Terms of Service

Last revision: April 27, 2005.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING THE BUDDY4U.COM WEB SITE ("BUDDY4U"), YOU AGREE TO THE TERMS CONTAINED IN THIS LEGAL STATEMENT ("THE TERMS"). THE PARTIES CONFIRM THAT THIS AGREEMENT AND ALL RELATED DOCUMENTATION ARE AND WILL BE DRAFTED IN ENGLISH.

Use of Buddy4u constitutes full acceptance of and agreement to the Terms; if a user does not accept Buddy4u's Terms, he or she is not granted rights to use Buddy4u as defined herein, and should refrain from accessing Buddy4u.

The Buddy4u service is offered "as is," free, and without warranty.

In order for us to comply with the COPPA we do not allow minors under the age of thirteen to create an account using this service.

You understand that all information, data, text, graphics, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not the designers and maintainers of Buddy4u.com, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via this service. Buddy4u does not control the user content posted via this service and, as such, does not guarantee the accuracy, integrity or quality of such user content. You understand that by using this service, you may be exposed to user content that is offensive, indecent or objectionable. Under no circumstances will Buddy4u be liable in any way for any user content, including, but not limited to, for any errors or omissions in any user content, or for any loss or damage of any kind incurred as a result of the use of any user content posted, emailed, transmitted or otherwise made available via this service.

You agree to not use this service to: transmit or otherwise make available any content that is unlawful, harmful, abusive, threatening, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; impersonate any person or entity, including, but not limited to, a Buddy4u employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this service; transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or collect or store personal data about other users.

You acknowledge that Buddy4u does not pre-screen user content, but that Buddy4u shall have the right (but not the obligation) in their sole discretion to refuse or move any user content that is available via this service. Without limiting the foregoing, Buddy4u shall have the right to remove any user content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any user content, including any reliance on the accuracy, completeness, or usefulness of such user content. In this regard, you acknowledge that you may not rely on any user content created by Buddy4u or submitted to Buddy4u.

You acknowledge and agree that this website may preserve any user supplied content and may also disclose said content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any user content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Buddy4u, its users and the public.

Any attempt to violate system integrity by breaking system security, or any attempt to alter or destroy data belonging to another user will cause revocation of the offending account. You will receive a password and account designation upon completing this service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

You agree that Buddy4u, in its sole discretion, may terminate your password, account (or any part thereof) or use of this service, and remove and discard any content within this service, for any reason, including, without limitation, for lack of use or if Buddy4u believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Buddy4u may also in its sole discretion and at any time discontinue providing this service, or any part thereof, with or without notice. You agree that any termination of your access to this service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Buddy4u may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this service. Further, you agree that Buddy4u shall not be liable to you or any third-party for any termination of your access to this service.

COPYRIGHT POLICY

Buddy4u respects the intellectual property rights of others, and requires that the people who use the Buddy4u to do the same. It is our policy to respond promptly to claims of intellectual property misuse.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

(a) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
(b) identification of the copyrighted work that you claim has been infringed;
(c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Buddy4u to locate the material, including the full URL.
(d) your name, address, telephone number, and email address.
(e) a 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;
(f) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If Buddy4u receives such a claim, Buddy4u reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.

Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act OF 1998 ("DMCA") is:

DMCA Claims, Buddy4u.com
442 Zuni Drive.
Del Mar, CA 92014
 
or Contact Us

After receiving a claim of infringement, Buddy4u will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Buddy4u will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

You may provide us with a counter notification by providing our copyright agent the following information in writing:

(a) your physical or electronic signature;
(b) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;
(c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Buddy4u may be found and that you will accept service of process from the person who provided the initial notification of infringement.

Upon receipt of a proper counter notification under the DMCA, Buddy4u will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, Buddy4u will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless Buddy4u's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Buddy4u website.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUDDY4U.COM 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.
b. BUDDY4U.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUDDY4U.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUDDY4U.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BUDDY4U.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

We reserve the right to change the terms of service at any time.

ACKNOWLEDGEMENT

You acknowledge that you have read and understand these Terms and that these Terms have the same force and effect as a signed agreement. You should print a copy of these Terms and keep it with your records.

Buddy4u is not associated in any form with AOL/Time Warner. AIM and AOL are registered trademarks of American Online, Inc.

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