Culture Smack! Friends and General Terms of Service

Welcome to Culture Smack! and Culture Smack! Forum Board, a unique online community that connects people through a specialized network of friends for connecting cultures or just for making new friends.
Culture Smack! Friends service is operated by Culture Smack!, Inc. ("Culture Smack! Friends"). As a member or non-member using the Culture Smack! Friends web site (the "Web site") you agree to be bound by the following Terms of Service (this "Agreement").

Read these Terms of Services carefully and indicate your acceptance of them if you wish to register as a member to use Culture Smack! Friends services to communicate with other members on the Web Site. Do this by following the required instructions on the signup page.

This written Agreement sets out the legally binding terms of your membership in the Service and use of Culture Smack! Friends Web site; Your membership may be modified by Culture Smack! Friends management staff at any point in time without prior notice and will take effect upon posting on Culture Smack! Friends's Web Site.
Culture Smack! Friends's acceptable use policy for the content posted on the website, Culture Smack! Friends's Privacy Policy and notices regarding Culture Smack! Friends is included in this agreement.

1. Eligibility. In order to register as a Culture Smack! Friends's member you need to eighteen or over. Any membership in the Service is automatically void where prohibited. As a member and in use of the Web site’s services, you represent and warrant that you have the right, capacity and authority to enter into this particular agreement and will abide by all of the terms and conditions of this Agreement.

2. Terms. While using the Web site services and/or are a Member; this Agreement will remain in full force and effect. You are free to terminate your membership at any time you wish, for any reason by following the instructions stated on the Cancel Account page in “Account Settings”. Culture Smack! Friends reserves the right to terminate your membership at any time, for any reason. If Culture Smack! Friends terminates your membership because you have breached the Agreement, you will not be entitled to any refund of your unused subscription fees. This agreement will still remain in full effect even after your membership has been terminated.

3. Non-Commercial Use by Members. All Organizations, companies, and/or businesses alike may not become Members and should not use the Culture Smack! Friends Service or the Web site for any purpose. Culture Smack! Friends Web Site service is meant for personal use of the individual Members only; and may not be used in connection with any commercial activities or endeavors. The following include Illegal and/or unauthorized uses of the Web site: Collection of 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 Web site will be investigated thoroughly, and the appropriate legal action will be taken, including without limitation, criminal, civil and injunctive redress.

4. Full Proprietary Rights in Content on Culture Smack! Friends. Except for that information which is in the public domain or for which you have been given a written permission, you do not have the right to copy, publish, modify, transmit, perform, display, distribute or sell any other proprietary information. Culture Smack! Friends owns and retains all proprietary rights in the Culture Smack! Friends Web Site and its Service. The Web Site contains the copyrighted material, trademarks, and other proprietary information of Culture Smack! Friends, and its licensors.

5. Content Posted on the Site.
a. As a registered member on Culture Smack! Friends Web Site, your profile must describe you (an individual person). Examples of in-appropriate profiles include the following (But are not limited to): Profiles that purport to represent an animal, inanimate, place, object, a real individual who is not you or any fictional character.
b. You understand and agree that Culture Smack! Friends reserves the right to review/edit delete any content, photos, messages or profiles (collectively, "Content") that in Culture Smack! Friends sole judgment violate this Agreement or which might be illegal, offensive, or that might violate the rights, threaten the safety of other members, or harm them in anyway.
c. As a member posting Content to any public section of Culture Smack! Friends, You automatically grant, and you warrant and represent that you have the right to grant, to Culture Smack! Friends a perpetual, irrevocable, non-exclusive, fully paid, worldwide license to copy, perform, use, display and distribute such information and content and to incorporate into other works of, or prepare derivative works of such information and content, and to grant and authorize sublicenses of the foregoing.
d. You are solely responsible for the Content that you display or publish (hereinafter, "post") on the Service Web Site, or transmit to other Culture Smack! Friends Members.
e. solicits people you don't know to add you and/or accept you as a Culture Smack! Friends member friend. Even though all of the above is strictly prohibited on Culture Smack! Friends, there is still a small chance that you may become exposed to such items and you further waive your personal right to any damages (from any party) related to any such exposure.
f. You agree to use the Service in a manner consistent with any and all applicable laws and regulations.
g. The following below is a partial list of the kind of Content that is considered illegal or prohibited on the Culture Smack! Friends Web Site. Culture Smack! Friends reserves the right to investigate fully and take any appropriate legal action in its sole discretion against anyone who violates this provision; including without limitation, removal of the offending communication from the Service and automatically terminating the membership of such violators. It includes Content that:
• is patently offensive to the online community, such as Content that promotes bigotry, racism, hatred or physical harm of any kind against any group or individual;
• promotes information that you are aware is false, promotes illegal activities or misleading or conduct that is threatening, abusive, obscene, libelous or defamatory;
• involves the transmission of "chain letters," "junk mail", or unsolicited mass mailing or "spamming";
• advocates harassment or harasses another person;
• promotes any illegal or unauthorized copy of someone else’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;
• contains password only access pages or restricted pages, or hidden pages or images (those not linked to or from other accessible page);
• displays any form of pornographic or sexually explicit material of any kind;
• provides material that exploits persons under the age of eighteen in a violent or sexual manner, or solicits the personal information from anyone under eighteen;
• provides instructional information about any illegal activities such as buying or making illegal weapons, providing or creating any computer viruses or violating a person’s privacy.
• engages in commercial activities and/or sales without any prior written consent from us; such as: sweepstakes, contests, sweepstakes, advertising, barter and pyramid schemes;
• solicits personal identifying information for commercial or unlawful purposes from other users or passwords;
h. You may not transmit any form of chain letters or junk email to other Members. You may not engage in advertising to, or solicitation of, other Members to buy or sell any of your or others products or services through the Culture Smack! Friends Service. Although Culture Smack! Friends cannot monitor the conduct of its Members off the Culture Smack! Friends Web site, it is still considered a violation of these rules to use any information obtained from the Culture Smack! Friends Service in order to abuse, harass, or harm another person, or in order to advertise to, contact, solicit, or sell to any of the Culture Smack! Friends Members without their prior explicit consent. In order to protect our Members from such solicitation or advertising, Culture Smack! Friends reserves the right to restrict the number of emails, which any Member may send to other Members in any twenty four hour period to a number, which Culture Smack! Friends deems appropriate in its sole discretion.
i. No telephone members, last names, street addresses, emails, URL’s may be included in your Member profile.

6. Member Disputes. Interaction between Culture Smack! Friends members is your sole responsibility. Culture Smack! Friends, Inc. reserves the right, but has no obligation, to monitor disputes between you and any other Members.

7. Privacy. Our Privacy Policy also governs the use of the AlstraSoft E-Friends Web site and/or its Services.

8. Disclaimers. Culture Smack! Friends is not responsible for any inaccurate or incorrect Content posted on the Web site or in connection with the Service; whether caused by users of the members or users of the Web site, or by any of the equipment or programming utilized or is associated in the Service. Culture Smack! Friends assumes no responsibility for any interruption, omission, error, delay in operation, deletion, defect, communications line failure, destruction, theft or unauthorized access to, or alteration of any user or Members communications. Culture Smack! Friends is not responsible for the conduct, whether online or offline, of any user of the Culture Smack! Friends Web site or Member of the Service. The Web site and the Service are provided "AS-IS" and Culture Smack! Friends expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Culture Smack! Friends is not responsible for any technical malfunctions or problems of any telephone network or lines, computer online systems, computer equipment, servers or providers, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including damage or injury to users and/or AlstraSoft E-Friends Members or to anyone’s computer related to or resulting from downloading material or participating in connection with the Web and/or in connection with the Culture Smack! Friends Service. Under no circumstances will Culture Smack! Friends be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Culture Smack! Friends Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. Culture Smack! Friends cannot guarantee and does not promise any specific results from use of the Web site and/or the Service. The service may not be available temporarily from time to time for maintenance purposes or other reasons. No advice or information, whether written or oral, obtained by Culture Smack! Friends users or through or from the service itself shall create any warranty not expressly stated herein.

9. Copyright Policy. You may not post, reproduce, or distribute in any way any copyrighted material, trademarks, or other proprietary information of Culture Smack! Friends 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 Culture Smack! Friends Web site; 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.

10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Culture Smack! Friends be liable to you or any third person for any exemplary, indirect, consequential, incidental, special or punitive damages, including also any lost profits arising from your use of the Culture Smack! Friends Web site or the Services, even if Culture Smack! Friends has been advised of the possibility of such form of damages. Notwithstanding anything to the contrary contained herein, Culture Smack! Friends's liability to you for whatsoever cause, and regardless of the form of the action, will at all times be limited to the amount that is paid, if any, by you as a member to Culture Smack! Friends for the Service during the term of the membership.

11. Indemnity. You agree to hold and indemnify Culture Smack! Friends, affiliates, its subsidiaries, agents, officers, and other partners and employees, harmless from any loss, claim, liability, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Culture Smack! Friends 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. If You are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
 

12. No Agency. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture, relationship between Culture Smack! Friends and any User of the Culture Smack! Friends Service.
 

13. Other. This Agreement, accepted upon use of the Culture Smack! Friends Web site and further affirmed by becoming a registered Member of the Service, contains the entire agreement between you and Culture Smack! Friends regarding the use of the Web site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Failure of Culture Smack! Friends to enforce or exercise any right or provision of these stated Terms of Service shall not constitute a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Please contact us with questions you may have regarding this agreement. <support@culturesmack.com>

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