Thursday, August 23, 2007

About Yuwie.com

Yuwie.com is a social 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 Yuwie.com ("Yuwie.com" or "we") include the Yuwie.com website (the "Yuwie Website"), the Yuwie.com Internet messaging service, and any other features, content, or applications offered from time to time by Yuwie.com in connection with the Yuwie Website (collectively, the "Yuwie Services"). The Yuwie Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Yuwie Services. By using the Yuwie Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Yuwie Website) or you are a "Member" (which means that you have registered with Yuwie.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Yuwie 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 Yuwie Website and discontinue use of the Yuwie Services immediately. If you wish to become a Member, communicate with other Members and make use of the Yuwie Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Yuwie.com's policy for acceptable use of the Yuwie Services and Content posted on the Yuwie Website, your rights, obligations and restrictions regarding your use of the Yuwie Services and Yuwie.com's Privacy Policy. In order to participate in certain Yuwie 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 Yuwie 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: privacy@Yuwie.com, Subject: Terms of Use Agreement.

Yuwie.com may modify this Agreement from time to time and such modification shall be effective upon posting by Yuwie.com on the Yuwie Website. You agree to be bound to any changes to this Agreement when you use the Yuwie 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 Yuwie.com and that you provide to other Users. Your Yuwie.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Yuwie.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Yuwie.com assumes no responsibility or liability for this material. If you become aware of misuse of the Yuwie Services by any person, please contact Yuwie or click on the "Report Content" link at the bottom of any Yuwie.com page.

Yuwie.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 Yuwie Services at any time, for any or no reason, with or without prior notice, and without liability. If your account is terminated, you acknowledge that all referrals will be lost, and all past, future, and current earnings will be forfeited. Yuwie expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Yuwie Services if Yuwie determines, in its sole discretion, that you pose a threat to Yuwie and/or its Users.

1. Site Usage Eligibility. Use of and Membership in the Yuwie Services is void where prohibited. By using the Yuwie 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 Yuwie 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. Each member is only allowed one account. If we believe that you have created multiple accounts, your membership may be terminated.
2. Payment Eligibility. In order to receive any payment from the Yuwie.com System, the member must meet the following requirements:
1. Have a valid social security number (SSN), taxpayer identification number (TIN), or individual taxpayer identification number (ITIN)
2. be at least 14 years old, and
3. fill out an IRS form W9
OR
4. fill out a non-US activities declaration form
3. Referrals. Yuwie.com will, in good faith, assign new members into the referral tree of the member that invited them. Note that cookies are used to track referrals, and some members are invited by multiple users. In this case, Yuwie.com will try to assign the new member to the first member that invited he/she. Yuwie.com will at no time reassign, or "move" a member to another member's referral tree, regardless of the reason. It is each member's sole responsibility to make sure they are signing up under the correct referrer during the signup process.
4. Page Views. You acknowledge that all page view stats listed on the site are for informational purposes only, and are not guaranteed accurate. Yuwie.com reserves the right to audit, and make changes to these numbers as necessary. No page view stats or earnings are permanent until payment is made. You also acknowledge that not all page views count. Yuwie takes every action possible to prevent cheating, and erroneous elevation of page views. The following types of views are not counted towards paid page views:
1. Refreshing, or reloading a page will not count as a page view.
2. Viewing a page within 5 seconds of the previous page
5. Earnings. You acknowledge that results listed in Yuwie.com's example charts, and videos are not typical, and are in no way guaranteed.
6. Revenue Sharing Rate. The revenue sharing rate is determined each month by the amount of revenue Yuwie.com generated from advertisements. Advertising rates are determined by several factors including but not limited to, the current economy, time of year, and internet traffic. Yuwie.com will always try to get the best possible advertising rates and RSR for its users, but cannot guarantee any minimum rate.
7. Term. This Agreement shall remain in full force and effect while you use the Yuwie 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. Yuwie.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.
8. Fees. Yuwie.com is currently free of charge, but you acknowledge that Yuwie.com reserves the right to charge for the Yuwie Services and to change its fees from time to time in its discretion. If Yuwie.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.
9. 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 Yuwie.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.
10. Non-commercial Use by Members. The Yuwie Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Yuwie.com. Illegal and/or unauthorized use of the Yuwie Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Yuwie Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Yuwie Services.
11. Proprietary Rights in Content on Yuwie.com.
1. Yuwie.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Yuwie Services. After posting your Content to the Yuwie 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. By displaying or publishing ("posting") any Content on or through the Yuwie Services, you hereby grant to Yuwie.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Yuwie Services.

Without this license, Yuwie.com would be unable to provide the Yuwie Services. For example, without the right to modify Member Content, Yuwie.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Yuwie.com could not allow Users to listen to music posted by Members. The license you grant to Yuwie.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Yuwie.com), fully-paid and royalty-free (meaning that Yuwie.com is not required to pay you for the use on the Yuwie Services of the Content that you post), sublicensable (so that Yuwie.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Yuwie Services), and worldwide (because the Internet and the Yuwie Services are global in reach). This license will terminate at the time you remove your Content from the Yuwie Services. The license does not grant Yuwie.com the right to sell your Content, nor does the license grant Yuwie.com the right to distribute your Content outside of the Yuwie Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the Yuwie Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Yuwie Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Yuwie Services.
3. The Yuwie Services contain Content of Yuwie.com ("Yuwie.com Content"). Yuwie.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Yuwie.com owns and retains all rights in the Yuwie.com Content and the Yuwie Services. Yuwie.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Yuwie.com Content (excluding any software code) solely for your personal use in connection with viewing the Yuwie Website and using the Yuwie Services.
4. The Yuwie Services contain Content of Users and other Yuwie.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Yuwie Services.
12. Content Posted.
1. Yuwie.com may delete any Content that in the sole judgment of Yuwie.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Yuwie.com assumes no responsibility for monitoring the Yuwie Services for inappropriate Content or conduct. If at any time Yuwie.com chooses, in its sole discretion, to monitor the Yuwie Services, Yuwie.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.
2. You are solely responsible for the Content that you post on or through any of the Yuwie Services, and any material or information that you transmit to other Members and for your interactions with other Users. Yuwie.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Yuwie.com prior to posting and does not necessarily reflect the opinions or policies of Yuwie.com. Yuwie.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.
13. 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 Yuwie Services. Yuwie.com reserves the right to investigate and take appropriate legal action against anyone who, in Yuwie.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Yuwie Services and terminating the Membership of such violators. If your account is banned or deleted because of policy violations including, but not limited to those listed in these terms, you will forfeit all referrals, all past, present, and future earnings. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Yuwie.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. contains excessive cursing and/or vulgar language, gestures, or printed word;
4. exploits people in a sexual or violent manner;
5. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
6. contains any content that Yuwie deems adult in nature;
7. contains any pornographic images, words, or gestures;
8. solicits personal information from anyone under 18;
9. provides any telephone numbers, street addresses, last names, URLs or email addresses;
10. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
11. 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;
12. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
13. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
14. 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;
15. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
16. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
17. includes a photograph of another person that you have posted without that person's consent; or
18. contains instructions, hints or glitches for use in hacking, cheating, or cracking Yuwie.com

The following is a partial list of the kind of activity that is illegal or prohibited on the Yuwie Website and through your use of the Yuwie Services. Yuwie.com reserves the right to investigate and take appropriate legal action against anyone who, in Yuwie.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
19. spamming referral link through email, message boards, or any other physical or electronic means,
20. attempting to steal other members referrals
21. attempting to artificially inflate page views
22. 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;
23. advertising to, or solicitation of, any Member to buy or sell any products or services through the Yuwie 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 Yuwie 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, Yuwie.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 Yuwie.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 Yuwie Services, you acknowledge that you will have caused substantial harm to Yuwie.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 Yuwie.com $50 for each such unsolicited email or other unsolicited communication you send through the Yuwie Services;
24. covering or obscuring the banner advertisements on your personal profile page, or any Yuwie.com page via HTML/CSS or any other means;
25. any automated use of the system, such as using scripts to add friends or send comments or messages, or automated surfing applications;
26. interfering with, disrupting, or creating an undue burden on the Yuwie Services or the networks or services connected to the Yuwie Services;
27. attempting to impersonate another Member or person;
28. 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;
29. selling or otherwise transferring your profile;
30. using any information obtained from the Yuwie Services in order to harass, abuse, or harm another person;
31. 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 Yuwie 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
32. using the Yuwie Services in a manner inconsistent with any and all applicable laws and regulations.
14. 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 Yuwie.com to terminate Membership privileges (including earnings) of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Yuwie.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 Yuwie Services in a way that constitutes copyright infringement, please provide our Yuwie 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 Yuwie 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. Yuwie.com for notice of claims of copyright infringement can be reached as follows: copyright@Yuwie.com.
15. Member Disputes. You are solely responsible for your interactions with other Yuwie.com Members. Yuwie.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
16. Privacy. Use of the Yuwie Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
17. Disclaimers. Yuwie.com is not responsible for any incorrect or inaccurate Content posted on the Yuwie Website or in connection with the Yuwie Services, whether caused by Users of the Yuwie Services or by any of the equipment or programming associated with or utilized in the Yuwie Services. Profiles created and posted by Members on the Yuwie Website may contain links to other websites. Yuwie.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 Yuwie.com. Inclusion of any linked website on the Yuwie Services does not imply approval or endorsement of the linked website by Yuwie.com. When you access these third-party sites, you do so at your own risk. Yuwie.com takes no responsibility for third party advertisements which are posted on this Yuwie Website or through the Yuwie Services, nor does it take any responsibility for the goods or services provided by its advertisers. Yuwie.com is not responsible for the conduct, whether online or offline, of any User of the Yuwie Services. Yuwie.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. Yuwie.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 Yuwie 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 Yuwie Services. Under no circumstances shall Yuwie.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Yuwie Services, attendance at a Yuwie.com event, from any Content posted on or through the Yuwie Services, or from the conduct of any Users of the Yuwie Services, whether online or offline. The Yuwie Services are provided "AS-IS" and as available and Yuwie.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Yuwie.com cannot guarantee and does not promise any specific results from use of the Yuwie Services.
18. Limitation on Liability. IN NO EVENT SHALL YUWIE.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 YUWIE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YUWIE.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 YUWIE.COM FOR THE YUWIE SERVICES DURING THE TERM OF MEMBERSHIP.
19. U.S. Export Controls. Software available in connection with the Yuwie Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Yuwie Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
20. Disputes. If there is any dispute about or involving the Yuwie Services, you agree that the dispute shall be governed by the laws of the State of Oklahoma, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Oklahoma, City of Norman. Either Yuwie.com or you may demand that any dispute between Yuwie.com and you about or involving the Yuwie Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Norman, Oklahoma, USA, provided that the foregoing shall not prevent Yuwie.com from seeking injunctive relief in a court of competent jurisdiction.
21. Indemnity. You agree to indemnify and hold Yuwie.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 Yuwie 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 the Yuwie Website or through the Yuwie Services causes Yuwie.com to be liable to another.
22. Other. This Agreement is accepted upon your use of the Yuwie Website or any of the Yuwie Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Yuwie.com regarding the use of the Yuwie Services. The failure of Yuwie.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. Yuwie.com is a trademark of Yuwie, 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.

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

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