TrintMe TERMS OF SERVICE
These terms were last updated on May 2012.
PLEASE READ THE FOLLOWING TERMS OF SERVICE ("TERMS
") CAREFULLY AS THEY GOVERN YOUR USE OF THE TRINTME
"), A SERVICE FOR PEOPLE TO EXPRESS THEIR TRUE INTENTIONS FOR OTHERS WITHOUT THE FEAR
OF REJECTION, EMBARRASSMENT OR BAD TIMING. THE SERVICE IS MADE AVAILABLE TO YOU BY SOCIAL INTENTIONS, INC.
"). YOU MAY ACCESS THE SERVICE THROUGH THE WEB SITE LOCATED AT WWW.TRINTME.COM OR WWW.TRINT.ME
"). BY CLICKING THE "ALLOW" WHEN YOU REGISTER FOR YOUR TRINTME ACCOUNT, OR BY OTHERWISE ACCESSING
AND USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS
UNWILLING TO ALLOW YOU TO, AND YOU MAY NOT AND MUST NOT ACCESS OR USE, THE SERVICE, CONTENT (AS DEFINED BELOW) OR SITE.
Social Intentions may take any legal action against you to enforce these Terms or to prevent the breach of these Terms,
including, without limitation, seeking equitable remedies or using technical means at its disposal. In addition to any
other legal, equitable or technical rights and remedies that it may have, Social Intentions may without limitation,
immediately terminate your use of the Service if Social Intentions believes in its sole discretion, that you are violating
these Terms or that you intend to do so.
Eligibility - Minimum Age. You must be at least 18 years old to use the Site and to register for the Services. By registering to the
Services, you represent and warrant that you are at least 18 years old.
Your Privacy. Any personally identifiable information that Social Intentions collects, either directly from you or from
social networks like Facebook or other email service providers with your permission, will only be used in accordance with the terms of our
unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data
security measures can guarantee 100% security all of the time.
Changes to Service. Social Intentions may at any time, and in its sole discretion, add, modify, discontinue, remove,
or suspend any part of the Service, Content or Site, either temporarily or permanently, without notice and without liability
to you. You hereby agree that such activities may occur at Social Intentions' sole discretion, and Social Intentions may
require you to agree to such changes before permitting you to continue to use the Service, Content and Site.
Changes to Terms. Social Intentions may add to, change, or remove any part, term or condition of these Terms and/or the Privacy
changes. However, you will be notified of any material changes to these Terms through notices that will be prominently displayed to you
the first time you access or use the Service after a change has been made, or by e-mail sent to your registered e-mail address and your
continued use of the Service after notification of such changes, constitutes your agreement to such changes. You will be notified of changes
TrintMe Account. In order to use the Service, you must register with Social Intentions to open a TrintMe account
("Account") using your existing Facebook account and Facebook log-in credentials ("Facebook Password") by utilizing the
"Facebook Connect" functionality available on this Site. Notwithstanding the foregoing, you agree that your use of the
without limitation, Facebook's password and account security policies related to Facebook Passwords and accounts. You are
responsible for maintaining the security and confidentiality of the information you hold for your TrintMe Account, your
TrintMe Password (which may or may not be a separate password than Facebook password) and Facebook Password (collectively,
"Passwords"), and you are responsible for all activities that occur using your Passwords, including but not limited to
those activities that occur as a result of your failure to keep that information and the Passwords secure and confidential.
You agree not to share your Passwords, let anyone else access your Passwords or do anything else that might jeopardize the
security of your Passwords. You agree to notify Social Intentions if any of your Passwords on this Site is lost, stolen or
disclosed to an unauthorized third party, if there is any unauthorized use of your Passwords on this Site or if you know
of any other breach of security in relation to this Site. You may be held liable for losses incurred by Social Intentions
or any third party due to someone else using your Account, Facebook user name or Passwords as a result of your failing to
keep your Account information secure and confidential.
You represent and warrant that: (a) all information you submit in connection with the opening and use of your Account,
including without limitation, your name, your date of birth, your email address is true, accurate, current, and complete;
(b) you will promptly notify us if your information changes so that we can update our records; (c) you are aged 18 or
older; the Service is not intended for persons under 13, and in accordance with the Children's Online Privacy Protection
Act of 1998, if we discover that a child under the age of 13 has provided us with personally identifying information, we
will remove it from our systems immediately; and (d) your use of the Service does not violate any applicable law, rule or
regulation. Social Intentions representatives will never ask you for your password. You are strictly prohibited from using
anyone else's TrintMe account or Passwords (which may or may not be the same as Facebook password) at any time and for any
reason. Social Intentions is not liable to you or any third party for your failure to comply with your obligations under
The Service allows you to express your intentions for your friends and acquaintances that have registered as a Facebook
user (a "User"). You express your intention by setting a "Trint", which is Social Intentions' name for an expressed true
intention for a User . Each Trint will remain in effect for thirty (30) days once you set a Trint for a User; the Trint
will expire at midnight Pacific Time on the thirtieth (30th) day after the Trint is set. You will be notified via email
when there are seven (7) days and then one (1) day remaining on any Trint that you have set for another User. Social
Intentions may change the notification days and frequency at its discretion. You may set more than one Trint for a single
User without limit (meaning that you can express more than one true intention for the same User). The User for whom you
have set Trint(s) will not be notified that a Trint has been set to for them unless they have set a matching Trint (at
least one Trint for the same true intention) (a "Matching Trint"). When there is a Matching Trint, the Service will notify
each User about the Matching Trint and it will then be up to each User to contact each other. However, the display of any
particular intention must not be construed as an endorsement by Social Intentions or the TrintMe service of any particular
intention, and as described below, certain intentions may have certain legal requirements.
Interactions with Other Users.
CERTAIN ACTIVITIES MAY HAVE CERTAIN LEGAL REQUIREMENTS; FOR EXAMPLE, MEETING SOMEONE WHERE ALCOHOLIC DRINKS ARE SERVED MAY
REQUIRE THAT BOTH USERS BE OF LEGAL DRINKING AGE. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL APPLICABLE LAWS FOR
ANY INTENTIONS/ACTIVITIES THAT YOU MAY PARTICIPATE IN AS A RESULT OF THE SERVICE.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTENTIONS/INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT SOCIAL INTENTIONS DOES
NOT IN ANY WAY SCREEN ITS USERS, NOR DOES SOCIAL INTENTIONS INQUIRE INTO THE BACKGROUNDS OF ITS USERS. SOCIAL INTENTIONS
MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.
YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT SOCIAL
INTENTIONS MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH INDIVIDUALS YOU MEET
THROUGH THE SERVICE. SOCIAL INTENTIONS ASSUMES THAT THEY ARE YOUR FRIENDS/ ACQUAINTANCES AND AS SUCH YOU KNOW THEM AND
Fees. At this time, Social Intentions does not charge a fee to open an Account or use the Service. We will notify
you if we choose to introduce any fees, or change any payment terms, by using the notification procedures specified in
these Terms. You are solely responsible for any Internet, mobile device, carrier or other fees, charges or payments that
you incur in connection with your use of the Service, Content or Site. Certain fees may be non-refundable and Social
Intentions will clearly identify those fees to you before you are asked to make payment. You may pay for any fees charged
by Social Intentions using your PayPal account, credit card (which will be processed by PayPal and you are not required to
have a PayPal account) and Facebook credits. You are responsible for maintaining up to date PayPal or other financial
account information in order to make payments for your Account. All payments are payable in U.S. Dollars or Facebook
credits. Your purchase and use of Facebook credits is subject to the Facebook policies and procedures with respect to
Facebook credits. Social Intentions reserves the right to suspend or terminate your use of the Services, and access to
your Account, if you fail to pay any fees due in connection with your use of the Services. Any outstanding fees are
immediately due and payable upon termination of your use of the Services for any reason. To the greatest extent permitted
by applicable law, you hereby waive all claims relating to fees payable in connection with the Services
Permission to Use the Service & Proprietary Rights. The Service, Content and Site are made available to you for your
personal, non-commercial use only. No part of the Service, Content and Site may be copied, printed, reproduced,
republished, uploaded, posted, publicly displayed, encoded, translated, modified, exchanged, sold, transmitted, or
distributed in any way by you, or any third party on your behalf, for any business or commercial purpose. You may not
remove any copyright or trademark notices or other proprietary notice language found on the Content or Site or otherwise
used in connection with the Service. You hereby acknowledge and agree that Social Intentions and its licensors owns all
legal right, title and interest in and to the Service, Content and Site, including, without limitation, any and all
intellectual property and other proprietary rights which subsist in the Service, Content and Site (whether such rights are
registered or unregistered, and wherever in the world those rights may exist), and including without limitation, all
trademark, copyright, patent and trade secret rights, but excluding Your Content. Without limiting the foregoing, as
between you and Social Intentions, all content and other materials on the Site or otherwise associated with the Service,
including, but not limited to, graphics, user and visual interfaces, images, software (including, without limitation,
software contained in the Applications), applications, and text, as well as the design, structure, selection, coordination,
expression, "look and feel", and arrangement of the Service and Site and their content, and the domain names, trademarks,
service marks, proprietary logos, and other distinctive brand features found on the Site, or otherwise associated with the
Service (collectively, "Content"), are all owned by Social Intentions and its licensors, except for Your Content. You may
not use the Service, Content or Site except as expressly set forth in these Terms. Any unauthorized use of the Service,
Content or Site may violate copyright, trademark, trade secret, trade dress, or patent laws, or various other intellectual
property rights and unfair competition laws, the laws of privacy and publicity, and civil and criminal statutes. By making
them available through the Service, Content or Site, Social Intentions is not granting you any license to utilize its or
its licensor's domain names, trademarks, service marks, proprietary logos, and other distinctive brand features found on
or associated with, the Service, Content or Site. Any rights not expressly granted by Social Intentions in these Terms are
expressly reserved. There are no implied rights.
Restrictions on Use of the Service. You hereby represent and warrant that you will not: (a) attempt to gain
unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service,
or to any Social Intentions (or third party) server, by hacking, password "mining", or any other illegal means; (b) use
any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any
comparable manual process, to access, acquire, copy, or monitor any portion of the Service; (c) use any device, software
or routine to interrupt or interfere, or attempt to interrupt or interfere with, the proper operation and working of the
Service, Content or Site, or with any other person's use of the Service, Content or Site; (d) breach any security measures
implemented on or in the Service, Content or Site; (e) track or seek to trace any information on any other person who uses
the Service, or disclose any information relating to such users; (f) forge headers or otherwise manipulate identifiers in
order to disguise your identity, or the origin of any message or other communication that you send to Social Intentions in
connection with the Service; (g) pretend that you are, or that you represent, someone else, or impersonate any other person;
(h) use the Service, Content or Site for any illegal purpose, for soliciting the performance of any illegal activity, or as
otherwise prohibited by these Terms or applicable laws, rules or regulations; (i) copy, modify, create a derivative work of,
reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide,
maintain, or otherwise applicable to, the Service, Content or Site; (j) license, sublicense, sell, resell, transfer, assign,
distribute, or otherwise commercially exploit or make available to any third party, the Service, Content or Site; (k) use the
Service to send spam or otherwise duplicative or unsolicited messages in violation of any applicable laws, rules, or
regulations, including, without limitation, the CAN-SPAM Act; (l) use the Service to send or store infringing, obscene,
threatening, libelous, discriminatory, or otherwise unlawful or tortuous content, including, without limitation, material
harmful to children or material that violates any third party intellectual property, publicity, privacy, or other rights;
(m) interfere with or disrupt the integrity or performance of the Service, Content or Site or the data contained therein; or
(n) use the Service to send or store content containing software viruses, worms, Trojan horses or other harmful computer
code, files, scripts, agents or programs. The Service and Site is intended for personal use only and is not for commercial
use. You hereby agree that you will promptly notify Social Intentions if you become aware that the Service, Content or Site
is being used for any illegal or unauthorized purpose.
Content Provided by You.
The term "Your Content" means any and all materials, content and other information that you upload, transmit, store,
or otherwise make available to Social Intentions, other Service users or any third party through the Service, including
without limitation: (a) any pictures that you upload in connection with your questions; (b) any links to blogs or content
from blogs that you maintain; (c) any content that you include with an invitation when you use the invite-a-friend feature
of the Service; and (d) any other materials, content, communications, or other information that you provide to Social
Intentions or any third party through the Service. As between Social Intentions and you, you retain ownership of Your
Content; provided however, that you hereby grant Social Intentions a non-exclusive, perpetual, irrevocable, royalty-free,
fully-paid, worldwide, fully-sublicensable, fully-transferable license to use, modify, copy, distribute and display Your
Content to the extent necessary to provide the Service, including, without limitation, storing and retrieving Your Content,
making Your Content publicly available through the Service, adapting Your Content for technical display and transmission,
conforming Your Content to the limitation and terms of the Service, and any other use related to the maintenance, provision
and improvement of the Service, Content and Site.
You here represent and warrant that as a condition for Social Intentions permitting you to use the Service, Content and
Site, you will not use the Service, Content or Site to conduct any activity, or to upload, store, send or transmit any
materials, communications or other content, that: (a) interfere with anyone else's use of the Service, Content or Site;
(b) are defamatory, libelous, abusive, illegal, profane, indecent, pornographic, obscene, hateful, offensive, harassing,
or threatening in any way; (c) constitute or encourage conduct that would be considered a criminal offense or give rise
to civil liability, or otherwise intentionally or unintentionally violate any law, rule or regulation; (d) violate any
third party's copyright, moral right, trademark right, patent right, design right, trade secret right, or other any other
intellectual property or other proprietary or personal right; (e) infringe or interfere with the privacy or publicity
rights of any person; or (f) contain false, dishonest, or misleading statements of fact, or descriptions of the origin of
the material or the communication. You are responsible for ensuring that Your Content does not include: (i) nude,
partially nude or sexually suggestive photographs; or (ii) private information of any third party, including without
limitation, addresses, telephone numbers, e-mail addresses, social security numbers, bank account or credit card numbers,
or other personally identifiable information. You agree to pay all royalties, fees, and other monetary sums owing to any
person or entity by reason of Your Content. Without limiting the foregoing, you agree that you are strictly prohibited
from using the Service and Site to upload or transmit any pictures that include the image of any person other that
yourself or a public figure (e.g., an actor, politician or rock star), unless you have received the other person's express
prior written permission which you are required to provide to us if we request it.
You agree to comply with any additional rules and terms which are referred to on or through the Service, Content and Site,
applicable to questions, answers, discussions, postings, transmissions, and the like. Social Intentions may from time to
time, and in its sole discretion, monitor or review Your Content and other Content provided by other Service users;
provided however, that Social Intentions has no obligation to do so and Social Intentions assumes no liability or
responsibility arising from the activities, materials or communications associated with Your Content or the Content
provided by other Service users, or for any defamation, error, inaccuracy, libel, obscenity, or profanity in connection
therewith. Social Intentions may, at any time without notice and in its sole discretion, stop, modify, edit, or remove any
or all of Your Content or another Service user's Content for any or no reason, including but not limited to Content that
is defamatory, abusive, illegal, indecent, pornographic, obscene, hateful, offensive, harassing, or threatening in any way,
or that infringes or misappropriates a third party's intellectual property or other proprietary rights, or infringes a
third party's privacy rights or rights of publicity, or that otherwise violates these Terms or Social Intentions' policies
in any way.
You agree that you are solely and entirely responsible and liable for all activities conducted, and content, materials,
communications, and other information created, uploaded, posted, stored, sent, transmitted, and otherwise published by,
or on behalf of, you through the Service and Site, including, without limitation, Your Content, and irrespective of
whether such activities take place privately or publicly.
You understand that by using the Service, Content and Site that you may be exposed to activities, content, materials and
communications that you may find defamatory, abusive, illegal, indecent, obscene, hateful, offensive, harassing or
threatening, and that, in all respects, your use of the Service, Content and Site is at your own risk and discretion.
To the extent that you choose to make any of Your Content available to third parties, you understand that Your Content
will be made publicly available and may be viewed by other Service users and third parties. You should exercise appropriate
caution and use your own independent common sense judgment before publicly disclosing any of your personal information or
your image through the Service. Social Intentions has no responsibility or liability to you, or to any third party, in
connection with your public disclosure of your personal information or your image through the Service.
Social Intentions reserves the right, in its sole discretion, to limit the amount of Your Content that you are permitted
to submit to the Service. You may be prohibited from providing any of Your Content in excess of such limit, or you may be
required to pay a fee if you wish to increase your allocated storage capacity.
Feedback. If you send or transmit any communications, content or materials to Social Intentions by mail, e-mail,
telephone, or otherwise ("Feedback"), suggesting or recommending changes to our Service, Content or Site, including without
limitation, new features or functionality relating thereto, any comments, questions, suggestions, or the like, all such
Feedback is, and will be treated as, non-confidential and non-proprietary. This means that you give up any claim that the
use of such Feedback by Social Intentions or its agents violates any of your rights including, without limitation, your
intellectual property or other proprietary rights, moral rights, privacy rights, rights of publicity, rights to credit for
material or ideas, or any other right, including, without limitation, the right to approve the way Social Intentions uses
such Feedback. Any Feedback may be adapted, changed, copied, disclosed, licensed, posted, published, sold, transmitted, or
used by Social Intentions or its agents, anywhere in the world, in any medium, forever and without any attribution or
compensation to you. Furthermore, you hereby assign all right, title, and interest in, and Social Intentions is free to
use, without any attribution or compensation to you, any ideas, know-how, concepts and techniques, contained in the
Feedback, and all intellectual property and other proprietary rights embodied therein or applicable thereto, whether or
not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured,
licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. However, you agree
and understand that Social Intentions is not obligated to display, reproduce, distribute, or otherwise use any such ideas,
know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such display, reproduction,
distribution, or other use. You represent and warrant that: (a) you own the Feedback, or otherwise have the right to grant
the rights set forth in this paragraph; and (b) the Feedback that you provide does not violate the privacy rights, rights
of publicity, intellectual property or other proprietary rights, or any other rights of any person or entity.
Links to Third Party Web Sites. The Service, Content and Site may provide links to other web sites that are not
owned or operated by Social Intentions ("Third Party Web Sites"), including without limitation, web sites owned or operated
by Social Intentions sponsors and advertisers. Social Intentions provides these links to you as a convenience only, and
Social Intentions does not verify, make any representations concerning, or take responsibility for, such Third Party Web
Sites, or the products or services offered through such Third Party Web Sites, including, without limitation, the
truthfulness, accuracy, quality, or completeness of the content of, or activities conducted on, such Third Party Web Sites.
You should use your own independent common sense judgment before accessing and using such Third Party Web Sites, or
Third Party Web Sites, and you should review such Third Party Web Sites' privacy policies, terms and conditions and
business practices as they may be different to those of Social Intentions and it is your sole responsibility to comply
with such terms. Your dealings and communications with any third party in connection with the Third Party Web Sites are
solely between you and such third party. Any reference on the Site, or through the Service or Content, to any product,
process, publication, service or feature of any third party, by trade name, domain name, trademark, trade identity, service
mark, logo, manufacturer or otherwise, does not constitute or imply Social Intentions' endorsement or recommendation
thereof, and your use of any Third Party Web Site and any third party product, process, publication, service, or feature
is entirely at your own risk.
Social Intentions respects the intellectual property and other proprietary rights of others and has a policy of removing
content from the Service and Site that infringes third party copyrights and suspending and/or terminating the Account of
any user who uses the Service or Site in violation of copyright law, and where appropriate, blocking such user's access to
the Service and Applications.
If you are a copyright owner, or an agent thereof, and believe that your work is the subject of copyright infringement and
appears on our Site, or is being used or otherwise made available through the Service, you may submit a notification to us
pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent (designated below) with the
following information in writing: (a) your physical or electronic signature; (b) identification of the copyrighted work
claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably
sufficient to permit Social Intentions to locate such material; (d) information reasonably sufficient to permit Social
Intentions to contact you, such as an address, telephone number, and, if available, an e-mail address; (e) a statement
that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright
owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty
of perjury, that you are, or that you are authorized to act on behalf of, the owner of an exclusive right that is allegedly
infringed. Social Intentions' designated copyright agent to receive notifications of claimed infringement under the DMCA is:
Social Intentions, Inc.
Mountain View, CA 94040
Only DMCA or other copyright-related notices should be sent to the DMCA agent; any other communications sent to the DMCA
agent will be destroyed.
Infringement of Other Intellectual Property, Privacy, Publicity and Other Rights. Please use the procedure specified above
for all DMCA- and other copyright-related notices.
Social Intentions respects the intellectual property and other proprietary rights, the privacy rights, the rights of
publicity and other applicable rights of others and has a policy of removing content from the Service and Site that
infringes, violates or misappropriates such rights, and suspending and/or terminating the Account of any user who uses the
Service or Site in violation of applicable laws protecting such rights, and where appropriate, blocking such user's access
to the Service and Site.
If you believe that your intellectual property or other proprietary rights, your privacy rights, your rights of publicity
or your other applicable rights have been infringed, violated or misappropriated as a result of Content that appears on
our Site, or that is otherwise made available through the Service, you may submit a notification to us by providing our
intellectual property and other rights agent (designated below) with the following information in writing: (a) your
physical or electronic signature; (b) identification of the intellectual property or other right claimed to have been
infringed or misappropriated; (c) identification of the material that is claimed to be infringing, violating or
misappropriating or to be the subject of infringing, violating or misappropriating activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient to permit Social Intentions to locate such
material; (d) information reasonably sufficient to permit Social Intentions to contact you, such as an address, telephone
number, and, if available, an e-mail address; (e) a statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by you as the owner of the intellectual property or other right in question,
or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that
you are, the owner of the intellectual property or other right that is allegedly infringed, violated or misappropriated.
Social Intentions' designated intellectual property and other rights agent to receive notifications of claimed infringement,
violation or misappropriation of rights under this section is:
IP & Other Rights Agent
Social Intentions, Inc.
Mountain View, CA 94040
Only intellectual property and other rights-related notices should be sent to the intellectual property and other rights
agent; any other communications sent to the intellectual property and other rights agent will be destroyed. DMCA and other
copyright-related notices should be sent to the DMCA agent designated above.
EXCLUSION OF WARRANTY AND CONDITION.
YOUR USE OF THE SERVICE AND CONTENT IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. THE SERVICE, CONTENT AND SITE ARE FURNISHED
TO YOU "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND, AND ARE SUBJECT TO CHANGE WITHOUT
NOTICE. SOCIAL INTENTIONS, AND ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND THIRD PARTY SERVICE PROVIDERS, AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "SOCIAL
INTENTIONS PARTIES"): (A) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE; (B) DO NOT WARRANT THAT THE SERVICE, CONTENT OR SITE WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE
UPDATED, OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, WILL MEET ANY MINIMUM SERVICE LEVEL OR STANDARD OF
OPERATION, OR THAT ANY DEFECTS WILL BE CORRECTED; AND (C) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS
REGARDING THE USE OF THE SERVICE, CONTENT OR SITE, OR THE RESULTS OF THE USE OF THE SERVICE, CONTENT OR SITE. WITHOUT
LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR: (I) THE LOSS OF ANY OR ALL OF YOUR CONTENT; (II) ANY HARM, DAMAGES OR
LOSSES YOU SUFFER AS A RESULT OF YOUR RELIANCE ON, OR OTHER USE OF, ANY CONTENT THAT YOU ACCESS THROUGH THE SERVICE OR
SITE; OR (III) ANY HARM, DAMAGES OR LOSSES THAT YOU SUFFER AS A RESULT OF YOUR INTERACTION WITH ANY OTHER SERVICE USER(S).
YOUR SOLE REMEDY AGAINST THE SOCIAL INTENTIONS PARTIES FOR DISSATISFACTION WITH THE SERVICE, CONTENT AND SITE IS TO STOP
USING THEM. THIS LIMITATION OF REMEDIES IS A PART OF THE BARGAIN BETWEEN YOU AND SOCIAL INTENTIONS. NO ORAL OR WRITTEN
INFORMATION OR ADVICE GIVEN BY SOCIAL INTENTIONS, OR ANY PERSON ON BEHALF OF SOCIAL INTENTIONS, SHALL CREATE A WARRANTY OR
CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY AND CONDITION.
Some jurisdictions may not allow the exclusion and/or limitation of implied warranties or conditions, or allow limitations
on how long an implied warranty lasts, so the above limitations or exclusions may not apply to you. In such event, Social
Intentions' warranties and conditions with respect to the Service, Content and Site will be limited to the greatest extent
permitted by applicable law in such jurisdiction.
LIMITATION OF LIABILITY.
IN NO EVENT WILL THE SOCIAL INTENTIONS PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, COMPENSATION,
REIMBURSEMENT OR DAMAGES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO, THE USE, OR LOSS OF USE OF, THE SERVICE,
CONTENT, SITE, OR APPLICATIONS, OR THE USE OF THE RESULTS OF THE SERVICE, CONTENT OR SITE, LOSS OF PROFITS, OR OTHER LOSS,
OR FOR ANY OTHER REASON OF ANY KIND, WHETHER BASED ON CONTRACT OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT
LIABILITY), EVEN IF THE SOCIAL INTENTIONS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SOCIAL INTENTIONS PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES FOR BREACH OF ANY EXPRESS, IMPLIED
OR STATUTORY WARRANTY OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO
THE SERVICE, CONTENT OR SITE. IF, NOTWITHSTANDING THE FOREGOING, A SOCIAL INTENTIONS PARTY IS FOUND TO BE LIABLE TO YOU FOR
ANY DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH THESE TERMS, THE SERVICE, CONTENT OR SITE, THE RELEVANT SOCIAL
INTENTIONS PARTY'S TOTAL CUMULATIVE LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE GREATER OF: (A) ONE HUNDRED US DOLLARS
(US$100.00); AND (B) THE AMOUNT OF FEES, IF ANY, PAID BY YOU TO SOCIAL INTENTIONS DURING THE TWELVE (12) MONTH PERIOD
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE SOCIAL INTENTIONS PARTY'S LIABILITY.
Some jurisdictions may not allow the exclusion or limitation of incidental, special, consequential, or other damages, so
the above limitations or exclusions may not apply to you. In such event, Social Intentions' liability for such damages
with respect to the Service, Content and Site will be limited to the greatest extent permitted by applicable law in such
Release. To the greatest extent permitted by applicable law, you hereby release the Social Intentions Parties from and
against any and all demands, claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages,
costs, and expenses of any kind that arise from, out of, in connection with, or incident to, whether directly or indirectly,
your use of the Service, Content or Site.
Indemnification. You hereby agree to indemnify, defend and hold harmless the Social Intentions Parties (each an
"Indemnified Party"), from and against any and all liability and costs (including, without limitation, attorneys'
fees and costs) incurred by the Indemnified Party(s) in connection with any actual or alleged claim arising out of: (a)
your use of the Service, Content or Site; (b) any breach or alleged breach by you of these Terms, including, without
limitation, any false, misleading, inaccurate, or incomplete statements or other information provided by you concerning
the origin or ownership of Your Content, your Feedback, materials, or other information provided by you, or otherwise
relating to these Terms; (c) any use of Your Content, your Feedback, materials, or other information you submit to Social
Intentions in connection with the Service; (d) any breach or alleged breach by you of a third party's rights, including,
without limitation, the infringement or misappropriation of a third party's patent, copyright, trade secret or trademark
rights, or the violation of a third party's right of privacy or publicity; (e) any damage caused by or alleged to have been
caused by you to the Service, Content or Site; (f) any actual or alleged violation or non-compliance by you with any
applicable law, rule or regulation; or (g) your interactions with other Service users. Counsel you select for defense or
settlement of a claim must be consented to by the Indemnified Party(s) prior to counsel being engaged to represent you and
the Indemnified Party(s). You and your counsel will cooperate as fully as reasonably required, and provide such information
as reasonably requested, by the Indemnified Party(s) in the defense or settlement of any claim. The Indemnified Party(s)
reserves the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise
subject to indemnification by you. You shall not in any event consent to any judgment, settlement, attachment, or lien, or
any other act adverse to the interest of the Indemnified Party(s) without the prior written consent of the Indemnified
Governing Law and Venue. These Terms will be construed and enforced in all respects in accordance with the laws of the
State of California, without reference to its choice of law rules. Except as set forth below in this paragraph, the
federal and state courts seated in Santa Clara County, California, shall have sole and exclusive jurisdiction for all
purposes in connection with any action or proceeding that arises from, or relates to, these Terms and you hereby
irrevocably waive any objection to such exclusive jurisdiction. Notwithstanding the foregoing, Social Intentions may seek
injunctive or other equitable relief in any court of competent jurisdiction to protect its proprietary and other rights,
and you hereby submit to the exclusive jurisdiction of such courts and irrevocably waive any objection thereto on the basis
of improper venue, inconvenience of the forum or any other grounds. You agree that your breach of these Terms may result
in immediate and irreparable damage to Social Intentions for which there is no adequate remedy at law. The United Nations
Convention on Contracts for the International Sale of Goods shall not apply to these Terms, including, without limitation,
the Service, Content and Site. Furthermore, these Terms (including without limitation, the Service, Content and Site) will
not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions
Act (UCITA) or any other act derived from or related to UCITA. To the greatest extent permitted by applicable law, any
cause of action arising under these Terms must be commenced by you within one (1) year after the claim or cause of action
Jury Waiver Trial. TO THE EXTENT NOT OTHERWISE PROHIBITED BY APPLICABLE LAW, THE PARTIES HERETO WAIVE TRIAL BY JURY WITH
RESPECT TO ANY MATTERS ARISING UNDER OR RELATING TO THESE TERMS.
agreement between you and Social Intentions with respect to the Service, Content and Site (excluding any products,
services or features which Social Intentions may make available to you under a separate written agreement), and completely
supersedes, cancels and replaces any and all other written or oral agreements or understandings previously existing between
you and Social Intentions with respect to the Service, Content and Site. The failure of Social Intentions to exercise or
enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any part of
these Terms is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible
so as to maintain the intent of these Terms, and the other parts will remain in full force and effect.
Void Where Prohibited. The Site is administered from our offices located in California, however, the Site is operated from
the different locations of our third party service providers. Other web sites linked through the Service, Content and may
be administered and operated from various locations outside the United States of America. Social Intentions reserves the
right to limit, in its sole discretion, the provision of the Service, Content and Site, or features associated therewith,
to any person or geographic area. If you choose to access the Service, Content and Site from outside the United States of
America, you do so on your own initiative and you are solely responsible for complying with applicable local laws, rules
Notice. Any notice or other communications by Social Intentions relating to the Service may be made by letter,
e-mail or posting on the Site, and you hereby consent to receive notices and other communications in electronic form to
the extent permitted by applicable law.
Third Party Beneficiaries. These Terms shall not be interpreted or construed to confer any rights or remedies on
any third parties, except that each Social Intentions Party shall be a third party beneficiary hereunder and accordingly,
shall be entitled to directly enforce and rely upon any provision of these Terms that confers a right or remedy in favor
Assignment. Social Intentions may assign or transfer its rights, or delegate its performance, under these Terms to
one or more third parties in its sole discretion. You may not assign or otherwise transfer your rights, or delegate your
performance, under these Terms to any third party without in each and every case, Social Intentions' express prior written
Term and Termination. Social Intentions reserves the right to modify, interrupt, suspend or terminate the operation
of, or access to, the Service, Content and Site, or any portion of the Service, Content and Site, at any time, without
notice to you for any or no reason in its sole discretion. In addition, Social Intentions may suspend and/or terminate
your access to the Service, Content and Site (which will include the termination or suspension of your ability to access
Your Content), cancel your Account, and/or block your future access to the Service, Content and Site, without notice, if
you fail to comply with these Terms, and in such event, you must cease using the Service, Content and Site. In addition,
Social Intentions may notify the relevant law enforcement authorities or other third parties, of any illegal or other
prohibited conduct by you. You may stop using the Service, Content and Site at any time, which includes without limitation,
refraining from accessing or using the Service, Content and Site. You may terminate your account by notifying Social
Intentions at the address below. Upon receipt of your termination request, Social Intentions may request that you provide
a reason for termination or other Feedback on the Service; you are however under no obligation to do so. If at the time of
termination of your Account Social Intentions is collecting a fee for the use of the Service, you will not receive a refund
of that portion of the fees paid attributable for terminated Services or for any Trints that you have purchased and not
used. Upon termination of your use of the Service, Content and Site, you will be unable to access Your Content which will
in Social Intentions' discretion, be deleted, and you will have no recourse against the Social Intentions Parties for your
inability to use the Service, Content and Site. Any of your obligations under these Terms which by their nature are
intended to survive the termination of your use of the Service, Content and Site, shall continue to apply to you after you
cease to use the Service, Content and Site.
Export Restrictions. You may not and agree not to use, export or re-export any portion of the Service or Site made
available to you, or any Content or any copy or adaptation of such Content, in violation of any applicable laws, rules or
regulations, including but not limited to, United States of America export laws, rules and regulations. By downloading,
copying or using the Content, you represent and warrant that such download, copy or use is not in violation of any such
laws, rule or regulation.
Contact Us. You may contact us at the email addresses set forth below. However, we regret that we are unable to
respond to all enquiries that we receive. Please note that contacting Social Intentions does not mean that we have any
special relationship with, or responsibility to, you. Also, internet transmissions are never completely private or secure.
You understand that any message or information you send to Social Intentions electronically may be read or intercepted by
others, unless there is a special notice that a particular message is encrypted (sent in code). You acknowledge that you
send such electronic messages at your own risk.
Social Intentions, Inc.
Mountain View, CA 94040