IT IS VERY IMPORTANT THAT YOU COMPLETELY READ THIS AGREEMENT BECAUSE BY YOUR DOWNLOADING OR VIEWING CONTENT FROM THE MESSENGERFRIENDS SITE OR USING ANY OTHER SERVICES PROVIDED BY THE OWNERS OR OPERATORS OF THE WEBSITE, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE FOLLOWING TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT.

The parties to this Agreement (“Terms & Conditions”) are you (“You”, sometimes referred to as a “User” or "Member" of the Website), and www.messenger-friends.com (“Messenger-Friends”). As used in this Agreement, the terms “we” and “us” are used interchangeably to refer to the Company and the operators of the Website ("www.messenger-friends.com"). By further accessing the Website or materials available at or in association with the Website, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, You hereby agree to be bound by all the terms and conditions set forth in this Agreement.

1. Affirmation That You Are An Adult: You must be 18 years (21 years in some places) or over to register as a member of or use this Site. Membership in the service is void where prohibited. By using and/or viewing this site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions, that you are at least 18-years old, and that you are not prohibited by law from using the Site. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY).


2. Acknowledgement Of Sexual Content: You hereby acknowledge that the Content made available at, in, through and in association with this Website and/or other parties that may provide Content available at, in, through or in association with the Website (“Affiliated Content Providers”) and other materials available at, in, through or in association with the Website, include explicit visual, audio, and/or textual depictions of nudity and sexual activities, that You are not offended by such materials, and that by agreeing to these terms and conditions You are warranting to the Owner of this Website and to the Affiliated Content Providers that You are intentionally and knowingly seeking access to such explicit sexual materials for Your own personal viewing.


3. Registration: To become a Member you must register with us on our Website. When and if you register to become a Member, you agree to provide accurate, current and complete information about yourself as prompted by our registration form ("Registration Data"), and to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your Registration Data as accurate, current and complete. You acknowledge that if your Registration Data is untrue, inaccurate, not current or incomplete in any respect, we reserve the right to terminate this Agreement and your use of the Website.

When you register, we will require that you provide sufficient information to indicate that you are at least 18 years old (in some places 21 years). By becoming a Member, you represent and warrant that you are at least 18 years old, which is the minimum required age to become a Member. However, we cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Website by persons under the age of 18 in violation of these Terms.

Either you or the owner of this Website may terminate your Membership at any time, for any reason, effective upon sending written notice to the other party. All Membership fees paid are non-refundable. We reserve the right to immediately suspend or terminate your access to the Service, without notice, upon any breach of this Agreement by you, which is brought to our attention. Your Membership in the Service is for your sole, personal use. You may not authorise others to use your Membership, and you may not assign or otherwise transfer your account to any other person or entit

4. Fees/Termination:
   (a) Site and related service usage and/or subscription fees and duration of services were provided to you upon registration and may change from time to time upon electronic notice to you. We reserve the right to terminate your access to the Site for any reason or no reason. We may terminate your membership upon sending notice to you at the email address you provide in your application for membership or such other email address as you may later provide to us or via any other method in its sole discretion. If we terminates your membership in the Messenger-Friends service because you have breached this Agreement, in the sole discretion of our Policy and/or Terms, you will not be entitled to any refund of any unused subscription fees and thereby you agree to waive any claim to such refund of fees. Upon termination of your membership for any reason or no reason any and all points accumulated in any of the Site's programs shall be terminated with no liability to you. You expressly acknowledge that any program providing points or other credits and your participation in it can be terminated in the sole discretion by the owner of this site at any time with no liability to you whatsoever and that you did not join or remain a member of the Site or any other services in reliance on any such program(s), or the use or availability of such points or credits, or the continuation of the program(s). Points and credits have no monetary value whatsoever and may not be transferred to other persons.
   
   (b) If by reason of death or Disability you, the buyer, are unable to receive all services for which the buyer has contracted, the buyer and the buyer's estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of Disability. "Disability" means a condition which precludes the buyer from physically using the services specified in the contract during the term of disability and the condition is verified in writing by a physician designated and remunerated by the buyer. The written verification of the physician shall be presented to Messenger-Friends, the seller. If you, the buyer, have prepaid any amount for services, so much of the amount prepaid that is allocable to services that the buyer has not received due to death or Disability shall be promptly refunded to the buyer or his or her representative. This provision 2 (b) shall supersede any other provision's terms that are contrary herein.


5. Accounts and Passwords: You are responsible for maintaining the confidentiality of your Member name and password. You are responsible for all uses of its account, whether or not authorized by you. You agree to immediately notify the owner of the website Messenger- Friends of any unauthorized use of its account. You agree to pay all charges that accrue to your account through your use or the use of those authorized by you.


6. Content Posted on the Site: Messenger-Friends claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and Members and nothing in this agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Messenger-Friends may delete any content, messages, photos or profiles (collectively, "Member Content") that in the sole judgment of Messenger-Friends violates the Terms and Conditions of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Messenger-Friends or its Members. You are solely responsible for the content that you publish or display (hereinafter, "post") on the Messenger-Friends Site, or transmit to other Messenger-Friends Members through the Service.
   
   By posting content to any area of Messenger-Friends, you automatically grant, and you represent and warrant that you have the right to grant, to Messenger-Friends and its Members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. For privacy terms, please refer to our Privacy Policy.
   
   Messenger-Friends shall have the ability to and may choose to investigate and take appropriate legal action, at its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Site or Service and terminating the Membership of such a violator. The following list is a partial list of the kind of content that is illegal or prohibited on the Site. It includes, but is not limited to, content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters," or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, 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; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material that is commercial in nature; provides material that exploits people under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another Member, threat of suicide or harm to oneself or others, or bestiality; provides instructional information about illegal activities such as 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; sending advertisements in chat or instant messaging messages; and engages in commercial activities or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. Further you agree to use the Service of this site in a manner consistent with any and all applicable laws and regulations in the jurisdiction where you are accessing the Site.
   
   You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Messenger-Friends Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our Site is updated on a real time basis and is proprietary or is licensed to Messenger-Friends by our users or third parties. Your profile (and its contents) may be searchable by, and you may be able to search for the profiles (and their contents) of, Members registered to other sites operated and powered by the Service, e.g. co-branded, privately labeled, etc. This feature may allow you to interact with Members of other affiliated websites.
   
   We reserve the right to excerpt text quotes and pictures from Profiles or Featured Members, along with your handle (Member/User Name), and feature them in ads, supplements and content pages in the marketing of the Messenger-Friends Site and its partners.



7. Copyright Policy/DMCA Notice: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if you believe that your work has been copied and posted on the Messenger-Friends service in a way that constitutes copyright infringement, please provide us with the following information consistent with the Digital Millennium Copyright Act (DMCA): 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 our site including the URLs of web pages and/or hyperlinks; 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.

 

8. WARNING - PLEASE READ: You understand that neither Messenger-Friends, Website affiliates nor any Website Content Providers represent, guarantee or warrant that either the Website or any Content or any other files You may access at, in or through, or download from the Website any Website linked to Website or any affiliated website will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties (“Harmful Code”). You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of Harmful Code. Neither the owner of Messenger-Friends, Website affiliates nor any Website Content Providers assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices through Your use of the Website or any Content or other materials You may obtain in association therewith.

You hereby agree that the use of all materials, features, functions and all other goods and services provided to You by the Messenger-Friends, and the use of any and all Content provided by Website Content Providers and affiliates are provided to You on an “as is” basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and Messenger-Friends and Website Content Providers and affiliates expressly disclaim all such warranties. Neither the owner of Messenger-Friends, Website affiliates nor any Website Content Providers warrant that the functions of the Website or Content provided by any of the aforementioned parties nor does the owner of Messenger-Friends warrant that any other materials available in, at, through or in association with, the Website will be uninterrupted or error-free, or that any discovered defects will be corrected. Under no circumstances and under no cause of action or legal theory, shall the owner of Messenger-Friends, Website affiliates, Website Content Providers or any of the Messenger-Friends’s suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Website, or from any use of Content or any use of the Website whatsoever. This disclaimer of warranty constitutes an essential part of this Agreement. Some states do not allow exclusions of an implied warranty, so if for any reasons the choice of law provisions of this Agreement are deemed not to apply to this Paragraph, this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction.

9. Member Disputes: Messenger-Friends does not solicit or control the information provided by any Member that may be made available through our system. You may find other user's information to be offensive, harmful, inaccurate or deceptive. If so, please request a profile review using the link provided on the Member’s profile page or at various other places throughout the website. Please also use caution, common sense, and safety when using our Site. You are solely responsible for your interactions with other Messenger-Friends Members. Because Messenger-Friends is not involved in Member interactions, in the event that you have a dispute with one or more Members or those who have posted, viewed or used information on the Messenger-Friends Site, you agree to release Messenger-Friends, including its officers, directors, agents, subsidiaries, parent companies and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes


10. U.S. Export Controls: Software from this site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported
    1. into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or
    2. to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.



11. Affirmation Of Agreement:You acknowledge You Have Read This Entire Agreement. By clicking on a link intended to signify Your agreement to this Agreement, for example, by clicking the acceptance button, by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website available at, in or through the Website, or by obtaining Content from any Website Content Providers, You agree that You are acknowledging and affirming that You have read this entire Agreement and that You agree to all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Agreement is reaffirmed by authorizing the use of Your credit card for payment of charges for Content and each time You access any restricted part of the Website.