OUR TERMS OF SERVICE
Welcome to the
Pulado.com Internet service (the "Service"). This document explains the
terms and conditions for using our Service (the "Agreement"). By using our
Service, you consent to this Agreement and any new version of it posted since
your last visit. If the Agreement is not acceptable, then please do not use our
Service. This Agreement was last updated on: Auguest 19, 2003.
YOUR
ACCOUNT & PASSWORD.
If you register an account, you represent
that you are at least 18 years old and that, to the best of your knowledge and
belief, your registration information is truthful, accurate and complete. A user
name and password will be assigned by us or chosen by you. You are responsible
for maintaining the secrecy of your password and for activities occurring under
your account. Be sure to change your password promptly and notify us if you
believe your account is being accessed by others. Each user must register
separately. You may not loan your user name and password to others. You may not
use another person's account without their authorization.
USING OUR
CONTENT & SERVICE.
Our Proprietary
Rights. Our Service may contain an assortment of information, data,
software, images, video clips, music, links, logos and other material
("Content") that are the copyright, trademark or other intellectual property of
the owners of this Service or third party suppliers. The Content in this Service
is copyrighted individually and as a collective work. All rights are reserved.
The name "FriendSurfer.com" and other names appearing herein are the trademarks
or registered trademarks of the Service or the respective third party owners.
You will ensure that all copyright, trademark or other proprietary rights
notices appearing on any Content remain intact and legible. All licenses are
non-exclusive.
Linking to Our Site.
You will not link to our Service or Content in a manner that suggests an endorsement
or affiliation between our
sites. You will remove any link to our Service that we find objectionable
promptly upon request.
Reservation of
Rights. All content, communications, software applications, digital
products, updates and features of this Service are copyrighted by the Service,
its owners, suppliers or other third parties. We reserve all rights not
specifically granted to you. This means permission to use the Service and
related intellectual property rights will be narrowly interpreted by a court in
our favor. Except as specifically authorized in this Agreement, you may not
store, copy, reproduce, adapt, reformat, create derivative works of, transmit,
disseminate, publicly display or perform any copyrighted material from this
Service. You may not reverse engineer our Service or any software obtained from
it to discover its underlying design or inner workings (and you will hold in
confidence for our benefit alone anything discovered in violation of this
provision). If you infringe our intellectual property rights or exceed the scope
of permitted use of this Agreement, you agree that we could be irreparably
injured and may obtain a court order without necessity of posting bond to enjoin
you from further mischief.
YOUR CONTENT &
SUBMISSIONS.
Your Public
Messages. Our Service includes certain interactive features that allow
users to post, transmit and receive messages or content to discussion forums,
newsgroups, chat areas, calendars or other online channels ("Communications").
We do not prescreen or editorially control Communications on our Service. We
reserve the right (but do not assume the responsibility) to block or remove any
Communications brought to our attention which we consider in violation of this
Agreement or detrimental to the Service or to any
person.
Permission to Publish. Our
Service does not claim ownership in the content of your Communications. If you
make Communications, you irrevocably grant our Service (and any affiliates and
sublicensees) the worldwide, perpetual, royalty-free, sublicensable right and
license to store, copy, reproduce, adapt, reformat, create derivative works of,
transmit, disseminate, publicly display and perform such Communications through
the Service and to make such incidental and additional uses as may be needed to
operate the Service and any affiliated sites through any media or technology now
known or hereafter created. You irrevocably grant us the right to obtain a
copyright in the "thread" or compilation of Communications on the Service
generally, including your own Communications.
Prohibited Behavior. You will not
upload, store or disseminate any Content or make any Communications which
violate or infringe the intellectual property or privacy rights of any person or
which a reasonable person would consider abusive, profane, hateful, racially or
ethnically offensive, which are defamatory or harassing, or which violate or
encourage others to violate this Agreement or any applicable law. You will not
upload or transmit pornographic or obscene images or files, and you will not
impersonate our personnel or disrupt the orderly operation of the Service. You
will not use the Service to violate any applicable law, including U.S. or
foreign securities laws or regulations. In order to protect itself, the Service
may without liability actively cooperate with and furnish identifying and
supporting information to any person likely to be harmed or affected by your
violation of this Agreement and to any law enforcement agency conducting an
investigation. You also agree not to make any Communication that encourages
users to terminate their use of the Service or to use a competitor's
service.
Anti-Spam Restriction. You
will not use our Service to make any Communications which are unsolicited bulk
advertising or promotional messages ("spam"), so-called "chain letters," pyramid
schemes, or make Communications of a promotional nature other than through
channels authorized by the Service. You may not harvest email addresses or
instant messaging identifiers. Because the damage incurred by us in connection
with spam campaigns may be difficult to ascertain, you agree to pay liquidated
damages of $3 per individual recipient of spam messages transmitted under your
account if you knowingly cause spam to be sent.
APPLICABLE CHARGES
& PAYMENT.
We may impose a pay-per-use fee or other charges for
using or transacting business on our Service. Applicable fees are posted on the
Service. We require timely payment of amounts due. If you fail to pay applicable
fees or charges when due, we may suspend or terminate your account and access to
services or features. Unless otherwise agreed in writing, all charges are
payable in U.S. dollars in advance by major credit card, cashier's check or
money order. Late payments are subject to costs of collection (including
reasonable legal fees) and shall bear interest at a rate equal to the lesser of
one (1) percent per month or the highest rate permitted by law.
THIRD
PARTY LINKS AND ADVERTISERS.
Content, goods or services may be
offered by third parties through hotlinks or advertisements contained on our
Service or through private-branded areas that are controlled by third party
providers. These are offered as a convenience to you. We have no control over
and do not endorse third party content, goods or services. We act as a
distributor and not as a republisher of third party content and as an
advertising channel for third party goods and services. Third party providers
may change, add or discontinue their content or offerings at any time without
notice. They may impose additional or different conditions on your use of their
content or services (please read any additional terms that may be posted by such
providers). WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT,
GOODS OR SERVICES YOU OBTAIN FROM THIRD PARTY PROVIDERS. YOU WILL LOOK SOLELY TO
THE THIRD PARTY PROVIDER FOR ALL CLAIMS REGARDING SUCH MATTERS.
OUR
ONLINE MATCHING
SERVICE.
Eligibility. Areas
designated as online auctions or "Matching Services" are available only to
persons 18 years and older who have the legal capacity to enter into legally
binding contracts. This means minors may not use the Matching Service. By using
the Matching Service, you represent and warrant that you are of legal age and
capable of entering into binding
contracts.
Nature of Relationship.
Our Matching Service may offer certain features that can be used to match buyers
and sellers of goods and services. The Matching Service is offered solely as a
venue for you and other users to list items offered and to exchange bids or
other information about such items. You and other members of this Service are
solely responsible for all aspects of such exchange, including the accuracy and
legality of such listings and communications exchanged, the selection of trading
partners and the performance or non-performance of any resulting agreement. We
are not a party to these transactions. We cannot give any assurance that a buyer
or seller will perform or pay for any goods or
services.
Fee Schedule. Bidding on
specific items in the Matching Service is free. spaceholder. We reserve the
right to impose new or different fees by posting a new Fee Schedule. New Fee
Schedules are effective on the date posted, or such other effective date
identified in the Fee Schedule.
Listings
& Bids. When you upload a listing, make a bid or other communication
via the Matching Service, you irrevocably grant our Service the worldwide,
perpetual, royalty-free, sublicensable right and license to store, copy,
reproduce, adapt, create derivative works of, transmit, disseminate, perform and
display the listing through the Matching Service and to make such incidental and
additional uses as may be needed to operate the Matching Service through any
media or technology now known or hereafter created. You irrevocably grant us the
right to obtain a copyright in the compilation of listings, bids and
communication threads, including your
own.
Prohibited Behavior on Matching
Service. Listings, bids and communications regarding items or
participants in the Service may not: (a) contain any information that is
knowingly false, misleading or materially inaccurate; (b) infringe any third
party intellectual property or privacy rights; (c) offer any item that is
counterfeit (unless specifically designated as such); (d) violate any law or
regulation (including securities laws, export laws and technology transfer
laws); (e) contain any information that is defamatory, harassing or patently
offensive; (f) contain any obscene material (including child pornography); (g)
upload any virus or other deliberately destructive file or code; (h) make
repetitive bids or interfere with normal operations; (i) advertise other web
sites, services or match-making services, (j) link to any content or service
that violates this Agreement; (k) use any robot or other automatic device to
access, copy, retrieve or use any content obtained from the Matching Service
(this means you must actually be present at your computer terminal and use the
Matching Service manually), (l) use any program or device to meta-search or
consolidate listings or bids from our Service with listings or bids from other
matching services. WE RESERVE THE RIGHT TO REMOVE ANY LISTING OR COMMUNICATION
AND SUSPEND OR TERMINATE ANY MEMBER THAT VIOLATES THE FOREGOING PROVISIONS OR
OTHERWISE ENGAGES IN BEHAVIOR THAT WE IN OUR SOLE JUDGMENT CONSIDER TO BE
INAPPROPRIATE.
Taxes. You are
responsible for the timely filing of any required returns and the payment of all
applicable taxes or levies, including interest and penalties imposed thereon
("Tax Claims") arising from or relating to your use of the Matching Service or
any goods or services bought, sold or exchanged as a result of using the
Service, and you agree to defend, indemnify and hold our Service harmless from
any and all Tax Claims.
No
Endorsement. We do not review or endorse the truth, accuracy,
reliability, integrity or quality of any information posted in the Matching
Service, or any goods, services or other things bought, sold or exchanged as a
result of such activities.
Outage Policy on
Matching Service. We are not responsible for any outage or disruption in
your use of the Matching Service, including any system outages. We reserve the
right, but do not assume the obligation, of extending the bidding time for an
item as a result of a system
outage.
Disputes Among Users of Matching
Service. Our Service is not a party to any exchange of information or to
any subsequent agreement to buy, sell or exchange goods or services resulting
from members' participation in the Matching Service. You agree to hold us
harmless from and release our Service (including our officers, directors,
owners, agents and employees) from any and all liability arising out of any
dispute that may result from your use of the Matching Service or any good or
service obtained thereby (including any claim for direct, indirect, incidental
or consequential damages or attorney fees, even if we are advised of the
possibility of such damage, and whether arising in contract, tort or otherwise).
If you nevertheless try to involve us in a dispute, you will comply with the
Governing Law provision of this Agreement and pay our costs and expenses,
including reasonable legal fees.
California
Residents: if you reside in California, you waive the protection of
California Civil Code Section 1542, which states: "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."
SYSTEM
SECURITY.
We follow technical and management practices that we
believe are reasonable under the circumstances to protect the confidentiality,
security and integrity of information stored on our system, but we do not
operate a completely secure Site. For example, we generally do not use secure
pages to collect information and we generally do not store data in encrypted
form.
OUR PRIVACY POLICY.
Our Privacy Policy for this Site
is posted at our main page. The terms of that Policy, and any future amendments
to it, are hereby incorporated by reference in its entirety into this Agreement
and subject to these terms. Third parties providing goods or services to you
(including those advertising or providing links on our Service) may have privacy
policies or practices that differ from our own. Please check their sites'
privacy disclosures for details.
WARRANTIES &
LIABILITIES.
Warranty
Disclaimer. THIS SERVICE (INCLUDING ALL INFORMATION, CONTENT,
COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE
INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT
WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY,
INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SERVICE IS NOT RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR
TRANSACTIONS ENTERED INTO WITH THE SERVICE. THE SERVICE IS NOT RESPONSIBLE FOR
ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD
PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD
PARTIES.
Limitation of Liability.
YOU AGREE THIS SERVICE IS NOT LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE
AMOUNT, IF ANY, ACTUALLY PAID TO IT BY YOU DURING THE SIX (6) MONTHS PRECEDING
THE EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS THE SERVICE LIABLE WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY
INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR
BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS
LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE
AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY
TO YOU.
Indemnification. You agree
to defend, indemnify and hold harmless the Service and its officers, directors,
owners, agents, employees, advisers and consultants, from and against any
claims, actions, demands, liability, damages (including legal and professional
fees) asserted by any third party and arising from your use of the Service, your
conduct, content, communications, alleged infringement of third party
intellectual property or privacy rights, or violation of this
Agreement.
Limitation of Remedies.
You agree that if the Service breaches this Agreement, your sole and exclusive
remedy will be to terminate this Agreement and your relationship with the
Service. This applies regardless of whether the remedy fails of its essential
purpose.
Protected Parties. THE
WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS
CONTAINED IN THIS AGREEMENT PROTECT THE SERVICE, ITS OFFICERS, DIRECTORS,
OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS,
DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
FORCE
MAJEURE.
The Service is not responsible for any delay or failure in
performance of the Service in whole or in part for any reason including, without
limitation: fires, floods, storms, earthquakes, civil disturbances, disruption
of telecommunications, transportation, utilities, services or supplies,
governmental action, computer viruses, corruption of data, hacker attack,
incompatible or defective equipment, software or services or otherwise. Nothing
herein enlarges any warranty or diminishes any disclaimer under this
Agreement.
NO OUTSIDE CONTACTS.
Because of the uncertainty
and lack of uniformity of laws in other jurisdictions (particularly as applied
to Internet sites), it is important to agree that our Service operates solely in
California (our "Locality"). You are using the Internet as your own agent to
access and use our Service from the local Internet point of presence (POP) here
in our Locality and you are using the Internet or public carrier as your local
agent to take delivery of any information, products or services in our Locality.
This means all operations, services, deliveries, performance and contacts of our
Service occur solely in our Locality. Our Service does not submit to personal
jurisdiction anywhere else and you irrevocably waive any claim to the
contrary.
INJUNCTIVE RELIEF.
If you violate or exceed the
scope of this Agreement or infringe our proprietary rights, you agree we would
be irreparably harmed and may (in addition to other relief and without having to
post bond) obtain a court order enjoining your from further
mischief.
GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED
BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF CALIFORNIA (USA),
WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND
MAINTAIN ANY LEGAL ACTION IN SUCH DESIGNATED STATE/LOCALE AND IRREVOCABLY
CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE
RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT
TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District
Courts can hear cases involving copyright issues between us. Since we make no
warranties and have limited our liabilities, you should have little reason to
have a grievance with us. Should you nevertheless bring legal action against us,
you irrevocably agree it will be brought and maintained within one (1) year
after the claim arises or be barred. As disincentive for unwarranted litigation,
you agree that if you sue us and don't win on the merits, you will pay our
defense costs, including reasonable legal fees for in-house and outside counsel.
If we are required to enforce this Agreement or our rights, you agree it is
reasonable to send you legal notices and papers by electronic mail at your
stated address (we would also attempt to send you a backup copy by regular
mail).
TECHNOLOGY & DATA
TRANSFER.
Technology Transfer.
The transport of technology, technical data and information across national
boundaries is regulated by the U.S. and certain foreign governments. You agree
not to directly or indirectly export or re-export any information, software or
technology obtained from or through the Service that requires an export license
or governmental approval without first obtaining that license or approval. This
provision will survive termination of our
Agreement.
European Union
Residents. If you reside in the European Union (EU) or if any transfer
of information between you and our Service is governed by the European Union
Data Protection Directive or national laws implementing that Directive, then you
consent to the transfer of such information outside of the European Union to
your country and to such other countries as may be contemplated by the features
and activities provided by the Service.
U.S. GOVERNMENT RESTRICTED
RIGHTS.
To the extent used by U.S. government personnel: this is a
computer data base that constitutes restricted computer software and is provided
with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is
subject to restrictions as set forth in the Commercial Computer Software clause
at DFARS 227.7202-3 or subparagraphs (c)(1) and (2) of the Commercial Computer
Software- Restricted Rights clause at 48 CFR 52.227-19, as applicable.
Contractor is Peacekeeper Enterprises, LLC., 2600 L Street., Bakersfield, CA 93301
RELATIONSHIP OF
PARTIES.
There are no third party beneficiaries of this Agreement.
The parties are independent to one another and are not related by franchise,
partnership, employment, joint venture or otherwise. This Service is not a party
to any transaction between you and any third party advertisers or suppliers. You
will look solely to the third party for all claims regarding their goods,
services or information.
RIGHT TO RELY ON INSTRUCTIONS.
The
Service may act in reliance upon any instruction, information, document, filing,
name, email address or user password that meets the Service's automated criteria
or which is believed by the Service's personnel to be genuine. For any password
protected areas, the Service may assume a person entering a user name address
and associated password is, in fact, that user or is authorized by that user to
act on its behalf. The Service may assume the latest email addresses and
registration information on file with the Service are accurate and current. When
programmed to do so, the Service may take prescribed actions in the absence of
receiving proper and complete contrary instructions.
CHANGES TO
SERVICE.
We reserve the right to modify, change or discontinue the
Service or any feature at any time without notice. You agree that the Service is
not liable to you or to any third party as a result of any such action. We
invite users to make suggestions for ways that the Service can be improved. If
you make a suggestion, you authorize us to use the idea and to publish your name
in connection with the submission. We do not pay compensation for using
submissions.
TERMINATION.
Either party may terminate this
Agreement in their sole discretion, at any time with or without cause and
regardless of the stated registration period otherwise applicable. We reserve
the right to suspend or terminate operation of this Service, or any feature of
this Service, at any time upon notice. Protections afforded to us and to third
parties by this Agreement will survive termination. If this Agreement is
suspended or terminated as a result of unauthorized use or infringement of
rights to Content obtained from the System, you agree that upon request, you
will destroy all copies of such Content in your possession or under your
control.
NOTICE TO CALIFORNIA RESIDENTS.
Under California
Civil Code Section 1789.3, California residents are entitled to the following
specific consumer rights
information.
Pricing Information:
There are no current fees for using the FriendSurfer Service.
The Service reserves the right to change fees, surcharges
or to institute new fees at any time, as provided in this
Agreement.
Complaints: The
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 1020 North Street,
Suite 501, Sacramento, CA 95814, or by telephone at (916)
445-1254.
MISCELLANEOUS.
This document reflects our entire
and exclusive agreement and supersedes all other agreements regarding this
subject matter, whether written or verbal. We reserve the right to change this
Agreement at any time by posting a new version on the Service. Your continued
use of this Service after the effective date of such amendment will constitute
your acceptance of it. Any other amendment to this Agreement shall be in a
pen-and-ink signed writing, regardless of any course of conduct or trade
practice between us. This electronic document or a hardcopy duplicate in good
form shall be considered an original document admissible into evidence unless
the document's authenticity is genuinely placed in question. We reserve the
right to assign this Agreement or delegate responsibility to any third party,
including a party acquiring any of our operating assets or ownership interests.
All licenses or permissions granted to you by this Agreement are personal in
nature and may not be assigned, sublicensed or otherwise transferred and any
attempt to the contrary is void. Any provision of this Agreement found by a
court to be illegal or unenforceable shall automatically be deemed conformed to
the minimum requirements of law and shall thereupon be given full force and
effect as so modified. Waiver of a provision in one instance shall not preclude
our enforcement of it on future occasions. Headings are for reference purposes
only and have no substantive effect.
NOTICE OF COPYRIGHT INFRINGEMENT
PROCEDURES.
If you believe content on our Service infringes your
copyrighted work and you want the Service to take down the offending
material, you will need to complete the following Notice of Copyright
Infringement and mail or fax it to our Registered Agent (do not use this
procedure for any other kind of communication):
Mail or Fax it to
us:
Copyright
Agent
Pulado,
Inc.
2600 L Street
Bakersfield, CA 93301
Fax it
to: 661-869-1726
Notice of Copyright
Infringement
I certify under the
penalty of perjury that I own or am authorized to act on behalf of the owner of
the copyrighted work identified below. I believe in good faith that the
copyrighted work has been used on your Service without authorization by the
owner, its agents or according to law. I ask that you remove or block access to
the infringing material.
Name of Copyright
Owner:
Description of Copyrighted
Work:
Description of Infringing
Material:
Location of Infringing Material:
I
can be contacted as follows:
My
Name:
My
Title:
Company:
Address:
Address:
Telephone:
Fax:
Email:
I
certify under the penalties of perjury that the foregoing is true and correct to
the best of my information, knowledge and belief.
Signed:
Date:
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