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Thisdaypeople.com is a social online networking service that allows members to interact with friends and professionals by sharing mutual ideas, challenging, discoveries, research, innovations and friendship. Members advance unique personal profiles online in order to network with emerging, young and experienced professionals. The services offered by Thisdaypeople.com ("Thisdaypeople.com" or "we") include the Thisdaypeople.com website (the "Thisdaypeople.com Website"), the Thisdaypeople.com Internet messaging service, and any other features, content, or applications offered from time to time by Thisdaypeople.com in connection with the Thisdaypeople Website (collectively, the "Thisdaypeople Services"). The Thisdaypeople Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Thisdaypeople Services. By using the Thisdaypeople Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Thisdaypeople Website) or you are a "Member" (which means that you have registered with Thisdaypeople.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Thisdaypeople 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 Thisdaypeople Website and discontinue use of the Thisdaypeople Services immediately. If you wish to become a Member, communicate with other Members and make use of the Thisdaypeople Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes Thisdaypeople.com's policy for acceptable use of the Thisdaypeople Services and Content posted on the Thisdaypeople Website, your rights, obligations and restrictions regarding your use of the Thisdaypeople Services and Thisdaypeople.com's Privacy Policy. In order to participate in certain Thisdaypeople 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 Thisdaypeople 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@thisdaypeople.com, Subject: Terms of Use Agreement. Thisdaypeople.com may modify this Agreement from time to time and such modification shall be effective upon posting by Thisdaypeople.com on the Thisdaypeople Website. You agree to be bound to any changes to this Agreement when you use the Thisdaypeople 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 Thisdaypeople.com and that you provide to other Users. Your Thisdaypeople.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Thisdaypeople.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Thisdaypeople.com assumes no responsibility or liability for this material. If you become aware of misuse of the Thisdaypeople Services by any person, please contact Thisdaypeople or click on the "Report Inappropriate Content" link at the bottom of any Thisdaypeople.com page. Thisdaypeople.com 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 Thisdaypeople Services at any time, for any or no reason, with or without prior notice, and without liability. Thisdaypeople expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Thisdaypeople Services if Thisdaypeople determines, in its sole discretion, that you pose a threat to Thisdaypeople and/or its Users.

  1. Eligibility. Use of and Membership in the Thisdaypeople Services is void where prohibited. By using the Thisdaypeople 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 14 years of age or older; and (d) your use of the Thisdaypeople 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 14 years of age.
  2. Term. This Agreement shall remain in full force and effect while you use the Thisdaypeople 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. Thisdaypeople.com 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 Thisdaypeople.com reserves the right to charge for the Thisdaypeople Services and to change its fees from time to time in its discretion. If Thisdaypeople.com 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 Thisdaypeople.com 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 Thisdaypeople 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 Thisdaypeople.com. Illegal and/or unauthorized use of the Thisdaypeople 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 Thisdaypeople 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 Thisdaypeople Services.
  1. Content Posted.
    1. Thisdaypeople.com may delete any Content that in the sole judgment of Thisdaypeople.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.Thisdaypeople.com assumes no responsibility for monitoring the Thisdaypeople Services for inappropriate Content or conduct. If at any time Thisdaypeople.com chooses, in its sole discretion, to monitor the Thisdaypeople Services, Thisdaypeople.com 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 Thisdaypeople Services and any material or information that you transmit to other Members and for your interactions with other Users.Thisdaypeople.com do not endorse and has no control over the Content. Content is not necessarily reviewed by Thisdaypeople.com prior to posting and does not necessarily reflect the opinions or policies of Thisdaypeople.com. Thisdaypeople.com 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.                     
  1. 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 Thisdaypeople Services. Thisdaypeople.com reserves the right to investigate and take appropriate legal action against anyone who, in Thisdaypeople.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Thisdaypeople Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Thisdaypeople.com:
    1. is patently offensive and promotes racism, bigotry, hatred 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. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
    5. solicits personal information from anyone under 18;
    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
    15. For band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the Thisdaypeople Website and through your use of the Thisdaypeople Services. Thisdaypeople.com reserves the right to investigate and take appropriate legal action against anyone who, in Thisdaypeople.com'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 Thisdaypeople 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 Thisdaypeople 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, Thisdaypeople.com 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 Thisdaypeople.com 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 Thisdaypeople Services, you acknowledge that you will have caused substantial harm to Thisdaypeople, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Thisdaypeople.com $100 for each such unsolicited email or other unsolicited communication you send through the Thisdaypeople Services;
    3. covering or obscuring the banner advertisements on your personal profile page, or any Thisdaypeople.com 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 Thisdaypeople Services or the networks or services connected to the Thisdaypeople Services;
    6. attempting to impersonate another Member or person;
    7. for band profiles, copying the code for your Thisdaypeople Player and embedding it into other profiles or asking other Members to embed it into their profiles;
    8. 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;
    9. selling or otherwise transferring your profile;
    10. using any information obtained from the Thisdaypeople Services in order to harass, abuse, or harm another person;
    11. 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 Thisdaypeople Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
    12. Using the Thisdaypeople Services in a manner inconsistent with any and all applicable laws and regulations.
  1. 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 Thisdaypeople.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Thisdaypeople.com 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 Thisdaypeople 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 Thisdaypeople 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. Thisdaypeople.com's Copyright Table for notice of claims. And email: copyrighttable@thisdaypeople.com.
  2. Member Disputes. You are solely responsible for your interactions with other Thisdaypeople.com Members. Thisdaypeople.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
  3. Privacy. Use of the Thisdaypeople Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  4. Disclaimers. Thisdaypeople.com is not responsible for any incorrect or inaccurate Content posted on the Thisdaypeople Website or in connection with the Thisdaypeople Services, whether caused by Users of the Thisdaypeople Services or by any of the equipment or programming associated with or utilized in the Thisdaypeople Services. Profiles created and posted by Members on the Thisdaypeople Website may contain links to other websites. Thisdaypeople.com 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 Thisdaypeople.com. Inclusion of any linked website on the Thisdaypeople Services does not imply approval or endorsement of the linked website by Thisdaypeople.com. When you access these third-party sites, you do so at your own risk.Thisdaypeople.com takes no responsibility for third party advertisements which are posted on this Thisdaypeople Website or through the Thisdaypeople Services, nor does it take any responsibility for the goods or services provided by its advertisers.Thisdaypeople.com is not responsible for the conduct, whether online or offline, of any User of the Thisdaypeople Services. Thisdaypeople.com 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. Thisdaypeople.com 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 Thisdaypeople Services or combination there of, 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 Thisdaypeople Services. Under no circumstances shall Thisdaypeople.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Thisdaypeople Services, attendance at a Thisdaypeople.com event, from any Content posted on or through the Thisdaypeople Services, or from the conduct of any Users of the Thisdaypeople Services, whether online or offline. The Thisdaypeople Services are provided "AS-IS" and as available and Thisdaypeople.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Thisdaypeople.com cannot guarantee and does not promise any specific results from use of the Thisdaypeople Services.
  5. Limitation on Liability. IN NO EVENT SHALL THISDAYPEOPLE.COM 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 THISDAYPEOPLE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THISDAYPEOPLE.COM'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 THISDAYPEOPLE.COM FOR THE THISDAYPEOPLE SERVICES DURING THE TERM OF MEMBERSHIP.
  6. Disputes. If there is any dispute about or involving the Thisdaypeople 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 Oakland. Either Thisdaypeople.com or you may demand that any dispute between Thisdaypeople.com and you about or involving the Thisdaypeople Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Oakland, California, USA, provided that the foregoing shall not prevent Thisdaypeople.com from seeking injunctive relief in a court of competent jurisdiction.
  7. Indemnity. You agree to indemnify and hold Thisdaypeople.com, 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 Thisdaypeople 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 Thisdaypeople Website or through the Thisdaypeople Services causes MySpace.com to be liable to another.
  8. Other. This Agreement is accepted upon your use of the Thisdaypeople Website or any of the Thisdaypeople Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Thisdaypeople.com regarding the use of the Thisdaypeople Services. The failure of Thisdaypeople.com 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. Thisdaypeople.com is a trademark of Thisdaypeople, Inc. 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. 
  1. U.S. Export Controls. Software available in connection with the Thisdaypeople Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Thisdaypeople Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Please contact us at: Contact Thisdaypeople with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 
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