November 21, 2008


Your User Agreement

The following describes the terms on which Justafriendaway.com offers you access to our services.

Introduction

The following describes the terms on which Justafriendaway.com offers you access to our services.

Before becoming a member of Justafriendaway, you are required to read and accept all of the terms and conditions in, and linked to, this User Agreement and Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information.

Using Justafriendaway

While using the sites, you will not:

  • post content or items in an inappropriate category or areas on the site

  • violate any laws, third party rights, or our other policies

  • post false, inaccurate, misleading, or defamatory content

  • distribute or post spam, chain letters, or pyramid schemes

  • distribute viruses or any other technologies that may harm Justafriendaway, or the interests or property of justafriendaway.com users

  • copy, modify, or distribute content from the site's copyrights and trademarks; or

  • harvest or otherwise collect information about users, including email addresses, without the proper credits.

Abusing Justafriendaway

Justafriendaway.com works to keep the site working properly and safely. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts and to cancel any account for any reason without a refund.

Fees and Services

Joining Justafriendaway and taking quizzes on the site is free. We charge fees for the purchase of credits that may be used to purchase "contact information" of your chosen matches. (Contact information includes the first and last name, state and city, email and personal website url.) When you go to purchase credits you have an opportunity to review and accept the fees that you will be charged based on our fees schedule, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the sites. We may choose to temporarily change the fees for our services for promotional events (for example, free credits for referring a friend) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. dollars. You are responsible for paying all fees and applicable taxes associated with the sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (including charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)

Content License

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

Liability

You will not hold Justafriendaway LLC responsible for other users' actions or inactions, including things they post. We have no control over and do not guarantee the quality safety of your potential friendships. We do not and can not guarantee the truth or accuracy of listings, although we will try and correct false information.

Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission.

Additionally, you agree that you will not:

  • take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

  • copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the sites without the prior expressed written permission of Justafriendaway and the appropriate third party, as applicable;

  • interfere or attempt to interfere with the proper working of the sites or any activities conducted on the site; or

  • attempt to restrict access to the site.

Privacy

We use your contact information (First Name, Last Name, State, City, Email, and Personal Web URL) to help you make connections with like minded people. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

Resolution of Disputes

If a dispute arises between you and Justafriendaway, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Justafriendaway agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Each of these policies may be changed from time to time. Changes take effect when we post them on the site. When using particular services on the site, you are subject to any posted policies or rules applicable to services you use through the Sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

General

Justafriendaway LLC., is located at 825 N 700 W, Provo, UT, 84604. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on the site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the site. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity, and Resolution of Disputes.

You may report complaints to customer service at:

Email - Customer_Service@justafriendaway.com

Phone - (770) 715-8077

 
 


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