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HUMANIPLEX.COM is a social networking service that allows Members to create unique personal profiles to find and communicate with old and new friends. HUMANIPLEX.COM is intended for and restricted to persons eighteen (18) years of age or older. HUMANIPLEX.COM consists of member created web logs ("blogs"), photo sharing, classified advertisements, private messaging, and member created private clubs: HUMANIPLEX.COM does not create nor is it responsible for any member created content. HUMANIPLEX.COM may contain adult content and sexually explicit material. By agreeing to this agreement and accessing this site, you agree that you do not find adult content offensive or objectionable, that the standards of your community do not find such content offensive or objectionable, that you are at least eighteen (18) years of age or the minimum age in your jurisdiction to view and purchase adult materials, whichever is greater, that accessing such content from your current location is entirely legal, that by accessing this site you are not breaking or violating any law, statute, ordinance, regulation, code, or other legislation in your jurisdiction, and that your access to this site is completely voluntary and by your informed and explicit choice to do so. Terms of Use Agreement This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of HUMANIPLEX.COM. By using or accessing HUMANIPLEX.COM, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse HUMANIPLEX.COM, including through a mobile device, or otherwise use HUMANIPLEX.COM without being registered) or you are a "Member" (which means that you have registered with HUMANIPLEX.COM). The term "User" refers to a Visitor or a Member. You are only authorized to use HUMANIPLEX.COM (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave HUMANIPLEX.COM and discontinue use of HUMANIPLEX.COM. HUMANIPLEX.COM may modify this Agreement from time to time and such modification shall be effective upon posting by HUMANIPLEX.COM on the HUMANIPLEX.COM Website. Your continued use of HUMANIPLEX.COM after HUMANIPLEX.COM posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on or through HUMANIPLEX.COM and that you provide to other Users. HUMANIPLEX.COM does not monitor the content of HUMANIPLEX.COM and is not responsible for the content of any user supplied content. The operators of HUMANIPLEX.COM reserve the right to delete or not delete any blog message or data for any or no reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless HUMANIPLEX.COM, and their agents with respect to any claim based upon transmission of or publication of your message(s) and/or blog post(s). HUMANIPLEX.COM reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of HUMANIPLEX.COM at any time, for any or no reason, with or without prior notice or explanation, and without liability. HUMANIPLEX.COM expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of HUMANIPLEX.COM if HUMANIPLEX.COM determines, in its sole discretion that you have violated this Agreement or pose a threat to HUMANIPLEX.COM and/or its Users. HUMANIPLEX.COM is moderated by the HUMANIPLEX.COM community, which is comprised of all of HUMANIPLEX.COM members (the "Community"). The Community can vote to delete any message or classified advertisement you create at HUMANIPLEX.COM. The Community can also vote to suspend or terminate your account at HUMANIPLEX.COM. By accessing HUMANIPLEX.COM, you expressly agree to be bound by the Community moderation system, including the possible suspension and/or termination of you HUMANIPLEX.COM account. Once a member of HUMANIPLEX.COM, you will have the ability to obtain enhanced services by purchasing FX Points. You understand that if the HUMANIPLEX.COM Community votes to terminate your Humaniplex.com account or if HUMANIPLEX.COM terminates your account because you have violated this Agreement, you will receive no refund for any funds paid for FX Points. If you have used FX Points to add enhancements to an advertisement that the HUMANIPLEX.COM community votes to delete or that is deleted by HUMANIPLEX.COM for violating this Terms of Service Agreement, you will receive no refund for any funds paid for the FX Points. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify HUMANIPLEX.COM immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. HUMANIPLEX.COM does not claim any ownership rights in the text, files, images, photos, or any other materials (collectively, "Content") that you post on or through HUMANIPLEX.COM. By posting your Content on HUMANIPLEX.COM, you grant to HUMANIPLEX.COM a nonexclusive license to use such content in any manner HUMANIPLEX.COM deems appropriate. The license you grant to HUMANIPLEX.COM is fully-paid and royalty-free (meaning that HUMANIPLEX.COM is not required to pay you for the use on HUMANIPLEX.COM of the Content that you post), sub licensable (so that HUMANIPLEX.COM is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the HUMANIPLEX.COM Services), and worldwide (because the Internet and HUMANIPLEX.COM are global in reach). You represent and warrant that: (i) you own the Content you post on HUMANIPLEX.COM, and (ii) the posting of your Content on HUMANIPLEX.COM does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on HUMANIPLEX.COM, and to indemnify and hold harmless HUMANIPLEX.COM for any claims that may arise through your unlicensed or unauthorized posting of any content on HUMANIPLEX.COM whatsoever. HUMANIPLEX.COM respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. HUMANIPLEX.COM has the right to terminate the Membership of infringers. You expressly agree that you will not post or link to any photographs or pictoral representations of any person under the age of eighteen (18) years of age, including the use of photos or graphical representations through methods such as hotlinking. This includes all representations, including but not limited to photographs, .gif images, drawings, cartoons, Hentai, anime, and animated images. This also includes any such images where the subject is at least eighteen (18) years of age but, through the use of make up, costumes, outfits, poses, props, or by any other means appears to be less than eighteen (18) years of age or is attempting to appear less than eighteen (18) years of age. Any Content in violation of this policy as solely determined by HUMANIPLEX.COM can be removed without notice and/or any user violating this policy may have his or her account terminated immediately. HUMANIPLEX.COM may contain Content of Users and other HUMANIPLEX.COM affiliate sites. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on HUMANIPLEX.COM. HUMANIPLEX.COM may provide your user account data to HUMANIPLEX.COM affiliate sites but HUMANIPLEX.COM will not provide any identifiable information or any contact information for you, including the e-mail address you provide to HUMANIPLEX.COM at time of registration. HUMANIPLEX.COM may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of HUMANIPLEX.COM violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. You hereby agree that you will not use HUMANIPLEX.COM for any illegal purpose, including but not limited to promoting or marketing any illegal goods or services. HUMANIPLEX.COM assumes no responsibility for monitoring HUMANIPLEX.COM for inappropriate Content or conduct. If at any time HUMANIPLEX.COM chooses, in its sole discretion, to monitor HUMANIPLEX.COM, HUMANIPLEX.COM nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on HUMANIPLEX.COM and any material or information that you transmit to other Members and for your interactions with other Users. You are solely responsible for your interactions with other HUMANIPLEX.COM Members. HUMANIPLEX.COM reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members. HUMANIPLEX.COM is not responsible for and makes no warranties of any kind as to the User Content or the accuracy and reliability of the User Content posted on HUMANIPLEX.COM and such User Content does not necessarily reflect the opinions or policies of HUMANIPLEX.COM. Profiles and third party applications created and posted by Members on HUMANIPLEX.COM may contain links to other websites. HUMANIPLEX.COM is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by HUMANIPLEX.COM. Inclusion of any linked website on HUMANIPLEX.COM does not imply approval or endorsement of the linked website by HUMANIPLEX.COM. When you access these third party sites, you do so at your own risk. HUMANIPLEX.COM takes no responsibility for third party advertisements or third party applications that are posted on or through HUMANIPLEX.COM, nor does it take any responsibility for the goods or services provided by its members. HUMANIPLEX.COM is not responsible for the conduct, whether online or offline, of any User of HUMANIPLEX.COM. HUMANIPLEX.COM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. HUMANIPLEX.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, failure of any email or players due to technical problems or traffic congestion on the Internet or on HUMANIPLEX.COM, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with HUMANIPLEX.COM. Under no circumstances shall HUMANIPLEX.COM be responsible for any loss or damage, including personal injury or death, resulting from use of HUMANIPLEX.COM, from any User Content posted on or through HUMANIPLEX.COM, or from the conduct of any Users of HUMANIPLEX.COM, whether online or offline. HUMANIPLEX.COM is provided "AS-IS" and as available and HUMANIPLEX.COM expressly disclaims any warranty of fitness for a particular purpose or non-infringement. HUMANIPLEX.COM cannot guarantee and does not promise any specific results from use of HUMANIPLEX.COM. IN NO EVENT SHALL HUMANIPLEX.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF HUMANIPLEX.COM, EVEN IF HUMANIPLEX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HUMANIPLEX.COM'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HUMANIPLEX.COM FOR HUMANIPLEX.COM SERVICES DURING THE TERM OF MEMBERSHIP. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. You and HUMANIPLEX.COM agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or Humaniplex.com Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT. You agree to indemnify and hold HUMANIPLEX.COM, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of HUMANIPLEX.COM in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through HUMANIPLEX.COM that causes HUMANIPLEX.COM to be liable to another. This Agreement is accepted upon your use of the HUMANIPLEX.COM Website and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Humaniplex.com regarding the use of Humaniplex.com Services. The failure of HUMANIPLEX.COM to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
AGREE
DISAGREE