Terms of Service

FirstClickFriend.com provides users with access to a rich collection of services and possibilities, including communications tools, forums, people search, games and personalized content (hereinafter referred to as "Service"). When you sign up for the Service within FirstClickFriend.com, you agree to all of the terms and conditions of this Agreement. Please read the following terms and conditions carefully, as they form the agreement between us. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE, AND SHOULD NOT PROCEED TO REGISTER.

You understand and agree that the Service may include advertisements and that these advertisements are necessary for us to provide the Service. You also understand and agree that the Service may include certain communications from FirstClickFriend.com, such as service announcements, administrative messages and newsletters, and that these communications are considered part of FirstClickFriend membership.

You understand and agree that the Service is provided "AS-IS" and that FirstClickFriend.com assumes no responsibility for the timeliness, deletion, or failure to store any user communications or personalized settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as ISP or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

1. Eligibility:

You must be eighteen or over to register as a member of FirstClickFriend.com or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. The materials, which are available within this site may include graphic visual depictions and descriptions of nudity and sexual activity and should not be accessed by anyone who is younger than 18-years old (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) or who is offended by such materials or who does not wish to be exposed to such materials. Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to minors.

By using and/or viewing this site you represent and warrant under penalty of perjury the following:

a. That you are an adult, at least 18-years of age (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority).

b. That you will not permit any person(s) under 18-years of age (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) to have access to any of the materials contained within this Site.

c. That you represent and warrant that you have not and will not use and/or view the Site(s) in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.

2. Term of Agreement.

This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Cancel Account page in Account Settings. FirstClickFriend may terminate your membership for any reason, at any time. If FirstClickFriend terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect.

3. Non Commercial Use by Members.

The Website is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

4. Proprietary Rights in Content.

FirstClickFriend.com owns and retains all proprietary rights in the Web site and the Service. The Web site contains the copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of FirstClickFriend.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

5. Content Posted on the Site.

a. You understand and agree that FirstClickFriend.com may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of FirstClickFriend.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.

b. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.

c. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.

d. By posting Content to any public area of FirstClickFriend.com, you automatically grant, and you represent and warrant that you have the right to grant, to FirstClickFriend.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

e. The following is a partial list of the kind of Content that is illegal or prohibited on the Web site. FirstClickFriend.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

i. is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual;

ii. harasses or advocates harassment of another person;

iii. involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

iv. promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

v. 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;

vi. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page) ;

vii. provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and

x. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

xi. solicits people you don't know to add you or accept you as a friend on FirstClickFriend.com.

Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

f. You must use the Service in a manner consistent with any and all applicable laws and regulations.

g. You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses.

h. You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although FirstClickFriend.com cannot monitor the conduct of its Members off the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or 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, FirstClickFriend.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 FirstClickFriend.com deems appropriate in its sole discretion.

6. Copyright Policy.

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information 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 Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; 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; 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.

7. Member Disputes.

You are solely responsible for your interactions with other FirstClickFriend Members. FirstClickFriend.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

8. Privacy.

Use of the Website and/or the Service is also governed by our Privacy Policy.

9. Disclaimers.

FirstClickFriend.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. FirstClickFriend.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. FirstClickFriend.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, user or Member communications. FirstClickFriend.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 email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will FirstClickFriend.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and FirstClickFriend.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. FirstClickFriend.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.

10. Limitation on Liability.

Except in jurisdictions where such provisions are restricted, in no event will FirstClickFriend.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if FirstClickFriend.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FirstClickFriend'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 FirstClickFriend.com for the Service during the term of membership.

11. U.S. Export Controls.

Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12. Disputes.

If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Sunnyvale.

13. Indemnity.

You agree to indemnify and hold FirstClickFriend.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service 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.

14. Agency.

There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between FirstClickFriend and any User of the Service.

15. Other.

This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and FirstClickFriend regarding the use of the Web site and/or the Service. The failure of FirstClickFriend to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

FirstClickFriend.com may at any time revise these Terms of Service by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then-current Terms of Service to which you are bound.