fbExchange | Terms of Use

fbExchange Terms of Use Agreement

Last Updated: July 5, 2007

About fbExchange

fbExchange is a web-based software application that acts as a link exchange and advertising network for third party Facebook Applications.

The service is operated by For Friends Network, LLC, ("For Friends Network") as the fbExchange service, and is found at www.fbexchange.com . By using the www.fbexchange.com website ("fbExchange" or the "Website") you agree to be bound by these Terms of Use (this "Agreement").

This Agreement sets out the legally binding terms for your use of the Website and your Membership in the Service. fbExchange may modify this Agreement from time to time and such modification shall be effective upon posting by fbExchange on the Website. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes fbExchange policy for acceptable use and content posted on the Website, your rights, obligations and restrictions regarding your use of the Website and the Service and fbExchange Privacy Policy.

YOUR USE OF THE SITE AND THE FBEXCHANGE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF THE AGREEMENT.

1. Description of the fbExchange Service. The fbExchange Service is a web-based link exchange and advertising network.

2. Changes to the fbExchange Service and the Agreement. fbExchange reserves the right, without liability to you, to modify or discontinue the fbExchange Service with or without notice to you, and you agree to be bound by such modifications or revisions. If you do not accept and abide by the terms of the Agreement, you may not use the fbExchange Service. fbExchange may change the TOU at any time in its sole discretion, so you should visit this page periodically to review these terms. In the event of any material or substantial change in the terms and conditions of the TOU, fbExchange may, but shall not be obligated to post an announcement of the changes together with a link to the new TOU on the fbExchange Service. By using the fbExchange Service after any change in the TOU, you acknowledge and agree to be bound by such amended TOU.

3. Eligibility. You must be thirteen years of age or older to register as a member of fbExchange or use the Web site. If you are under the age of 13, you are not allowed to register and become a member of fbExchange or access fbExchange content, features and services on the Web Site. Membership in the Service is void where prohibited. By using the Web site, you represent and warrant that you agree to and to abide by all of the terms and conditions of this Agreement. fbExchange may terminate your membership for any reason, at any time.

4. Security. You will receive a password and account designation upon completing the registration process for the Service. Each account is to be used by an individual user. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify fbExchange of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. fbExchange will not be liable for any loss or damage arising from your failure to comply with this Section 4.

5. Privacy. Personal information collected by fbExchange shall be used as set forth in the fbExchange Privacy Policy. As a condition to using the fbExchange Service, you agree to the terms of the fbExchange Privacy Policy as it may be updated from time to time. You agree that fbExchange may monitor, edit or disclose your personal information, including the content of your emails, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in the fbExchange Privacy Policy.

6. User Conduct. You agree to make use of this link exchange and advertising network in compliance with the guidelines set forth in this document. Your use of the fbExchange Service is subject to your acceptance of, and compliance with the Agreement. fbExchange reserves the right, but does not assume the responsibility, to monitor or review your conduct on the fbExchange Service. Your use of the fbExchange Service is subject to all applicable federal, state and local laws and regulations, and you agree that the following activities are strictly prohibited in conjunction with your use of the fbExchange Service:

Promotion or encouragement of illegal activity
Interference with other fbExchange users' use of the fbExchange Service
Use of the fbExchange Service in violation of the rights of others
Use of the fbExchange Service that is harmful to minors in any way
The transmission, uploading, distribution or dissemination (or offer to do the same) of any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
Transmission of another's intellectual property or other proprietary information without permission
Modification, adaptation, translation, or reverse engineering of any portion of the fbExchange Service or any software offered in connection with the fbExchange Service
Transmission of email in violation of the CAN-SPAM Act or any other applicable anti-spam law
The sale, exchange or distribution to a third party of the email addresses of any person without such person's knowing and continued consent to such disclosure
The transmission of unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship
Intentional distribution of viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
Impersonation of another person (via the use of an email address or otherwise) or other misrepresentation of yourself or the source of any email
Creation of multiple user accounts in connection with any violation of the Agreement or creation of user accounts by automated means or under false or fraudulent pretenses
The sale, trade, resale or other exploitation for any unauthorized commercial purpose or transfer any fbExchange account
Removal if any copyright, trademark or other proprietary rights notices contained in or on the fbExchange Service
Misrepresentation of your calendar through the use of keywords that have little or nothing to do with what your calendar visitors will see on the page
Repetition of the same keyword multiple times in a row
Provision of material or resources in support of any organization(s) designated by the United States government as a foreign terrorist organization
Altering link exchange or advertising code in any way without written permission from fbExchange
Use of link exchange or advertising code in any application or website that is not part of a Facebook Application which displays canvas pages within the Facebook website.
Perpetration or any click fraud by direct or indirect means in order to increase incoming links or advertising revenue.

Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Your right to use the fbExchange Service is personal to you. You agree not to resell or make any commercial use of the fbExchange Service without the express consent of fbExchange. You may not create bots or other computer generated automatic tools to create events, nor abuse the fbExchange Service in any manner. Use that constitutes abuse shall be determined by fbExchange in its sole discretion. fbExchange reserves the right to terminate your account if fbExchange determines you have not complied with any part of the Agreement. You represent and warrant that you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

7. Content. You understand that all information, data, text, photographs, graphics, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. With respect to Content you submit or make available for inclusion on publicly accessible areas of the fbExchange Service, you grant fbExchange a world-wide, royalty free, non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the fbExchange Service solely for the purpose for which such Content was submitted or made available. fbExchange does not control the Content posted by any user of the fbExchange Service and thus does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will fbExchange 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 fbExchange Service. "Publicly accessible" areas of the fbExchange Service are those areas intended by fbExchange to be available to the general public, such as published fbExchange calendars including password-protected fbExchange calendars and other portions of fbExchange sites that are open to both members and visitors.

8. fbExchange Intellectual Property Rights; Copyright Policy.You acknowledge that fbExchange owns all right, title and interest in and to the fbExchange Service, including without limitation all intellectual property rights (the "fbExchange Rights"), and such fbExchange Rights are protected by U.S. and international intellectual property laws. The fbExchange Rights include rights to: (a) the fbExchange Service developed and provided by fbExchange and all trademarks and other intellectual property associated therewith; and (b) all software associated with the fbExchange Service. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the fbExchange Service or any Content placed on the fbExchange Service by fbExchange or any third party. If you believe that your work has been copied and posted on the fbExchange Service without your permission or in any way that constitutes copyright infringement, please provide fbExchange 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 fbExchange 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 fbExchange at the following address:

For Friends Network, LLC
Attn: fbExchange Copyright Infringement
P.O. Box 1086
Tiburon, CA 94920

Note: fbExchange is not affiliated with Facebook.

9. Advertisements. You agree and understand that some parts of the fbExchange Service may display ads and other information adjacent to and related to the event content. Any such ads or other information is served using a completely automated process. No email content, addresses, or other personally identifiable information will be provided to advertisers as part of the fbExchange Service. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the fbExchange Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that fbExchange shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the fbExchange Service.

10. Software. Your use of any software associated with the fbExchange Service will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then fbExchange grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the fbExchange Service and in accordance with this Agreement. fbExchange reserves all rights to such software not expressly granted to you in any EULA or in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. fbExchange or its suppliers own all right, title and interest in and to such software (including all intellectual property rights), and such software is licensed, not sold to you. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law.

11. Information Available from the fbExchange Service. fbExchange and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the fbExchange service, even if such information appears in e-mail, cell phone or other alerts available through the fbExchange Service. fbExchange and its suppliers do not authorize the use of information available from the fbExchange Service for any purpose other than your personal use, and prohibit the resale, redistribution, and use of this information for commercial purposes. fbExchange does not endorse or recommend any particular product or service. Nothing contained in the fbExchange Service is intended to constitute professional advice of any kind.

12. Disclaimer of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

A. YOUR USE OF THE FBEXCHANGE SERVICE IS AT YOUR SOLE RISK. THE FBEXCHANGE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FBEXCHANGE 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.
B. FBEXCHANGE MAKES NO WARRANTY THAT (i) THE fbExchange SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE FBEXCHANGE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FBEXCHANGE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE fbExchange SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN ANY SOFTWARE PROVIDED TO OR USED BY YOU IN CONNECTION WITH THE fbExchange SERVICE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE FBEXCHANGE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM fbExchange OR THROUGH OR FROM THE FBEXCHANGE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

13. Limitation of Liability; Your Exclusive Remedy. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FBEXCHANGE (For Friends Network, INC) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FBEXCHANGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE OR THE FBEXCHANGE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE fbExchange SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE fbExchange SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SITE OR THE fbExchange SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH IN SECTIONS 13, 14 AND 15 MAY NOT APPLY TO YOU.

14. Additional Liability Limitation. As you use the fbExchange Service, you should expect to receive, access or use Content originated by fbExchange and persons other than fbExchange (any such person is referred to as a "third party"). Without limiting the generality of sections 13 and 14, you acknowledge and agree that neither fbExchange nor its licensors or other suppliers are responsible or liable for: (a) any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, or illegal content, or (b) any third party conduct, transmission or data. In addition, you acknowledge and agree that fbExchange is not responsible or liable for: (i) any viruses or other disabling features that affect your access to or use of the fbExchange Service, (ii) any incompatibility between the fbExchange Service and other web site, services, software, and hardware, (iii) any delays or failures you may experience in initiating, conducting, or completing any transmissions or transactions in connection with the fbExchange Service in an accurate or timely manner, or (iv) any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties through links contained on the fbExchange Service.

15. Indemnification. You agree to indemnify and hold fbExchange (For Friends Network, LLC), and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and officers, directors, employees, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the following actions by you or other user of the fbExchange Service using your account: (a) use of the fbExchange Service, (b) violation of any part of the Agreement, (c) infringement of any intellectual property or other right of any person or entity, (d) violation of any federal, state or local law or regulation; (e) Content you submit, post, transmit or make available through the fbExchange Service, or (f) violation of any rights of another.

16. Links to Third Party Sites. Any web sites that are accessible via links included within the fbExchange Service that take you to another web site or out of the fbExchange Service are not under fbExchange's control, and fbExchange 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. fbExchange encourages you to read those policies and know your rights under any web site you visit.

17. Agreement Violations by Others. fbExchange asks that you participate in ensuring that all users of the fbExchange Service follow the terms of the Agreement by reporting any violations of these terms. To report a violation of the Agreement, please email us at privacy@30boxes.com .

18. General.

A. Entire Agreement. The Agreement constitutes the entire agreement between you and fbExchange and govern your use of the fbExchange Service, superceding any prior agreements between you and fbExchange. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other fbExchange services, affiliate services, third-party content or third-party software.
B. Assignment. fbExchange may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign or otherwise transfer any of your rights or obligations under this Agreement.
C. Choice of Law and Forum. The Agreement and the relationship between you and fbExchange shall be governed by the laws of the State of Washington without regard to its conflict of law provisions or your actual state or country of residence. You and fbExchange agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington.
D. Waiver and Severability of Terms. The failure of fbExchange to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
E. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the fbExchange Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
F. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in the Agreement, there shall be no third party beneficiaries to this Agreement.
G. Section Headings. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
H. Notice. fbExchange may, but shall not be obligated to provide you with notices, including those regarding changes to the Agreement, by either email, regular mail, or postings on the fbExchange Service.

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fbExchange Terms of Use Agreement