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1.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF
SERVICE:
The services offered at Sitename.com ("Sitename"),
are provided to you ("User") under
the terms and conditions of this Sitename Terms
of Service ("ETS"), and any operating
rules or policies that may be published
by Sitename at the URL: www.Sitename.com (the
"Service"). The ETS comprises
the entire agreement between User and Sitename
and supersedes all prior agreements between
the parties regarding the subject matter
contained herein. BY COMPLETING THE REGISTRATION
PROCESS, OR USING Sitename, USER AGREES TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS
HEREIN. User may continue to use Sitenmae as
long as User adheres to these Terms of Service.
2. SERVICES VOID WHERE
PROHIBITED:
Use of the Services is void where prohibited.
By using this Site, you represent and warrant
that you have the right, authority, and
capacity to enter into this Agreement and
to abide by all the Terms and Conditions
of this Agreement.
3. REGISTRATION AND MY
INFO PAGE:
REGISTRATION You are required to register
with Sitename if you want to send a Private
Sitename (see Private Sitename below). You will
also need to register with Sitename if you
want to RSVP to a Public Event (see Public
Event below). In order to register with
Sitename you must supply a valid email address,
which will be used as a unique identifier
for your account, and a password.
MY INFO PAGE You are required to set up
a My Info Page with Sitename if you want to
post a Public Sitename (see Public Event below)
or set up an Activity Listing (see Activity
Listing below). In order set up a My Info
Page, you will be required to supply a valid
email address, a password, a user name,
your gender, your zip code and answer a
few questions and/or supply a current photograph
of yourself (see Photo Guidelines below).
You may also answer certain optional questions,
which will help other users know a little
more about your interests. You may choose
to allow only other Guests and Hosts of
Private Events to which you were invited
to view your My Info Page or you may choose
to make your My Info Page available to the
Sitename community of users to view.
INBOX When you set up a My Info Page, you
will be given a private and anonymous inbox
to receive email messages from other Users
who may want to contact you, without you
having to disclose your actual email address
or other information. The Inbox also assures
other Users that they may send and receive
messages, without disclosing any personal
information or email addresses to you. The
Inbox contains features that allow you to
block other users from contacting you if
you choose.
PHOTO GUIDELINES When you set up a My Info
Page, you will have the opportunity of posting
a current photograph of yourself. The photograph
should be of you and should be current.
We will accept photographs which show yourself
plus another adult person (spouse, family
member, etc.) and/or your children. Your
face should be clearly visible in the photo.
We will also accept a graphic containing
a logo, provided that you are the copyright
owner. Photographs may not contain images
of children alone, cartoons, comics, celebrities,
nudity, artwork, obscene or otherwise inappropriate
images (as determined in Sitename’s sole
discretion). Photographs containing only
animals are not appropriate, but Users may
supply photographs of themselves together
with pets. For security and privacy reasons,
Users should not upload any photographs
that contain contact information such as
names, phone numbers, email addresses, or
web site URLs. All photographs on Sitename
are subject to review and, if deemed by
Sitename to violate this ETS, to removal. Offensive
content is not permitted in any form. By
posting a photograph you warrant and represent
that you own all right, title and interest
to that photograph and to all images and
likenesses contained in that photograph
and you authorize Sitename to distribute that
photograph as part of the Sitename Service.
If you see any photographs on Sitename that
do not conform to this policy, please notify
us by emailing us at abuse@Sitename.com.
4. DESCRIPTION OF
SERVICE:
Sitename provides Users with a variety of
online services, including but not limited
to:
Private Sitenames A Private Sitename is a social
gathering or get-together hosted and attended
by a group of people in the same social
network (friends, family and/ or associates).
A Private Sitename is exclusive to those invited
by the event Host or, if the Host allows,
the Guests of that event. If you want to
send a Private Sitename, you must be registered
with Sitename (see Registration above). In
addition, if you have a My Info Page (see
above) your My Info Page information will
be viewable to all Guests.
Public Events A Public Event is a social
gathering or get-together that is open to
all members of the Sitename community of Users.
A Public Event is searchable through Sitename’s
Public Events Directory. Examples of Public
Events may include: Art exhibits, music
festivals, happy-hours, poetry readings,
grand openings of restaurants and clubs,
etc. You must create a My Info Page in order
to post a Public Event. If you wish to respond
to Public Events, you must first register
with Sitename. However, you may choose to respond
to a Public Event anonymously. If you respond
anonymously, your contact information, user
name and comments will be seen only by the
Host. You do not have to create a My Info
page in order to RSVP to a Public Event.
Activity Listings An Activity Listing is
a posting by a User seeking a get-together
for the purpose of sharing a common interest,
hobby, or activity with others. Activity
Listings are searchable through Sitename’s
Activities Directory. Examples of Activities
may include: Workout buddies, book clubs,
seminars, pick up soccer leagues, etc. You
must create a My Info Page to post an Activity
Listing so that people can contact you through
your Inbox (see above). You must be registered
to respond to an Activity Listing.
Recommendations Recommendations are Public
Events and Activity Listings listed in your
personal My Info Page by Sitename based on
user information you have supplied to us,
such as zip code, interests and keyword
searches you have conducted.
Other Features - You may also create event
photo albums and conduct various other tasks
through the Service. In order use any feature
of the Service not described above, you
may be required to create a My Info Page
(see above).
5. EVENT DISCLAIMERS AND LIMITATION OF LIABILITY:
YOUR PARTICIPATION IN ANY PUBLIC EVENT,
PRIVATE EVENT OR ACTIVITY LISTING IS AT
YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF
ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE
AN ADMISSION FEE, OR ASK YOU TO LEAVE AN
EVENT AT ANY TIME FOR ANY REASON. BY USING
Sitename YOU AGREE AND UNDERSTAND THAT IN CONNECTION
WITH YOUR PARTICIPATION IN ANY EVENT OR
ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY
OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN,
WHICH MAY OR MAY NOT BE INHERENT IN THOSE
ACTIVITIES AND EVENTS. THESE INHERENT RISKS
INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS
OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE,
AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE
TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS
AND ACTIVITIES AND Sitename HAS NOT TRIED TO
CONTRADICT OR MINIMIZE YOUR UNDERSTANDING
OF THESE RISKS. BY USING Sitename, YOU AGREE
AND UNDERSTAND THAT INJURIES AND DAMAGES
CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS
OF OTHER PERSONS OR THIRD PARITIES, EITHER
AS A RESULT OF NEGLIGENCE OR BECAUSE OF
OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE
FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH
ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY
HEREIN, TO THE FULLEST EXTENT ALLOWED BY
LAW, YOU AGREE TO WAIVE, DISCHARGE CLAIMS
, RELEASE Sitename FROM ALL LIABILITY AND INDEMNIFY
AND HOLD HARMLESS Sitename, ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, AGENTS, AND OTHER
PARTNERS AND EMPLOYEES, FROM ANY AND ALL
LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING
FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED
WITH ANY EVENTS OR ACTIVITIES. YOU AGREE
AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION
OF RISK AND RELEASE BE BINDING UPON YOU
AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS
AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING
USER AT THE EVENTS.
6. CONTENT:
Your are solely responsible for any data,
text, software, music sound, photographs,
graphics, video, messages, files or other
materials ("Content") which is
transmitted, posted, or distributed by you
through the Service, including but not limited
to the contents of your e-mail communications,
information, photos or images posted to
you’re my Info Page and information,
photos, images, sound files or other Content
posted by you in a Public Sitename, Private
Event or Activity Listing. All Content posted
by you, is your sole responsibility. Sitename
does not control the Content posted by users
such as yourself via the Service and, as
such, does not guarantee the accuracy, integrity
or quality of such Content. By using the
Sitename Service you understand and agree that
you may be exposed to Content posted by
other users that may be offensive, indecent
or objectionable. Under no circumstances
will Sitename be liable in any way for any
Content posted by any user or third party,
including, but not limited to, liability
for any errors or omissions in any Content
or for any loss or damage of any kind incurred
as a result of the use of any Content posted,
e-mailed or otherwise transmitted via the
Service. Subject to the terms of Sitename's
Privacy Policy, you agree if you post any
Content on the Sitename Service, you grant
to Sitename, and its successors and assigns,
a non-exclusive, worldwide, royalty free,
perpetual, non-revocable license, in and
to the Content, to distribute, display,
modify, redistribute, sublicense and reproduce
such Content to other users of the Service
and to third parties with whom Sitename has
a relationship. You also grant Sitename the
right to authorize the downloading and printing
in whole or in part of any Content that
you post to the Sitename Service.
7. COPYRIGHT POLICY/INFRINGING
MATERIAL. You may not post, distribute,
or reproduce in any way any copyrighted
material, trademarks, or other proprietary
information owned or controlled by someone
else without obtaining the prior written
consent of the owner of such proprietary
rights. Without limiting the foregoing,
if you believe that your work has been copied
and posted on the Sitename Service without
your permission or in any way that constitutes
copyright infringement, please provide Sitename
with the following information: a description
of the copyrighted work that you claim has
been infringed; a description of where the
material you claim is infringing is located
on the Sitename Service; your address, telephone
number, and email address; and a written
statement by you stating that you have a
good faith belief that the disputed use
is not authorized by you, your agent, or
the law; and a statement by you, made under
penalty of perjury, that you own the claimed
infringing material together with any evidence
of such ownership. Please contact Sitename
at the following address: General Counsel,
Sitename.com 3731 Wilshire Blvd., Suite 300,
Los Angeles, California 90010.
8. NO "SPAMMING":
You must not use any feature of the Sitename
Service for chain letters, junk mail, or
"Spamming" nor make any use of
the distribution lists in a manner involving
any person who has not given specific permission
to be included in such a process. An e-mail
advertisement which is (a) addressed to
a recipient with whom you do not have an
existing business or personal relationship
and (b) is not sent at the request of or
with the express consent of the recipient
to receive such communications from you
("Spam" or "Spamming")
is strictly prohibited by Sitename. If you
use any feature of the Sitename Service for
the purpose of sending Spam, Sitename reserves
the right to immediately terminate your
access to the Sitename Service and to seek
appropriate legal recourse as necessary.
If you believes that other users are using
the Sitename Service for Spam, please notify
Sitename using the Customer Support Form, by
flagging any posting that appears to be
Spam for Sitename’s review, or by emailing
Sitename at abuse@Sitename.com PLEASE NOTE that
by posting a Public Event or Activity Listing,
you are consenting to receive, and authorizing
Sitename to forward to you, emails from other
users and these messages are not included
in the above definition of Spam.
9. NOTICES: Sitename
may give notice to you by e-mail, a posting
on the Sitename web site, or other reasonable
means. You must give notice to Sitename in
writing via e-mail or as otherwise expressly
provided by Sitename. Sitename may broadcast,
distribute or display notices or messages
through the Sitename Service to inform you
of changes to the ETS, the Service, the
Privacy Policy or other matters of importance.
Such broadcast, distributions or displays
of information shall constitute notice to
you.
10. PRIVACY POLICY:
It is Sitename's policy to respect the privacy
of its users. Sitename’s policies with
regard to what personally identifiable information
it collects from you, what information third
parties collect from you and how that information
is used is governed by the Sitename Privacy
Policy, which you can access here: Privacy
Policy
11. SECURITY: You
are solely responsible for maintaining the
confidentiality of your password and account.
You are also solely responsible for any
and all activities that occur under your
account. You may change your password, or
any other account information, at any time
by following instructions available on you’re
My Info Page or on you’re My Sitename
Page. You may also set up a new account
at your convenience. You agree to notify
Sitename immediately of any unauthorized use
of your account or any other breach of security
known to you. You must promptly inform Sitename
of actual or apparent breaches of security,
such as loss, theft, or an authorized disclosure
or use of a User Account or password. Until
Sitename is notified by email of a breach in
security, you will remain liable for any
unauthorized use of the Sitename Service through
your account. In consideration for using
the Sitename Service, you agrees to: (1) provide
certain current, complete, and accurate
information about you when prompted to do
so by the Service, and (2) maintain and
update this information as required to keep
it current, complete and accurate. If any
information provided by you during your
original registration or My Info Page sign-up
is inaccurate, Sitename reserves the right
to terminate your account immediately and
your right to use the Sitename Service.
12. NO RESALE OR
COMMERCIAL USE, ABUSE OF THE SERVICE:
Your right to use the Sitename Service is personal
to you. You agree not to resell or make
any commercial use of the Sitename Service
without the express consent of Sitename. You
may not create bots or other computer generated
automatic tools to create events, nor abuse
the Sitename Service in any manner. Use that
constitutes abuse shall be determined by
Sitename in its sole discretion. Sitename reserves
the right to terminate your account if Sitename
determines you have not complied with this
ETS.
13. USER CONDUCT:
Sitename reserves the right, but does
not assume the responsibility, to monitor
or review your conduct on the Sitename Service.
Your use of the Sitename Service is subject
to all applicable local, state, national
and international laws and regulations.
In using the Sitename Service you agree not
to:
*Use the Sitename Service for illegal purposes;
*Interfere or disrupt networks connected
to the Sitename Service;
*Use the Sitename Service in connection with
chain letters, junk mail, surveys, contests,
pyramid schemes, or use any distribution
lists including any person who has not given
specific permission to be included in such
a process (commercial or otherwise);
*Harvest or otherwise collect information
about other users, including e-mail addresses,
without their consent;
*Transmit through the Sitename Service any
unlawful, harassing, defamatory, abusive,
threatening, harmful, vulgar, obscene, sexually
explicit, or otherwise objectionable material
of any kind or nature;
*Invade another's privacy or violate rights
of publicity or intellectual property rights
(including but not limited to copyright,
trademark and patent rights) while using
the Sitename Service;
*Transmit through the Sitename Service any
material that encourages conduct that could
constitute a criminal offense, give rise
to civil liability or otherwise violate
any applicable local, state, national or
international law or regulation;
*Interfere with another User's use and
enjoyment of the Sitename Service;
*Defame, abuse, harass, stalk, threaten
or violate the legal rights (such as rights
of privacy and publicity) of any other user;
*Create a false identity for the purpose
of misleading others as to your identity
or the origin of a message;
*Use, download or otherwise copy, or provide
(whether or not for a fee) to a person or
entity that is not a user of the Sitename Service
any directory of Sitename's users or usage
information or any portion thereof other
than in the context of your use of the Service
as permitted under this ETS;
*Transmit or upload any material that contains
viruses, trojan horses, worms, time bombs,
cancelbots, or any other harmful or deleterious
programs;
*Interfere with or disrupt networks connected
to the Service or violate the regulations,
policies or procedures of such networks;
*Attempt to gain unauthorized access to
the Service, other accounts, computer systems
or networks connected to the Service, through
password mining or any other means; or
*Engage in any other conduct which, in
Sitename's sole discretion, is considered inappropriate,
unauthorized or objectionable.
14. INDEMNIFICATION:
You agree to indemnify and hold Sitename, its
parent, subsidiary, affiliate, officers,
employees agents, directors, successors
and assigns harmless from any claim or demand,
including reasonable attorneys' fees, made
by any third party due to or arising out
of your use of the Sitename Service, the violation
of this ETS by you, the infringement by
you (or other user of the Service using
your account) of any intellectual property
or other right of any person or entity or
violation of any federal, state or local
law or regulation.
15. TERMINATION:
You may terminate your participation in
the Sitename Service with or without cause
at any time and effective immediately. Sitename
may terminate the Sitename Service or your
use of the Service with or without cause
at any time and effective immediately, at
Sitename's sole discretion, including but not
limited to immediate termination of your
use of the Sitename Service should your conduct
fail to conform with the terms and conditions
of this ETS. Sitename shall not be liable to
your or any third party for termination
of the Sitename Service or termination of your
use of the Sitename Service. Should you object
to any terms and conditions of the ETS or
any subsequent modifications Sitename makes
to the ETS or become dissatisfied with the
Sitename Service in any way, your only recourse
is to immediately: (1) discontinue use of
the Sitename Service; and (2) notify Sitename
of your termination and, at your discretion,
notify Sitename of the reasons for your termination.
Upon termination of your use of the Sitename
Service, your right to use the Sitename Service
shall cease immediately. You shall have
no right and Sitename will have no obligation
thereafter to forward any unread or unsent
messages to your or any third party on your
behalf. Sections 2, 5, 6, 7, 10, 11, 14,
15, 16, 19, 20 and 21 shall survive termination
of the ETS.
16. TRANSACTIONS
WITH ORGANIZATIONS OR INDIVIDUALS.
Sitename shall not be liable for your interactions
with any organizations and/or individuals
found on or through the Sitename Service. This
includes, but is not limited to, payment
and delivery of goods and services, and
any other terms, conditions, warranties
or representations associated with such
dealings. These dealings are solely between
you and such organizations and/or individuals.
Sitename is under no obligation to become involved
in disputes between participants on the
Sitename Service, or between participants on
the Sitename Service and any third party.
17. LINKS TO THIRD
PARTY SITES. Any web sites that are
accessible via links included within the
Sitename Service that take you out of the Sitename
Service are not under Sitename’s control
and Sitename shall not be responsible for the
content, products or services of any linked
website. All such websites shall be subject
to the policies and procedures of the owner
of such website. We encourage you to read
those policies and know you rights under
any web site you visit.
18. VIOLATION OF
TERMS BY OTHER USERS: Sitename asks
that you participate in ensuring that all
Users follow the terms of this ETS by reporting
any Private Sitenames, Public Events, Activity
Listings or other postings or messages that
violate these terms. To report a violation
of this ETS, please: Terms by, or by
(a) flagging them for review by Sitename;
or
(b) email us at abuse@Sitename.com
19. DISCLAIMER
OF WARRANTIES: YOU EXPRESSLY AGREES
THAT YOUR USE OF THE Sitename SERVICE IS AT
YOUR SOLE RISK. THE Sitename SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Sitename EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Sitename MAKES NO WARRANTY THAT ITS SERVICE
WILL MEET YOUR REQUIREMENTS, OR THAT ITS
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE. Sitename MAKE NO WARRANTY AS
TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SERVICE OR THAT DEFECTS IN THE
SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE
THAT Sitename DOES NOT CONTROL CONTENT, INFORMATION,
PRODUCTS OR SERVICES OFFERED BY ADVERTISERS,
THIRD PARTIES OR OTHER USERS ON OR THROUGH
THE SERVICE, INCLUDING BUT NOT LIMITED TO
INFORMATION, PRODUCTS, OR SERVICES PROVIDED
BY LICENSE TO Sitename FROM THIRD PARTIES OR
CONTENT PROVIDED BY OTHER USERS. Sitename ASSUMES
NO RESPONSIBILITY FOR AND MAKES NO WARRANTY
OR REPRESENTATION AS TO THE ACCURACY, CURRENCY,
COMPLETENESS, RELIABILITY, USEFULNESS OR
DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED
OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING
BUT NOT LIMITED TO ADVERTISERS AND USERS)
THROUGH THE Sitename SERVICE. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM
YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM
THE Sitename SERVICE. Sitename MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH ITS SERVICE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM Sitename OR THROUGH THE
Sitename SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES,
SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
20. LIMITATION
OF LIABILITY: Sitename SHALL NOT BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLES, EVEN IF
Sitename HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, RESULTING FROM THE (I)
USE OR THE INABILITY TO USE THE SERVICE;
(II) FOR COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES; (III) RESULTING FROM
ANY GOODS OR SERVICES PURCHASED OR OBTAINED
OR CONTENT RECEIVED OR TRANSACTIONS ENTERED
INTO WITH Sitename OR A THIRD PARTY THROUGH
THE USE OF THE Sitename SERVICE; (IV) OR RESULTING
FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT
OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU
SPECIFICALLY AGREES THAT Sitename IS NOT RESPONSIBLE
OR LIABLE TO YOU OR ANYONE ELSE FOR ANY
UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE,
THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY
EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT
OR SPEECH OF ANY OTHER PARTY ON OR THROUGH
THE Sitename SERVICE, OR FOR ANY INFRINGEMENT
OR VIOLATION OF YOUR RIGHTS BY ANY OTHER
PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL
PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR
RIGHTS OF PRIVACY. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO USER.
21. GENERAL PROVISIONS:
This ETS shall be governed by and construed
in accordance with the laws of the state
of California, excluding its conflict of
law provisions. You agree to submit to the
exclusive jurisdiction of the courts of
the State of California, provided, however,
that Sitename, in its sole discretion, may
elect to settle any litigation in any way
arising out of or relating to this ETS through
binding arbitration in accordance with the
commercial arbitration rules of the American
Arbitration Association. Any such arbitration
shall be conducted in Los Angeles, California,
and judgment on the arbitration award may
be entered into in any court having jurisdiction
thereof. If any provision(s) of the ETS
is held by a court of competent jurisdiction
to be contrary to law, then such provision(s)
shall be construed, as nearly as possible,
to reflect the intentions of the parties
with the other provisions remaining in full
force and effect. Sitename's failure to exercise
or enforce any right or provision of this
ETS shall not constitute a waiver of such
right or provision unless acknowledged and
agreed to by Sitename in writing. User and
Sitename agree that any lawsuit arising out
of or related to this Service must commence
within one (1) year after the cause of action
arose; otherwise, such cause of action is
permanently barred. The section titles in
this ETS are solely used for the convenience
of the parties and have no legal or contractual
significance.
22. MODIFICATIONS
TO THE SERVICE AND TO TERMS OF SERVICE:
Sitename may modify or discontinue the Sitename
Service with or without notice to you. Sitename
shall not be liable to you if Sitename modifies
or discontinues its Service. Sitename may change
the terms and conditions of the ETS at any
time in its sole discretion. In the event
of any material or substantial change in
the terms and conditions of this ETS, Sitename
may notify you via e-mail, and/or by posting
an announcement of the changes together
with a link to the new ETS on the Sitename
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