Acceptable Use Policies / Terms of Service The following terms and conditions (Terms) are non-negotiable and must be agreed to by any individual intending to become a member of the 360Flair.com website prior to initiating membership. 360Flair.com is a wholly owned subsidiary of MyDateLive, Inc. (MDLI). The Terms and Services of this Agreement (Agreement) are by and between you and MDLI doing business as 360Flair.com. Please thoroughly read the Agreement prior to registering for the 360Flair.com service. After registering for 360Flair.com, you will be a member of the 360Flair.com Service (a "Member"), and you agree to be bound by the terms and conditions of this Agreement (the "Terms") for as long as you continue to be a Member. PLEASE DO NOT REGISTER FOR THE 360Flair.com SERVICE IF YOU ARE NOT IN FULL AGREEMENT WITH THE TERMS DEFINED HEREIN. MDLI RESERVES THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT AT ANY TIME; AND, SUCH CHANGES WILL BE EFFECTIVE UPON NOTICE TO ITS MEMBERS VIA EMAIL OR WEBSITE POSTING. Use of Site Visitors and Members of 360Flair (www.360Flair.com) and affiliate sites assume all responsibility and risk with respect to their use of the Site. The information, materials and functions contained within the Site, including / but not limited to, text, graphics, hyperlinks or other items are provided on an "As Is" and "As Available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or freedom from computer viruses or disruption. MDLI and its divisions, affiliates, agents and principals disclaims all warranties, express or implied, including warranties of merchantability and/or fitness for any particular purpose and representations and endorsements, express or implied, with regard to information accessed from or via the Site. MDLI and its divisions, affiliates, agents and principals do not warrant that the Site is free of computer viruses, bugs or other harmful components. MDLI and its divisions, affiliates, agents and principals do not assume any liability or responsibility for the accuracy, availability, completeness, reliability, suitability or usefulness of the information disclosed or accessed through the Site. MDLI and its divisions, affiliates, agents and principals do not have any duty to update its Site and shall not be liable for its failure to update the Site. It is the visitor's responsibility to verify any information contained in the Site before relying upon it. Your registration implies the intent and agreement to use and provide current, complete and accurate information about yourself as prompted by our registration and user profile forms ("User Information"). You are also agreeing to keep your information accurate and up to date by maintaining your account information for the life of your membership. You agree that we may rely on your User Information as accurate, complete and up-to-date. You acknowledge that if your User Information is misrepresented in ANY respect, including but not limited to be inaccurate, incomplete or not current, MDLI reserves the right to terminate this mutual Agreement and your use of the 360Flair.com website. Individuals under the age of eighteen (18) may use the 360Flair.com website only after providing a notarized consent letter from a parent or legal guardian. In the event that such a letter is provided to MDLI, MDLI still reserves the right to deny service access to any individual for any reason. URL Registration Terms Part of the Member registration process with 360Flair.com will require the new Member to supply a web address, also known as a URL, for 360Flair to register for that Member’s personal web page. Members warranty that they have the right to own said URL and will indemnify MDLI or any of its subsidiaries against any court action brought against MDLI by other individuals or corporations under United States Internet “Squatting” laws. 360Flair agrees to purchase the requested URL if it is available and point the requested URL to the member’s personal web page created within 360Flair.com. 360Flair reserves the right delete, remove or otherwise “turn off” the requested URL and subsequent website at any time and without notice per the below Agreement. 360Flair will be registered as and will be the sole owner of the URL. Members may purchase the URL from 360Flair or any of its subsequent shareholders at the discretion of 360Flair.com. 360Flair.com will maintain the right to use the URL at its sole pleasure for as long as MDLI continues to own the URL. Additionally, MDLI will not be responsible for ANY information published on the website located at the requested URL destination point. Should misinformation or ANY information be published for public consumption that is incomplete, inaccurate or otherwise offensive to the Member, it is the SOLE RESPONSIBILITY of the Member to bring this to the attention of MDLI and MDLI will maintain the discretion to remove, change or otherwise correct said information. Copyright and Trademark Information MDLI is the exclusive owner of proprietary rights and intellectual property associated with the 360Flair site and concepts. 360Flair, the 360Flair website (www.360Flair.com), and any logo containing 360Flair are Copyright © 2005 properties of MDLI. The 360Flair name and the 360Flair logo are registered trademarks of MDLI and may not be used, re-created, distributed, published or otherwise displayed in any fashion without the specific written permission to do so as granted by an authorized officer of MDLI. Use of any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents are strictly prohibited. All contents, layouts, logos, pictures, photos, drawings, graphic designs/impressions, buttons, navigational logic and anything else that could otherwise be considered to be created by, delivered to or otherwise initiated by MDLI, 360Flair or ITS MEMBERS, is the EXCLUSIVE PROPERTY of 360Flair.com and MDLI and for its use and purpose only. MDLI reserves the right to license, use or otherwise authorize the use of such materials and objects as it pleases. The 360Flair website may contain material under copyright by other individuals or organizations, and is noted when applicable. 360Flair members are responsible for the ensuring of compliance with copyright material. 360Flair staff does not routinely monitor or review uploaded material to ensure copyright compliance. In the event that a copyright violation is suspected, notification should be sent to the Abuse Department at abuse@360Flair.com. You agree that all copyrighted materials, trademarks and ANY other proprietary information belong to MDLI and may not under ANY circumstances be reproduced, distributed, posted or otherwise used in any fashion without the expressed written and prior consent of the owner of such proprietary rights and information. You will not remove any notices related to copyrights, trademarks or any other proprietary rights contained within the 360Flair.com website. Privacy and Disclosure of Personal Information 360Flair requires Members to provide personal information during the membership sign-up process and throughout the duration of the Member’s relationship with 360Flair. While personal general information (i.e. measurements, screen name, booking agent contact information, personal news provided by the member, upcoming events provided by the member, etc.) will be published on the Member’s website generated by MDLI, specific personal contact information will not be disseminated, distributed, displayed or otherwise publish by 360Flair or any of its affiliates; however, 360Flair does not disallow Members from disseminating, distributing, displaying or otherwise publishing their personal or contact information via the 360Flair website. Members choosing to disseminate, distribute, display or otherwise publish personal or contact information on the 360Flair website or to other 360Flair Members, do so at their own risk. MDLI and all of its affiliates accept NO LIABILITY for any Member choosing to disseminate, distribute, display or otherwise publish personal or contact information using any MDLI property, including, but not limited to, 360Flair.com. MDLI and 360Flair do not warrant the validity, accuracy or veracity of any personal information provided by Members. From time to time, Members may exchange personal information or otherwise make known to the public personal information. 360Flair will take no steps to insure the validity, veracity or accuracy of such information. Members are encouraged to verify any information found within a 360Flair published website and to proceed in reliance on such published information with extreme caution and at the Member’s own risk. While features of the 360Flair.com website will allow members to make contact with one another and exchange personal and contact information, MDLI and 360Flair accept NO LIABILITY for any harm or damage caused to a Member as a result of reliance on information published within the website of an MDLI property. Additionally, 360Flair is not obligated to check the accuracy of or filter any information from any posting from or communication between any of its Members. Return Policy Due to the nature of the service provided by MDLI returns on pre-paid services, domain names, or setup fees are not allowed. In the event of an overcharge, or incorrect payment, please contact billing@360Flair.com. Term of Service MDLI reserves the right to delete any account, if provided by MDLI to any member, which is not accessed within thirty (30) calendar days. Any account with a billing status that is more than thirty (30) calendar days past due will be disabled. Disabled accounts can be re-activated within one month by contacting help@360Flair.com. Accounts that have been disabled and not reactivated for a period of time greater than three calendar months may be permanently removed from the system. Member accounts with a properly configured credit card billing procedure will be automatically re-charged every thirty (30) calendar days or at other regular intervals defined by MDLI or its subsidiary. MDLI may change any fees for using the 360Flair.com website at ANY time. Your MDLI/360Flair membership may be terminated at any time by either you or MDLI, for any reason, without explanation, and will be effective by sending written notice to the other party. 360Flair.com reserves the right to terminate or suspend your access to the 360Flair.com service without notice at any time and immediately upon any breach of this Agreement by you of which 360Flair.com becomes aware. Portfolio Approvals All portfolios and accounts listed on 360Flair.com are subject to review and approval by 360Flair staff. Portfolios containing webcam images, subject matter that may be deemed irrelevant to 360Flair goals and themes, pornographic images (see "Unacceptable Use"), or pictures of sub-standard quality may be removed. Unacceptable Use 360Flair does not support bandwidth theft, the linking of images from 360Flair to other sites, or the misuse of links from other sites to 360Flair. Members found participating in this activity will have their service immediately terminated without refund. Membership of minors (users under the age of 18) is prohibited without parental permission. If you are the parent / guardian of a minor, please contact us for instructions and information regarding how to use our site. 360Flair does not support abuse of our messaging systems, forums or other means of mass communcation provided for use by visitors on the 360Flair website. Abuse of these systems by mass messaging, or attempted theft of user information will be a violation of the Agreement, and will result in the termination of the Member's account, AND banning of the Visitor from use of functions on any MDLI property or website, including 360Flair.com. Unsolicited, abusive or threatening between Members or visitors, in any medium facilitated by 360Flair is not tolerated. While 360Flair staff does not monitor communications between members, in the event that we become aware of a complaint, we will respond in a manner consistent with our policies and the laws of the United States of America. Pornographic images are prohibited from 360Flair. 360Flair staff reserves the right to determine the bounds of acceptable images used on the 360Flair website. Links and references to pornographic websites are not allowed on 360Flair portfolios. The presence of links or references to pornographic websites may result in the removal of the member account. Any images that appear to violate ANY law of the United States of America will be submitted to proper legal authorities. 360Flair reserves the right to remove any image, message or member site without advance notice, explanation or refund. MDLI and 360Flair will cooperate with ALL law enforcement agencies as they pursue claims of “stalking” and harassment. You agree to use reasonable care in respecting the rights of others’ privacy. You will not harass, bother or “stalk” any member of the 360Flair.com web community. MDLI, 360Flair, and its owners reserve the right to modify these policies without notice. You will not disrupt or interfere with the Services or the website or the servers or the networks of 360Flair.com or ANY MDLI properties. Because you understand the importance of maintaining the operational and brand integrity of 360Flair.com, you will not transmit ANY material, via posting, email, FTP or in any other fashion that contains computer-related software code, files or programs having the intent to interrupt, harm, slow or otherwise hinder the performance of any computer software, hardware or telecommunications equipment. You will not mask, change or forge MDLI footers, headers, navigational bars or ANY other part of the 360Flair.com website or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service. You will not "frame" or "mirror" any part of the Site. You also shall not use meta tags or code or other devices containing any reference to MDLI or the Service or the Site in order to direct, re-direct or transfer any user to any other Web site for any purpose. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so. Online Conduct ONLINE CONDUCT. As a Member, you agree that: 1. You acknowledge that you are SOLELY AND PERSONALLY responsible for the content and information published or displayed by you (hereinafter, "publish") on the 360Flair.com service, as well as for any information that you transmit to other 360Flair.com Members. 2. You will not publish on the 360Flair.com service, or transmit to other 360Flair.com Members or Employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). 3. You will obey, honor, follow and respect all applicable laws and regulations when you use the 360Flair.com. 4. Offensive anatomical or sexual references, or offensive sexually suggestive or connotative language used within your profile or communicated to other members is strictly prohibited. You will not post any photos containing nudity or personal information. MDLI reserves the right, but has no obligation, to reject any profile or photo that does not comply with these prohibitions. 5. You will not advertise to, or solicit, other members to buy or sell any products or services using MDLI properties. You will not transmit any junk E-mail, including chain letters, to other 360Flair.com Members. 6. You are EXCLUSIVELY, PERSONALLY AND SOLELY responsible for your interactions with other 360Flair.com Members. MDLI reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other Members. INDEMNITY BY MEMBER: You will defend, indemnify, and hold harmless 360Flair.com, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of the 360Flair.com service, including: (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. The personal information (including sensitive personal information) you provide to us will be stored on computer. You consent to us using this information to build up a profile of interests, preferences and browsing patterns and to allow you to participate in the MDLI Service. You also agree to allow MDLI to use in any live or taped broadcast, including television, digital, internet and radio, any information, photographs, correspondence, communication, usage habits and anything else you do in relation to the 360Flair.com website. All Members also agree to uphold and maintain our Privacy Policy and to the terms and conditions thereof. In addition, MDLI disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorized users, or "hackers") of the Service. General Provisions This Agreement with you, set out in these Member Terms and Conditions, is governed by California, United States law and you and we submit to the non-exclusive jurisdiction of the California Courts in the event of any dispute regarding these Terms or the Service or the Site or any matter related thereto. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. This Agreement, accepted by you upon registering for the Service, contains the entire agreement between you and MDLI regarding the Service and the Site, including the Privacy Policy. In the event of any conflict between the Privacy Policy and this Agreement, this Agreement shall control. Unless otherwise explicitly stated, the Terms will survive termination of your membership to the Service. This agreement shall terminate immediately and without notice if you breach any of the Terms, subject to the survival of all rights and reservations of MDLI. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. By completing the “New Account Creation” process, the Member certifies that the Member has read and agrees to be bound by these Terms and Conditions. ONLINE CONTENT: Opinions, advice, statements, offers, or other information or content made available through the 360Flair.com service, but not directly by 360Flair.com, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. 360Flair.com DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN MDLI. UNDER NO CIRCUMSTANCES WILL MDLI BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE 360Flair.com SERVICE, OR TRANSMITTED TO 360Flair.com MEMBERS. WARNING - PLEASE READ THIS: It is possible that other 360Flair.com Members or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the 360Flair.com service and that you may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. 360Flair.com is not responsible for the use of any personal information that you disclose on the Service. Please carefully select the type of information that you post on the 360Flair.com service or release to others. By posting information or content to any public area of 360Flair.com, you automatically grant, and you represent and warrant that you have the right to grant, to MDLI and other 360Flair.com Members 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 to grant and authorize sub-licenses of the foregoing. INFORMATION SUPPLIED BY MEMBER: 360Flair.com will keep confidential all information supplied by you to 360Flair.com, including credit card number(s), and shall use or disclose such information only for the purposes for which such information was collected, or as required by law. Please see Privacy Statement for more detailed information concerning confidentiality. COMPLAINTS: To resolve a complaint regarding the 360Flair.com service, you should first contact 360Flair.com Customer Support by clicking on the "Contact Us" button or via email to help@360Flair.com. DISCLAIMER OF WARRANTY: 360Flair.com PROVIDES THE 360FLAIR.COM SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH 360Flair.com OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE. MDLI specifically DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 360Flair.com does not warrant that your use of the 360Flair.com service will be secure, uninterrupted, always available, or error-free, or will meet your requirements, or that any defects in the Service will be corrected. 360Flair.com DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. LIMITATION OF LIABILITY: IN NO EVENT WILL 360Flair.com BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE 360Flair.com SERVICE, EVEN IF MDLI OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MDLI'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 MDLI FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. 360Flair.com DOES NOT SCREEN THE MEMBERS REGISTERING TO THE 360Flair.com SERVICE IN ANY WAY. AS A RESULT, MDLI WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.