January 1, 2007 www.favbars.com Terms of Use Agreement www.favbars.com is part of the iHotties Network and by joining www.favbars.com you are agreeing to the terms of use agreement for www.ihotties.net. www.ihotties.net is a social networking service and interactive bar and club directory that allows Members to create unique personal profiles online in order to communicate with friends. The services offered by www.ihotties.net include the www.ihotties.net website and any features, Content, or applications offered by www.ihotties.net. www.ihotties.net is hosted in the U.S. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of www.ihotties.net. By using or viewing www.ihotties.net, you agree to be bound by this Agreement, whether you simply are browsing www.ihotties.net or you are a registerd member. You are only authorized to use www.ihotties.net (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you do not agree with it, you should leave www.ihotties.net now and discontinue use www.ihotties.net immediately. If you wish to become a Member, communicate with other Members and make use of www.ihotties.net, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes www.ihotties.net's policy for acceptable use of www.ihotties.net and Content posted on the www.ihotties.net Website, your rights, obligations and restrictions regarding your use of www.ihotties.net and www.ihotties.net's Privacy Policy. www.ihotties.net may modify this Agreement from time to time and such modification shall be effective upon posting on www.ihotties.net. You agree to be bound to any changes to this Agreement when you use www.ihotties.net after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on www.ihotties.net and that you provide to other Users. Your www.ihotties.net profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other www.ihotties.net Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and www.ihotties.net assumes no responsibility or liability for this material. If you become aware of misuse of the www.ihotties.net Services by any person, please contact www.ihotties.net. www.ihotties.net reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of www.ihotties.net at any time, for any or no reason, with or without prior notice, and without liability. Eligibility. By using www.ihotties.net, you represent and warrant that (1) all registration information you submit is truthful and accurate; (2) you will maintain the accuracy of such information; (3) you are 18 years of age or older; (4) your use of www.ihotties.net does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age. Term. This Agreement shall remain in full force and effect while you use www.ihotties.net or are a Member. You may terminate your Membership at any time and for any reason. www.ihotties.net may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect. Password. When you sign up to become a Member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify www.ihotties.net immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. Non-commercial Use by Members. www.ihotties.net is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by www.ihotties.net. Illegal and/or unauthorized use of the www.ihotties.net Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the www.ihotties.net Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of www.ihotties.net. Proprietary Rights in Content on www.ihotties.net. www.ihotties.net does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials or content that you post to www.ihotties.net. After posting your Content to www.ihotties.net, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or posting any Content on or through www.ihotties.net, you hereby grant to www.ihotties.net a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on www.ihotties.net. The license you grant to www.ihotties.net is non-exclusive (meaning you are free to license your Content to anyone else in addition to www.ihotties.net), fully-paid and royalty-free (meaning that www.ihotties.net is not required to pay you for the use on www.ihotties.net of the Content that you post), and worldwide (because the Internet and www.ihotties.net is global in reach). This license will terminate at the time you remove your Content from www.ihotties.net. The license does not grant www.ihotties.net the right to sell your Content, nor does the license grant www.ihotties.net the right to distribute your Content outside of www.ihotties.net. You represent and warrant that you own the Content posted by you on www.ihotties.net or otherwise have the right to grant the license set forth in this section, and the posting of your Content on www.ihotties.net does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you on www.ihotties.net. www.ihotties.net owns and retains all rights in the www.ihotties.net Content. www.ihotties.net hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the www.ihotties.net Content (excluding any software code) solely for your personal use in connection with viewing the www.ihotties.net Website and using the www.ihotties.net Website. www.ihotties.net contains Content of Users and other www.ihotties.net licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on www.ihotties.net. Content Posted. www.ihotties.net may delete any Content that in the sole judgment of www.ihotties.net violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. www.ihotties.net assumes no responsibility for monitoring the www.ihotties.net Services for inappropriate Content or conduct. If at any time www.ihotties.net chooses, in its sole discretion, to monitor the www.ihotties.net Services, www.ihotties.net nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the www.ihotties.net Services, and any material or information that you transmit to other Members and for your interactions with other Users. www.ihotties.net does not endorse and has no control over the Content. Content is not necessarily reviewed by www.ihotties.net prior to posting and does not necessarily reflect the opinions or policies of www.ihotties.net. www.ihotties.net makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the www.ihotties.net Services. www.ihotties.net reserves the right to investigate and take appropriate legal action against anyone who, in www.ihotties.net's sole discretion, violates this provision, including without limitation, removing the offending communication from the www.ihotties.net Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of www.ihotties.net: is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, or offensive subject matter or contains a link to an adult website; solicits personal information from anyone under 18; provides any telephone numbers, street addresses, last names, URLs or email addresses; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph of another person that you have posted without that person's consent; or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. The following is a partial list of the kind of activity that is illegal or prohibited on the www.ihotties.net Website. www.ihotties.net reserves the right to investigate and take appropriate legal action against anyone who, in www.ihotties.net's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to: criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; advertising to, or solicitation of, any Member to buy or sell any products or services through the www.ihotties.net Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from www.ihotties.net in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, www.ihotties.net reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which www.ihotties.net deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the www.ihotties.net Services, you acknowledge that you will have caused substantial harm to www.ihotties.net, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay www.ihotties.net $50 for each such unsolicited email or other unsolicited communication you send through www.ihotties.net; covering or obscuring the banner advertisements on your personal profile page, or any www.ihotties.net page via HTML/CSS or any other means; any automated use of the system, such as using scripts to add friends or send comments or messages; interfering with, disrupting, or creating an undue burden on the www.ihotties.net Services or the networks or services connected to www.ihotties.net; attempting to impersonate another Member or person; using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account; selling or otherwise transferring your profile; using any information obtained from www.ihotties.net in order to harass, abuse, or harm another person; using the www.ihotties.net Services in a manner inconsistent with any and all applicable laws and regulations. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of www.ihotties.net to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to www.ihotties.net by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on www.ihotties.net in a way that constitutes copyright infringement, please provide www.ihotties.net with an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest, a description of the copyrighted work that you claim has been infringed, a description of where the material that you claim is infringing is located on the www.ihotties.net Services, your address, telephone number, and email address, a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Member Disputes. You are solely responsible for your interactions with other www.ihotties.net Members. www.ihotties.net reserves the right, but has no obligation, to monitor disputes between you and other Members. Privacy. Use of www.ihotties.net is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. Disclaimers. www.ihotties.net is not responsible for any incorrect or inaccurate Content posted on the www.ihotties.net Website or in connection with www.ihotties.net, whether caused by Users of www.ihotties.net or by any of the equipment or programming associated with or utilized on www.ihotties.net. Profiles created and posted by Members on the www.ihotties.net Website may contain links to other websites. www.ihotties.net is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by www.ihotties.net. Inclusion of any linked website on www.ihotties.net does not imply approval or endorsement of the linked website by www.ihotties.net. When you access these third-party sites, you do so at your own risk. www.ihotties.net takes no responsibility for third party advertisements which are posted on www.ihotties.net or through www.ihotties.net, nor does it take any responsibility for the goods or services provided by its advertisers. www.ihotties.net is not responsible for the conduct, whether online or offline, of any User of www.ihotties.net. www.ihotties.net 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, any User or Member communication. www.ihotties.net is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on www.ihotties.net or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with www.ihotties.net. Under no circumstances shall www.ihotties.net be responsble or any loss or damage, including personal inury resulting from use of www.ihotties.net, attendance at a www.ihotties.net event, from any Content posted on or through www.ihotties.net, or from the conduct of any Users of www.ihotties.net, whether online or offline. www.ihotties.net is provided "AS-IS" and as available and www.ihotties.net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. www.ihotties.net cannot guarantee and does not promise any specific results from use of www.ihotties.net. Limitation on Liability. IN NO EVENT SHALL WWW.IHOTTIES.NET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WWW.IHOTTIES.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WWW.IHOTTIES.NET'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 WWW.IHOTTIES.NET FOR THE WWW.IHOTTIES.NET SERVICES DURING THE TERM OF MEMBERSHIP. U.S. Export Controls. Software available in connection with www.ihotties.net is further subject to United States export controls. No Software may be downloaded from www.ihotties.net or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. Indemnity. You agree to indemnify and hold www.ihotties.net, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of www.ihotties.net in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the www.ihotties.net Website or through www.ihotties.net causes www.ihotties.net to be liable to another. Other. This Agreement is accepted upon your use of the www.ihotties.net Website and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and www.ihotties.net regarding the use of www.ihotties.net. The failure of www.ihotties.net to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Contact www.ihotties.net with any questions regarding this Agreement. contact@ihotties.net I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.