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Terms of Service

Date of last revision: August 10, 2009

The 5ology.com service and network (collectively, "5ology") are operated by 5ology LLC. By accessing or using 5ology’s website at www.5ology.com or the mobile version thereof, you (the "Member") signify that you have read, understand and agree to be bound by these Terms of Service, whether or not you are a registered member of 5ology. 5ology LLC reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If 5ology LLC does this, it will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of 5ology after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) 5ology. It is your responsibility to regularly check 5ology to determine if there have been changes to these Terms of Service and to review such changes.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility

Membership in 5ology is void where prohibited. 5ology is intended solely for people who are thirteen (13) years of age or older, and users of 5ology under 18 who are currently in high school or college. Any registration by, use of or access to 5ology by anyone under 13, or by anyone who is under 18 and not in high school or college, is unauthorized, unlicensed and in violation of these Terms of Service. By using 5ology, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

Registration Data; Account Security

In consideration of your use of 5ology, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on 5ology ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to 5ology, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights in Site Content; Limited License

All content on 5ology, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of 5ology LLC, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without 5ology LLC's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on 5ology. Provided that you are eligible for use of 5ology, you are granted a limited license to access and use 5ology and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Service and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of 5ology or the Site Content other than as specifically authorized herein, without the prior written permission of 5ology LLC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Trademarks

5ology, 5 it, and other 5ology graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of 5ology LLC in the U.S. and/or other countries. 5ology LLC's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of 5ology LLC.

User Conduct

You understand that except for advertising programs offered by 5ology LLC, 5ology is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through 5ology will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use 5ology to:

  • Act in any unlawful manner or in any other manner that could damage, disable, overburden or impair 5ology or 5ology LLC;
  • Use automated scripts to collect information from or otherwise interact with 5ology
  • Upload, post, transmit, share, store or otherwise make available any content that 5ology LLC deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • Register for more than one member account, register for a member account on behalf of an individual other than yourself, or register for a member account on behalf of any group or entity;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Upload, post, transmit, share, store or otherwise make publicly available on 5ology any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Intimidate or harass another;
  • Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • Use or attempt to use another's account, service or system without authorization from 5ology LLC, or create a false identity on 5ology.
  • Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of 5ology LLC, is objectionable or which restricts or inhibits any other person from using or enjoying 5ology, or which may expose 5ology LLC or 5ology users to any harm or liability of any type.

User Content Posted on the Site

You are solely responsible for the profile (including your name, profile picture and social-network icons) and 5 that you upload, publish or display (hereinafter, "post") on or through 5ology, or transmit to or share with other users (collectively the "User Content"). You understand and agree that 5ology LLC may, but is not obligated to, review and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of 5ology LLC violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of members or others.
When you post User Content to 5ology, you authorize and direct 5ology LLC to make such copies thereof as 5ology LLC deems necessary in order to facilitate the posting and storage of the User Content on 5ology. By posting User Content to any part of 5ology, you automatically grant, and you represent and warrant that you have the right to grant, to 5ology LLC an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with 5ology LLC or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from 5ology at any time. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that 5ology LLC may retain archived copies of your User Content. 5ology LLC does not assert any ownership over your User Content; rather, as between 5ology LLC and you, subject to the rights granted to 5ology LLC in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

5ology Mobile Services

5ology includes certain services that are available via your mobile phone, including (i) the ability to upload content to 5ology via your mobile phone, (ii) the ability to browse 5ology from your mobile phone, and (iii) the ability to access certain 5ology features such as the Toolbar application that you have downloaded and installed on your mobile phone (collectively the "Mobile Services"). 5ology LLC does not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that 5ology LLC may communicate with you regarding 5ology and other entities by electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to 5ology LLC.

Copyright Complaints

5ology LLC respects the intellectual property rights of others and we prohibit users from uploading or otherwise transmitting on 5ology any materials that violate another party's intellectual property rights. When 5ology LLC receives Notification of Alleged Copyright, 5ology LLC promptly removes or disables access to the allegedly infringing material and terminates the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on 5ology infringes upon any copyright which you own or control, please contact 5ology LLC.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, 5ology LLC has adopted a policy of terminating, in appropriate circumstances and at 5ology LLC's sole discretion, members who are deemed to be repeat infringers. 5ology LLC may also at its sole discretion limit access to 5ology and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Websites and Content

5ology contains links to other web sites ("Third-Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third-Party Applications, Software or Content"). Such Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by 5ology LLC, and 5ology LLC is not responsible for any Third-Party Sites accessed through 5ology or any Third-Party Applications, Software or Content posted on, available through or installed from 5ology, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or any Third-Party Applications, Software or Content does not imply approval or endorsement thereof by 5ology LLC. If you decide to leave 5ology and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk and you should be aware that 5ology’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from 5ology or relating to any applications you use or install from the site.

Share Service

5ology members can share with others and post to their own member profiles, videos, articles and other Third-Party Applications, Software or Content from, and/or links to, Third-Party Sites through the Service (the "Share Service"). You acknowledge and agree that your use of the Share Service and all links, User Content or Third-Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Service.

5ology for Businesses

5ology for businesses are special profiles used solely for commercial, political, or charitable purposes. You may not set-up a profile on behalf of another individual or entity unless you are authorized to do so. This includes fan profiles, as well as profiles to support or criticize another individual or entity.

5OLOGY LLC DOES NOT PRE-SCREEN OR APPROVE BUSINESS PROFILES, AND CANNOT GUARANTEE THAT A BUSINESS PROFILE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF A BUSINESS PROFILE. NOR IS 5OLOGY LLC RESPONSIBLE FOR THE CONTENT OF ANY BUSINESS PROFILE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY BUSINESS PROFILE, INCLUDING HOW THE OWNER OF THE BUSINESS PROFILE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS (PLEASE REVIEW THE PRIVACY POLICY IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION).

In addition to these Terms of Service, Business profiles are subject to and governed by certain additional terms applicable to Business profiles. These certain additional terms applicable to Business profiles control in the event of any conflict between them and the Terms of Service.

User Disputes

You are solely responsible for your interactions with other 5ology users. 5ology LLC reserves the right, but has no obligation, to monitor disputes between you and other users.

Privacy

By using 5ology, you are consenting to have your personal data transferred to and processed in the United States. See 5ology’s Privacy Policy for further information.

Disclaimers

5ology LLC is not responsible or liable in any manner for any User Content or Third-Party Applications, Software or Content posted on 5ology or in connection with 5ology, whether posted or caused by members of 5ology, by 5ology LLC, by third parties or by any of the equipment or programming associated with or utilized in 5ology. Although 5ology LLC provides rules for member conduct, 5ology LLC does not control and is not responsible for what members post, transmit or share on 5ology and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on 5ology or in connection with any User Content or Third-Party Applications, Software or Content. 5ology LLC is not responsible for the conduct, whether online or offline, of any member of 5ology.

5ology may be temporarily unavailable from time to time for maintenance or other reasons. 5ology LLC 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, member communications. 5ology LLC is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to member's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and / or in connection with 5ology, including any Mobile Services software. Under no circumstances will 5ology LLC be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of 5ology, any User Content or Third-Party Applications, Software or Content posted on or through 5ology or transmitted to members, or any interactions between users of 5ology, whether online or offline.

5OLOGY IS PROVIDED "AS-IS" AND 5OLOGY LLC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 5OLOGY LLC CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF 5OLOGY. 5OLOGY LLC DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON 5OLOGY ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT 5OLOGY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE SERVICE) FROM OR THROUGH 5OLOGY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

5ology LLC reserves the right to change any and all content, software and other items used or contained in 5ology at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by 5ology LLC.

Limitation on Liability

IN NO EVENT WILL 5OLOGY LLC OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF 5OLOGY, EVEN IF 5OLOGY LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, 5OLOGY LLC’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 5OLOGY LLC FOR 5OLOGY DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL 5OLOGY LLC’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO 5OLOGY LLC FOR 5OLOGY, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM 5OLOGY LLC, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

5ology LLC may terminate your membership, delete your profile and any content or information that you have posted on 5ology and/or prohibit you from using or accessing 5ology for any reason, or no reason, at any time in 5ology LLC’s sole discretion, with or without notice, including if 5ology LLC believes that you are under 13, or under 18 and not in high school or college.

Governing Law; Venue and Jurisdiction

By visiting or using 5ology, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and 5ology LLC or any of 5ology LLC’s affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

Arbitration

YOU AND 5OLOGY LLC AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON 5OLOGY IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE AND / OR 5OLOGY (INCLUDING YOUR VISIT TO OR USE OF 5OLOGY) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, 5ology LLC will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF 5OLOGY, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to 5ology (including your visit to or use of 5ology) be instituted more than three (3) years after the cause of action arose.

Indemnity

You agree to indemnify and hold 5ology LLC, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third-Party Applications, Software or Content you post or share on or through 5ology, your use of 5ology, your conduct in connection with 5ology or with other users of 5ology, or any violation of this Agreement or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about 5ology ("Submissions"), provided by you to 5ology LLC are non-confidential and shall become the sole property of 5ology LLC. 5ology LLC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms of Service with the initial letter(s) capitalized will have the meaning attributed to them in these Terms of Service.

Other

These Terms of Service constitute the entire agreement between you and 5ology LLC regarding the use of 5ology, superseding any prior agreements between you and 5ology LLC relating to your use of 5ology. The failure of 5ology LLC to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Questions

Please contact 5ology LLC.

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