Terms of Use Agreement

ifuckinghateyou.com Terms of Use Agreement

March 27, 2007

ifuckinghateyou.com is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with other members. The services offered by ifuckinghateyou.com ("IFHY" or "we") include the IFHY website (the "IFHY Website") and any other features, content, or applications offered from time to time by IFHY in connection with the IFHY Website (collectively, the "IFHY Services"). The IFHY Services are hosted in the U.S.

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

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

IFHY may modify this Agreement from time to time and such modification shall be effective upon posting by IFHY on the IFHY Website. You agree to be bound to any changes to this Agreement when you use the IFHY 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 IFHY and that you provide to other Users. Your IFHY profile may not include the following items: telephone numbers, street addresses or last names. Information provided by IFHY Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and IFHY assumes no responsibility or liability for this material.

IFHY 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 IFHY Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. Use of and Membership in the IFHY Services is void where prohibited. By using the IFHY 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 18 years of age or older; and (d) your use of the IFHY 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 18 years of age.

2. Term. This Agreement shall remain in full force and effect while you use the IFHY 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. IFHY may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

3. Fees. You acknowledge that IFHY reserves the right to charge for the IFHY Services and to change its fees from time to time in its discretion. If IFHY terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.

4. 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 IFHY 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.

5. Non-commercial Use by Members. The IFHY 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 IFHY. Illegal and/or unauthorized use of the IFHY 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 IFHY 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 IFHY Services.

6. Proprietary Rights in Content on IFHY.
1. IFHY 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 IFHY Services. After posting your Content to the IFHY 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 IFHY Services, you hereby grant to IFHY a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the IFHY Services.

            The license you grant to IFHY is non-exclusive (meaning you are free to license your Content to anyone else in addition to IFHY), fully-paid and royalty-free (meaning that IFHY is not required to pay you for the use on the IFHY Services of the Content that you post), sublicensable (so that IFHY is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the IFHY Services), and worldwide (because the Internet and the IFHY Services are global in reach). This license will terminate at the time you remove your Content from the IFHY Services. The license does not grant IFHY the right to sell your Content, nor does the license grant IFHY the right to distribute your Content outside of the IFHY Services.
         2. You represent and warrant that: (i) you own the Content posted by you on or through the IFHY 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 IFHY 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 IFHY Services.
         3. The IFHY Services contain Content of IFHY ("IFHY Content"). IFHY Content is protected by copyright, trademark, patent, trade secret and other laws, and IFHY owns and retains all rights in the IFHY Content and the IFHY Services. IFHY hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the IFHY Content (excluding any software code) solely for your personal use in connection with viewing the IFHY Website and using the IFHY Services.
         4. The IFHY Services contain Content of Users and other IFHY 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 IFHY Services.

   7. Content Posted.
         1. IFHY may delete any Content that in the sole judgment of IFHY violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. IFHY assumes no responsibility for monitoring the IFHY Services for inappropriate Content or conduct. If at any time IFHY chooses, in its sole discretion, to monitor the IFHY Services, IFHY 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 IFHY Services, and any material or information that you transmit to other Members and for your interactions with other Users. IFHY does not endorse and has no control over the Content. Content is not necessarily reviewed by IFHY prior to posting and does not necessarily reflect the opinions or policies of IFHY. IFHY 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.

   8. 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 IFHY Services. IFHY reserves the right to investigate and take appropriate legal action against anyone who, in IFHY's sole discretion, violates this provision, including without limitation, removing the offending communication from the IFHY Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of IFHY:
         1. is patently offensive and promotes racism, bigotry or physical harm of any kind against any group or individual;
         2. harasses or advocates harassment of another person;
         3. exploits people in a sexual or violent manner;
         4. solicits personal information from anyone under 18;
         5. the use of any pornographic image as a default profile picture or avatar;
         6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
         7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
         8. 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;
         9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
        10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
        11. 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;
        12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
        13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
        14. includes a photograph of another person that you have posted without that person's consent; or

      The following is a partial list of the kind of activity that is illegal or prohibited on the IFHY Website and through your use of the IFHY Services. IFHY reserves the right to investigate and take appropriate legal action against anyone who, in IFHY's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
         1. criminal or tortuous 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;
         2. advertising to, or solicitation of, any Member to buy or sell any products or services through the IFHY 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 IFHY 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, IFHY 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 IFHY 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 IFHY Services, you acknowledge that you will have caused substantial harm to IFHY, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay IFHY $50 for each such unsolicited email or other unsolicited communication you send through the IFHY Services;
         3. covering or obscuring any banner advertisements on your personal profile page, or any IFHY page via HTML/CSS or any other means;
         4. any automated use of the system, such as using scripts to add friends or send comments or messages;
         5. interfering with, disrupting, or creating an undue burden on the IFHY Services or the networks or services connected to the IFHY Services;
         6. attempting to impersonate another Member or person;
         7. 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;
         8. selling or otherwise transferring your profile;
       9. using any information obtained from the IFHY Services in order to harass, abuse, or harm another person;
        10. 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 IFHY Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
        11. using the IFHY Services in a manner inconsistent with any and all applicable laws and regulations.

9. 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 IFHY to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to IFHY 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 IFHY Services in a way that constitutes copyright infringement, please provide our Copyright Agent 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 IFHY 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.

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

11. Privacy. Use of the IFHY Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12. Disclaimers. IFHY is not responsible for any incorrect or inaccurate Content posted on the IFHY Website or in connection with the IFHY Services, whether caused by Users of the IFHY Services or by any of the equipment or programming associated with or utilized in the IFHY Services. Profiles created and posted by Members on the IFHY Website may contain links to other websites. IFHY 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 IFHY. Inclusion of any linked website on the IFHY Services does not imply approval or endorsement of the linked website by IFHY. When you access these third-party sites, you do so at your own risk. IFHY takes no responsibility for third party advertisements which are posted on this IFHY Website or through the IFHY Services, nor does it take any responsibility for the goods or services provided by its advertisers. IFHY is not responsible for the conduct, whether online or offline, of any User of the IFHY Services. IFHY 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. IFHY 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 IFHY 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 IFHY Services. Under no circumstances shall IFHY be responsible for any loss or damage, including personal injury or death, resulting from use of the IFHY Services, attendance at a IFHY event, from any Content posted on or through the IFHY Services, or from the conduct of any Users of the IFHY Services, whether online or offline. The IFHY Services are provided "AS-IS" and as available and IFHY expressly disclaims any warranty of fitness for a particular purpose or non-infringement. IFHY cannot guarantee and does not promise any specific results from use of the IFHY Services.

13. Limitation on Liability. IN NO EVENT SHALL IFHY 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 IFHY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IFHY'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 IFHY FOR THE IFHY SERVICES DURING THE TERM OF MEMBERSHIP.

14. U.S. Export Controls. Software available in connection with the IFHY Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the IFHY Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

15. Disputes. If there is any dispute about or involving the IFHY Services, you agree that the dispute shall be governed by the laws of the State of California, 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 California, City of Los Angeles. Either IFHY or you may demand that any dispute between IFHY and you about or involving the IFHY Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent IFHY from seeking injunctive relief in a court of competent jurisdiction.

16. Indemnity. You agree to indemnify and hold IFHY, 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 IFHY 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 IFHY Website or through the IFHY Services causes IFHY to be liable to another.

17. Member Reps and Warranties By applying for membership and subsequently becoming a member of this site, the Member does hereby represent, warrant, state and affirm that:

         1. Member is at least 18 (eighteen) years of age, except in those jurisdictions where 21 is the legal age of majority.
         2. Member is aware that this site may contain graphic images depicting adult individuals who have consented to be involved in such acts.
         3. Member states that nudity, adult-themed or erotic material (hereinafter referred to as "material" or "the material") does not offend him/her in any way, form or manner; notwithstanding, Member represents, warrants and agrees that he/she shall not post images of a sado-masochistic nature, including but not limited to, images depicting the piercing or mutilation of the genitals of any person.
         4. Member States that he/she reside(s) in a City, County, State, Province, Country or Commonwealth where it is lawful to obtain, view, own or otherwise examine sexually explicit material.
         5. Member states that he/she desires to view this material for his/her personal use.
         6. Member acknowledges that he/she can not, will not and shall not, use any material obtained by and through this site in any commercial or professional manner, for any reason, at any time.
         7. Member is not party to, or a member, officer, official or agent of any State, Federal, Code, Law enforcement agency, Commerce, telecommunications company or service, or acting as an agent or third-party of, or for, those stated agencies either in concert, whether of a disclosed or undisclosed nature or acting in any capacity whatsoever. Members of such agencies as stated and defined herein and representative throughout this entire Disclaimer, are hereby prohibited from applying for membership. Violation of this clause is entrapment with certain legal rights and substantial compensatory damages attached. If you are such an officer or inspector (or as otherwise defined person), you are requested to leave without any attempt to obtain access or membership to this site.
         8. Member States and affirms that this site rely upon the representations made by the Member in whole and in part. Member understand(s) that by furnishing false information constitutes fraud and submitting a misrepresented or fraudulent application may subject the Member to any and all legal actions as deemed appropriate.
         9. Member maintains membership to this site for the purpose of viewing member profiles and communicating with other members via the tools available on this website. Member shall receive a User name and Password which shall enable the member to gain access to this site which may contain sexually explicit material.
         10. Member shall be issued a User name and Password in order to gain access to this site and all content therein. Member agrees and understands that the User name and Password, and all material viewed must remain under the member(s) personal control and said member shall assume full and total responsibility for such material and not pass to any other person, real or imagined, by any means, the User name, Password or material obtained from this site including but not limited to, allowing any other person under the age of 21 (twenty-one) to view, examine, or be subjected to sexually explicit material. Logs of all accesses are kept, and logins from more than three (3) distinct second-level domains shall constitute proof of violation of this clause of this agreement, with resultant removal of Username and Password without recourse, refund, or further warning. Member further agrees that he/she shall use the User name and Password only for personal use with a typical internet Web Browser; specifically, the use of "robots" or other automated browsers is prohibited. Member further state he/she will not display, rent, sell, distribute, loan or give, show or cause to be shown, any materials obtained from this site to any other natural person, for any reason, at any time.
         11. The member understands that this site does not make any warranty, express or implied, as to the content or nature of any material within this site, as being suitable for any purpose, real or imagined. In addition, Member or Member understands that the this site may occasionally be unavailable during brief periods of maintenance of our service.
         12. Member covenants and understands that any attempt to access this site is at his/her sole option and assumes any and all risks in doing so. Member is responsible for his/her own actions and agree to hold this site completely irrevocably, harmless from the actions of said Member.
         13. Member assumes any and all responsibility and liability for transmitting data or material(s) and all contents of said data, at his or her own risk, to or from this site's Web Server, by any known or unknown telecommunications method including but not limited to, local or national telecommunications lines, telephone service or data lines belonging to any entity or natural person, in any State, local community, County, City, Municipality, Commonwealth or Country, geo-stationary satellites, cellular or digital, or any combination or methods of service applicable thereto and thereof.
         14. Member and/or Member are prohibited from soliciting this sites' membership for any product, service, website, or anything other than the expressed purpose of this site as an internet personals site.
         15. Member and/or Member acknowledges that this Disclaimer may be subject to further limitations, restrictions or provisions, as deemed necessary and appropriate from time to time and that such Disclaimer shall constitute and serve as the entire agreement between this site and the Member or member. This Disclaimer supercedes any prior agreements in whole or in part.
         16. By submitting, transmitting or transporting, by any medium, an application for membership to this site the Member states that he or she irrevocably accept this Disclaimer, entirely. Member further states that he/she is in compliance with all terms and conditions, has read, and fully understands the nature and content of this Disclaimer and/or agreement and agrees to be irrevocably bound by same throughout. Member further acknowledges that by submitting a member profile, he/she is granting this site the right to publish such profile on its website and waives any claim based on invasion of privacy or libel arising from the provision and online publication of such profile.
         17. By submitting a photographic image to this site, you represent and warrant said image is not altered or modified, and that the image contained therein is that of the Member. Member grants this site the right and license to publish said image on its website and in promotional materials and banner ads, which may also include Member or Members first name, city and age.

18. Other. This Agreement is accepted upon your use of the IFHY Website or any of the IFHY Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and IFHY regarding the use of the IFHY Services. The failure of IFHY 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. 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.

Contact IFHY with any questions regarding this Agreement.

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

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