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Welcome to Yuku.com, a website service owned and operated by ezboard, Inc. Yuku.com is a profile, community, publishing, social networking, image sharing and e-commerce service for consumers and businesses. We want you to enjoy your Yuku.com experience, and we want you to feel free to invite others to join you here. We think you will find the community services we offer on Yuku.com to be really exciting, fun and progressive, and we hope that you share your ideas on how we can improve your Yuku.com experience with us. We plan to be honest and fair with you and we hope that in return you are honest and fair with others on Yuku.com. With that in mind, and out of respect for our friends in the legal department, we need to review the Terms of Use for Yuku.com.if you want to use the site, you must agree to these Terms of Use. By using Yuku.com's services, including without limitation visiting the website located at www.yuku.com, (the "Service") you accept and agree to be bound to the following terms and conditions ("Terms of Use") whether or not you register as a member ("Member") or pay for services on Yuku.com or its affiliated properties. The Terms of Use are intended to: Outline appropriate conduct for all members and guests on the Service Protect users from those few individuals who act in an inappropriate or fraudulent manner Maintain the integrity of the data in the Service Clarify the terms regarding payment and billing Share information with our users in an honest, upfront manner Define the legal and contractual relationship between you and Yuku.com by virtue of your use of the Service Appropriate Conduct You agree that you are responsible for your own conduct and communications while using the Service and for any consequences thereof. You are solely responsible for all data, text, information, links and other content (collectively, "Content") that you publish or display (hereinafter, "Post") on the Service, or any material or information that you transmit to other Members. You agree to use the Service only to send and receive messages and material that are legal, proper and related to the particular domain on which you are participating. While Yuku.com prohibits specific conduct and Content in connection with the Service, you understand and agree that you nonetheless may be exposed to such conduct and.or Content and that you use the Service at your own risk. You agree to use the service in ways that are respectful to other users and their experience. Specifically, you agree not to publish Content that: Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual Defames, abuses, harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others Solicits passwords or personal identifying information for commercial or unlawful purposes from other users Impersonates another person or entity, whether or not a member of Yuku.com Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page) You agree to use the Service in a manner consistent with any and all applicable laws and regulations. Specifically, you agree not to publish Content that: Infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to Post such Content 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 Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted Exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18 Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses Promotes or provides instructional information about illegal activities or promote physical harm or injury against any group or individual Transmits any viruses, worms, defects, Trojan horses, or any items of a destructive nature. International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence and expressly consent to and acknowledge that by using the Service they may be transferring personal data to the United States without any liability or obligation on the part of Yuku except as set forth in this agreement and in Yuku's privacy policy. You agree to use the Service in a manner that respects users' rights to privacy with respect to commerce. Specifically, you agree not to publish Content that: Engages in advertising to, or solicitation of, any user to buy or sell any products or services through the Service. Promotes pyramid schemes, chain letters or disruptive commercial messages or advertisements Promotes information that you know is false or misleading Although Yuku.com cannot monitor the conduct of its Members off the Website, 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 users from such advertising or solicitation, Yuku.com reserves the right to restrict the number of system-generated emails which a user may send to other users in any 24-hour period to a number which Yuku.com deems appropriate in its sole discretion. You agree to use the Service in a manner that respects the corporate property, rights and operations of the Service. Specifically, you agree not to publish Content that: Attempts to reverse engineer, disassemble, decrypt or decompile the Service or any systems of Yuku.com or its affiliated organizations Does anything that may interfere with the operation of the Service. This includes, but is not limited to, hacking, spamming and flood attacking Removes any copyright, trademark or other proprietary rights notices contained in or on the Service Interferes with or disrupts the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; Uses any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about users for any unauthorized purpose Submits Content that falsely expresses or implies that such Content is sponsored or endorsed by Yuku.com Creates user accounts by automated means, or under false or fraudulent pretenses Covers or obscures the banner advertisements on your personal profile page, or any Yuku.com page via HTML/CSS or any other means Further: You understand and agree that Yuku.com may review and delete any content in its sole discretion. You also agree that Yuku.com owns all profiles, domain and subdomain addresses within its network, and may take any action with respect to any address at any time for any reason in its sole discretion. By posting Content on any public area of Yuku.com, you automatically grant as well as represent and warrant that you have the right to grant to Yuku.com, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content to Yuku.com, and that Yuku.com has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. Use by Members You understand that all Content, whether posted in public or restricted groups, is the sole responsibility of the person from which such Content originated. This means that you, and not Yuku.com, are entirely responsible for all Content that you publish, post, upload, distribute, disseminate or otherwise transmit (collectively, "Post") via the Service. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Yuku.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content Posted via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You understand that the technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge that Yuku.com does not pre-screen, control, edit or endorse Content made available through the Service and has no obligation to monitor the Content Posted via the Service. If Yuku.com discovers Content that does not appear to conform to the Terms of Use, Yuku.com may investigate and determine in good faith and in its sole discretion whether to remove the Content. Yuku.com will have no liability or responsibility for performance or non-performance of such activities. You agree to resolve directly and exclusively with third parties any disputes you may have about messages that they posted. You may also contact the Domain Administrator to request a removal. You are solely responsible for your interactions with other users of the Service. Yuku.com reserves the right, but has no obligation, to monitor disputes between you and other users of the Service. You acknowledge and agree that Yuku.com may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Yuku.com its users and the public. Eligibility and Registration Membership in the Service is void where prohibited by law. You do not need to be a member to read certain Content on Yuku.com, however if you want to post messages you will need to complete the registration process. By using the Yuku.com website and the Service, you represent and warrant that all registration information you submit is truthful and accurate, and that you agree to maintain the accuracy of such information on an ongoing basis. To comply with the Children's Online Privacy Protection Act, at this time Yuku.com is only available to users who are at least 13 years old. If you are under 13, you may not register to use the Service or provide personal information to Yuku through this web site. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members. As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. Term and Termination This Agreement shall remain in full force and effect while you use the Service, and.or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Member account page. Modification and Termination of Service Yuku.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You agree that Yuku.com, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that we shall not be liable to you or any third party for any termination of your use or ability to access the Service. If Yuku.com terminates your Membership in the Service, you shall not be entitled to the refund of fees paid to Yuku.com or its affiliates. Even after membership is terminated, the Terms of Use will remain in effect. Domain Administrators Individuals who manage a domain on Yuku.com and.or their affiliates or designees (collectively "Domain Administrators") have additional capabilities and responsibilities in regard to the members and Content of a domain. The Domain Administrator decides whether a domain or any portion thereof is restricted to certain members or accessible to the public generally, and the Domain Administrator may change the access to the domain or any portion thereof at any time. In restricted areas, the Domain Administrator decides who may be a member, and can access and change the membership list in his or her sole discretion. A Domain Administrator may, at any time, transfer his or her administration of a domain to another Yuku.com user. In regard to Content, a Domain Administrator shall be responsible for the maintenance and monitoring of the Content in the domain, including deleting any domain, Content or archived Content at any time and in his or her discretion. Domain Administrators must accurately categorize the group(s) they manage using the categorization tools provided on Yuku.com. Categorization must be accurate and updated immediately should the content of a Domain no longer be represented by the previous categorization. If the domain or portion thereof managed by a Domain Administrator contains sexually explicit Content that is not suitable for minors, that Domain Administrator agrees to categorize the Domain or portion thereof as such. If a Domain contains Content that is sexually explicit and the Domain Administrator does not mark the Group appropriately, Yuku.com shall have the right to delete, without penalty, the Domain, including all messages Posted to that Domain. Fees and Fee-Based Services By signing up to be a registered user or administrator under any fee-based services offered by the site, you agree to the following: Registered users and administrators expressly understand and acknowledge the Disclaimer of Warranties below and that we will not be liable for any damages under this Agreement pursuant to the Limitations of Liability below. You expressly understand and acknowledge that the pricing reflected in any program is based on the above limitations, and that the limitations in this section represent a reasonable allocation of risk for the parties You expressly understand and acknowledge that any fees due or paid by you in any form are non-refundable in part or in whole. You expressly understand and acknowledge that we may change your privileges as a user or administrator, and that we reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, any program (or any part of it) with or without notice. You acknowledge that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any Fee-Based Service. For purposes of your use of our Fee-Based Services or products and services offered by domain owners, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process ("Subscription Data"), including your legal name, address, telephone number, email address and other billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. Payment for Yuku.com or domain owner services or products may be made by credit card or other means by which Yuku.com authorizes. Payment must be received by Yuku.com prior to acceptance of an order and activation or delivery of goods and.or services purchased. For Yuku.com subscription plans, Yuku.com may alert you to your impeding renewal via email beginning thirty (30) days, prior to your renewal date. Breaches of Security Members and domain owners must promptly inform Yuku.com of apparent breaches of security, including without limitation such as loss, theft, or unauthorized disclosure or use of an ID or password. Yuku assumes no liability and expressly disclaims any warranty or liability that might arise in connection with the loss, theft or unauthorized access to or disclosure of an ID, password or other personal information relating to the use of the service. Customer expressly assumes any liability in connection with apparent breaches of security. Notice of apparent security breaches should be immediately provided upon discovery and can be delivered to legal@yukucorp.com. Communication and Support As a part of the service Yuku provides to our Members, we communicate via email and other means to inform you of enhancements or changes in offerings, services, or other relevant information targeted to your interests. Details of these communication efforts are noted within the Privacy Policy. Users have the option to remove themselves from various email communications by following the conditions listed within the message or by following the procedures as noted in the Privacy Policy. Yuku.com may provide you with notices regarding the Service or these Terms of Use by email and.or posting on this web site. Even though users may request removal from the distribution of certain emails, Yuku.com has the right to send messages from time to time that we believe would interest them. Support for Yuku.com Members is provided only through the help areas on the Yuku.com web site and by email. Yuku.com does not respond to telephone or postal inquiries for product support related matters. Privacy Policy We do not sell or rent your personal information to third parties for their marketing purposes without your consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. Our current Privacy Policy is available here. The Privacy Policy is expressly incorporated and part of this Terms of Use. If you object to your personal information being transferred or used in this way please do not use our services. Disclaimer of Warranties YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YUKU.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. YUKU.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY BY YUKU.COM. Yuku.com does not conduct criminal background checks on its members. Neither Yuku.com, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components. Neither Yuku.com, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials in this website in terms of their correctness, accuracy, reliability, or otherwise. Limitation of Liability YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EZBOARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED SERVICES); (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. Force Majeur Yuku.com will not be responsible or liable to you for any delay or failure to perform under these Terms of Use if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and.or services, lack or failure of telecommunications facilities and.or services including Internet services, epidemic, flood, drought, or by reason of war, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of Yuku.com. If you are dissatisfied with any portion of our website, or with any of provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of this website. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Indemnity You agree to indemnify and hold Yuku.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 these Terms & Conditions and.or any breach of your representations and warranties set forth above. Robot Access The Site contains robot exclusion headers on certain sections of the Site. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Yuku.com by our users or third parties. 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: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Yuku.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Site Links This website contains links to Internet websites maintained by third parties. Yuku.com does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links do not constitute any endorsement by Yuku.com and.or its affiliates. User assumes sole responsibility for use of these third-party links. The disclaimers set forth herein are equally applicable to such third-party sites. U.S. Export Controls Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site 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. Governance All disputes arising out of or relating to the Service, including without limitation the Terms of Use or any claim arising out of or relating to use of the Yuku.com, shall be governed by and construed in accordance with the laws of the State of California. Any action arising out of or relating to the Terms of Use, the Service or use of Yuku.com, shall be brought exclusively in the federal or state courts located in San Francisco, CA, and you expressly covenant not to sue Yuku.com in any other jurisdiction, and irrevocably consent to the jurisdiction of such courts. Waivers Our failure to enforce your strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, amendment or other modification of any provision of these Terms of Use will be effective only if in writing and signed by an authorized representative of Yuku.com. Modification We may amend this Agreement at any time by posting the amended terms here and in our Privacy Policy. All amendments shall automatically be effective immediately upon posting on our site. Your use of the Service following the effective date of any modifications shall constitute your binding acceptance of those modifications. This Agreement may not be otherwise amended except in a writing signed by an officer of Yuku.com. Entire Agreement These Terms of Use represent the complete and entire agreement between Yuku.com and you and supersede all prior and contemporaneous agreements of the parties relating to the subject mater hereof. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You acknowledge that you have read these Terms of Use and understand and agree to all of them in their entirety. You have independently evaluated the desirability of using Yuku.com, and are not relying on any representation, guarantee, or statement other than as set forth in these Terms of Use. Contact Information: ezboard, Inc. (D/B/A Yuku.com) 564 Market Street, Suite 705 San Francisco, CA 94014 (415) 773-0400 www.yuku.com www.ezboard.com Legal e-mail Effective: January 4, 2006 Printable Version

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