Date of Last Revision: March 25, 2009

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING LIMITATIONS, EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE.

Welcome to gimmepleez.com, a social networking site (“Site”) that connects young adults and their dreams. By accessing or using this web site, you accept these Terms of Use. Please read them carefully. By using the site, you (the “User”) agree that you have read, understand and shall be bound by these Terms of Use, whether or not you are a registered User of gimmepleez.com.

These Terms of Use may be, at the sole discretion of gimmepleez.com, changed, modified or amended at any time without notice. All changes in the Terms of Use will be posted on this page and the date these terms were last revised will be posted at the top of this page. Continued use or access to the Site after any such changes constitutes acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

ELIGIBILITY

Registration as a User with and/or use of the services provided by gimmepleez.com is void where prohibited. This Site is intended solely for users (13) years of age and older. Any registration by, use of or access to the Site by anyone other than as listed above is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older, and that you agree to abide by all of the terms and conditions of this Agreement.

REGISTRATION DATA; ACCOUNT SECURITY

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to gimmepleez.com, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Gimmepleez.com is available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on the Site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the Site to:

•	Take any action that is in any way unlawful or that in any other manner could damage, disable, overburden or impair the Site;
•	use automated scripts to collect information from or otherwise interact with the Site;
•	upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
•	register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
•	impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
•	upload, post, transmit, share or otherwise make available any unsolicited advertising or marketing or solicitations of any kind;
•	upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
•	upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
•	intimidate or harass another;
•	upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
•	use or attempt to use another's account, service or system without authorization from gimmepleez.com, or create a false identity on the Site.
•	upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of gimmepleez.com, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose gimmepleez.com or its users to any harm or liability of any type.

USER CONTENT POSTED ON THE SITE

You are solely responsible for all photos, profiles (including your name, image, and likeness), messages, notes, text, information, other content that you upload, publish or display (hereinafter, "post") on the Site, or transmit to or share with other Users (collectively the "User Content"). You understand and agree that the gimmepleez.com may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content that in the sole judgment of gimmepleez.com violates this Agreement.. You are solely responsible, at your sole cost and expense, for creating backup copies and replacing any User Content you post or store on the Site or provide to gimmepleez.com.

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to gimmepleez.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. Other than the continuing license granted above, gimmepleez.com does not assert any ownership over your User Content. Subject to the rights granted to gimmepleez.com in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

ELECTRONIC COMMUNICATIONS

You hereby consent to receive communications from gimmepleez.com electronically, either by e-mail or posting to the website, and that they shall constitute written communications in conformance with applicable law.

AVAILABILITY

THIS SITE IS NOT INTENDED FOR DISTRIBUTION TO, OR USE BY, ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LOCAL LAW OR REGULATION. BY OFFERING THIS SITE AND INFORMATION, OR ANY PRODUCTS OR SERVICES VIA THIS SITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY GIMMEPLEEZ.COM TO ANY SUCH PERSONS OR ENTITIES.

PRIVACY

Please review the gimmepleez.com Privacy Notice, which also governs your use of gimmepleez.com, to understand its practices. 

TRADEMARKS

Gimmepleez.com’s trademarks and service marks are used and registered throughout the world. Gimmepleez.com and/or its subsidiaries also claim rights in certain other trademarks and service marks contained in these web pages.

LINKS

This Site may contain links to web sites controlled or offered by third parties (non-affiliates of gimmepleez.com). Gimmepleez.com hereby disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked to this web site. No such link shall be deemed to endorse or recommend any products or services offered or information contained at that web site.

LICENSE AND SITE ACCESS

Gimmepleez.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of gimmepleez.com so long as the link does not portray gimmepleez.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any gimmepleez.com logo or other proprietary graphic or trademark as part of the link without express written permission. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. Any unauthorized use terminates the permission or license granted by gimmepleez.com.

NO WARRANTY

The information and materials contained in this site, including text, graphics, links or other items are provided "as is," "as available." gimmepleez.com does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory, including, but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

LIMITATION OF LIABILITY

In no event will gimmepleez.com be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if gimmepleez.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

ADDITIONAL TERMS

Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

COPYRIGHT INFRINGEMENT

Please review the gimmepleez.com copyright infringement claim procedure for making claims of infringement related to the Site. <>

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NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT RELATING TO THE ACTIVITIES OF SERVICE PROVIDERS

DESIGNATED AGENT

Pursuant to Section 512(c)(2) of the Copyright Revision Act, as amended by the Digital Millennium Copyright Act ("Act"), written notice OF ANY CLAIMED COPYRIGHT INFRINGEMENT RELATING TO THE ACTIVITIES OF SERVICE PROVIDERS UNDER SECTION 512 OF THE ACT must be submitted to the Designated Agent named below. ANY NOTICE SENT TO THE DESIGNATED AGENT MUST MEET THE REQUIREMENTS OF SECTION 512(C)(3) OF COPYRIGHT REVISION ACT, AS AMENDED BY THE DIGITAL MILLENNIUM COPYRIGHT ACT.

SERVICE PROVIDER(S): GIMMEPLEEZ.COM AND ANY AFFILIATES, INCLUDING SUBSIDIARIES

Name of Agent Designated to Receive Notification of Claimed Infringement:
Justin M. Alvarez

Designated Agent's Address:
The Alvarez Firm, A Law Corporation
Business – Real Estate – Estate Planning
2625 Townsgate Road, Suite 330
Westlake Village, California 91361

Email Address of Designated Agent:
jalvarez@alvarezfirm.com

This contact information is provided only for the purposes stated above.

THE FEDERAL E-SIGN ACT (HR-1714) ON FINAL DIGITAL SIGNATURE

The E-Sign Act grants that electronic signatures on documents hold equivalent legal status as traditional handwritten signatures. By agreeing to gimmepleez.com’s Terms of Use, you certify that this digital signature is the equivalent of your handwritten signature. Also, you, agree that you have read and understand all of the general Terms of Use and the Privacy and Information Statement, and you agree to and do sign each section of this Terms of Use contract with your digital signature.

/__/ I acknowledge receipt of the Information Statement and agree to the Terms of Use contract herein.

GOVERNING LAW; VENUE AND JURISDICTION

By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and gimepleez.com or any of its affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.

ARBITRATION

YOU AND GIMMEPLEEZ.COM AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”); except that an arbitration shall be initiated by submission of a complaint to the opposing party briefly stating the claims made and remedy sought and accompanied by a proposed list of arbitrators, after which the parties shall agree upon a single arbitrator to hear the matter, whether through JAMS or outside of JAMS; any rules that require administration by JAMS shall be reasonably modified to that extent. The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with applicable JAMS Rules and all legal requirements; any otherwise-applicable arbitration rules shall be deemed modified to the extent necessary to comply with law and ensure the validity of this arbitration agreement. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site (including your visit to or use of the Site) be instituted more than three (3) years after the cause of action arose.

NOTICE: BY USE OF THE SITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY USING THE SITE, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TOT HIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.

INDEMNITY

You agree to indemnify and hold the gimmepleez.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to gimmepleez.com are non-confidential and shall become the sole property of gimmepleez.com. Gimmepleez.com shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

OTHER

These Terms of Use constitute the entire agreement between you and gimmepleez.com regarding the use of the Site and/or the Service, superseding any prior agreements between you and gimmepleez.com relating to your use of the Site or the Service. The failure of gimmepleez.com to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be deemed unlawful, void, invalid or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.