Adopted.com (including Adopted.com, Iwasadopted.com, and Iamadopted.com) are social networking services that allows Registrants to create unique personal profiles online in order to find and communicate with family members. The services offered by Adopted.com and Iwasadopted.com ("Adopted.com", "Iwasadopted.com", or "we") include the Adopted.com and Iwasadopted.com websites and any other features, content, or applications offered from time to time by Adopted.com and Iwasadopted.com in connection with the Adopted.com and Iwasadopted.com Websites. The Adopted.com and Iwasadopted.com Services are hosted in Canada and the United States.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Adopted.com or Iwasadopted.com Services. By using the Adopted.com or Iwasadopted.com Services, you agree to be bound by this Agreement, whether you are a "Registrant" (which means that you simply browse the Adopted.com or Iwasadopted.com Website) or you are a "Member" (which means that you are a paid Member with Adopted.com or Iwasadopted.com). The term "User" refers to a Registrant or a Member. You are only authorized to use the Adopted.com and Iwasadopted.com Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Adopted.com or Iwasadopted.com Website and discontinue use of the Adopted.com or Iwasadopted.com Services immediately. If you wish to become a Member, communicate with other Registrants and make use of the Adopted.com or Iwasadopted.com Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Adopted.com's and Iwasadopted.com's policies for acceptable use of the Adopted.com and Iwasadopted.com Services and Content posted on the Adopted.com and Iwasadopted.com Websites, your rights, obligations and restrictions regarding your use of the Adopted.com or Iwasadopted.com Services and Adopted.com' and Iwasadopted.com's Privacy Policy. In order to participate in certain Adopted.com and Iwasadopted.com Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Adopted.com and Iwasadopted.com Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Adopted.com or Iwasadopted.com may modify this Agreement from time to time and such modification shall be effective upon posting by Adopted.com or Iwasadopted.com on the Adopted.com or Iwasadopted.com Website. You agree to be bound to any changes to this Agreement when you use the Adopted.com or Iwasadopted.com Services 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 Adopted.com and Iwasadopted.com and that you provide to other Users. Your Adopted.com and Iwasadopted.com profiles may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Adopted.com or Iwasadopted.com Registrants (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Adopted.com and Iwasadopted.com assume no responsibility or liability for this material. If you become aware of misuse of the Adopted.com or Iwasadopted.com Services by any person, please contact us to report it immediately.

Adopted.com and Iwasadopted.com reserve 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 the Adopted.com or Iwasadopted.com Services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility. Use of and Registration in the Adopted.com and Iwasadopted.com Services is void where prohibited. By using the Adopetd.com or Iwasadopted.com Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Adopted.com or Iwasadopted.com Services does not violate any applicable law or regulation. Your profile may be deleted and your Registration may be terminated without warning, if we believe that you are less than 18 years of age.
  2. Term. This Agreement shall remain in full force and effect while you use the Adopted.com or Iwasadopted.com Services or are a Member or Registrant. Adopted.com or Iwasadopted.com may terminate your Registration at any time, without warning. Even after Registration is terminated, this Agreement will remain in effect, including all sections.
  3. Fees. You acknowledge that Adopted.com and Iwasadopted.com reserve the right to charge for the Adopted.com and Iwasadopted.com Services and to change its fees from time to time in its discretion. If Adopted.com or Iwasadopted.com terminate your Registration because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.  In addition, if you attempt to charge back fees against Adopted.com or Iwasadopted.com after services have been rendered, you are thereby releasing any information within your account that may be required to prove your relationship with our service.  This includes but is not limited to all information given within your membership and account, including correspondence with other members and details of your search.  If you utilize the service, and then attempt to defraud our company by reversing the charge, we reserve the right to prove your engagement with us by utilizing any and all information you have provided to our company.
  4. Password. When you sign up to become a Member, you will also be given 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 Adopted.com or Iwasadopted.com 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.
  5. Non-commercial Use by Registrants. The Adopted.com and Iwasadopted.com Services are for the personal use of Registrants only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Adopted.com or Iwasadopted.com. Illegal and/or unauthorized use of the Adopted.com or Iwasadopted.com Services, including collecting usernames and/or email addresses of Registrants by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Adopted.com or Iwasadopted.com 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 Registration privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Adopted.com or Iwasadopted.com Services.
  6. Proprietary Rights in Content on Adopted.com and Iwasadopted.com.
  7. a. Adopted.com and Iwasadopted.com do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Adopted.com or Iwasadopted.com Services. After posting your Content to the Adopted.com or Iwasadopted.com Services, 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 publishing ("posting") any Content on or through the Adopted.com or Iwasadopted.com Services, you hereby grant to Adopted.com and Iwasadopted.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Adopted.com and Iwasadopted.com Services.

    Without this license, Adopted.com and Iwasadopted.com would be unable to provide the Adopted.com and Iwasadopted.com Services. For example, without the right to modify Member Content, Adopted.com and Iwasadopted.com would not be able to digitally compress music files that Registrants submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Adopted.com and Iwasadopted.com could not allow Users to listen to music posted by Registrants. The license you grant to Adopted.com and Iwasadopted.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Adopted.com and Iwasadopted.com), fully-paid and royalty-free (meaning that Adopted.com and Iwasadopted.com are not required to pay you for the use on the Adopted.com or Iwasadopted.com Services of the Content that you post), sub licensable (so that Adopted.com and Iwasadopted.com are able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Adopted.com and Iwasadopted.com Services), and worldwide (because the Internet and the Adopted.com and Iwasadopted.com Services are global in reach). This license will terminate at the time you remove your Content from the Adopted.com and Iwasadopted.com Services. The license does not grant Adopted.com or Iwasadopted.com the right to sell your Content, nor does the license grant Adopted.com or Iwasadopted.com the right to distribute your Content outside of the Adopted.com and Iwasadopted.com Services.

    b. You represent and warrant that: (i) you own the Content posted by you on or through the Adopted.com or Iwasadopted.com Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Adopted.com or Iwasadopted.com Services 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 to or through the Adopted.com or Iwasadopted.com Services.

    c. The Adopted.com and Iwasadopted.com Services contain Content of Adopted.com and Iwasadopted.com ("Adopted.com and Iwasadopted.com Content"). Adopted.com and Iwasadopted.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Adopted.com and Iwasadopted.com own and retain all rights in the Adopted.com and Iwasadopted.com Content and the Adopted.com and Iwasadopted.com Services. Adopted.com and Iwasadopted.com hereby grant you a limited, revocable, nonsublicensable license to reproduce and display the Adopted.com and Iwasadopted.com Content (excluding any software code) solely for your personal use in connection with viewing the Adopted.com and Iwasadopted.com Website and using the Adopted.com and Iwasadopted.com Services.

    d. The Adopted.com and Iwasadopted.com Services contain Content of Users and other Adopted.com and Iwasadopted.com 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 or through the Adopted.com or Iwasadopted.com Services.

  8. Content Posted.

    a. Adopted.com and Iwasadopted.com may delete any Content that in the sole judgment of Adopted.com or Iwasadopted.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Adopted.com and Iwasadopted.com assume no responsibility for monitoring the Adopted.com or Iwasadopted.com Services for inappropriate Content or conduct. If at any time Adopted.com or Iwasadopted.com chooses, in its sole discretion, to monitor the Adopted.com or Iwasadopted.com Services, Adopted.com and Iwasadopted.com nonetheless assume 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.

    b. You are solely responsible for the Content that you post on or through any of the Adopted.com and Iwasadopted.com Services, and any material or information that you transmit to other Registrants and for your interactions with other Users. Adopted.com and Iwasadopted.com do not endorse and have no control over the Content. Content is not necessarily reviewed by Adopted.com or Iwasadopted.com prior to posting and does not necessarily reflect the opinions or policies of Adopted.com or Iwasadopted.com. Adopted.com and Iwasadopted.com make 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 Registrants.

     

  9. 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 Adopted.com and Iwasadopted.com Services. Adopted.com and Iwasadopted.com reserve the right to investigate and take appropriate legal action against anyone who, in Adopted.com's or Iwasadopted.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Adopted.com or Iwasadopted.com Services and terminating the Registration of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Adopted.com or Iwasadopted.com:
  10. a.      is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

    b.      harasses or advocates harassment of another person;

    c.      exploits people in a sexual or violent manner;

    d.      contains nudity, violence, or offensive subject matter or contains a link to an adult website;

    e.      solicits personal information from anyone under 18;

    f.       provides any telephone numbers, street addresses, last names, URLs or email addresses;

    g.      promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

    h.      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;

    i.        involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

    j.        contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

    k.      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;

    l.        solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

    m.    involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

    n.      includes a photograph of another person that you have posted without that person's consent; or

    o.      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 Adopted.com and Iwasadopted.com Website and through your use of the Adopted.com or Iwasadopted.com Services. Adopted.com and Iwasadopted.com reserve the right to investigate and take appropriate legal action against anyone who, in Adopted.com's or Iwasadopted.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

    a.      criminal or tortuous 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;

    b.      advertising to, or solicitation of, any Member to buy or sell any products or services through the Adopted.com or Iwasadopted.com Services. You may not transmit any chain letters or junk email to other Registrants. It is also a violation of these rules to use any information obtained from the Adopted.com or Iwasadopted.com Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Registrants from such advertising or solicitation, Adopted.com and Iwasadopted.com reserve the right to restrict the number of emails which a Member may send to other Registrants in any 24-hour period to a number which Adopted.com or Iwasadopted.com deem appropriate in their sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Adopted.com or Iwasadopted.com Services, you acknowledge that you will have caused substantial harm to Adopted.com or Iwasadopted.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Adopted.com or Iwasadopted.com $50 for each such unsolicited email or other unsolicited communication you send through the Adopted.com or Iwasadopted.com Services;

    c.      covering or obscuring the banner advertisements on your personal profile page, or any Adopted.com or Iwasadopted.com page via HTML/CSS or any other means;

    d.      any automated use of the system, such as using scripts to add friends or send comments or messages;

    e.      interfering with, disrupting, or creating an undue burden on the Adopted.com or Iwasadopted.com Services or the networks or services connected to the Adopted.com or Iwasadopted.com Services;

    f.       attempting to impersonate another Member or person;

    g.      for band profiles, copying the code for your Adopted.com or Iwasadopted.com Player and embedding it into other profiles or asking other Registrants to embed it into their profiles;

    h.      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;

    i.        selling or otherwise transferring your profile;

    j.        using any information obtained from the Adopted.com or Iwasadopted.com Services in order to harass, abuse, or harm another person;

    k.      displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Adopted.com or Iwasadopted.com Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or

    l.        using the Adopted.com or Iwasadopted.com Services in a manner inconsistent with any and all applicable laws and regulations.

  11. 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 Adopted.com and Iwasadopted.com to terminate Registration privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Adopted.com or Iwasadopted.com by the copyright owner or the copyright owner's legal agent.
  12. Member Disputes. You are solely responsible for your interactions with other Adopted.com and Iwasadopted.com Registrants. Adopted.com and Iwasadopted.com reserve the right, but have no obligation, to monitor disputes between you and other Registrants.
  13. Privacy. Use of the Adopted.com or Iwasadopted.com Services are also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  14. Disclaimers. Adopted.com and Iwasadopted.com are not responsible for any incorrect or inaccurate Content posted on the Adopted.com or Iwasadopted.com Websites or in connection with the Adopted.com or Iwasadopted.com Services, whether caused by Users of the Adopted.com or Iwasadopted.com Services or by any of the equipment or programming associated with or utilized in the Adopted.com or Iwasadopted.com Services. Profiles created and posted by Registrants on the Adopted.com or Iwasadopted.com Website may contain links to other websites. Adopted.com and Iwasadopted.com are 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 Adopted.com or Iwasadopted.com. Inclusion of any linked website on the Adopted.com or Iwasadopted.com Services does not imply approval or endorsement of the linked website by Adopted.com or Iwasadopted.com. When you access these third-party sites, you do so at your own risk. Adopted.com and Iwasadopted.com take no responsibility for third party advertisements that are posted on this Adopted.com or Iwasadopted.com Website or through the Adopted.com or Iwasadopted.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Adopted.com and Iwasadopted.com are not responsible for the conduct, whether online or offline, of any User of the Adopted.com or Iwasadopted.com Services. Adopted.com and Iwasadopted.com assume 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. Adopted.com and Iwasadopted.com are 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 any of the Adopted.com or Iwasadopted.com Services 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 the Adopted.com or Iwasadopted.com Services. Under no circumstances shall Adopted.com or Iwasadopted.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Adopted.com or Iwasadopted.com Services, attendance at an Adopted.com or Iwasadopted.com event, from any Content posted on or through the Adopted.com or Iwasadopted.com Services, or from the conduct of any Users of the Adopted.com or Iwasadopted.com Services, whether online or offline. The Adopted.com and Iwasadopted.com Services are provided "AS-IS" and as available and Adopted.com and Iwasadopted.com expressly disclaim any warranty of fitness for a particular purpose or non-infringement. Adopted.com and Iwasadopted.com cannot guarantee and do not promise any specific results from use of the Adopted.com or Iwasadopted.com Services.
  15. Limitation on Liability. IN NO EVENT SHALL ADOPTED.COM OR IWASADOPTED.COM 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 ADOPTED.COM OR IWASADOPTED.COM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ADOPTED.COM'S AND IWASADOPTED.COM'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 ADOPTED.COM OR IWASADOPTED.COM FOR THE ADOPTED.COM OR IWASADOPTED.COM SERVICES DURING THE TERM OF REGISTRATION.
  16. Export Controls. Software available in connection with the Adopted.com or Iwasadopted.com Services (the "Software") is further subject to export controls. No Software may be downloaded from the Adopted.com or Iwasadopted.com Services or otherwise exported or re-exported in violation of any export laws. Downloading or using the Software is at your sole risk.
  17. Disputes. If there is any dispute about or involving the Adopted.com or Iwasadopted.com Services, you agree that the dispute shall be governed by the laws of the Province of British Columbia, Canada, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the provincial and federal courts of Canada located in the Province of British Columbia, City of Vancouver. Either Adopted.com, Iwasadopted.com or you may demand that any dispute between Adopted.com or Iwasadopted.com and you about or involving the Adopted.com or Iwasadopted.com Services must be settled by arbitration utilizing a Canadian Arbitration service, provided that the foregoing shall not prevent Adopted.com or Iwasadopted.com from seeking injunctive relief in a court of competent jurisdiction.
  18. Indemnity. You agree to indemnify and hold Adopted.com and Iwasadopted.com, their 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 the Adopted.com or Iwasadopted.com Services 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 Adopted.com or Iwasadopted.com Website or through the Adopted.com or Iwasadopted.com Services causes Adopted.com or Iwasadopted.com to be liable to another.
  19. Other. This Agreement is accepted upon your use of the Adopted.com or Iwasadopted.com Website or any of the Adopted.com or Iwasadopted.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Adopted.com or Iwasadopted.com regarding the use of the Adopted.com or Iwasadopted.com Services. The failure of Adopted.com or Iwasadopted.com 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.