Welcome to FriendCircles.com, an online community of friendizens (members)  that connects people through circle of friends networks and groups to meet, share ideas and more via the internet, which is a service owned and operated by FriendCircles.com.  By using this service and the online connection, you agree to be bound by this Terms of Use regardless of your member status.  If you select to become member and use the FriendCircles.com online services, read this Terms of Use, and ensure you accept the terms by following the instructions at the Sign Up page.

This Terms and Conditions Agreement is legally binding for your use of these online services and your membership guidelines.  FriendCircles.com withholds the right to modify this agreement at will, with all modifications being posted on this website immediately following revisions.  This Agreement includes FriendCircles.com Acceptable Use Policy for Content Posted on the Website, FriendCircles.com Privacy Policy, and any notices regarding the Website.

Subject: Terms of Use Agreement Conditions:

1.                  Eligibility - You must be thirteen (13) or over to register as a member of FriendCircles.com or use the online services.  Online membership is void where prohibited.  By using the online services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

2.                  Term - This Agreement will remain in full force and effect while you use the online services or subscribe to member activities.  You may terminate your membership at any time for any reason by following the instructions on the Help Pages.  You may also communicate your termination with FriendCircles.com via a written or email notice.  FriendCircles.com may terminate your membership for any reason at any time.  Termination is in effect upon sending a notice to you at the email address you provide in your application for membership.  Please note, if your email address should change, we need to be notified of such to ensure we can contact you, if needed.  If FriendCircles.com terminates your membership for online services because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees.  If, and when, this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement indefinitely.

3.                  Non-Commercial Use by Members - These online services are for the personal use of individual Members only and may not be used in connection with any commercial endeavors.  Organizations, companies, and/or businesses may not become Members and cannot use these online services or the Website for any purpose.  Illegal and/or unauthorized uses of these services, including collecting usernames and/or email addresses of Members by electronic or any other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken to the fullest extent of the law.

4.                  Proprietary Rights in Content - FriendCircles.com owns and retains all proprietary rights on the internet site and the online services.  The internet site contains the copyrighted material, trademarks, and other proprietary information of FriendCircles.com and its licensors.  With the exception of public domain information, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.  All public domain information replication, interpretation and/or manipulation may only be altered or used with expressed written permission.

5.                  Internet Site Content

a.                  You understand and agree that FriendCircles.com may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of FriendCircles.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of  its subscribed members.

b.                You are solely responsible for the internet site content that you publish or display (hereinafter, "post") on the site and/or transmit to other recipients of online services.

c.               By posting online content to any public area of FriendCircles.com, you automatically grant FriendCircles.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and authorize sublicenses for any future transactions.

d.                  The following is a partial list of the kind of Content that is illegal or prohibited on the internet site.  FriendCircles.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the online services and the termination of all of such violators.  It includes internet site content of the following statements:

                                                          i.                 Irrefutably offensive to the online community, such as Content that promotes racism, bigotry,hatred or physical harm of any kind against any group or individual

                                                        ii.                      Harasses or advocates harassment of another person

                                                      iii.                      Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"

                                                       iv.                      Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous

                                                         v.                      Promotes an illegal or unauthorized copy of another person’s copyrighted work, including the provision of pirated computer programs or associate hyperlinks

                                                       vi.                      Included is the submittal of information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files

                                                     vii.                      Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)

                                                   viii.                      Discloses material that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18) for any reason

                                                       ix.                      Provides instructional information about illegal activities such as making or buying illegal weapons, chemical compound concoctions, violating privacy, or providing or creating computer viruses

                                                         x.                      Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or subscribers

                                                       xi.                      Engages in commercial activities and/or sales without the prior written consent from FriendCircles.com, such as contests, sweepstakes, barter, advertising and pyramid schemes

                                                       xii.                      Displays pornographic or sexually explicit material of any kind

                                                       xiii.                      Solicits people you don't know to add you or accept you as a friend on FriendCircles.

                     Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

e.                  All online services will be used in a manner consistent with any, and all applicable laws and regulations

6.                  Copyright Policy – It is not acceptable to post, distributed, or reproduce in any way any copyrighted material, trademarks, service marks, or any other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.  Copyright complaints that constitutes copyright infringement, please provide our Copyright Agent with the following information:

a.                  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

b.                  A description of the copyrighted work that you claim has been infringed upon

c.                  A description of where the material that you claim is infringed upon is located on the internet site

d.                  Address, telephone number, and an email address

e.                  A written statement entailing a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

f.                    A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

g.                  FriendCircles.com’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

                                                              i.                  General  Counsel, FriendCircles.com, c/o Box 341451, Palms Station, LA, CA 90034-9998, USA

7.                  Premium Memberships and Top-Ups – Premium Membership upgrades and Top-Ups are charged in full at the time of purchase or renewal and are non refundable even if membership is terminated.

8.                  Member Disputes – All Member disputes should be managed at the level in which they reside.  FriendCircles.com reserves the right, but has no obligation to mediate disputes between members for any reason.

9.                  Privacy – use of the site and online services is also governed by the Privacy Policy.  Please view the policy to understand adequately the policy standards of FriendCircles.com.

10.             Disclaimers – FriendCircles.com is not responsible for any incorrect or inaccurate content posted on the internet site.  Furthermore, application or programming errors caused by related or unrelated actions by Members are not the responsibility of the online service provider (ISP).  FriendCircles.com is not responsible for the conduct, whether online or offline, or any user of the site or online services regardless of membership status.  FriendCircles.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, network failure, theft, or destruction or unauthorized access to, or alteration of, user of Member data transfer.  FriendCircles.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, hardware, failure of email or players on account of technical problems or traffic congestion on broadband connections or at any site or combination thereof, including injury or damage to users and/or Members or to any other Member or non-member computer related to or resulting from participating or downloading materials in connection with the site or online services.  Under no circumstances will FriendCircles.com be responsible for any loss or damage, including personal injury, physical or mental, or death, resulting from any use of the site or online services.  Moreover, FriendCircles.com will hold no responsibility for any site content or content transmitted to Members, or any interactions between users of the website, whether online or offline.  The site and online services are provided “AS-IS” and FriendCircles.com expressly disclaims any warranty of evaluation for a particular purpose of non-infringement.  FriendCircles.com cannot guarantee and does not promise any specific results from use of the site or online services.

11.             Limitation on Liability – Except in jurisdictions where such provisions are restricted, in no event will FriendCircles.com be liable to you or any third-party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits arising from your use of the site or online services, even if FriendCircles.com has been advised of the possibility of such damages.  Notwithstanding, anything to the contrary contained herein, FriendCircles.com’s liability to any Member or non-member for any cause whatsoever, and regardless of the form of the action or incident, with at all times be limited to the amount paid, if any, by Members to FriendCircles.com for the services subscribed to within the allotted membership commitment timeframe.

12.             U.S. Export Controls – Software from this site (the “Software”) is further subject to United States export controls.  No Software may be downloaded from the site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the United States has embargoed goods, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or in the U.S. Commerce Department’s Table of Deny Orders.  By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list at any time.

13.             General Disputes – Any disputes about or involving the internet site and/or the online services, as you agree to, based on your membership, will be governed by the laws of the Homestate of FriendCircles.com's Parent company.  You agree to personal jurisdiction by and venue in the state and federal courts of the Home State of FriendCircles.com's Parent Company.

14.             Indemnity – You agree to indemnify and hold FriendCircles.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of these online services in violation of this Agreement and/or arising from a breach of this Agreement and/or breach of your representations and warranties set forth above.

15.             Other – This Agreement, accepted upon use of the site and online services and further affirmed by becoming a Member of the service, contains the entire Agreement between the Member and FriendCircles.com regarding the use of the site and online services.  If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

16.         Sub-Domains / Handles / Group Handles - FriendCircles reserves the right to take back / revoke / substitute any sub-domains / handles / group handles provided to you for your personal homepage use or group's homepage use such as  yourusername.friendcircles.com or yourgroup.friendcircles.com at any time by providing you with a one (1) week email notice.

Please contact FriendCircles with any questions regarding this Agreement.  FriendCircles.com, Circle of Friends, Friendizens are all trademarks of EzerNet Inc.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE LISTED PROVISIONS CONTAINED HEREIN.