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Socializr Terms of Service Agreement

Welcome to Socializr, a free web service for sharing event and party information with your friends. The Socializr service is operated by Socializr, Inc. ("We," "Us," or "Socializr").

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE:

The services offered at www.socializr.com ("Socializr"), are provided to you under the terms and conditions of this Socializr Terms of Service ("STOS"), and any operating rules or policies that may be published by Socializr at the URL: www.socializr.com (the "Service"). The STOS comprises the entire agreement between you and Socializr and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR USING SOCIALIZR, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use Socializr as long as you adhere to these Terms of Service.

2. ELIGIBILITY AND SERVICES VOID WHERE PROHIBITED:

You must be thirteen or older to register as a member or to use Socializr. Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

3. REGISTRATION AND PROFILE PAGE:

  1. REGISTRATION. You are required to register with Socializr if you want to create events, send messages or invitations, upload photos, automatically share events with your friends, utilize the Address Book, post messages to the Forums, create an Organization page, create a Design or create a Profile. In order to register with Socializr you must supply a valid email address, which will be used as a unique identifier for your account, and a password.
  2. PROFILE PAGE. Every registered Socializr user has a Profile page. In order to sign up for a free account, you will be required to supply a valid email address, a password, your zip code and answer a few questions. You may also add various types of additional information to your Profile, which will help other users know a little more about you. Access by Socializr users and site visitors to your profile information is determined by the Privacy Preferences you select in your Account Settings. Links to your Profile will be displayed on other pages at Socializr, such as event pages when you are on the guest list or are the creator of the event. Information from your Profile, including your public events, may be made publicly accessible, based on your Privacy Preferences.
  3. MESSAGES. When you sign up for a free Socializr account, you will be provided with a private internal messaging mailbox to receive system messages as well as messages from other users who may want to contact you, without you having to disclose your actual email address or other information. If and when you choose to send someone a message using the internal Socializr Messages feature, they will be informed of your email address.
  4. PHOTO GUIDELINES. When you set up a free Socializr account, you will have the opportunity to post photographs of yourself. These photographs should be of you and should be as awesome as possible. We will accept photographs which show yourself plus another adult person (spouse, family member, etc.) and/or your children. Your face should be clearly visible in the photo, unless you are extremely ugly and prefer to wear a paper bag over your head. We will also accept a graphic containing a logo, provided that you are the copyright owner. Photographs may not contain images of children (anyone under the age of 13) alone, cartoons, comics, celebrities, nudity, artwork, obscene or otherwise inappropriate images (as determined in Socializr's sole discretion). Photographs containing only animals are silly, but if you want to annoy your friends by showing up as a picture of an animal on event guest lists, go for it. For security and privacy reasons, you should not upload any photographs that contain contact information such as names, phone numbers, email addresses, or web site URLs. All photographs submitted to Socializr are subject to review and, if deemed by Socializr to violate this STOS, removal. Offensive content is not permitted in any form. By posting a photograph you warrant and represent that you own all right, title and interest to that photograph and to all images and likenesses contained in that photograph and you authorize Socializr to distribute that photograph as part of the Socializr Service. If you see any photographs on Socializr that do not conform to this policy, please notify us by emailing us at abuse@socializr.com.
4. DESCRIPTION OF SERVICE:

Socializr provides Users with a variety of online services, including but not limited to:

  1. PRIVATE EVENTS. A private event is a private social gathering or get-together hosted and attended by a group of people in the same social network (friends, family and/ or associates). If you want to send a Socializr invitation to a private event, you must be registered with Socializr (see Registration above).
  2. PUBLIC EVENTS. A public event is a social gathering or get-together that is open to all members of the Socializr community. All public events may be searchable on the Socializr web site. Some examples of public events may include: concerts, mixers, happy-hours, book readings, bar and restaurant openings, etc. You must sign up for a free Socializr account in order to post a public event.
  3. DESIGNS. Using our Create Your Own Design feature, users can upload images and choose colors for use on a Socializr invitation. Designs may also be shared with friends or other Socializr users.
  4. ADDRESS BOOK. Your Address Book consists of contact information such as name, and email address you have either added yourself or requested from another Socializr user. You may import addresses from other address books from Microsoft Outlook or other web sites.
  5. OTHER FEATURES. You may also create event photo albums and conduct various other tasks through the service. In order to use any feature of the Service not described above, you may be required to register for a free Socializr account (see above).
5. EVENT DISCLAIMERS AND LIMITATION OF LIABILITY: YOUR PARTICIPATION IN ANY PUBLIC OR PRIVATE EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING SOCIALIZR YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. SOCIALIZR HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING SOCIALIZR, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARTIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE SOCIALIZR FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS SOCIALIZR, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER AT THE EVENTS.

6. CONTENT: You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in a Public or Private Event or Design. All Content posted by you, is your sole responsibility. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. Socializr does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the Socializr Service you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will Socializr be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service. Subject to the terms of Socializr's Privacy Policy, you agree if you post any Content on the Socializr Service, you grant to Socializr, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Service and to third parties with whom Socializr has a relationship. You also grant Socializr the right to authorize the downloading and printing in whole or in part of any Content that you post to the Socializr Service.

Notwithstanding the foregoing, to the extent that any Content contains creative suggestions, recommendations, ideas, notes, drawings, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own, and you assign to us, all right, title and interest in and to the Submissions of every kind and nature throughout the universe and we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

7. COPYRIGHT POLICY/INFRINGING MATERIAL: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Socializr Service without your permission or in any way that constitutes copyright infringement, please provide Socializr with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the Socializr Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact Socializr at the following address: Attention: Legal Dept., Socializr, Inc., 660 4th Street, Suite 240, San Francisco, California 94107.

8. NO "SPAMMING": You must not use any feature of the Socializr Service for chain letters, junk mail, or "Spamming" nor make any use of the distribution lists in a manner involving any person who has not given specific permission to be included in such a process. An e-mail advertisement which is (a) addressed to a recipient with whom you do not have an existing business or personal relationship and (b) is not sent at the request of or with the express consent of the recipient to receive such communications from you ("Spam" or "Spamming") is strictly prohibited by Socializr. If you use any feature of the Socializr Service for the purpose of sending Spam, Socializr reserves the right to immediately terminate your access to the Socializr Service and to seek appropriate legal recourse as necessary. If you believe that other users are using the Socializr Service for Spam, please notify Socializr using the contact information on our Contact Us page, by flagging any posting that appears to be Spam for Socializr's review, or by emailing Socializr at abuse@socializr.com PLEASE NOTE that by posting a public event you are consenting to receive, and authorizing Socializr to forward to you, emails from other users. Such messages are not included in the above definition of Spam.

9. NOTICES: Socializr may give notice to you by e-mail, a posting on the Socializr web site, or other reasonable means. You must give notice to Socializr in writing via e-mail or as otherwise expressly provided by Socializr. Socializr may broadcast, distribute or display notices or messages through the Socializr Service to inform you of changes to the STOS, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

10. PRIVACY POLICY: It is Socializr's policy to respect the privacy of its users. Socializr's policies with regard to personally identifiable information it collects from you, what information third parties affiliated with Socializr collect from you and how that information is used is governed by the Socializr Privacy Policy. The terms of our Privacy Policy, and any notices regarding the Website or the Service sent to you or posted on the Website are incorporated into and made part of this Agreement. Links to copies of each of these policies and notices can be found on the Socializr Home Page.

11. SECURITY: You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your My Account Page. You may also set up a new account at your convenience. You agree to notify Socializr immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform Socializr of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until Socializr is notified by email of a breach in security, you will remain liable for any unauthorized use of the Socializr Service through your account. In consideration for using the Socializr Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or Profile Page sign-up is inaccurate, Socializr reserves the right to terminate your account immediately and your right to use the Socializr Service.

12. NO RESALE OR COMMERCIAL USE, ABUSE OF THE SERVICE: Your right to use the Socializr Service is personal to you. You agree not to resell or make any commercial use of the Socializr Service without the express consent of Socializr. You may not create bots or other computer generated automatic tools to create events, nor abuse the Socializr Service in any manner. Use that constitutes abuse shall be determined by Socializr in its sole discretion. Socializr reserves the right to terminate your account if Socializr determines you have not complied with the STOS.

13. USER CONDUCT: Socializr reserves the right, but does not assume the responsibility, to monitor or review your conduct on the Socializr Service. Your use of the Socializr Service is subject to all applicable local, state, national and international laws and regulations.

In using the Socializr Service you agree not to:

  • Use the Socializr Service for illegal purposes;
  • Interfere or disrupt networks connected to the Socializr Service or violate the regulations, policies or procedures of such networks;
  • Use the Socializr Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
  • Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
  • Transmit through the Socializr Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
  • Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the Socializr Service;
  • Transmit through the Socializr Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
  • Interfere with another User's use and enjoyment of the Socializr Service;
  • Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
  • Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the Socializr Service any directory of Socializr's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under the STOS;
  • Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
  • Engage in any other conduct which, in Socializr's sole discretion, is considered inappropriate, unauthorized or objectionable.
14. INDEMNIFICATION: You agree to indemnify and hold Socializr, its parent company, subsidiaries, affiliates, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Socializr Service, the violation of the STOS by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

15. TERMINATION: You may terminate your participation in the Socializr Service with or without cause at any time and effective immediately. Socializr may terminate the Socializr Service or your use of the Service with or without cause at any time and effective immediately, at Socializr's sole discretion, including but not limited to immediate termination of your use of the Socializr Service should your conduct fail to conform to the terms and conditions of this STOS. Socializr shall not be liable to you or any third party for termination of the Socializr Service or termination of your use of the Socializr Service. Should you object to any terms and conditions of the STOS or any subsequent modifications Socializr makes to the STOS or become dissatisfied with the Socializr Service in any way, your only recourse is to immediately: (1) discontinue use of the Socializr Service; and (2) notify Socializr of your termination and, at your discretion, notify Socializr of the reasons for your termination. Upon termination of your use of the Socializr Service, your right to use the Socializr Service shall cease immediately. You shall have no right and Socializr will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Sections 2, 5, 6, 7, 10, 11, 14, 15, 16, 19, 20 and 21 shall survive termination of the STOS.

16. TRANSACTIONS WITH ORGANIZATIONS OR INDIVIDUALS: Socializr shall not be liable for your interactions with any organizations and/or individuals found on or through the Socializr Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. Socializr is under no obligation to become involved in disputes between participants on the Socializr Service, or between participants on the Socializr Service and any third party.

17. LINKS TO THIRD PARTY SITES: Any web sites that are accessible via links included within the Socializr Service that take you out of the Socializr Service are not under Socializr's control and Socializr shall not be responsible for the content, products or services of any linked web site. All such web sites shall be subject to the policies and procedures of the owner of such web sites. We encourage you to read those policies and know your rights under any web site you visit.

18. VIOLATION OF TERMS BY OTHER USERS: Socializr asks that you participate in ensuring that all Users follow the terms of this STOS by reporting any Socializr events, invitations, or other postings or messages that violate these terms. To report a violation of this STOS, please email us at abuse@socializr.com.

19. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY AGREE THAT YOUR USE OF THE SOCIALIZR SERVICE IS AT YOUR SOLE RISK. THE SOCIALIZR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOCIALIZR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOCIALIZR MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. SOCIALIZR MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT SOCIALIZR DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO SOCIALIZR FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. SOCIALIZR ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE SOCIALIZR SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE SOCIALIZR SERVICE. SOCIALIZR MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SOCIALIZR OR THROUGH THE SOCIALIZR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

20. LIMITATION OF LIABILITY: SOCIALIZR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF SOCIALIZR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH SOCIALIZR OR A THIRD PARTY THROUGH THE USE OF THE SOCIALIZR SERVICE; (IV) INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SERVICE OR RELIANCE ON SUCH INFORMATION; OR (V) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT SOCIALIZR IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SOCIALIZR SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

21. GENERAL PROVISIONS: This STOS shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the State of California, provided, however, that Socializr, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this STOS through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the STOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Socializr's failure to exercise or enforce any right or provision of this STOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Socializr in writing. User and Socializr agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in this STOS are solely used for the convenience of the parties and have no legal or contractual significance.

22. MODIFICATIONS TO THE SERVICE AND TO TERMS OF SERVICE: Socializr reserves the right to modify or discontinue the Socializr Service at any time with or without notice to you. Socializr shall not be liable to you if Socializr modifies or discontinues its Service. Socializr may change the terms and conditions of the STOS at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this STOS, Socializr may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new STOS on the Socializr Service. By using the Socializr Service after any change in the STOS you acknowledge and accept changes to the STOS.

23. OTHER AGREEMENTS: Please note that, if you sign up for one or more features of the Service that are provided by third parties, such as but not limited to VideoEgg or ImageChef, then you may be required to agree to terms of service with those third parties as well. Any such terms of service are different from and in addition to this Agreement. You can find the terms of service for third party service providers on their respective web sites.

24. NO AGENCY: No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.

Socializr is a service mark of Socializr, Inc.

LAST REVISED ON: February 5, 2007