By using favorite10.com software and service communities (owned and operated by Cow Hollow Media, LLC) you agree to the following Terms of Service:
PLEASE NOTE: THIS REQUIRES YOU TO ASSERT THAT YOU ARE OVER THE AGE OF 13, THAT YOU WILL NOT USE IT FOR ANY PURPOSE CONTRARY TO THE TERMS OF SERVICE BELOW, THAT THE INFORMATION YOU GIVE US, OR THAT YOU POST TO THE SERVICE IS NOT COVERED BY ANY GUARANTEES OR WARRANTEES OF PRIVACY AND BY USING THE SERVICE YOUR RIGHTS TO PRIVACY MAY BE COMPROMISED.
I. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
favorite10.com (the "Service") is provided to you ("User") under the terms and conditions of this favorite10.com Terms of Service and any amendments thereto and any operating rules or policies (the "TOS") that may be published from time to time by favorite10.com. favorite10.com may change the TOS from time to time with or without notice to you and such change shall be effective with or without notice. Each use by you of the Service reaffirms your acceptance of, and your agreement to be bound and to abide by, the TOS as amended. The TOS comprises the entire agreement between User and favorite10.com and supersedes any prior agreements pertaining to the subject matter contained herein. BY USING THE favorite10.com SERVICE OR REGISTERING WITH favorite10.com, YOU ARE AGREEING TO BE BOUND BY THE TOS.
II. DESCRIPTION OF SERVICE
favorite10.com is providing User with the capability to browse online content of interest to the User. favorite10.com is also providing the User with the tools for organizing and communicating with other users including other members of a community.
III. USERS REGISTRATION OBLIGATIONS
In consideration of use of the Service, User agrees to: (a) provide true, accurate, current and complete information about User as prompted by the Registration Form, and (b) to maintain and update this information to keep it true, accurate, current and complete, and (c) consents to the use of such data in accordance with section IV of this agreement. This information about a User shall be referred to as "Registration Data." If any information provided by User is untrue, inaccurate, not current or incomplete, or if User makes any attempt to limit the use of this data by favorite10.com in accordance with this agreement, favorite10.com has the right to terminate Users account and refuse any and all current or future use of the Service.
User will receive a password and account designation upon completing the registration process. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under Users password or account. User agrees to immediately notify the Service of any unauthorized use of Users password or account or any other breach of security.
V. MODIFICATIONS TO SERVICE
favorite10.com reserves the right to modify or discontinue, temporarily or permanently, the Service with or without notice to User. User agrees that favorite10.com shall not be liable to User or any third-party for any modification or discontinuance of the Service.
User acknowledges that by posting messages, posting reviews, posting photos, posting graphics, or communicating in the community, User has waived all intellectual property rights including (without limitation) copyright, moral rights, trademarks, service marks, patents, or other proprietary rights and laws, and any other rights, to the communications or postings made available by user in the community.
VII.PLACEMENT OF ADVERTISING CONTENT
In consideration of use of the Service, User agrees that favorite10.com may arrange for the placement of certain advertising messages, banners, images, text or other communications ("advertising") on the service. User agrees not to engage in any act that may result in diminishing the value of the advertising on the service.
VIII. MEMBER CONDUCT
User agrees to abide by all applicable local, state, national, and international laws and regulations in Users use of the Service, and agrees not to interfere with the use and enjoyment of the Service by other Users. User agrees to be solely responsible for Users actions and the contents of Users transmissions through the Service. User agrees not to impersonate any person or entity, including but not limited to, a favorite10.com official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity.
User agrees to indemnify and hold favorite10.com, and its subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Users use of the Service, Users connection to the Service, Users violation of the TOS, or Users violation of any rights of another.
X. NO RESALE OF SERVICE
User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, the Service or use of or access to the Service.
XI. STORAGE AND RESOURCES
favorite10.com assumes no responsibility for the deletion or failure to store any community messages and other community communications. favorite10.com may establish an upper limit on the amount of memory, disk space, bandwidth or any other resource available for the Service.
User agrees that favorite10.com may terminate Users password, account or use of the Service and, in favorite10.com's discretion, terminate Users use of favorite10.com's other services, for any reason, or for no reason, including, without limitation, if favorite10.com believes (a) that User has violated or acted inconsistently with the letter or spirit of the TOS, or (b) that User has violated the rights of favorite10.com or other Users or parties. User further agrees that favorite10.com may terminate Users password, account or use of the Service if User fails to use the Service at least one time during a reasonable period of time as determined by favorite10.com from time to time which period shall not be less than three months.
User acknowledges and agrees that any termination of service under this Agreement under any provision of this Agreement may be effected without prior notice, and acknowledges and agrees that favorite10.com may immediately delete Users communities, all related information and email files in Users account and bar any further access to such files or the Service.
XIII. DEALINGS WITH ADVERTISERS
Users correspondence with or participation in promotions of advertisers found on the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such advertiser. User agrees not to hold favorite10.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
XIV. favorite10.com'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by favorite10.com or advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express authorization.
XV. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USERS SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
favorite10.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
favorite10.com MAKES NO WARRANTY THAT THE SERVICE WILL MEET USERS REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES favorite10.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SERVICE IS DONE AT USERS OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USERS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM favorite10.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
XVI. LIMITATION OF LIABILITY
USER AGREES THAT favorite10.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USERS TRANSMISSIONS OR DATA OR ARISING FROM ANY OTHER MATTER RELATING TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF favorite10.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
USER FURTHER AGREES THAT favorite10.com SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY AMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
XVII. SPECIAL ADMONITION FOR COMMUNITIES RELATING TO FINANCIAL MATTERS
If you intend to create or join any community, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, read the above Sections XVI and XVII again. They go doubly for you. In addition, for this type of information particularly, the watchword should be "Let the investor beware." The Service is provided for informational purposes only, and no content or material included in the Service is intended for trading purposes. favorite10.com cannot be responsible for the content or accuracy of any information transmitted via the Service, and shall not be responsible for any trading or investment decisions made based on such information.
Any notice to User or to the Service shall be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to Users generally on the Service.
The TOS and the relationship between User and favorite10.com shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. User and favorite10.com agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Delaware.
The failure of favorite10.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.