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Terms of Use

By registering and becoming a member of the friendshack.com web site, you are agreeing to be bound by the following terms and conditions (“Terms of Use”).

General Conditions

We reserve the right to modify or terminate the friendshack.com service for any reason, without notice at any time.
We reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, we will notify you via friend SHACK's internal messaging service or via internet email (at the address you provided when registering your membership). What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgement.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Use.
The friend SHACK service makes it possible to post images hosted on friendshack.com to outside websites. In this case, pages on other websites which display images hosted on friendshack.com must provide a link back to friendshack.com from each photo to the friend SHACK website.

The Friend SHACK obligation to You

Treat your personal information in a responsible manner. See Security and Member Privacy.
Supply the Service using operating procedures designed to ensure the Service's security and System availability.
Answer any queries you have regarding the Terms of Use, Service and the operation of your membership account.

Your obligation to friend SHACK

You will accept liability for some events which may occur. See Indemnification.
You will read, acquaint yourself fully and comply with all aspects of the Terms of Use. If there are any aspects which you do not fully understand you will seek clarification from us.
You are aged 13 or over. Or your parent or guardian gives consent to use the service.
You will at all times use the Service in good faith and in a responsible manner.
You will not allow anyone other than yourself and friend SHACK to access your account.
You will use the Service solely for your own benefit and shall not sell, lease, assign, lend, hire or gift any part of the Service in whole or in part to any other person without friend SHACK's prior written approval.
You will use the Service only for lawful purposes and in a manner which does not infringe the rights of or restrict or inhibit the use of the Service by any Member and/or friend SHACK.
Comply with all terms of Members Conduct and Member Account Registration of the Terms of Use.

Security and Member Privacy

You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all Member accessible activities that occur under your account. You agree to notify friend SHACK immediately on becoming aware of any unauthorized use of your password or account or any other breach of security.

Friend SHACK has put in place security measures to protect against the loss, misuse and alteration of the information collected. Our web servers are locked in cages in a highly secure internet data centre. A 'firewall' (an internet security device) sits between the friend SHACK website and the internet to help prevent any unauthorized user from accessing any data.

You agree that friend SHACK and its authorised employees can access your account, including its contents as stated above, or to respond to support queries or technical issues or to fulfil the obligations under this Agreement. To learn more about how the Service deals with privacy then please see the the Privacy Policy (which can be found on the home page).

Friend SHACK understands and respects your rights of privacy. It is because of this philosophy that subject to the exclusions below, your personal details provided to friend SHACK will not be sold or otherwise distributed to third parties.

Friend SHACK reserves the right at all times to monitor, review, retain, and/or disclose in good faith any information it believes in good faith that such action or disclosure is necessary to conform to legal and government requirements, or to protect and defend the rights or property of friend SHACK or enforce the Terms of Use.

Friend SHACK reserves the right to collect and distribute non-personal demographic information to third parties. As such this information would not contain any information that would allow your identity to be deduced.

Member Registration

To register as a friend SHACK Member, you agree to:

Provide us with current, complete and accurate information about yourself (the registration data);
Maintain and promptly update the registration data to keep it current, complete and accurate at all times;
To represent only yourself on the Service, and no other persons, living, dead, or imagined.
If you provide any information that is not current, or is incomplete or inaccurate, or friend SHACK has reasonable grounds to believe that such information is not current, or is incomplete or inaccurate, friend SHACK has the right to suspend or terminate your membership, and refuse any and all current or future use of the Service.

Under no circumstances does friend SHACK have any obligations under the Agreement to check the accuracy or truthfulness of the registration data of any Member.

Membership Conduct

As a condition of your use of the Service, you guarantee to friend SHACK that you will not use the Service for any purpose that is unlawful and / or prohibited by these terms, conditions, and notices.

You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:

Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
Create a false or misleading identity of, including, but not limited to, a friend SHACK employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
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.
Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right ('Rights') of any party or infringes any intellectual property law or any other applicable law.
Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Interfere with another member's use and enjoyment of the Service.
Without prejudice to the Security and Member Privacy of the Terms of Use, friend SHACK has no obligation to monitor the Service or any member's use thereof.

Property Rights

You acknowledge and agree that the friend SHACK content including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) design presented through and as part of the Service by friend SHACK is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws.

Such content received through the Service may be displayed, reformatted, and printed by you for your personal, non-commercial use only and at all times used solely in connection with the Service in accordance with the Terms of Use.

Certain names, logos, and other materials displayed on the friend SHACK web site constitute trademarks, copyright and other intellectual property collectively referred to as 'IP rights' of friendshack.com. Ownership of such IP rights remains with friend SHACK. You are authorised to use such IP rights during the process of promoting and using the friend SHACK service.

Disclaimer of Warrenties

You understand and agree that:

Your use of the Service is at your sole risk.
The Service is provided on an 'as is' and 'as available' basis and the warranties on the part of friend SHACK contained in this Terms of Use are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of friend SHACK, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law.
The information and content included in or available through the Service may include inaccuracies or typographical errors.
Changes are periodically added to the information contained with the Service and friend SHACK and/or its respective suppliers may make improvements and/or changes in the Service at any time.
No advice or information, whether oral or written, obtained by you from friend SHACK or through the Service shall create any warranty not expressly stated in the Terms of Use.

Except as otherwise expressly provided in the Terms of Use, friend SHACK does NOT represent or warrant that:

The Service will meet your requirements.
The Service will be uninterrupted or error-free, timely or secure.
Defects or errors will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components.
The use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
The content of the Service input by other members is correct or accurate.

Limitation of Liability

YOU AGREE THAT friend SHACK SHALL NOT BE RESPONSIBLE OR LIABLE FOR:
1. PROVIDED THAT friend SHACK HAS FULFILLED ITS SECURITY OBLIGATIONS, UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
2. ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT, SAVE THAT friend SHACK SHALL BE ENTITLED TO REMOVE IT IN ALL PRACTICABLE SPEED AFTER friend SHACK HAS BEEN NOTIFIED IN WRITING OF ITS PRESENCE ON THE SITE.
3. CONDUCT OF ANY OTHER MEMBER OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
4. ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
  - DAMAGES FOR LOSS OF USE;
  - DATA GOODWILL;
  - PROFITS, OR OTHER INTANGIBLE LOSSES;
5. ARISING OUT OF OR IN ANY WAY CONNECTED WITH:
  - USE OR PERFORMANCE OF THE SERVICE OR RELATED WEBSITES;
  - DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEBSITES;
  - PROVISION OF OR FAILURE TO PROVIDE SERVICES, INFORMATION OR SOFTWARE;
  - SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE;
  - ERROR;
  - OMISSION;
  - INACCURACY;
  - INTERRUPTION;
  - DELETION;
  - DEFECT;
  - DELAY IN OPERATION OR TRANSMISSION;
  - COMPUTER VIRUS;
  - COMMUNICATION LINE FAILURE;
  - THEFT;
  - DESTRUCTION OR UNAUTHORIZED ACCESS;
  - ALTERATION;
6. WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE - EVEN IF friend SHACK OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE.
AT ALL TIMES AND IN ANY EVENT THE TOTAL LIABILITY OF friend SHACK TO ITS MEMBERS SHALL BE LIMITED TO THE TOTAL ANNUAL MEMBERSHIP FEE PAID BY THE INDIVIDUAL MEMBER TO friend SHACK.

Indemnification

You agree to indemnify, defend and hold harmless friend SHACK, its parents, subsidiaries, affiliates, officers and employees from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

Modification and Termination of Service

You agree that friend SHACK, in its sole discretion, may terminate your password, account or use of the Service, and remove and discard any content within the Service, for any reason, including without limitation, if friend SHACK believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use.

Friend SHACK may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of the Terms of Use may be effected without notice, and acknowledge and agree that friend SHACK 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 the Service UNLESS agreed in writing with friend SHACK. Nevertheless, where possible, friend SHACK will use reasonable endeavours to give Members fair notice of termination or suspension of their access to the Service.

Further you agree that friend SHACK shall not be liable to you or any third party for any termination or suspension of access to the Service or modification of the Service.

Modifications to the Terms of Use

Friend SHACK reserves the right to change the Terms of Use or policies regarding the use of the Service at any time. In this event you might be sent an email detailing the changes. Upon your next logon to the Service you will be asked to indicate your acceptance of the new Terms of Use, acceptance of which is required to allow your continued use of the Service.

Friend SHACK reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that friend SHACK shall not be liable to you or any third party for any modification to or discontinuance of the Service.

Terms of Use Violations

Please report any violations of the Terms of Use to Customer Support via Contact Us

Entire Agreement

These Terms of Use constitute the entire agreement between friend SHACK and the Member and supersede any previous agreement or understanding between friend SHACK and the Member.

Governing Law

These Terms of Use shall be governed in all respects by Canadian Law and the parties submit to the exclusive jurisdiction of the Canadian Courts.

Last updated: 2005-12-09 14:55 EST

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friend SHACK mobile is the WAP 2.0 enabled version of the popular penpal, epal, keypal, chat friend finding site friendshack.com