FindMyPages.com Terms & Conditions
FindMyPages.com is a broadcast networking service that allows Members to create unique personal
profiles online in order to find and communicate with old and new friends. The services offered by FindMyPages.com("FindMyPages.com" or "we") include the FindMyPages.com website (the "FindMyPages.com Website"), the FindMyPages.com Internet messaging service, and any other features, content, or applications offered from time to time by FindMyPages.com in connection with the FindMyPages.com Website (collectively, the "FindMyPages.com Services").
The FindMyPages.com Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the FindMyPages.com Services.
By using the FindMyPages.com Services, you agree to be bound by this Agreement, whether you are a "Visitor"
(which means that you simply browse the FindMyPages.com Website) or you are a "Member" (which means that
you have registered with FindMyPages.com). The term "User" refers to a Visitor or a Member. You are only
authorized to use the FindMyPages.com Services (regardless of whether your access or use is intended) if
you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do
not agree with it, you should leave the FindMyPages.com Website and discontinue use of the
FindMyPages.com Services immediately. If you wish to become a Member, communicate with other Members and
make use of the FindMyPages.com Services, you must read this Agreement and indicate your acceptance
during the Registration process.
This Agreement includes FindMyPages.com's policy for acceptable use of the FindMyPages.com Services
and Content posted on the FindMyPages.com Website, your rights, obligations and restrictions regarding
your use of the FindMyPages.com Services and FindMyPages.com's Privacy Policy. In
order to participate in certain FindMyPages.com Services, you may be notified that you are required
to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the
additional terms and conditions applicable to the FindMyPages.com Services in which you choose to
participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement
by emailing us at: support @ FindMyPages.com, Subject: Terms of Condition
Agreement.
FindMyPages.com may modify this Agreement from time to time and such modification shall be effective
upon posting by FindMyPages.com on the FindMyPages.com Website. You agree to be
bound to any changes to this Agreement when you use the FindMyPages.com Services after any such
modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on FindMyPages.com and that you provide to other
Users. Your FindMyPages.com profile may not include the following items: any photographs containing
nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter.
Despite this prohibition, information provided by other FindMyPages.com Members (for instance, in
their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services,
and FindMyPages.com assumes no responsibility or liability for this material. If you become aware of
misuse of the FindMyPages.com Services by any person, please contact us.
FindMyPages.com reserves the right, in its sole discretion, to reject, refuse to post or remove any
posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of
the FindMyPages.com Services at any time, for any or no reason, with or without prior notice, and
without liability.
- Eligibility. Use of and Membership in the FindMyPages.com Services is void
where prohibited. By using the FindMyPages.com Services, you represent and warrant that (a) all
registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 14 years of age or older; and (d) your use of the FindMyPages.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be
terminated without warning, if we believe that you are under 14 years of age.
- Term. This Agreement shall remain in full force and effect while you use the
FindMyPages.com Services or are a Member. You may terminate your Membership at any time, for
any reason, by following the instructions on the Member's Account Settings page. FindMyPages.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement
will remain in effect, including sections 5-17.
- Fees. You acknowledge that FindMyPages.com reserves the right to charge for
the FindMyPages.com Services and to change its fees from time to time in its discretion. If
FindMyPages.com terminates your Membership because you have breached the Agreement, you shall not
be entitled to the refund of any unused portion of subscription fees.
- Password. When you sign up to become a Member, you will also be asked to choose a password.
You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account,
username, or password of another Member at any time or to disclose your password to any third party. You agree to
notify FindMyPages.com immediately if you suspect any unauthorized use of your account or access
to your password. You are solely responsible for any and all use of your account.
- Proprietary Rights in Content on FindMyPages.com. FindMyPages.com does not claim any ownership rights in the text, page links, images, photos,
works of authorship, or any other materials (collectively, "Content") that you post to the FindMyPages.com Services. After posting your Content to the FindMyPages.com Services, you continue to retain
all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose.
- Content Posted.
- FindMyPages.com may delete any Content that in the sole judgment of
FindMyPages.com violates this Agreement or which may be offensive, illegal or violate the
rights, harm, or threaten the safety of any person. FindMyPages.com assumes no
responsibility for monitoring the FindMyPages.com Services for inappropriate Content or
conduct. If at any time FindMyPages.com chooses, in its sole discretion, to monitor the
FindMyPages.com Services, FindMyPages.com nonetheless assumes no
responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no
responsibility for the conduct of the User submitting any such Content.
- You are solely responsible for the Content that you post on or through any of the
FindMyPages.com Services, and any material or information that you transmit to other
Members and for your interactions with other Users. FindMyPages.com does not endorse
and has no control over the Content. Content is not necessarily reviewed by FindMyPages.com prior to posting and does not necessarily reflect the opinions or policies of FindMyPages.com.
FindMyPages.com makes no warranties, express or implied, as to the Content or to the
accuracy and reliability of the Content or any material or information that you transmit to other Members.
- Content/Activity Prohibited. The following is a partial list of the kind of Content that is
illegal or prohibited to post on or through the FindMyPages.com Services.
FindMyPages.com reserves the right to investigate and take appropriate legal action against
anyone who, in FindMyPages.com's sole discretion, violates this provision, including without
limitation, removing the offending communication from the FindMyPages.com Services and
terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that,
in the sole discretion of FindMyPages.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides any telephone numbers, street addresses, last names, URLs or email addresses;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- includes a photograph of another person that you have posted without that person's consent; or
- uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the FindMyPages.com Website and through your use of the FindMyPages.com Services. FindMyPages.com reserves the
right to investigate and take appropriate legal action against anyone who,
in FindMyPages.com's sole discretion, violates this provision, including without limitation,
reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug
dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files,
copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the
FindMyPages.com Services. You may not transmit any chain letters or junk email to other
Members. It is also a violation of these rules to use any information obtained from the
FindMyPages.com Services in order to contact, advertise to, solicit, or sell to any Member
without their prior explicit consent. In order to protect our Members from such advertising or solicitation,
FindMyPages.com reserves the right to restrict the number of emails which a Member may send
to other Members in any 24-hour period to a number which FindMyPages.com deems appropriate
in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or
other unsolicited communications of any kind through the FindMyPages.com Services, you
acknowledge that you will have caused substantial harm to FindMyPages.com, but that the
amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you
agree to pay FindMyPages.com $50 for each such unsolicited email or other unsolicited
communication you send through the FindMyPages.com Services;
- covering or obscuring the banner advertisements on your personal profile page, or any
FindMyPages.com page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the FindMyPages.com Services or the networks or services connected to the FindMyPages.com Services;
- attempting to impersonate another Member or person;
- for band profiles, copying the code for your FindMyPages.com Player and embedding
it into other profiles or asking other Members to embed it into their profiles;
- using the account, username, or password of another Member at any time or disclosing your password to
any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the FindMyPages.com Services in order to harass,
abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third
person in exchange for your performing any commercial activity on or through the FindMyPages.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
- using the FindMyPages.com Services in a manner inconsistent with any and all
applicable laws and regulations.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent
of the owner of such proprietary rights. It is the policy of FindMyPages.com to terminate Membership
privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to
FindMyPages.com by the copyright owner or the copyright owner's legal agent. Without limiting the
foregoing, if you believe that your work has been copied and posted on the FindMyPages.com Services
in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material
that you claim is infringing is located on the FindMyPages.com Services; (iv) your address,
telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
- Member Disputes. You are solely responsible for your interactions with other
FindMyPages.com Members. FindMyPages.com reserves the right, but has no
obligation, to monitor disputes between you and other Members.
- Privacy. Use of the FindMyPages.com Services is also governed by our Privacy
Policy, which is incorporated into this Agreement by this reference.
- Disclaimers. FindMyPages.com is not responsible for any incorrect or inaccurate
Content posted on the FindMyPages.com Website or in connection with the
FindMyPages.com Services, whether caused by Users of the FindMyPages.com Services or by any of the equipment or programming associated with or utilized in the
FindMyPages.com Services. Profiles created and posted by Members on the
FindMyPages.com Website may contain links to other websites. FindMyPages.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way
investigated, monitored or checked for accuracy or completeness by FindMyPages.com. Inclusion of
any linked website on the FindMyPages.com Services does not imply approval or endorsement of the
linked website by FindMyPages.com. When you access these third-party sites, you do so at your own
risk. FindMyPages.com takes no responsibility for third party advertisements which are posted on
this FindMyPages.com Website or through the FindMyPages.com Services, nor does
it take any responsibility for the goods or services provided by its advertisers. FindMyPages.com is not responsible for the conduct, whether online or offline, of any User of the FindMyPages.com Services. FindMyPages.com assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, any User or Member communication. FindMyPages.com is not
responsible for any problems or technical malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of any email or players due to technical problems or
traffic congestion on the Internet or on any of the FindMyPages.com Services or combination
thereof, including any injury or damage to Users or to any person's computer related to or resulting from
participation or downloading materials in connection with the FindMyPages.com Services.
Under no circumstances shall FindMyPages.com be responsible for any loss or damage, including
personal injury or death, resulting from use of the FindMyPages.com Services, attendance at
a FindMyPages.com event, from any Content posted on or through the
FindMyPages.com Services, or from the conduct of any Users of the
FindMyPages.com Services, whether online or offline. The FindMyPages.com Services are provided "AS-IS" and as available and FindMyPages.com expressly disclaims any
warranty of fitness for a particular purpose or non-infringement. FindMyPages.com cannot
guarantee and does not promise any specific results from use of the FindMyPages.com Services.
- Limitation on Liability. IN NO EVENT SHALL FindMyPages.com BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FindMyPages.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
FindMyPages.com'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FindMyPages.com FOR THE FindMyPages.com SERVICES DURING THE TERM OF MEMBERSHIP.
- Indemnity. You agree to indemnify and hold FindMyPages.com, its subsidiaries,
and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use
of the FindMyPages.com. Services in violation of this Agreement and/or arising from a breach of
this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that
you post on theFindMyPages.com Website or through the FindMyPages.com Services
causes FindMyPages.com to be liable to another.
- Other. This Agreement is accepted upon your use of the FindMyPages.com Website
or any of the FindMyPages.com Services and is further affirmed by you becoming a Member. This
Agreement constitutes the entire agreement between you and FindMyPages.com regarding the use of
the FindMyPages.com Services. The failure of FindMyPages.com to exercise or
enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
FindMyPages.com is a trademark of FindMyPages.com, Inc. This Agreement
operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or
unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and
enforceability of any remaining provisions.
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