Adrenalex Services and Adrenalex Site Terms and Conditions


	Adrenalex Services and Adrenalex Site Terms and Conditions USING ANY OF ADRENALEX SERVICES (INCLUDING, WITHOUT LIMITATION, THE ADRENALEX SERVICES, EMAIL SERVICES AND ANY SERVICES PROVIDED ON ANY OF THE WEB SITES MANAGED OR OWNED BY ADRENALEX (COLLECTIVELY, THE "ADRENALEX SERVICE OR SERVICES")), YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, GUIDELINES, LICENSE AGREEMENT AND PRIVACY STATEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, GUIDELINES, LICENSE AGREEMENT AND PRIVACY STATEMENT YOU SHOULD CLICK ON THE "I DECLINE" BUTTON AND DISCONTINUE YOUR USE OF ADRENALEX SERVICES. YOUR ADRENALEX ACCOUNT WILL NOT BE ACTIVATED OR YOUR SERVICE WILL BE TERMINATED, AS APPLICABLE. PLEASE READ THESE ADRENALEX SERVICE AND ADRENALEX SITE TERMS AND CONDITIONS ("TERMS AND CONDITIONS"), THE ACCEPTABLE USE GUIDELINES FOR ADRENALEX SERVICES AND THE ADRENALEX SITE ("GUIDELINES"), AND ADRENALEX'S PRIVACY STATEMENT ("PRIVACY STATEMENT") BEFORE REGISTERING FOR AN ACCOUNT AND BUILDING A WEB SITE WITH ADRENALEX, LLC ("ADRENALEX") OR USING THE ADRENALEX WEBSITE ("SITE"). THESE TERMS AND CONDITIONS, GUIDELINES, LICENSE AGREEMENT AND PRIVACY STATEMENT MAY ALSO BE REFERRED TO COLLECTIVELY AS THE "RULES". The Terms and Conditions, Guidelines, and Privacy Statement may be found at the Adrenalex Site at: http://www.adrenalex.com/. If at any time you do not agree to be bound by these Rules and the scope of the Adrenalex Services you should immediately end your use of Adrenalex Services. Adrenalex may change the Rules and the scope of the Adrenalex Services in whole or in part, at any time without notice. Such changes will be posted on the Adrenalex Site and such posting will constitute notice to you. Links to the Rules can be found on the Adrenalex Site's Home Page, located at http://www.adrenalex.com/ each time before using the Adrenalex Services, you agree to review changes to the Rules and, if any change is not acceptable to you, you agree to terminate use of Adrenalex Services. Your continued use of Adrenalex Services after the posting of any such change constitutes your acceptance of all the changes. 1.0 General * Adrenalex reserves the right to prohibit any conduct or to remove any materials or content in violation of the Rules or which Adrenalex believes in its sole discretion to be illegal or potentially harmful to others or may expose Adrenalex to harm or liability. Adrenalex may suspend or terminate your use of Adrenalex Services if it determines that you have failed to comply with any of the Rules. Adrenalex reserves the right to take or terminate the use of any user name or email address at any time. 2.0 Adrenalex's Obligations * Adrenalex Services. Subject to the Rules, and such other regulations that Adrenalex may adopt from time to time, Adrenalex will provide you with free web site templates for displaying uploadable pictures and personal information. Adrenalex retains the right to suspend or terminate use of the Adrenalex Service at any time for any reason, without notice, and nothing herein shall be construed to limit that right. * Collection and Use of Personal Information. Adrenalex will collect, store, compile and utilize information about you, your computer and your use of the Adrenalex Services including, without limitation, information regarding the Web sites you visit and information that you provide in response to Adrenalex questionnaires, surveys and registration forms. Adrenalex may provide this information to third parties including advertisers, clients, marketing organizations and others. However, Adrenalex will not disclose your name, address, telephone number, credit card number(s), e-mail addresses or other personal identifying information, unless you give Adrenalex consent to do so or except as may be required by law. Please refer to the Privacy Statement for the Adrenalex privacy policies and information practices. 3.0 Your Obligations * Completion of Adrenalex Questionnaires, Surveys and Registration Forms. In exchange for Adrenalex providing the Adrenalex Services without charge, you agree to provide Adrenalex with accurate and complete information it may request, from time to time, through questionnaires, surveys and registration forms. * Minors. If you are less than 18 years old but older than 12 years old, you should obtain your parent's permission to use the Adrenalex Services. If you are less than 13 years old, you are not allowed to use the Adrenalex Service without providing Adrenalex with your parent's consent in the form required by Adrenalex. Parents may read further information and obtain the Parental Consent Form by going to our Privacy Statement section entitled "Special Notice to Parents About Children Under Age 13." If you are a parent permitting a minor to use Adrenalex Services, you agree to (i) exercise supervision over the minor's use of Adrenalex Services and access to the Internet, (ii) assume all risks associated with the minor's viewing of content received through use of Adrenalex Services and the minor's transmission of materials, content, or information to another person via the Internet, (iii) assume any and all liabilities resulting from the minor's use of Adrenalex Services and (iv) ensure to the fullest extent possible the accuracy and truthfulness of all information submitted by the minor in response to Adrenalex questionnaires, surveys and Registration Forms. For further information regarding a minors interaction with Adrenalex services please review the Child's Online Privacy Protection Act. * Registration Information. You must register for Adrenalex Services using your own name. During registration, you will be asked to provide the name or number you wish to use as your login identification. If the login identification you request is not available you will be asked to supply another login identification. Adrenalex reserves the right to verify the accuracy of the information you submit in connection with your registration for Adrenalex Services (including, without limitation, performing cross tabulations with external databases) and you hereby consent to Adrenalex's verification of such information. * Other Charges. YOU ARE RESPONSIBLE FOR ANY AND ALL CHARGES RELATED TO YOUR USE OF ADRENALEX SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL LOCAL AND/OR LONG DISTANCE TELEPHONE CHARGES INCURRED IN CONNECTION WITH THE USE OF ADRENALEX SERVICES. YOU ARE RESPONSIBLE FOR ALL AMOUNTS CHARGED BY YOUR TELEPHONE SERVICE PROVIDER FOR ALL CALLS YOU MAKE TO ADRENALEX'S CUSTOMER SUPPORT LINES. CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER You are also responsible for charges for any purchases made through use of Adrenalex Services and any surcharges incurred while using any supplemental services or features other than Adrenalex Services which apply a surcharge. * Bypassing or Disabling Any Portion of the Adrenalex Services. If you bypass or disable any portion of the Adrenalex Services, including, without limitation, the blocking of cookies, you are in violation of these Terms and Conditions and we may suspend or terminate your use of Adrenalex Services without notice. Termination of your Adrenalex Services will not excuse you from any criminal or other civil liabilities that may result from your actions. If your Adrenalex Services is terminated for any reason you will be unable to access any undelivered email messages in your Adrenalex email account. * Accessing Adrenalex Services. You are responsible for obtaining and maintaining, at your own expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment, digital cameras, scanners, software, etc.) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Adrenalex Services and for ensuring such equipment and services are compatible with Adrenalex's requirements. * Use of your Adrenalex Account. You are responsible for all use of your Adrenalex Services and for the security of your login identification, your password and any security lock code that you use to protect access to your data, Adrenalex personal profile, your file name(s) and files, network and user access, and any information you disseminate through use of Adrenalex Services or through other Internet services. You may not use more than one login session at a time, even if you maintain more than one Adrenalex account. * No Resale of Adrenalex Services and Adrenalex Site. The Adrenalex Services are for personal use of registered users only and may not be copied, resold, leased, transferred, exchanged or bartered. * Transmission and Receipt of Content. Adrenalex exercises no control over the content of information passing through its network or equipment. Disputes may arise between you and others or between you and Adrenalex related to such content or commerce. Such disputes could involve, among other things, the use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online auction or commerce transactions. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the content of information that you transmit, re-transmit or receive through Adrenalex's network or equipment are your sole and exclusive responsibility. * Email. You may not incorporate a third party's trademark within your Adrenalex email address without permission of the trademark owner. Files attached to email messages may not exceed 5 megabytes and Adrenalex shall have no obligation to transmit files exceeding 5 megabytes attached to email messages transmitted to or from your account. Your mailbox account storage may not exceed 5 megabytes and Adrenalex shall have no obligation to allow your account to exceed 5 megabytes. Once your mailbox account storage reaches 5 megabytes you will not receive any additional email messages and NetZero may, without notice, terminate your Adrenalex email service and delete any or all email stored in your mailbox account. If your Adrenalex Services or Adrenalex email service is terminated you will be unable to access any undelivered email messages in your Adrenalex email account. * Adrenalex may, from time to time, place a message and or a hypertext link geared to promoting the benefits of Adrenalex Services or a third party sponsor in the footer or header location of outgoing email messages transmitted from your account. You agree to permit Adrenalex to include such messages or links in email messages you transmit and agree not to alter, obscure or remove such messages or links. * Links to Third Party Sites. The Adrenalex Site contains links to other sites on the Internet that are owned and operated by third parties. In some instances these sites are co-branded and the third parties are entitled to use Adrenalex's name and logo on these sites. Adrenalex does not control the information, products, or services on these third party sites. The inclusion of any link does not imply endorsement by Adrenalex of the site or any association with their operators. Because Adrenalex has no control over such sites and resources, you agree that Adrenalex is not responsible or liable for the availability or the operation of such external sites, for any material located on or available from any such sites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers on our service, including the payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You further agree that Adrenalex shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions. * Indemnification of Adrenalex. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ADRENALEX AND ITS SPONSORS, PARTNERS OR OTHER CO-BRANDERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COURT COSTS) (COLLECTIVELY, "CLAIMS") ARISING OUT OF OR RELATING TO YOUR BREACH OF ANY OF THESE RULES OR USE (BY YOU OR ANY THIRD PARTY) OF ADRENALEX SERVICES THROUGH THE ADRENALEX ACCOUNT ASSIGNED TO YOU, EXCEPT TO THE EXTENT SUCH CLAIMS DIRECTLY RESULT FROM ADRENALEX'S OWN NEGLIGENCE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE ANY TERMINATION OF ADRENALEX SERVICES PROVIDED TO YOU. 4.0 Warranty Disclaimers YOU ACKNOWLEDGE THAT ADRENALEX SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE ADRENALEX SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF ADRENALEX SERVICES OR THAT ADRENALEX SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ADRENALEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT, INCLUDING ANY WARRANTIES CONCERNING YEAR 2000 COMPLIANCE OF SERVICES, PRODUCTS OR SOFTWARE SOLD OR OTHERWISE MADE AVAILABLE ON THIS SITE. 5.0 Limitation of Adrenalex's Liability * IN NO EVENT SHALL ADRENALEX BE LIABLE UNDER ANY SECTION OF THESE TERMS AND CONDITIONS OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT ADRENALEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. ADRENALEX SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL ADRENALEX'S LIABILITY TO YOU EXCEED ONE DOLLAR ($1.00) or any amounts actually paid in cash by you to Adrenalex, whichever is less. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE RULES OR OUT OF THE ADRENALEX SERVICES MAY BE BROUGHT BY YOU OR ADRENALEX MORE THAN ONE (1) YEAR AFTER THE EVENT, WHICH GAVE RISE TO THE CAUSE OF ACTION, HAS OCCURRED. Some jurisdictions do not allow a limitation on liability for negligence that causes death or personal injury and, in such jurisdictions; Adrenalex's liability shall be limited to the greatest extent permitted by law. 6.0 Y2K Disclaimer * TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADRENALEX DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING YEAR 2000 ISSUES OR COMPLIANCE AND ADRENALEX MAKES NO REPRESENTATIONS AND ASSUMES NO LIABILITY REGARDING WHETHER ANY OF THE SERVICES PROVIDED BY ADRENALEX ARE YEAR 2000 COMPLIANT. 7.0 Policy to Terminate Use of Services for Copyright Infringement * Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act, Adrenalex will terminate the account of any subscriber who uses his or her account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Adrenalex and later confirmation through court order or an admission by the subscriber that an account has been an instrument of unlawful infringement, Adrenalex will terminate the infringing subscriber's account. Adrenalex may also in its sole discretion decide to terminate a subscriber's account privileges prior to that time if it has good faith belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), Adrenalex has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Adrenalex respects the intellectual property of others, and we ask our subscribers to do the same. 8.0 Personal Web Page and Web Page Content Guidelines Adrenalex is not responsible for the content of any personal Adrenalex Website. The opinions and views expressed in the Adrenalex Websites do not reflect those of Adrenalex. The contents of the Adrenalex Websites are not reviewed in any way before they appear in Adrenalex. We reserve the right to remove any page from the system, which is brought to our attention, and which we find, in our sole discretion, violates these site content guidelines, or otherwise is in violation of the law. MyFamily.com does not actively monitor the content of Adrenalex Websites, but will investigate complaints of violation of these guidelines. MyFamily.com is also not responsible for any loss of data resulting from our deletion of Adrenalex Websites, network or system outages, file corruption or any other reasons. Adrenalex has carefully developed the following page content guidelines to promote the free flowing exchange of ideas and information between members, user, and viewers, and at the same time maintain standards consistent with the Internet community and the societies of the world at large. Adrenalex does not discriminate based on sex, age, gender, sexual orientation, gender orientation, ethnicity, culture, religion or socio-economic status. Please refrain from using your Adrenalex Website for the following activities: Displaying material containing nudity or pornographic material of any kind; Providing material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred, or profanity; Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals; Defaming any person or group; Using your free Adrenalex Websites for commercial purposes, including but not limited to the following: Offering for sale any products or services; Soliciting for advertisers or sponsors; Displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services, with the sole exception of the Adrenalex Banner Exchange program and the Internet Link Exchange; Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their website; Promoting or soliciting for participation in multi-level marketing or pyramid schemes. (Please visit the FTC web page for more information regarding money making schemes.) Conducting raffles or contests that require any type of entry fee; Displaying material that exploits children under 18 years of age; Using your page (or directory) as storage for remote loading or as a door or signpost to another homepage, whether inside or beyond Adrenalex; Using your page for acts of copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities (this also includes files which are solely intended for game emulation); Developing pages that consist of hyperlinks to content not allowed in Adrenalex Websites; Using Adrenalex for the purpose of gathering personally identifiable information for commercial or unlawful purposes. Sites that are found in violation of these policies may be deleted and their pages, or portions of their pages, removed without warning. 8.1 Adrenalex Member Terms for Use of Personal Websites Members are solely responsible for everything contained in their own Adrenalex Websites. Adrenalex does not verify, endorse or otherwise vouch for the contents of any Adrenalex Website. Members can be held legally liable for the contents of their Adrenalex Websites, and may be held legally accountable if their Adrenalex Websites include, for example, material protected by copyright, trademark, patent or trade secret law without the permission of the author or owner or defamatory comments. The member agrees to indemnify and hold harmless Adrenalex for any loss, liability, claim, damage, and expenses (including reasonable attorneys' fees) arising from or in connection with the contents of the member's website, or use of the member's Adrenalex E-mail account. In the event that Adrenalex receives a complaint that the contents of a personal web site page infringes intellectual property rights or otherwise is unlawful, Adrenalex shall request written substantiation of the complaint from the complaining party, for example, substantiation of proof of ownership in the form of a trademark, service mark, patent or copyright registration and will take such steps that it believes to be appropriate under the circumstances, including, for example: Suspend the site, or a portion of the site, immediately until the dispute is resolved; Provide the member with contact information for the complaining party; Instruct the member to contact the complaining party to resolve the dispute; Inform the complaining party of our actions and ask that party to work directly with the member; Note: All correspondence between the parties must also be sent to Adrenalex, support@adrenalex.com. Take the following action based on the progress of the dispute: If the member has not pursued resolution within 14 days of notification, the site, or portions of the site, will be deleted; If complaining party has not pursued resolution within 14 days of member's response, the site, or portions of the site, will be re-activated; If legal action is pending or the dispute is not settled, the site, or portions of the site, may remain suspended until resolution is reached and Adrenalex is notified by both parties as to the outcome; If a resolution is reached between the parties, the site, or portions of the site, will be reactivated with any mutually agreed upon modifications. If a copyright, trademark, patent, or other infringement is obvious (such as when pirated computer programs or information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs or any type of cracker utility, is being distributed), Adrenalex also reserves the right, instead of following the above stated procedures, to delete all files and remove the site without any warning. 8.2 Other Rights Reserved by Adrenalex Regarding Personal Websites Adrenalex also reserves the rights: To release current or past member information in the event Adrenalex believes that accounts are in violation of the terms of service or page content guidelines, used to commit unlawful acts, if the information is subpoenaed and/or if Adrenalex deems it necessary and/or appropriate; To deny membership to offenders of these guidelines or terms of service; To amend or change these guidelines at any time and without notice. 9.0 Miscellaneous * Liability Limitation. Adrenalex shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. * Entire Agreement. These Rules (as may be modified by updated Rules on the Adrenalex Site) together constitute the sole agreement between Adrenalex and you respecting the subject matter hereof and fully supersede any and all other agreements, either oral or in writing. You acknowledge and agree that you have read the Rules and understand and accept their terms. * Legal Actions. These Rules will be governed by and construed in accordance with the laws of the State of Utah, excluding its conflict of laws principles. The exclusive personal jurisdiction of and venue for all disputes arising out of these Rules shall be the state and federal courts located in Salt Lake City, Utah, USA and you consent to such exclusive jurisdiction and waive all objections to such jurisdiction and venue. * Severability. If any provision of these Rules is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to comply with applicable laws, and the remainder shall remain in full force and effect. * No Waiver. Any failure of Adrenalex to enforce any provision of these Rules shall not constitute a waiver of any rights under such provision or any other provision of these Rules. 10.0 How to Contact Us Specific questions about these Rules should be directed to: info@adrenalex.com. A list of ways to contact Adrenalex is available at http://www.adrenalex.com/contact.html.