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When you sign up for any service ("Service") within the Xouk.com group of communities (i.e. Xouk.com), you agree to all of the terms and conditions of this Agreement.

Please read the following terms and conditions carefully, as they form the agreement between you and either Xouk.com or, if you are in the United States, our respective subsidiary, licensee or agent. If you do not agree to these terms and conditions, you may not use the Service. By using the Service after January 1, 2007, you are agreeing to be bound by this Agreement, including all amendments made to date. We reserve the right to amend or modify this Agreement at any time with no prior notice to you. Any usage by you of any tool or service that we provide subsequent to the modification of this Agreement is your express indication to us that you agree to be bound by each and every term and condition of the subsequent, modified Agreement, as published on our site for your review.

User Agreement

This Agreement constitutes your agreement with Xouk.com, with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service. As used in this Agreement, "we" and "us" means Xouk.com or any successor or assign of Xouk.com.

Right to Use

Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

Adult

You represent, warrant and covenant that you are at least 14 years or older and has billpayer permission to use the service.

Code of Conduct

You agree to use the Service in accordance with the following Code of Conduct:

a.	you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;

b.	you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language; you may not use our service or products to violate any law or regulation of any State, United States, or alien government.

c.	you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;

d.	you will not post messages or recordings or use the Service in any way which violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law;

e.	you will not use the Service to promote any solicitation for funds, advertising or solicitation for goods or services; and

f.	you will not post or transmit in any manner any contact information including, but not limited to, telephone numbers, postal addresses, e-mail addresses, web sites, or full names through your publicly posted information.

Fees & Payments:

a.	When the service is accessed by your phone, you agree to a specified charge for each message received by you. In addition to the specified charge, your mobile operator may also charge standard text messaging fees depending on your phone plan. The charges will appear in you mobile operator phone bill. You shall pay the charge in full and it is not refundable.





d.	THE USE OF OUR SERVICE AND THE PURCHASE OF MINUTES IS NON-REFUNDABLE.

e.	You agree to pay or have paid all fees and charges incurred in connection with your use of the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the site from time to time. You also are responsible for any fees or charges incurred to access the Service through the mobile phone system, including but not limited to mobile phone charges, long distance charges or other phone charges. YOU, AND NOT WE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS INCURRED BY A THIRD PARTY USING YOUR PHONE, WHICH WERE NOT AUTHORIZED BY YOU.

Privacy and Use of Information

By using the services you have also agreed to our Privacy Statement. You acknowledge that (a) we cannot ensure the security or privacy of information you provide through the phone system using your voice or text messages, and you release us from any and all liability in connection with the use of such information by other parties; (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by the Service.

You may not use the Service for any unlawful purpose. We may refuse content that impersonates someone else, is protected by proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

Monitoring of Information

We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to the content guidelines that may be applicable from time to time.

Removal of Information

While we do not and cannot review every message sent by users of the Service, and are not responsible for any content of these messages, we reserve the right, but are not obligated, to delete or move content including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings and messages you may record to the Service or send to the users of the Service.

Termination of Access to Service

We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

Proprietary Information

The Service contains information which is proprietary to us our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express permission of the owner of such information.

No Responsibility

You acknowledge that we are not responsible for the outcome of your use of the service or the suspension of the Service, regardless of the cause of the interruption or suspension. Any claim against us shall be limited to the amount you paid, if any, for use of the Service during the previous 3 months. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.

Security

Your account is private and should not be used by anyone else. You are responsible for all usage or activity on the Service by users using your account, including but not limited to use of your account, phone, by any third party.

Indemnity

You agree to indemnify us, our officers, directors, employees and agents, from any loss or damages, including without limitation reasonable legal fees, which we may suffer from your activities on or use of the Service, including without limitation any breach by you of this Agreement or any charges or complaints made by other parties against you. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you; provided, however, that you shall remain liable for any such claim.

We are not responsible nor liable for the content of other websites that link to or are linked from our site. You accept full responsibility for clicking any links on our site and release us from all liabilities.

No Warranties

The Service is distributed on an "as is" basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk. We do not represent or endorse the accuracy or reliability of any profile, advice, opinion, statement or other information recorded or distributed through the Service by Xouk.com, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion, member profile, advice, statement or information shall be at your sole risk.

Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

Disclosure and Other Communication

We reserve the right to send you voice or text messages, for the purpose of informing you of issues, changes or additions to the Service, or of any Xouk.com related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.

Law

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. Jurisdiction of Law shall solely be in San Diego, California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

This Agreement will be governed by and construed in accordance with the internal laws of the State of California, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in San Diego, California, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement.

Assignment:

You do not have the right to assign this Agreement or any of your rights to the Service to anyone. Xouk.com has the right to assign any or all of its rights and duties under this Agreement or to the Service to any third party. At the election of Xouk.com, if Xouk.com's obligations hereunder are assumed by a third party, Xouk.com shall be relieved of any and all liability under this Agreement.

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