DESCRIPTION OF SERVICE
TownsFinder ! provides users with access to a rich collection of
resources, including various communications tools, forums, shopping
services, search services, personalized content and branded programming
through its network of properties which may be accessed through
any various medium or device now known or hereafter developed (the
"Service"). You also understand and agree that the Service
may include advertisements and that these advertisements are necessary
for TownsFinder! to provide the Service. You also understand and
agree that the Service may include certain communications from TownsFinder!,
such as service announcements, administrative messages and the TownsFinder!
Newsletter, and that these communications are considered part of
TownsFinder! membership and you will not be able to opt out of receiving
them. Unless explicitly stated otherwise, any new features that
augment or enhance the current Service, including the release of
new TownsFinder! properties, shall be subject to the TOS. You understand
and agree that the Service is provided "AS-IS" and that
TownsFinder! assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service,
and that access may involve third-party fees (such as Internet service
provider or airtime charges). You are responsible for those fees,
including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
Please be aware that TownsFinder! has created certain areas on the
Service that contain adult or mature content. You must be at least
18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that
you are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of the United States
or other applicable jurisdiction. You also agree to: (a) provide
true, accurate, current and complete information about yourself
as prompted by the Service's registration form (the "Registration
Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete,
or TownsFinder! has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, Townsfinder! has
the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof).
TownsFinder! is concerned about the safety and privacy of all its
users, particularly children. For this reason, parents of children
under the age of 13. You certify that you are at least 18 years
old and that you are the legal guardian of the child/children listed
on the TownsFinder! Accordingly, as the legal guardian, it is your
responsibility to determine whether any of the Service areas and/or
Content (as defined in Section 6 below) are appropriate for your
child.
4. TOWNS FINDER! PRIVACY POLICY
You understand that through your use of the Service you consent
to the collection and use (as set forth in the Privacy Policy) of
this information, including the transfer of this information to
the United States and/or other countries for storage, processing
and use by TownsFinder! and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining
the confidentiality of the password and account and are fully responsible
for all activities that occur under your password or account. You
agree to (a) immediately notify TownsFinder! of any unauthorized
use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each
session. TownsFinder! cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section
5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages, tags, or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from whom such Content
originated. This means that you, and not TownsFinder!, are entirely
responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. TownsFinder! does not
control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will TownsFinder! be liable in any way for any Content, including,
but not limited to, any errors or omissions in any Content, or any
loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available
via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to,
a Yahoo! official, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content
that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content
that infringes any patent, trademark, trade secret, copyright or
other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as
shopping) that are designated for such purpose (please read our
complete Spam Policy);
upload, post, email, transmit or otherwise make available any material
that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to
engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies
or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited
to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
provide material support or resources (or to conceal or disguise
the nature, location, source, or ownership of material support or
resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section
219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection
with the prohibited conduct and activities set forth in paragraphs
a through m above.
You acknowledge that TownsFinder! may or may not pre-screen Content,
but that TownsFinder! and its designees shall have the right (but
not the obligation) in their sole discretion to pre-screen, refuse,
or move any Content that is available via the Service. Without limiting
the foregoing, TownsFinder! and its designees shall have the right
to remove any Content that violates the TOS or is otherwise objectionable.
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. In this regard, you
acknowledge that you may not rely on any Content created by TownsFinder!
or submitted to TownsFinder!, including without limitation information
in TownsFinder
! Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that TownsFinder! may access,
preserve and disclose your account information and Content if required
to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third parties; (d) respond to your requests
for customer service; or (e) protect the rights, property or personal
safety of Yahoo!, its users and the public.
You understand that the technical processing and transmission of
the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials
to be protected, and that use of these materials is subject to usage
rules set by TownsFinder! and/or content providers who provide content
to the Service. You may not attempt to override or circumvent any
of the usage rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials
provided on the Service, in whole or in part, is strictly prohibited.
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