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This agreement was written in English (US). Please note that Section 16 contains certain changes to the general terms for users outside the United States. Date of Last Revision: June 16, 2010 Statement of Rights and Responsibilities This Statement of Rights and Responsibilities ("Statement") derives from the Malibunetwork.com Principles, and governs our relationship with users and others who interact with M0alibunetwork.com. By using or accessing Malibunetwork.com, you agree to this Statement. Privacy Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use Facebook to share with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help make informed decisions. Sharing Your Content and Information You own all of the content and information you post on Malibunetwork.com, and you can control how it is shared through your privacy and application settings. In addition: For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Malibunetwork.com ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, read our Privacy Policy and About Platform page.) When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of Malibunetwork.com, to access and use that information, and to associate it with you (i.e., your name and profile picture). We always appreciate your feedback or other suggestions about Malibunetwork.com, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them). Safety We do our best to keep Malibunetwork.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments: You will not send or otherwise post unauthorized commercial communications (such as spam) on Malibunetwork.com. You will not collect users' content or information, or otherwise access Malibunetwork.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Malibunetwork.com. You will not upload viruses or other malicious code. You will not solicit login information or access an account belonging to someone else. You will not bully, intimidate, or harass any user. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Malibunetwork.com without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws. You will not use Malibunetwork.com to do anything unlawful, misleading, malicious, or discriminatory. You will not do anything that could disable, overburden, or impair the proper working of Malibunetwork.com, such as a denial of service attack. You will not facilitate or encourage any violations of this Statement. Registration and Account Security Malibunetwork.com users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: You will not provide any false personal information on Malibunetwork.com, or create an account for anyone other than yourself without permission. You will not create more than one personal profile. If we disable your account, you will not create another one without our permission. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser). You will not use Malibunetwork.com if you are under 13. You will not use Malibunetwork.com if you are a convicted sex offender. You will keep your contact information accurate and up-to-date. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name). Protecting Other People's Rights We respect other people's rights, and expect you to do the same. You will not post content or take any action on Malibunetwork.com that infringes or violates someone else's rights or otherwise violates the law. We can remove any content or information you post on Malibunetwork.com if we believe that it violates this Statement. We will provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement page. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. You will not use our copyrights or trademarks (including Malibunetwork.com, the Malibunetwork and Logos, MN), or any confusingly similar marks, without our written permission. If you collect information from users, you will: obtain their consent, make it clear you (and not Malibunetwork.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. You will not post anyone's identification documents or sensitive financial information on Malibunetwork.com. You will not tag users or send email invitations to non-users without their consent. Mobile We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply. In the event you change or deactivate your mobile telephone number, you will update your account information on Malibunetwork.com within 48 hours to ensure that your messages are not sent to the person who acquires your old number. You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Malibunetwork.com, as well as your name and profile picture. Payments If you make a payment on Malibunetwork.com or use Malibunetwork.com Credits, you agree to our Payments Terms. Special Provisions Applicable to Share Links If you include our Share Link button on your website, the following additional terms apply to you: We give you permission to use Malibunetwork.com's Share Link button so that users can post links or content from your website on Malibunetwork.com. You give us permission to use and allow others to use such links and content on Malibunetwork.com. You will not place a Share Link button on any page containing content that would violate this Statement if posted on Malibunetwork.com. Special Provisions Applicable to Developers/Operators of Applications and Websites If you are a developer or operator of a Platform application or website, the following additional terms apply to you: You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our Developer Principles and Policies and our Advertising Guidelines. Your access to and use of data you receive from Malibunetwork.com, will be limited as follows: You will only request data you need to operate your application. You will have a privacy policy that tells users what user data you are going to use and how you will use, display, share, or transfer that data. You will not use, display, share, or transfer a user’s data in a manner inconsistent with your privacy policy. You will delete all data you receive from us concerning a user if the user asks you to do so, and will provide a mechanism for users to make such a request. You will not include data you receive from us concerning a user in any advertising creative. You will not directly or indirectly transfer any data you receive from us to (or use such data in connection with) any ad network, ad exchange, data broker, or other advertising related toolset, even if a user consents to that transfer or use. We can limit your access to data. You will comply with all other restrictions contained in our Developer Principles and Policies. You will not give us information that you independently collect from a user or a user's content without that user's consent. You will make it easy for users to remove or disconnect from your application. You will make it easy for users to contact you. We can also share your email address with users and others claiming that you have infringed or otherwise violated their rights. You will provide customer support for your application. You will not show third party ads or web search boxes on Malibunetwork.com. We give you all rights necessary to use the code, APIs, data, and tools you receive from us. You will not sell, transfer, or sublicense our code, APIs, or tools to anyone. You will not misrepresent your relationship with Malibunetwork.com to others. You may use the logos we make available to developers or issue a press release or other public statement so long as you follow our Developer Principles and Policies. We can issue a press release describing our relationship with you. You will comply with all applicable laws. In particular you will (if applicable): have a policy for removing infringing content and terminating repeat infringers that complies with the Digital Millennium Copyright Act. comply with the Video Privacy Protection Act ("VPPA"), and obtain any opt-in consent necessary from users so that user data subject to the VPPA may be shared on Malibunetwork.com. You represent that any disclosure to us will not be incidental to the ordinary course of your business. We do not guarantee that Platform will always be free. You give us all rights necessary to enable your application to work with Malibunetwork.com, including the right to incorporate content and information you provide to us into streams, profiles, and user action stories. You give us the right to link to or frame your application, and place content, including ads, around your application. We can analyze your application, content, and data for any purpose, including commercial (such as for targeting the delivery of advertisements and indexing content for search). To ensure your application is safe for users, we can audit it. We can create applications that offer similar features and services to, or otherwise compete with, your application. About Advertisements on Malibunetwork.com Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following: You can use your privacy settings to limit how your name and profile picture may be associated with commercial or sponsored content served by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place. We do not give your content or information to advertisers without your consent. You understand that we may not always identify paid services and communications as such. Special Provisions Applicable to Advertisers You can target your specific audience by buying ads on Malibunetwork.com or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal ("Order"): When you place an Order, you will tell us the type of advertising you want to buy, the amount you want to spend, and your bid. If we accept your Order, we will deliver your ads as inventory becomes available. You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms. Your ads will comply with our Advertising Guidelines. We will determine the size, placement, and positioning of your ads. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get. We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads. We do, however, have systems to detect and filter certain suspicious activity, learn more here. You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for those ads. Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it. We can use your ads and related content and information for marketing or promotional purposes. You will not issue any press release or make public statements about your relationship with Malibunetwork.com without written permission. We may reject or remove any ad for any reason. If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following: You warrant that you have the legal authority to bind the advertiser to this Statement. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation. Special Provisions Applicable to Pages If you create or administer a Page on Malibunetwork.com, you agree to our Pages Terms. Amendments We can change this Statement if we provide you notice (by posting the change on the Malibunetwork.com Site Governance Page) and an opportunity to comment To get notice of any future changes to this Statement, visit our Malibunetwork.com Site Governance Page and become a fan. For changes to sections 7, 8, 9, and 11 (sections relating to payments, application developers, website operators, and advertisers), we will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice. All such comments must be made on the Facebook Site Governance Page. If more than 7,000 users comment on the proposed change, we will also give you the opportunity to participate in a vote in which you will be provided alternatives. The vote shall be binding on us if more than 30% of all active registered users as of the date of the notice vote. We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment. Termination If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Malibunetwork.com to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 8.2, 9.1-9.3, 9.9, 9.10, 9.13, 9.15, 9.18, 10.3, 11.2, 11.5, 11.6, 11.9, 11.12, 11.13, and 14-18. Disputes You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or Malibunetwork.com exclusively in a state or federal court located in Los Angeles County. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims. If anyone brings a claim against us related to your actions, content or information on Malibunetwork.com, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. WE TRY TO KEEP MALIBUNETWORK.COM UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING MALIBUNETWORK.COM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT MALIBUNETWOR.COM WILL BE SAFE OR SECURE. MALIBUNETWORK.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR MALIBUNETWORK.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR MALIBUNETWORK.COM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, MALIBUNETWORK.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Special Provisions Applicable to Users Outside the United States We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States: You consent to having your personal data transferred to and processed in the United States. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Malibunetwork.com (such as advertising or payments) or operate a Platform application or website. Certain specific terms that apply only for German users are available here. Definitions By "Malibunetwork.com" we mean the features and services we make available, including through (a) our website at www.malibunetwork.com and any other Malibunetwork.com branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed. By "us," "we" and "our" we mean Mecheri Software & Social Web Applications, Corp., or if you are outside of the United States, Mecheri Software England Limited. By "Platform" we mean a set of APIs and services that enable others, including application developers and website operators, to retrieve data from Malibunetwork.com or provide data to us. By "information" we mean facts and other information about you, including actions you take. By "content" we mean anything you post on Malibunetwork.com that would not be included in the definition of "information." By "data" we mean content and information that third parties can retrieve from Malibunetwork.com or provide to Malibunetwork.com through Platform. By "post" we mean post on Malibunetwork.com or otherwise make available to us (such as by using an application). By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of. By "active registered user" we mean a user who has logged into Malibunetwork.com at least once in the previous 30 days. By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives data from us. Other This Statement makes up the entire agreement between the parties regarding Malibunetwork.com, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent us from complying with the law. This Statement does not confer any third party beneficiary rights. You may also want to review the following documents: Privacy Policy: The Privacy Policy is designed to help you understand how we collect and use information. Payment Terms: These additional terms apply to all payments made on or through Malibunetwork.com. About Platform: This page helps you better understand what happens when you add a third-party application or use Malibunetwork.com Connect, including how they may access and use your data. Developer Principles and Policies: These guidelines outline the policies that apply to applications, including Connect sites. Advertising Guidelines: These guidelines outline the policies that apply to advertisements placed on Malibunetwork.com. Promotions Guidelines: These guidelines outline the policies that apply if you have obtained written pre-approval from us to offer contests, sweepstakes, and other types of promotions on Malibunetwork.com. How to Report Claims of Intellectual Property Infringement How to Appeal Claims of Copyright Infringement Pages Terms Your Interactions with Other Members. You are solely responsible for your interactions with other Members. You understand that Malibunetwork.com does not in any way screen its Members, nor does Malibunetwork.com inquire into the backgrounds of its Members or attempt to verify the statements of its Members. Malibunetwork.com makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. In no event shall Malibunetwork.com be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Members of the Service, particularly if you decide to meet offline or in person. In addition, you agree to review Malibunetwork.com's Dating Safety Tips prior to using the Service. You understand that Malibu.com makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Members. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Malibunetwork.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Malibunetwork.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Malibunetwork.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 Malibunetwork.com for the Service during the term of membership, (Free or pay). Safety We do our best to keep Malibunetwork.com safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments: 1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Malibunetwork.com. 2. You will not collect users' content or information, or otherwise access Malibunetwork.com, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. 3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Malibunetwork.com. 4. You will not upload viruses or other malicious code. 5. You will not solicit login information or access an account belonging to someone else. 6. You will not bully, intimidate, or harass any user. 7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. 8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions. 9. You will not offer any contest, giveaway, or sweepstakes ("promotion") on Malibunetwork.com without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws. 10. You will not use Malibunetwork.com to do anything unlawful, misleading, malicious, or discriminatory. 11. You will not do anything that could disable, overburden, or impair the proper working of Malibunetwork.com, such as a denial of service attack. 12. You will not facilitate or encourage any violations of this Statement. Registration and Account Security Malibunetwork.com users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: 1. You will not provide any false personal information on Malibunetwork.com, or create an account for anyone other than yourself without permission. 2. You will not create more than one personal profile. 3. If we disable your account, you will not create another one without our permission. 4. You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser). 5. You will not use Malibunetwork.com if you are under 13. 6. You will not use Malibunetwork.com if you are a convicted sex offender. 7. You will keep your contact information accurate and up-to-date. 8. You will not share your password, (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account. 9. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission. 10. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name). Protecting Other People's Rights We respect other people's rights, and expect you to do the same. 1. You will not post content or take any action on Malibunetwork.com that infringes or violates someone else's rights or otherwise violates the law. 2. We can remove any content or information you post on Malibunetwork.com if we believe that it violates this Statement. 3. You need to protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement pages online, and contact us ASAP via the Admin E-mail. 4. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. 5. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate. 6. You will not use our copyrights or trademarks (including Malibunetwork.com, the Malibunetwork and M Logos, MB), or any confusingly similar marks, without our written permission. 7. If you collect information from users, you will: obtain their consent, make it clear you (and not Malibunetwork.com) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it. 8. You will not post anyone's identification documents or sensitive financial information on Malibunetwork.com. 9. You will not tag users or send email invitations to non-users without their consent. Mobile 1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging fees, will still apply. 2. In the event you change or deactivate your mobile telephone number, you will update your account information on Malibunetwork.com within 48 hours to ensure that your messages are not sent to the person who acquires your old number. 3. You provide all rights necessary to enable users to sync (including through an application) their contact lists with any basic information and contact information that is visible to them on Malibunetwork.com, as well as your name and profile picture. Payments If you make a payment on Malibunetwork.com or use Malibunetwork Credits, you agree to our Payments Terms. Payments Terms When you make payments through Malibunetwork.com, you agree to these Payments Terms. 1. Making Purchases 1. When you confirm a transaction on Malibunetwork.com, you agree to be bound by and pay for that transaction. 2. Pay attention to the details of the transaction, because your total price may include taxes, fees, and shipping costs, which you are responsible for paying. 3. Don't commit to a transaction unless you are ready to pay, because all sales are final. 4. If you order something that becomes unavailable before it can be provided to you, your only remedy is to receive a refund of your purchase price. 5. When you "purchase" a virtual gift from our gift shop, we commit to posting the gift and any accompanying message from you on the recipient's profile (or sharing it privately if you choose). Our obligation ends when we deliver the gift and message. 6. You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction. 7. Even though we use terms like "purchase," "buy," "sell," and "order" to talk about transactions related to virtual gifts and credits, we don't transfer an ownership interest in those items. For example, the virtual gifts we make available through our gift shop are licensed to you, not sold. 8. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON OR THROUGH MALIBUNETWORK.COM. 2. Payment Sources We want to make payments convenient, so we allow you to make payments using a number of different payment sources, like credit cards and debit cards. 1. When you provide a payment source to us, you confirm that you are permitted to use that payment source. You also authorize us to collect and store it, along with other related transaction information. 2. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment source you designate for the transaction. 3. If you pay by credit or debit card we may obtain a pre-approval from the issuer of the card for an amount up to the amount of the purchase. We will bill your card at the time of purchase or shortly thereafter. If you cancel a transaction before completion, that pre-approval may result in your funds not otherwise being immediately available. 4. If you pay by debit card and your payment results in an overdraft or other fee from your bank, you alone are responsible for that fee. 3. Purchasing and Using Credits You may purchase credits from Malibunetwork.com to purchase virtual goods, or to send gifts or special messages to other users. 1. When you purchase or receive credits, you do not own the credits. Rather, you receive a limited right to use such credits in connection with certain features on Malibunetwork.com, such as the purchase of a virtual gift. 2. Purchases of credits are non-refundable. 3. You will not sell credits to anyone, or transfer them to anyone outside of Malibunetwork.com. 4. We may change the purchase price for credits at any time as well as the ways that you can use or transfer credits. We also reserve the right to stop issuing credits. 5. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing. 6. If you leave a balance of credits unused for three years, we may redeem those credits by sending virtual gifts to your Malibunetwork.com friends or donating the credits to a nonprofit organization of our choice (and charging standard redemption fees for those transactions). 7. If you deactivate your account and do not reactivate it within 6 months, or if you delete your account, you will lose any accumulated credits. 8. If we deactivate your account and you do not meet any conditions necessary to reinstate it within 6 months, we may redeem those credits by donating the credits to a nonprofit organization of our choice (and charging standard redemption fees for those transactions). 9. If you receive free or promotional Credits, we may expire them at any time. 4. Actions We May Take As part of our effort to keep Malibunetwork.com safe, we may take certain actions to reduce liability for users and us. 1. We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness. 2. We may cancel any transaction if we believe the transaction violates these Payments Terms or the Statement of Rights and Responsibilities, or we believe doing so may prevent financial loss. 3. We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss. 4. We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law. 5. We may cancel any credits transferred, assigned, or sold in violation of these Payments Terms or the Statement of Rights and Responsibilities. 6. If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum. 5. Disputes and Reversals 1. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss. 2. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge. 3. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. 4. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent. 5. We may intervene in disputes between users concerning payments but have no obligation to do so. 6. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time. 6. Special Provisions Applicable to Advertisers 1. When you purchase advertising on or through Malibunetwork.com, you agree to pay all amounts specified in the order, along with any applicable taxes. 2. You are responsible for maintaining the security of your advertising account, and you understand that you will be charged for any orders placed on or through your advertising account. 3. You can cancel an advertising order at any time through our online portal, but your ads may run for several days after you notify us, and you are still responsible for paying for those ads. 4. Without limiting section 4.1, your order constitutes your written authorization for us to obtain your personal and/or business credit report from a credit bureau. We may obtain your credit report when you place an order, or at any time thereafter. 5. It is your responsibility to remit any taxes that apply to your transactions. You agree to indemnify and hold us harmless from and against any claim arising out of your failure to do so. 7. Notices and Amendments to These Payments Terms 1. We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent. 2. Except as otherwise stated, you must send notices to us relating to payments and these Payment Terms by e-mail at:info@malibunetwork.com 3. The Payment Terms in place at the time you confirm a transaction will govern that transaction. 4. We may change these Payment Terms, in whole or in part, even though the changes may affect accumulated credits. All amendments to these Payment Terms will be made pursuant to Section 12 of the Statement of Rights and Responsibilities. 8. Other 1. All of the commitments you make in the Malibunetwork.com Statement of Rights and Responsibilities apply to payments through Malibunetwork.com. In the event of any conflict between these Payments Terms and the Malibunetwork.com Statement of Rights and Responsibilities, the Payments Terms shall prevail. 2. If you are under the age of 18, you may make payments only with the involvement of a parent or guardian. You should review these Payments Terms with a parent or guardian to make sure that you both understand them. 3. If you are a resident of or have your principle place of business in the US or Canada, these Payments Terms are between you and Mecheri Software Group. 4. Some countries may restrict or prohibit your ability to make payments through Malibunetwork.com. Nothing in these Payments Terms should be read to override or circumvent any such foreign laws. Special Provisions Applicable to Developers/Operators of Applications and Websites If you are a developer or operator of a Platform application or website, the following additional terms apply to you: 1. You are responsible for your application and its content and all uses you make of Platform. This includes ensuring your application or use of Platform meets our malibunetwork.com Platform Policies and our Advertising Guidelines. please, e-mail us to receive our guidelines, before you engage. About Advertisements and Other Commercial Content Served or Enhanced by Malibunetwork.com Our goal is to deliver ads that are not only valuable to advertisers, but also valuable to you. In order to do that, you agree to the following: 1. You can use your privacy settings to limit how your name and profile picture may be associated with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. You give us permission to use your name and profile picture in connection with that content, subject to the limits you place. 2. We do not give your content or information to advertisers without your consent. 3. You understand that we may not always identify paid services and communications as such. E-mail us for further guidelines and policies, before you engage. Special Provisions Applicable to Advertisers You can target your specific audience by buying ads on malibunetwork.com or our publisher network. The following additional terms apply to you if you place an order through our online advertising portal. E-mail us for further guidelines and policies before you engage. Our Intellectual Property This Site is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Except as otherwise specified in these Terms of Use, all individual articles, content and other elements comprising this Site are also copyrighted works. All copyright rights in this Site and these works are owned by The Washington Post or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws, and are provided for your educational and non-commercial purposes only. You must abide by all additional copyright notices or restrictions contained on this Site. You agree to use this Site only for your own personal and non-commercial use, although such use includes the purchase of advertising from us for a business or other commercial entity. We do not grant you a license to use this Site for any other purpose. Except for content you have posted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site without our express written permission. Without limiting the generality of the foregoing, you may not distribute any part of this Site over any network, including a local area network, nor sell or offer it for sale. To request express written permission to copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, distribute or in any way exploit any part of this Site, please contact us. All rights in the product names, company names, trade names, logos, product packaging, and designs of all of our (or any third-party) products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to us or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of The Washington Post or any third party. 3. Links The Site may, as a convenience to users, provide links to third-party content and other Web sites. We do not endorse, sponsor, or accept any responsibility for such material, and we are not responsible for the content or privacy practices of any linked sites. 4. Limitation of Liability You understand that the Site is solely an informational service, and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the Site, for any reason, including costs incurred while using the Site, the inaccessibility of the Site, or the costs associated with any claims you bring or try to bring against us. IN NO EVENT WILL WE OR OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE US AND OUR OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SUBSIDIARIES, PARENTS, PARTNERS, AND LICENSORS (“THE POST PARTIES”) FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law. 5. Indemnity YOU AGREE TO INDEMNIFY THE POST PARTIES AGAINST, AND HOLD THE POST PARTIES HARMLESS FROM, LIABILITY, LOSSES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) INCURRED AS A RESULT OF YOUR USE OF THE SITE OR CLAIMS MADE IN CONNECTION WITH SUCH USE. 6. Disclaimer of Warranties THIS SITE IS PROVIDED “AS IS.” WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY US, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. WAIVER OF RIGHT TO SUE AND WAIVER OF LIABILITY This is a contract wherein in order for you to use our Social & Business networking website, malibunetwork.com. you are forfeiting your legal right to file a law suit for damages in case of injury, or damage to business. If you choose not to sign this Release and Waiver of Liability, you can not be granted access to Malibunetwork.com. It is not economically feasible for us to offer this website for business use and risk a law suit against us if you suffer any kind of injury or loss and damage in your business activities. "Advertising", "Privacy", “Reputation”, "Profit", "Loss of income", "Bankrupcy", "Loss of business", and all related business activities performed on Malibunetwork.com which may harm your business. and that there are numerous obvious and non-obvious inherent risks always present in such business activities despite all safety precautions. I further understand that the meaning of this term is defined as follows: In consideration of the acceptance of this Contract, the undersigned agrees that The mecheri Software Group and any and all other persons or entities involved in providing the Social networking website (Malibunetwork.com)l use, together with all their agents, subcontractors, tenants, employees and volunteers, SHALL NOT BE LIABLE for damages or injury, for any loss due to loss of or damage to business or for any other consequential or incidental damages caused in any manner whatsoever where any such liability is attributable to the absence of ordinary or even slight care by The mecheri Software Group, and Malibunetwork.com in the conduct of business activities at the Malibunetwork.com's social & business networking website. Furthermore, each of the undersigned DOES HEREBY WAIVE any and all claims, or causes of action against The Mecheri Software Group, and Malibunetwork.com which he or she may have by reason thereof AND DOES HEREBY RELEASE AND HOLD HARMLESS the Mecheri Software Group, and Malibunetwork.com FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION that he or she may have as a result of access to Malibunetwork.com. Each of the undersigned further agrees not to bring or cause to be brought any suit or any such claim or cause of action and acknowledges that the releases and waivers referred to herein shall apply regardless of whether liability is asserted on the basis of contract, strict liability or ordinary or gross negligence. Each of the undersigned further acknowledges that the execution of this Release and Waiver is continuing in nature, that it is his or her free and voluntary act, that he or she does not intend to participate in use of the Malibunetwork.com's website until or unless he or she has had full opportunity to his or her satisfaction to receive all information from The Mecheri Software Group, and Malibunetwork.com or agents or employees of The Mecheri Software Group, and Malibunetwork.com which might bear on his or her decision to participate in the website activities and that he or she is under no duress or undue influence. Further each of the undersigned intends both that he, or she be legally bound hereby and in the event of his or her loss or damage, that this Release and Waiver shall be binding on his or her estate, heirs, beneficiaries or any other successors in interest. The undersigned hereby grants full permission to The mecheri Software Group, and Malibunetwork.com to use any photographs, video tapes, motion pictures, recordings or other records of their use on the website, (Malibunetwork.com) and to do so without notice or compensation to him or her. All members must operate in safe manner and in accordance with the Mecheri Software Group's policies, and Malibunetwork.com website. This Release and Waiver shall be construed under the laws of the Commonwealth of California. THE SIGNATURE BELOW VERIFIES THAT EACH OF THE UNDERSIGNED HAS READ AND FULLY UNDERSTANDS THE FORGOING and further certifies that the information provided in this Contract is true and complete. IN WITNESS WAIVER OF RIGHT TO SUE AND WAIVER OF LIABILITY 04/12/2011 WHEREOF, each of the persons desiring to use the malibunetwork.com website has set forth his or her hand on the date below written. (This is electronically replaced by accepting the Terms and conditions while you join our network). no need to sign by hand, just Accept the terms and conditions, which will be as good as your hand signature. 04/12/2011