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By accessing or contributing to any content published at Site, User agrees that you have read, understand and agree with the Terms of Use as stated in this document. You further agree that, though this document is published in its final form to date and accessible without restriction at Time to Promote.  All Terms of Use agreement are subject to changes at any time without notification to you. We encourage you to access this document to ensure your continued agreement with this Terms of Use.

1. Suitability of content
User's use of Site's services, including but not limited to all content, software, functions, materials and information, is at User's sole risk and such services are provided on an as-is and as-available basis. Except as expressly set forth in this agreement, we hereby disclaim any and all warranties including implied warranties of fitness, value, suitability, merchantability and performance of the Site. Site makes no warranty that the service and/or content will meet User's requirements, or that the service and/or content will be timely and error free; nor do we make any warranty as to the accuracy or reliability of any information obtained through the Site.

2. Limitations of liability
User expressly agrees that under no circumstances shall Site be liable to User or any other entity for any direct, indirect, special, incidental, consequential, punitive or exemplary damages of any kind, including but not limited to damages for loss of profits, goodwill, loss of income, cost of replacement services, use of Site content, access to Site, data or other intangible losses, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Site was advised of such a possibility or if such loss was foreseeable in any way if related to: (a) use or inability to use service, (b) cost of procurement or substitute goods and services resulting from any services, data, information or other content, goods purchased or obtained, messages received or transactions entered into via Site, (c) unauthorized access to or alterations of User Data, (d) statements of conduct of any third party on Site's services, (e) the accuracy, adequacy, reliability, currentness, completeness, timeliness, suitability, usefulness or applicability of any content, or (f) any other matter related to this agreement or use of Site's services, goods and/or content. User understands and agrees that any material and/or data downloaded, or otherwise obtained, directly or indirectly from the Site is done at your own risk, and that User will be solely responsible for any damage to your computer system or loss of data that may result from the download of such material and/or data. Users may incur fees in exchange for access to Site's members-only content and services. User agrees that Site's total liability for damages for mistakes, omissions, delays, errors and defects in the provision of service and/or content, shall in no event exceed an amount equal to the prorata charges to you for the affected period.

Though content, information and/or material, including User Data, may be screened, filtered, edited, or otherwise modified or removed to comply with standards, preferences and/or tastes of Site at its sole discretion, User agrees that Site is not responsible for nor liable to User nor any third party for content, information and/or material that does not satisfy User expectations, preferences, needs or desires or if User experiences content that (s)he feels is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar offensive, obscene, graphic, explicit or otherwise objectionable conduct, speech or communication of any third party including User Data via Site's services, or for any infringement or violations of any third party's rights including but not limited to intellectual property rights and rights of publicity or privacy.

User agrees to indemnify and hold Site harmless from all claims, losses, liens, expenses, suits and attorneys' fees ("Liabilities") for injuries to or death of any person and for damages to or loss of any property which may in any way arise out of or result from or in connection with your use of Site, its services and content, except to the extent that such Liabilities arise from the active negligence or willful misconduct of Site.

You agree to indemnify and defend Site, its owner/publisher, parent, subsidiaries, principals, partners, shareholders, employees, affiliates, vendors, sponsors, advertisers and assignees, in the event that your use of the Site, its services and content; (i) constitutes a violation of any law, regulation or tariff (including, without limitation, copyright and intellectual property laws); (ii) is defamatory, fraudulent or deceptive, (iii) is intended to threaten, harass or intimidate, or (iv) interferes with other customers' use or enjoyment of the services and content provided by Site.

3. Limited use
The license to download, store and/or output the materials, information, and graphics at Site is granted for the User's personal use only, and materials may not be reproduced, broadcast or published in any edited form. Any other reproduction, transmission, performance, display or editing of these materials by any means mechanical, electronic, or otherwise without the express written permission in advance by Site is strictly prohibited, may be in violation of U.S. and international copyright and trademark laws, and may be subject to criminal and/or civil prosecution.

You also agree not use Site name, trademark, graphic identity or any language, pictures or symbols which could, in Site's sole judgment, state or imply Site's association, connection or affiliation with or endorsement of any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

Assignment or granting of member name, username, userid, Private Mail code, NameGame Code, password or restricted-areas access authority in connection with use of the Site, its services and content may not be construed to convey to User any interest, title, license, share or ownership in Site, its parents or subsidiaries.

4. Links to third-party sites
As a service to User, we include in the Site's content links to other websites that are not owned by nor under the control of and are not maintained by Site. Additionally, information, goods, services and content may be provided by third parties for inclusion on Site. While we continuously monitor such links and included content, including User Data for appropriateness, we are not responsible in any way for the content, products or services provided by third parties, which can change frequently. We provide these links and content to you as a convenience, and the inclusion of any link to a third-party site from within Site does not imply nor constitute an endorsement of or affiliation or association with such third-party sites.

5. Miscellaneous Terms
This Agreement constitutes the entire agreement between User and Site and supersedes any prior arrangements, agreements and/or contracts between User and Site. User may also be subject to additional terms and conditions which may apply when you use (a) services of Site's advertising and business partners and any other affiliates, and (b) third-party content, software or other proprietary information. This Agreement is governed, and construed and enforced in accordance with the laws of Pennsylvania without giving effect to the principles of conflicts of law thereof. Except for Site's claim for injunctive relief in any court having jurisdiction, User and Site agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Philadelphia County, Pennsylvania. User and Site waive any defense of an inconvenient forum and any right of jurisdiction on account of the place of residence or domicile. If any provision under this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Site's failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Site may assign its rights and obligations under this Agreement at any time and without notice to User.

6. Notices
Notices to User may be made via email, instant message, regular mail, telephone and/or other communications protocols or technologies. Site may also provide notices of changes to this Agreement or other matters related to the Site Services by displaying notices or links to notices to Users generally through Sites services.

7. Survivability of Certain Provisions
The termination of this Agreement for any reason will not terminate the obligations or liabilities of the parties under the terms and conditions of this Agreement regarding warranties, liabilities, proprietary rights and all others that by their sense and context are intended to survive the execution, delivery, performance, termination and expiration of this Agreement. All such obligations and liabilities will survive and continue in effect after any such termination.

 

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