Terms of Service
Updated as of September 28, 2011
Please read the following important Terms of Service Agreement (the "Agreement") before accessing or using any of the various services (the "Services") made available to you (the "Member") by Klassifriends through http://klassifriends.com ("Klassifriends"). ONLY USERS WHO ARE 13 YEARS OF AGE OR OLDER MAY REGISTER FOR KLASSIFRIENDS. By completing the registration process for the Klassifriends website, you represent that you are 13 years of age or older, and can and will be legally bound by this Agreement. If you are a minor, your parent or guardian must read and accept the terms of this Agreement before you register. No Member may participate where doing so would be prohibited by any applicable law or regulation.
A) Modifications
Klassifriends reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at Klassifriends's sole discretion. The most recent version of this Agreement will be posted on the Klassifriends website. Although Klassifriends will provide notice of material changes to this Agreement on the Klassifriends website, as a Member it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Should Member object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with Klassifriends in any way, Member's only recourse is to immediately: (1) discontinue use of Klassifriends; (2) terminate Klassifriends registration; and (3) notify Klassifriends of termination.
B) Description of Services
As a Member, you will be provided with a variety of services, as described on the Klassifriends website (the "Services"). Members may also utilize certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. Klassifriends reserves the right to enhance, modify, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at Klassifriends's sole discretion, with or without notice to Members, and with no obligation to Members.
C) Member Conduct
Use of the Services by you, as Member, is subject to all applicable local, state, national and international laws and regulations. Klassifriends reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does Klassifriends guarantee that any monitoring it does perform will be to the Member's satisfaction. Upon learning of any violation of this Agreement, Klassifriends, at its sole discretion, may terminate your access to and use of the Services, require you to remedy such violation, and/or take any other actions that Klassifriends deems appropriate to enforce its rights and pursue all available remedies. Without limitation, Klassifriends reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Klassifriends. Klassifriends will remove the offending material and alert the member against repeating the offense. If another direct violation of our Terms of Agreement is committed, a member's account will be fully terminated. A member is not necessarily offered a warning. An account may be terminated at any time, without notice, depending on the severity of the offense.
D) Privacy
Klassifriends has established a Privacy Policy to explain to Members how their information is collected and used, which Member can read by clicking http://klassifriends.com/help/privacy. Member's use of the Klassifriends website or the Services signifies acknowledgment of and agreement to Klassifriends's Privacy Policy. Members further acknowledge and agree that Klassifriends may disclose Member's personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of Klassifriends, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy. The Add Friends feature is an easy way for Klassifriends users to invite friends through email. The email address(es) that you supply to use this service will only be used to send invitations to connect with you on Klassifriends.
E) Document Retention Schedule
All personal information collected by Klassifriends in connection with your use of the Klassifriends website, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, ip addresses and other data, will be stored by Klassifriends indefinitely in a safe and secure manner.
F) Notice Regarding Commercial Email
MEMBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM KLASSIFRIENDS, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY KLASSIFRIENDS FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.
G) Member Account and Password
Once Member registers for Klassifriends, Member will have a password and an account with Klassifriends. Member is responsible for maintaining the confidentiality of Member's password and account. Furthermore, Member is entirely responsible for any and all activities that occur under Member's account. Member agrees to immediately notify Klassifriends of any unauthorized use of Member's account or any other breach of security known to Member.
H) Klassifriends Coin
You may purchase currency for use solely on the Klassifriends Site ("Klassifriends Coin"). Klassifriends Coin is redeemable only on the Klassifriends site for Klassifriends digital merchandise and content. Klassifriends Coin does not expire. Klassifriends Coin is non-refundable. Klassifriends Coin has no monetary value. Klassifriends Coin is not transferable or assignable.
I) VIP Membership
You may decide to upgrade your membership to VIP status for an additional monthly cost. For details on pricing and what it means to be a Klassifriends VIP, please visit http://www.klassifriends.com/vip/details.html. If you choose to become a Klassifriends VIP, you will be able to elect to have your membership automatically renewed on a monthly basis by enrolling in the auto-renew program through our partnership with PayPal. If, at any point, you wish to discontinue your VIP membership, you must visit http://www.klassifriends.com/vip/cancel.html and select 'CANCEL' at least 3 days prior to your next schedule automatic payment so that we can process your cancellation properly.
J) Copyrights, Trademarks, Patents and Intellectual Property Rights
Member acknowledges that messages, files or other materials ("Content") contained on the Klassifriends website and within Klassifriends email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Member by Klassifriends and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Member is permitted to use Klassifriends Content or third party Content only as expressly authorized by Klassifriends or the third party advertiser. Member may not copy, reproduce, distribute, or create derivative works from the Klassifriends Content or third party Content without expressly being authorized to do so by Klassifriends or the third party advertiser. Member may make a copy of the Klassifriends Content or third party Content for Member's personal, noncommercial use only, provided that Member keeps all copyright or other proprietary notices intact. Although Klassifriends does not claim ownership of content that its Member's may provide to Klassifriends, by providing content to Klassifriends, Members automatically grant, and represent and warrant that they have the right to grant, to Klassifriends a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicenseable, license to use, copy, perform, display, and distribute said content.
Klassifriends respects copyright law and
expects Members to do the same. Illegal or unauthorized copying, distribution,
modification, public display, or public performance of copyrighted works is an
infringement of the copyright holders' rights. If you believe that your work
has been copied in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please notify
Klassifriends's Agent for Notice of claims of copyright or other intellectual
property infringement ("Agent"), at:
Klassifriends Copyright Agent
PO Box 53426
London.
SE18 9BE
copyrightagent@Klassifriends.com
Please provide our Agent with the following Notice:
Klassifriends's Agent will forward this information to the alleged infringer. It is Klassifriends's policy to terminate the accounts of repeat infringers.
K) Disputes
The Agreement shall be governed by, and construed in accordance with, the laws of the United Kingdom, without regard to its conflict of law provisions. You and Klassifriends agree to submit to the exclusive jurisdiction of the courts located within the United Kingdom, to resolve any dispute arising out of the Agreement or the Klassifriends Services. If there is a dispute between participants on this site, or any third party, Klassifriends is under no obligation to become involved. In the event that Member has a dispute with one or more members, Member hereby releases Klassifriends, their officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
L) Termination
Either party may terminate use of the Klassifriends website or the Services with or without cause at any time and effective immediately upon written notice to the other party. Klassifriends may terminate with or without cause at any time and effective immediately, at Klassifriends's sole discretion, including but not limited to Member's failure to conform with these terms and conditions of the Agreement. Klassifriends shall not be liable to Member or any third party for termination of use of Klassifriends or the Services. Member's right to use Klassifriends or the Services shall cease immediately. Member shall have no right and Klassifriends will have no obligation thereafter to forward any unread or unsent messages to Member or any third party. Sections G-N shall survive termination of the Agreement.
M) DISCLAIMERS OF WARRANTIES
MEMBER AGREES THAT USE OF THE KLASSIFRIENDS WEBSITE AND THE SERVICES IS ENTIRELY AT MEMBER'S OWN RISK. THE KLASSIFRIENDS WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, KLASSIFRIENDS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE KLASSIFRIENDS WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, KLASSIFRIENDS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE KLASSIFRIENDS WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE KLASSIFRIENDS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, KLASSIFRIENDS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE KLASSIFRIENDS WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
N) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL KLASSIFRIENDS BE LIABLE ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE KLASSIFRIENDS WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE KLASSIFRIENDS WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE KLASSIFRIENDS WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE KLASSIFRIENDS WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE KLASSIFRIENDS WEBSITE OR THE SERVICES OR ANY LINKS ON THE KLASSIFRIENDS WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE KLASSIFRIENDS WEBSITE OR THE SERVICES OR ANY LINKS ON THE KLASSIFRIENDS WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
O) Indemnification
Member agrees to indemnify and hold Klassifriends, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Member agrees to hold Klassifriends harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Member's violation of this Agreement.
P) Governing Law
This Agreement and the relationship between Member and Klassifriends shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. If any provision of the Agreement 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 Agreement remain in full force and effect. Member 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 Klassifriends, the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Klassifriends makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable laws.
Q) Agreement
The Agreement constitutes the entire agreement between Member and Klassifriends and governs your use of Klassifriends and the Services, superseding any prior agreements between Member and Klassifriends. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Klassifriends to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Contacting Klassifriends
Users with questions about this Terms of Service and any of the aforementioned statements may contact Klassifriends
