Right to Use

This Agreement constitutes your agreement with Websocials Inc. ("Websocials") with respect to use of this website and the Websocials services provided on this website (the “Service”). As used in this Agreement, "we" and "us" means Websocials or any successor or assignee of Websocials. This website and the Websocials services provided on this website are offered to you conditionally upon your acceptance of the terms and conditions set out below, as well as any amendments or additional terms, policies or procedures published on this website from time to time by Websocials. You should check these terms and conditions from time to time to keep informed of any such amendments or additions. By accessing and using this website, you are deemed to have agreed to these terms and conditions. Websocials shall have the right at any time to change or discontinue any aspect or feature of this website or the Websocials services offered herein, including, but not limited to, content, hours of availability, and equipment needed for access or use. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Registration Process

You can begin using our website and Service by filling out our online registration form. By registering with us, you agree to provide accurate and current information about yourself and to update that information if it changes. Registration and use of the Websocials website and Service is free. However, Websocials reserves the right at any time to implement membership categories such that some or all elements or areas of the website and Service shall be restricted only to “full” members who agree to pay a membership fee. Websocials may determine at its sole discretion the appropriate rates for such membership fees, which shall be posted on the website as and when applicable. When paying any applicable membership fees, making purchases or other transactions through this website, you may be asked to supply certain information, including credit card or other payment mechanisms. You agree that all such information you provide will be accurate and complete. You agree to pay all authorized charges incurred by you or other users of your account and credit card or other payment mechanisms at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on this website. You agree to be bound by all of the terms and conditions on this website and on any applicable order or registration form.

Restrictions on Use

The Websocials Service is restricted to participants who are at least 18 years old. By agreeing to the terms of use in this Agreement, you represent, warrant and covenant that you are at least 18 years old. You further agree to use the Service in accordance with the following rules:

you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;

you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language; you will not forward chain letters through the Service; you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person; you will not post messages, pictures or recordings or use the Service in any way which: ( I) violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or (ii) is fraudulent or otherwise unlawful or violates any law; and you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.

you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, Websocial’s systems or to other members' systems in any way.

Your account is private and should not be used by anyone else. You are responsible for all
usage or activity on the Service by users using your password, including but not limited to
use of your password by any third party.

Copyright & Trademarks

This website and all of the content of the website, is protected by intellectual property and other laws throughout the world, and is the copyrighted property of Websocials and/or its various third party licensors. None of the content found on this site may be copied, reproduced, republished, distributed, sold, licensed, transferred, distributed or modified without the express written permission of Websocials. Unauthorized use of the website would be a violation of Websocials' and its licensors' rights. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are the property of Websocials, its affiliates, and various third parties. The site and the software incorporated in the site may not be reverse engineered, decompiled or disassembled.

Monitoring of Use

We reserve the right to monitor all public postings, profiles, advertisements and messages to ensure that they conform to the above noted rules and content guidelines which may be applicable from time to time. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the rules set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or to other users of the Service. We may refuse to grant you an ID or nickname that impersonates someone else, is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

Violation of Rules

If, in our sole determination, you violate any rule contained in this Agreement, Websocials has the right, in its sole discretion, to terminate or suspend your membership (without refund of any fees paid, if applicable). In the event of a serious violation (as solely determined by Websocials) Websocials may also file suit against you for business interference or other appropriate legal theories and we will seek compensation from you for potential damage to our reputation caused by your actions. We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

You shall indemnify and hold harmless, and at Websocials' request defend, Websocials, its directors, officers, shareholders, employees, agents, affiliates and owners (each, an "Indemnified Party") from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees, an allocation for in-house counsel, and other legal costs) arising out of any claim of any third party resulting from any breach of your representations, warranties or covenants set forth in this agreement. You shall reimburse each Indemnified Party on demand for any costs, expenses and liabilities incurred by such Indemnified Party to which this indemnity relates. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

Personal Information and Submissions

By submitting your personal information, profile and/or photos to us, you are thereby granting to Websocials a royalty-free, worldwide, irrevocable, non-exclusive license to use this information and materials (and excerpts and edited versions of your submissions) in all media now known or hereinafter developed, and in promotions, and to sublicense and transfer this right to third parties, and you waive all moral rights in and to such materials and all claims against Websocials for any violations of copyright, rights of privacy, publicity, and defamation or other personal torts arising from Websocials' use of the information in such media. No payments shall be due to you for such grant of rights, and you may or may not receive credit as the author of such works in any use of them.

Privacy

By accessing and using this website and the Service, you are also deemed to have agreed to the terms and conditions in our Privacy Policy, which is posted separately from this Agreement on our website. You further acknowledge that (a) we cannot ensure the security or privacy of information you provide through the Internet and your email messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service. We reserve the right to send email to you, for the purpose of informing you of changes or additions to the Service, or of any Websocials related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity and by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Policy.

Links to Third Party Sites

This website may contain hyperlinks to websites operated by parties other than Websocials Inc. Such hyperlinks are provided for your reference only. Websocials does not control such websites and is not responsible for their content. No endorsement of any third-party products or services is expressed or implied by any information, material or content referred to or included on, or linked from or to this website. Your access and use of such sites, including information, material, products and services therein, are solely at your own risk. Furthermore, our Privacy Policy is applicable only when you are on our website. Once linked to another website, you should read that site's privacy policy before disclosing any personal information.

Liability Disclaimer

Your use this website and any use of or reliance upon any content contained herein, including without limitation, any opinion, member profile, advice, statement or posting, is at your own risk. If your use of this website or the materials contained herein results in any loss or damage to data or in the need for servicing or replacing property, material or equipment, or any other damage whatsoever, Websocials is not responsible for those costs. The Service may from time to time include messages from advice columnists who respond to "relationship" questions. Any statements made by advice columnists are provided for entertainment purposes only, and are not intended, and should not be taken, as specific advice in any particular circumstance. Such statements do not constitute counseling of any kind. Users with personal problems or who may be seeking personal advice applicable to their personal situation, are urged to consult with a qualified counselor with respect to such issues.

WEBSOCIALS INC. DOES NOT WARRANT THE QUALITY, ACCURACY OR COMPLETENESS OF ANY CLAIMS, STATEMENTS OR INFORMATION ON OUR WEBSITE. WE DO NOT WARRANT THAT THIS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, AND INTERRUPTIONS IN THE AVAILABILITY OF THE SERVICE. FURTHER, WEBSOCIALS INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION OR PRODUCT CONTAINED OR OFFERED ON THIS WEBSITE FOR ANY PURPOSE. ALL INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN NO EVENT SHALL WEBSOCIALS INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THERE IS A FUNDAMENTAL BREACH OR IF WEBSOCIALS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Modifications

We may modify this Agreement and/or the Privacy Policy from time to time. Notification of changes in this Agreement and/or the Privacy Policy will be posted on the Service or sent via email, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement and/or the Privacy Policy, or any subsequent modifications.

Assignment

You may not assign this Agreement or any of your rights to use the website and/or Service to any third party. Websocials has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. If Websocials's obligations hereunder are assumed by a third party, Websocials shall be relieved of any and all liability under this Agreement.

Governing Law

This site is created and controlled by Websocials in the Province of Ontario, Canada. As such, the laws of the Province of Ontario, and the federal laws of Canada applicable therein, shall govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of law. Websocials reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. THE PARTIES SPECIFICALLY AGREE THAT THE PERFORMANCE OF THIS AGREEMENT, IN ALL ITS ASPECTS, DOES NOT TAKE PLACE OUTSIDE THE JURISDICTION OF THE PROVINCE OF ONTARIO, CANADA.

LAST UPDATED February 1, 2003