to reveal in publicly available sections within our site.
Other Sites and Advertising
You are encouraged to use discretion while browsing the Internet using links initiated at the Ourlikes Website. These third party links may lead unintentionally to sites containing information that some people may find inappropriate or offensive. It may also lead to sites which contain inaccurate information, false or misleading advertising, or information which violates copyright, libel or defamation laws. Ourlikes.com makes no representations concerning any effort to review all of the content of sites listed in the Ourlikes Website.
Content Posted By Members On Ourlikes.com
Members are solely responsible for the content they post on Ourlikes.com, or transmit to other members. Members are not allowed to post or transmit to other members, any defamatory, inaccurate, profane, obscene, abusive, offensive, sexually or racially offensive, threatening, harassing, or illegal material, or any material that infringes or violates another party's rights (see Copyright Dispute Policy). Pornographic material is absolutely not allowed by any member or visitor on Ourlikes.com. Additionally, members will not provide inaccurate, misleading or false information to Interfun Networks, Ourlikes.com or to any other member. If information provided to us or other members, subsequently becomes inaccurate, misleading or false, members will promptly update their profiles. Interfun Networks and Ourlikes.com may review and delete content, messages, emails, photos, images that in the sole judgment of Interfun Networks and Ourlikes.com violate this agreement or which might be offensive, illegal or may violate the rights, harm or threaten the safety of members.
By posting content to public areas of Ourlikes.com, you grant, warrant and represent that you have the right to grant to Interfun Networks, its founders and Ourlikes.com a non-exclusive, irrevocable, perpetual, fully paid license to copy, reproduce, use, perform, display, adapt, modify and distribute such information and content into other works, such information and content, and to grant and authorize sublicenses for the foregoing. You further represent and warrant that public posting and use of your content by Interfun Networks, its founders and Ourlikes.com will not infringe or violate the rights of any third party (see Copyright Dispute Policy). Additionally, your use of the service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations.
Copyright Dispute Policy
Ourlikes.com respects the intellectual property rights of others and the same is expected of our members. Ourlikes.com will respond to claims of copyright infringement committed using the Services that are reported to the Ourlikes.com Designated Copyright Agent identified in the notice below.
If you are a copyright owner, authorized to act on behalf of a copyright owner and/or authorized to act under any exclusive right under copyright, please report the alleged copyright infringement taking place on the Ourlikes.com site by completing the following DMCA Notice of Alleged Infringement (the “Notice”). Upon receipt of Notice as described below, Ourlikes.com will take action, in our sole discretion, we deem appropriate, including removal of the challenged use from the site or discontinuance of service to repeat offenders.
DMCA Notice of Alleged Infringement
- Identify the copyrighted work, by title and with sufficient detail so that we can locate the infringing material on our site, that you claim has been infringed and that access to which is to be disabled
- Please provide your full legal name, physical or electronic signature, mailing address, telephone number and email address
- Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law."
- "I hereby state, under penalty of perjury, that the information provided is accurate, and that I am the owner, or authorized to act on behalf of the owner of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Deliver this Notice, with all items completed, to Ourlikes.com’s Designated Copyright Agent at:
Interfun Networks, Inc.
c/o Ourlikes.com
Designated Copyright Agent
P.O. Box 330
San Francisco, CA 94104
copyright@ourlikes.com
Termination of Services
Ourlikes.com, in our sole discretion, reserves the right (a) to terminate any member account, with or without notice, for any or no reason; (b) to remove or disable access to all or any portion of the Services or the Ourlikes Website; (c) to suspend any user’s access to or use of all or any portion of the Services; and (d) to remove any content from Ourlikes.com’s servers at any time, with or without notice, for any or no reason.
Disclaimer of Warranties
OURLIKES.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.
Furthermore, Ourlikes.com disclaims (a) any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or availability or operability of information or materials displayed on the Ourlikes Website or any of its subpages; (b) any and all responsibility for the conduct of any user of the Services or any visitor of the Ourlikes Website; (c) any and all responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material; and (d) disclaims any and all responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Service, the Ourlikes Website or any of its subpages.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Ourlikes.com MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, RELIABLE OR WILL IN ANYWAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Limitation of Liability; Indemnification
UNDER NO CIRCUMSTANCES WILL Ourlikes.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLERARY, OR PUNITIVE DAMGAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SERVICE, THE USE OF THE OURLIKES WEBSITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUGH LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES; ANY CHANGES TO OR INACCESSIBILITY OR TERMINATION OF THE SERVICES; ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RESEIVED; ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SERVICES; OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF TORT OR OTHERWISE, AND WHETHER OR NOT Ourlikes.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON Ourlikes.com, THE SERVICES, OR THE OURLIKES WEBSITE, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY Ourlikes.com, ITS STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY ACTION, CAUSE CLAIM, SUIT, JUDGMENT, DAMAGE (ACTUAL AND CONSEQUENTIAL), DEBT, DEMAND, EXPENSE OR LIABILITY (INCLUDING REASONABLE COSTS AND ATTORNEY’S FEES) OF EVERY KIND AND NATURE, ASSERTED BY ANY PERSON, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR THE OURLIKES WEBSITE.
Term and Termination
This Privacy & Service Policy is effective as of the time you first access the Ourlikes Website and shall continue in full force and effect until terminated as set forth herein. Subject to Ourlikes.com’s rights herein, you may terminate your access of the Ourlikes Website or your use of the Services at any time. In the event you have registered for an account to use the Service, once you terminate your membership, you shall have no further rights or privileges to use the Services. The terms of those sections that by their terms are intended to survive the termination or expiration of this Privacy & Service Policy shall survive any termination or expiration of this Privacy & Service Policy.
Miscellaneous
This Privacy & Service Policy shall be governed by and construed in accordance with the laws of the State of California. You agree that any legal action or proceeding between Ourlikes.com and you for any purpose concerning this Privacy & Service Policy or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in San Francisco County, California, United States. No waiver of any term, provision or condition of this Privacy & Service Policy, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Privacy & Service Policy constitutes the complete and exclusive statement of the agreement between the parties with respect to the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Services. If any action in law or in equity is necessary to enforce the terms of this Privacy & Service Policy, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Privacy & Service Policy are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of this Privacy & Service Policy is intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any user, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Privacy & Service Policy; except that the indemnification provisions of this Privacy & Service Policy are intended to benefit Ourlikes.com and its stockholders, officers, directors, employees, and agents. Ourlikes.com may assign its rights and duties under this Privacy & Service Policy to any party at any time without notice to you.
Contacting Interfun Networks and Ourlikes.com
Our headquarters are located in San Francisco, CA and we can be reached at:
Mailing Address:
Interfun Networks, Inc.
Ourlikes.com
P.O. Box 330
San Francisco, CA 94104
Email: info@ourlikes.com
Last updated on August 12, 2007 |
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