Before you begin exploring MyClassmate.com, please take a moment to review these Terms of Services ("Terms" or the "Agreement"). These Terms are an agreement between you and MyClassmate.com. It is important that you understand both the benefits we provide as well as our limitations.

This Agreement applies to the website owned by MyClassmate.com accessible at www.MyClassmate.com ("MyClassmate.com").

1. Acceptance of Terms.

When you complete the member registration process, you agree to these Terms. These Terms may be updated from time to time. Your continued use of our services signifies your acceptance of the changes. These Terms will always be available to users on this page for you to read.

When using free services offered through MyClassmate.com's third-party service providers, you will be subject to terms posted by these third-party service providers. Registration for a MyClassmate.com Site signifies your agreement to those additional terms.

 

Also, by opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms.


2. Age Restriction.

MyClassmate.com is not directed to children under the age of 13. MyClassmate.com prohibits registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted at points of data collection within MyClassmate.com, such as registration for services.

Note to Parents. If you have any concerns about MyClassmate.com or its related services, please contact us.

3. About our Services.

A). MyClassmate.com Services. As a commitment to our users, we currently provide you with access to a rich collection of online resources. These include various communications tools, online forums, personalized content and branded programming through MyClassmate.com's website-based "Service." Some services offered on MyClassmate.com are provided free of charge, others requirement payment. It is possible that cost for various services may change in the future.

B). Service Limitations. We will do our best to make your experience with MyClassmate.com a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that MyClassmate.com's services, including the services of our third party service providers, are provided "AS IS." MyClassmate.com and our third party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings.

C). Service Changes and Discontinuation. MyClassmate.com reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that MyClassmate.com will not be liable to You or any third party for any modification or discontinuance of the Service.

D). Privacy Policy. MyClassmate.com respects your privacy and has developed a detailed Privacy Policy that is incorporated into this Agreement. Please take the time to read our Privacy Policy. By agreeing to these Terms, you are also accepting the terms of our Privacy Policy.

4. Website rules

For the benefit of the entire MyClassmate.com community, and to comply with applicable laws, we have a few mandatory guidelines. We hope you will find them reasonable. Please understand, though, that any conduct that violates the Rules is grounds for termination of your account. For this reason, we ask that you carefully read and follow them.

A). Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the MyClassmate.com registration forms (we call this information "Registration Data"). Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate.

B). Guard Your Password. You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of your password and account. And you are fully responsible for all activities that occur using your password or account. Please notify MyClassmate.com immediately of any unauthorized use of your password or account or any other breach of security.

C). Obey the Law. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property of others.

D). Use E-mail and Voice-Mail Responsibly. Some of MyClassmate.com?s websites presently provide its members with access to a email and may in the future offer access to voice mail accounts. As a member, you agree not to use the service to broadcast "junk mail," "spam," "chain letters," or unsolicited mass distribution of files or images. In order to ensure that these communication services are not abused, MyClassmate.com may establish general practices and limits concerning their use. These may include but are not necessarily limited to a maximum number of days that messages will be retained by the service, a maximum number of messages that may be sent from or received by an account on the service, a maximum size or length of any message that may be sent from or received by an account on the service, a maximum amount of disk space that will be allotted for your stored messages, and a maximum time period and number of times you may have access to the service in a given time frame. If you receive email that you find harassing, please forward the email to us with a description of the situation.

E). Content Restrictions. MyClassmate.com attempts to provide some of the very best content available on the web and we make it available to You on the Web for your personal, non-commercial use. All website design, text, graphics, the selection and arrangement thereof, and all software that are part of MyClassmate.com are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on MyClassmate.com is strictly prohibited without the prior written permission of MyClassmate.com. Content that is publicly available on MyClassmate.com may not be stored in a computer, except for personal and non-commercial use.

F). Limits On Uses of User Information By using MyClassmate.com websites you agree not to data scrape, copy, aggregate, redistribute, alter, reproduce or re-use for commercial purposes any user's (whether specific to any particular user or as an aggregation of users' information) information accessible through any websites or networks owned by MyClassmate.com. "Commercial purposes" can include but is not limited to selling information to third parties; using the data collected to customize users' experiences at a site or network outside of MyClassmate.com; using the data for targeted marketing campaigns not affiliated with MyClassmate.com; or using the data to offer services to MyClassmate.com users. MyClassmate.com reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.

G). Consolidated Sites MyClassmate.com users should exercise caution when using consolidation sites. Consolidation sites are Internet sites that offer the ability to collect all of your personal information on one site. For example, you may be encouraged to provide consolidation site operators access to your MyClassmate.com accounts or membership information so that the information can be used to design customized search engines, web pages or advertising for you. All transactions initiated through a consolidation site using access information you provide are considered to be authorized by you, whether or not you were aware of the specific transaction. MyClassmate.com is therefore not responsible if the security, accuracy or quality of your information is compromised by a consolidation site you have authorized to access your data.

5. Rights You Grant to MyClassmate.com

A). Distributing Content You Produce. Subject to MyClassmate.com's Privacy Policy, you are licensing to MyClassmate.com and our third party service providers any "content" you provide through or to MyClassmate.com and the service they offer. MyClassmate.com may modify, display, distribute and create new material using such content on MyClassmate.com's Sites for the promotion and marketing of our services and the operation of our system. Notwithstanding this license, MyClassmate.com will take reasonable precautions to help you to keep your email and voicemail messages private. By submitting content, you automatically agree, or promise, that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, MyClassmate.com and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself.

B). MyClassmate.com Advertising. MyClassmate.com relies on advertisers to help fund the services that we offer to our members. You agree that MyClassmate.com may display advertisements and promotions of all kinds in and with the services.

C). Account Access. In order to ensure that MyClassmate.com is able to provide high-quality services that are responsive to members' needs, you agree that MyClassmate.com employees have access to your account and records as reasonably needed to investigate complaints.

D). Merger or Acquisition. In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by MyClassmate.com, MyClassmate.com may transfer your Personally Identifiable Information to a third party as a part of such merger, acquisition, reorganization, or sale.

6. Warranties, Endorsements, Liabilities and Indemnificaiton

A). Disclaimer of Warranties. You expressly understand and agree that:

Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. MyClassmate.com and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

MyClassmate.com makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from MyClassmate.com, our third party service providers, or through or from the Service will create any warranty not expressly stated in the terms.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

To the extent that any part of this section is not consistent with any other part of these terms, then this Disclaimer of Warranties will override it.

B). No Endorsement of Member Content. You acknowledge and agree that MyClassmate.com does not endorse the content of any member and is not responsible or liable for any content, even though it could be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that MyClassmate.com does not pre-screen all content, but that MyClassmate.com and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the service.

C). Limitation of Liability. You agree that MyClassmate.com will not be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MyClassmate.com has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the service.

D). Indemnification. You agree to protect and fully compensate MyClassmate.com and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the services, your violation of the terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

II. Subscription Terms of Service

THIS SUBSCRIPTION AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("SUBSCRIBER", "YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND MYCLASSMATE.COM, Inc. ("OUR," "US," OR "WE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING MYCLASSMATE.COM's PREMIUM SERVICE (THE "SERVICES"). BY REGISTERING FOR THE SERVICES, , YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS.

1. Payment Obligation and Credit Card Authorization

The Subscriber is responsible for paying periodic subscription fees. All listed fees are in U.S. dollars.

Subscriber hereby authorizes MyClassmate.com to charge the Subscriber's credit card (or other approved facility) provided to pay for the ongoing cost of subscription. Payment for the appropriate services will be made by automatic debit to the Subscriber's credit card (or other approved facility). Subscribers will be automatically renewed for a term equal to the original term upon expiration of the then-current term at a price equal to the current regular, non-promotional price, and continually thereafter, unless the Subscriber terminates the subscription online in advance of the renewal date pursuant to the process set forth below. Subscriber acknowledges and agrees that the authorization to charge Subscriber's credit card for services shall automatically transfer to any successors or assigns of Service for substantially similar services at the same website. Subscriber may not assign or transfer his or her subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order subscriptions online.

Payment must be made by a major credit card accepted by MyClassmate.com (currently, American Express, VISA, MasterCard, and Discover), check, money order, or PayPal. Cash will not be accepted. The billing period ends each month on the anniversary of your activation date ("Billing Date"). If MyClassmate.com does not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by MyClassmate.com. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT MyClassmate.com, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

MyClassmate.com RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY MyClassmate.com. MyClassmate.com MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL.

2. Cancellation of Your Subscription

You may terminate your MEMBERSHIP at any time. When YOU terminate YOUR MEMBERSHIP, YOUR account will not be automatically renewed and YOUR access will be terminated on the expiration date.

You acknowledge that MyClassmate.com, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if MyClassmate.com believes that you have violated or acted inconsistently with the letter or spirit of the Agreement or MyClassmate.com's User Agreement. MyClassmate.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that MyClassmate.com may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that MyClassmate.com shall not be liable to you or any third-party for any termination of your access to the Service.

3. Trial Memberships

MyClassmate.com occasionally offers promotional trial memberships to its premium services at special discounted prices. Subscribers that sign up for such trial memberships will be automatically renewed at the posted subscription rate at the end of the trial period, unless the Subscriber cancels before the end of the trial.

4. Subscriber Information

You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. Once you subscribe to the Service, you shall receive a password and an account. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. Subscriber must promptly inform MyClassmate.com of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until MyClassmate.com is notified by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of premium services.

5. Access

Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of premium services is through a combination of an ID and a password. Each Subscriber must keep his password strictly confidential. MyClassmate.com will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to premium service is a breach of this Agreement and a violation of law.

6. Warranty

No warranty is made by MyClassmate.com regarding any information, services, or products provided through or in connection with premium services, and MyClassmate.com hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

The subscriber hereby warrants and represents that he or she is in all respects is qualified and competent to enter into this agreement.

7. Limitations of Liability

YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.

8. Use Restriction

The material on MyClassmate.com websites is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. MyClassmate.com spends a great deal of time and money to obtain the information appearing on its websites. Subscribers agree that they will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from MyClassmate.com websites, without express written permission from MyClassmate.com. Subscribers agree that, should they do so, MyClassmate.com reserves the right to cancel their subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.

9. Modifications.

This agreement is subject to change by MyClassmate.com at any time. We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. The updates and all changes will be posted at www.MyClassmate.com/UserAgreement.html. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the Service following our posting of a change notice or new agreement on MyClassmate.com will constitute your binding acceptance of the change.

10. Notices

Notices by MyClassmate.com to Subscribers may be given by means of electronic messages or by a general posting on the service. Notices by Subscribers may be given by electronic messages.

11. The Agreement

This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in San Diego County, California, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or federal law. MyClassmate.com expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.