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Terms of Use

July 4, 2008

We welcome you to http://www.boyfriendgirlfriendlounge.com, which is owned and operated by AV COMPUNET, INC. (collectively, the "Website", "we", or "our"). Av Compunet, Inc. makes this website including all information, documents, communications, files, text, graphics, products and services available through the site and all services operated by Av Compunet, Inc. and third parties through the site, available for your use subject to the terms and conditions set forth in this document and any changes to this document that Company may publish from time to time (collectively, the "Terms of Use"). By using or visiting the Website, you ("you" or "your") agree to that you have read, understand, and agree to abide and be bound by these Terms of Use. These Terms of Use may be revised by us from time to time, with or without notice; therefore, you should regularly review them. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE AFTER YOU HAVE READ THEM, PLEASE LEAVE THE WEBSITE.

If you remain on the Website, and/or on your subsequent returns, you agree to abide by these Terms of Use.

1. Privacy Policy
The Terms of Use include the Privacy Policy located at http://www.boyfriendgirlfriendlounge.com/privacy, which is incorporated by this reference, and governs your use of the Website. You agree to our collection, use and sharing of your information as set forth in the Privacy Policy.

2. User Eligibility/Conduct
By using the Website, 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 18 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. By using any functionality of the Website, you represent and warrant that you are at least 18 years old. Your profile may be deleted and your membership may be terminated without warning, if we believe that you are under 18 years of age.

As a user of the Website, you understand and agree that all data, graphics, information, messages or other materials created or used by you, or posted by us on your behalf or at your direction, whether published, displayed or transmitted, are your sole responsibility.

You agree to act responsibly and treat other Website users with respect. As a Website user, you agree not to:

a. violate any applicable local, state, provincial, regional, national, or international laws, statutes, and/or codes;

b. email, make available, post, upload, or transmit any content that is abusive, harassing, harmful, threatening, unlawful, violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or otherwise objectionable or content which you do not have a written right to transmit under any law or under any contractual agreement or relationship;
c. provide inaccurate, misleading or false information to us or to any other user. You agree to promptly notify us if any information provided to us or another user subsequently becomes inaccurate, misleading or false;

d. transmit any chain letters or junk E-mail; or otherwise abuse the services and facilities provided to you; or

e. post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

As a registered user of the Website, you agree that you will create only one unique profile.

We reserve the right, but have no obligation, to monitor the materials posted on the Website. We reserve the right to remove content that is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, profane, indecent or otherwise objectionable to us in our sole discretion. You agree that we may, with or without cause, immediately terminate your account and access to the Website without prior notice. You understand that if you set your profile as "public", your profile and resume may be viewed by other Website and internet users. You also agree that you may be contacted by other Website users.

You assume all risk when using the Website, including but not limited to all of the risks associated with any online or offline interactions with others, including dating. You agree to take all necessary precautions when meeting individuals through the Website. You understand that we make no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Website or as to the conduct of such individuals, and you understand that we do not screen our website users.

3. User Disputes
You are solely responsible for your interactions with other Website users. We reserve the right, but have no obligation, to become involved in any way with disputes between you and other Website users.

You acknowledge and agree that we may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to (1) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (2) protect or defend our, or a third party's rights or property; or (3) protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.4. Intellectual Property; Limited License to Users
The materials and services on this Website, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the materials or services at this Website may violate such laws and these Terms of Use. Except as expressly provided herein, we do not grant any express or implied rights to use the materials and services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its materials, or its services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website.
Except as expressly indicated to the contrary elsewhere on this Website, you may view, download, and print the content available on this Site subject to the following conditions:
1 The content may be used solely for personal, informational, and internal purposes.
2 The content may not be modified or altered in any way.
3 The content on the Website may not be distributed or sold, rented, leased, or licensed to others.
4 You may not remove any copyright or other proprietary notices contained in the content.
5 The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download, and print the content available on this Site are not applicable to the design or layout of this Website. Elements of this Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.


5. Proprietary Rights in User Content
By posting information or content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.

6. Copyrights
If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may, in our sole discretion, investigate the allegation and/or edit, remove or request the removal of such content.

All text, artwork, audio, software, and other creative works are the property of their creators or content suppliers and are protected by copyright laws. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without our prior written permission or that of the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on the Website for personal, noncommercial and informational use only; provided that you may not, without our permission or that of the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.
If you believe that the Website or any user has infringed your copyright in any material way, please notify the Website's Copyright Agent, and provide the following information:
a. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
b. an identification of the copyrighted work claimed to have been infringed;
c. an identification of the material that you claim is infringing so that we may locate it on the Website;
d. your address, telephone number and email address;
d. a 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; and
e. a statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
You can contact the Website's Copyright Agent at copyrights@boyfriendgirlfriendlounge.com.

7. Warranty Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THIS SITE. THIS SITE IS MADE AVAILABLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE.

WE DO NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SERVICE, AND (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.

8. Exclusion of Damages
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF THE WEBSITE.

9. Limitation of Liability.
IN NO EVENT WILL OUR LIABILITY TO YOU IN CONNECTION WITH THE WEBSITE OR THESE TERMS OF USE EXCEED $10.00.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET ABOVE MAY NOT APPLY TO YOU.

10. Indemnity
You agree to defend, hold harmless, and indemnify us from and against any and all claims, damages, costs, debt, losses, liabilities, obligations, and expenses arising from your use of and access to our Website; any violation by you of these Terms of Use; any violation by you of any third party right including any infringement of intellectual property rights which result in legal action against us; any claim levied against you, that your submission caused damage to a third party; or your violation of any applicable laws, rules or regulations.

11. Third Party Websites
THE THIRD-PARTY WEBSITES LINKED TO OR FROM THE WEBSITE ARE NOT CONTROLLED BY US. ACCORDINGLY, WE MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY US.

YOU ACKNOWLEDGE THAT WE DO NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITE. WE ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE WEBSITE.

12. Governing Law; Venue and Jurisdiction
These Terms of Use and the relationship between you and the Website shall be governed by, and construed in accordance with, the laws of the State of Hawaii, without regard to its conflict of law provisions. Arbitration held in the State of |Hawaii shall be the exclusive dispute resolution process used by the parties hereto. 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.

13. No Waiver
No failure or delay by us in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use.

14. Severability
The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.

15. Claim Limitation
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16. Entire Agreement
These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms and conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without our prior written consent.

17. Section Headings
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.