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Terms of Service
  1. ACCEPTANCE OF TERMS

JEREMY HATTULA DBA FINDITINTHEUP.COM ("FINDITINTHEUP.COM") welcomes you. FINDITINTHEUP.COM provides the Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.finditintheup.com/INFO/tos.cfm. By accessing and using the FINDITINTHEUP.COM Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular FINDITINTHEUP.COM owned or operated services, you and FINDITINTHEUP.COM shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. FINDITINTHEUP.COM may also offer other services that are governed by different Terms of Service.

  1. DESCRIPTION OF FINDITINTHEUP.COM SERVICES

FINDITINTHEUP.COM provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "FINDITINTHEUP.COM Services"). You also understand and agree that the FINDITINTHEUP.COM Services may include advertisements and that these advertisements are necessary for FINDITINTHEUP.COM to provide the FINDITINTHEUP.COM Services. You also understand and agree that the FINDITINTHEUP.COM Services may include certain communications from FINDITINTHEUP.COM, such as service announcements, administrative messages and the FINDITINTHEUP.COM Newsletter, and that these communications are considered part of FINDITINTHEUP.COM membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current FINDITINTHEUP.COM Services, including the release of new FINDITINTHEUP.COM properties, shall be subject to the TOS. You understand and agree that the FINDITINTHEUP.COM Services is provided "AS-IS" and that FINDITINTHEUP.COM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the FINDITINTHEUP.COM Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the FINDITINTHEUP.COM Services.

You understand that the technical processing and transmission of the FINDITINTHEUP.COM Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  1. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the FINDITINTHEUP.COM Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the FINDITINTHEUP.COM Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the FINDITINTHEUP.COM Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FINDITINTHEUP.COM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FINDITINTHEUP.COM has the right to suspend or terminate your account and refuse any and all current or future use of the FINDITINTHEUP.COM Services (or any portion thereof). FINDITINTHEUP.COM is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the FINDITINTHEUP.COM Services must create a FINDITINTHEUP.COM Family Account. When you create a FINDITINTHEUP.COM Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the FINDITINTHEUP.COM Family Account. By adding a child to your FINDITINTHEUP.COM Family Account, you also give your child permission to access many areas of the FINDITINTHEUP.COM Services, including, email, message boards and instant messaging (among others). Please remember that the FINDITINTHEUP.COM Services is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the FINDITINTHEUP.COM Services areas and/or Content (as defined in Section 6 below) are appropriate for your child.

  1. FINDITINTHEUP.COM PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full FINDITINTHEUP.COM Privacy Policy at http://www.finditintheup.com/INFO/privacy.cfm. You understand that through your use of the FINDITINTHEUP.COM Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by FINDITINTHEUP.COM and its affiliates.

  1. MEMBER ACCOUNT, PASSWORD AND SECURITY

    You will receive a password and account designation upon completing the FINDITINTHEUP.COM 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 to (a) immediately notify FINDITINTHEUP.COM of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FINDITINTHEUP.COM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

  2. MEMBER CONDUCT

    You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not FINDITINTHEUP.COM, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the FINDITINTHEUP.COM Services. FINDITINTHEUP.COM does not control the Content posted via the FINDITINTHEUP.COM Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the FINDITINTHEUP.COM Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will FINDITINTHEUP.COM be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the FINDITINTHEUP.COM Services.

    You agree to not use the FINDITINTHEUP.COM Services to:

    1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    2. harm minors in any way;

    3. impersonate any person or entity, including, but not limited to, a FINDITINTHEUP.COM official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the FINDITINTHEUP.COM Service;

    5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

    7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.

    8. upload, post, email, 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;

    9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the FINDITINTHEUP.COM Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

    10. interfere with or disrupt the FINDITINTHEUP.COM Services or servers or networks connected to the FINDITINTHEUP.COM Services, or disobey any requirements, procedures, policies or regulations of networks connected to the FINDITINTHEUP.COM Services, including using any device, software or routine to bypass our robot exclusion headers;

    11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

    12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

    13. "stalk" or otherwise harass another; and/or

    14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

    You acknowledge that FINDITINTHEUP.COM may or may not pre-screen Content, but that FINDITINTHEUP.COM and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the FINDITINTHEUP.COM Services. Without limiting the foregoing, FINDITINTHEUP.COM and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by FINDITINTHEUP.COM or submitted to FINDITINTHEUP.COM, including without limitation information in FINDITINTHEUP.COM Message Boards and in all other parts of the FINDITINTHEUP.COM Services.

    You acknowledge, consent and agree that FINDITINTHEUP.COM may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of FINDITINTHEUP.COM, its users and the public.

    You understand that the FINDITINTHEUP.COM Services and software embodied within the FINDITINTHEUP.COM Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by FINDITINTHEUP.COM and/or content providers who provide content to the FINDITINTHEUP.COM Services. You may not attempt to override or circumvent any of the usage rules embedded into the FINDITINTHEUP.COM Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the FINDITINTHEUP.COM Services, in whole or in part, is strictly prohibited.

  3. INTERSTATE NATURE OF COMMUNICATIONS ON FINDITINTHEUP.COM NETWORK

    When you register with FINDITINTHEUP.COM, you acknowledge that in using the FINDITINTHEUP.COM Services to send electronic communications (including but not limited to email, search queries, sending messages to FINDITINTHEUP.COM Chat or FINDITINTHEUP.COM Groups, uploading photos and files to Flickr, and other Internet activities), you will be causing communications to be sent through FINDITINTHEUP.COM's computer networks, portions of which are located in Michigan, Texas, New York, and other locations in the United States. As a result, and also as a result of FINDITINTHEUP.COM's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically


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