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OVERVIEW: Access to most areas of the iFriends platform is entirely
free, and the vast majority of all system usage occurs in the free areas of iFriends
without any charge or obligation. For example,
iFriends assesses no fees or charges for access to
the iFriends Archive Explorer, free live guest videochat,
bulletin boards, profiles, and all other free members-only services. Optional
premium services are clearly marked, bear prominent and conspicuous
disclosures, and you must affirmatively agree to such premium services before
being charged. These include such services as the live videochat
interface to premium video-chat rooms, membership to a video
chathost's "fan club" (both of which may or may
not involve fees, subject to the discretion and control of the Video Chathost),
and the iFriends "ClubVIP" or ClubElite premium packages
(see below). All premium services are offered directly under the control
of iFriends, are delivered solely through the iFriends.net website, and are not
made available on any other website, domain name, or internet service.
REFUND POLICY: iFriends does not typically provide cash
refunds unless extraordinary circumstances apply; we do, however, grant credits
in the form of free time and/or coupons for premium services. We also provide
discounts and/or credits in the event you experience technical difficulties
that you demonstrate to have made a sincere effort to resolve. iFriends adheres to a very liberal "Customer is always
Right" policy and will undertake almost any action necessary to ensure
that no customer ever has an unsatisfactory experience on the service. Cash
credits are therefore issued on a discretionary basis only. This is a
NO-REFUNDS policy. All sales are final. If you have experienced dissatisfaction
with iFriends, please call our toll-free, 24-7, dedicated and fully-staffed
customer service center at 1-800-iFriends (also, 1-800-437-4363;
for callers outside the U.S. and Canada, click here for toll-free dialing instructions from your country.)
CLUBVIP and CLUBELITE PACKAGES: At any time during the life of a customer
account, customer may elect to upgrade to iFriends "ClubVIP" or ClubElite
premium programs. ClubVIP, available on both a paid basis and a free basis (see below), features twenty different
benefits, enumerated at
the internet address https://orders.webpower.com/iFriends/VIPbenefits.htm.
Customer may also elect level of ClubVIP or ClubElite status during the
registration process, or at any time thereafter, and may change or cancel such status at any time, without
further obligation. ClubVIP is available as a paid package ($6.95 per month, see below), or alternatively
as a free package, subject to additional terms & conditions.
ClubElite is iFriends' most exclusive membership level, and
represents a "superset" package that includes all ClubVIP benefits plus additional benefits available only to
Elite members. (See https://orders.webpower.com/iFriends/ELITEbenefits.htm).
For ClubElite members' ongoing
convenience, and to ensure uninterrupted VIP benefits throughout the life of
the account, the ClubElite Premium Package is a monthly
plan and is priced at $9.95.
FULL TERMS & CONDITIONS:
- TERMS OF SERVICE AGREEMENT AND RULES OF THE ROAD
- Internet Friends Network ("IFN") provides its internet friends service
("IFN") to you as a registered subscriber or authorized user
("Member" or "you"), subject to the terms of this agreement
and IFN's operating rules or the "Rules of the
Road" ("Rules"). Both of these documents are binding agreements
and we shall refer to them collectively as "TOS". The TOS comprises
the entire agreement between IFN and you, superseding any prior agreements
between you and IFN with respect to its subject matter. Additionally, you may
be subject to additional terms and conditions that may
apply when you use affiliate services (e.g., the International Areas),
third-party content, software, or services.
- IFN
may change the TOS at any time, subject to timely notice, posted publicly in a
visible manner. You agree to review the TOS periodically to be aware of such
changes. If any change is unacceptable to you, you may terminate your
membership as provided in "Cancellation" below, or in Section 10
below. Your continued use of IFN following the Effective Date of any such
change to the TOS constitutes acceptance of all such changes.
- YOUR ACCOUNT INFORMATION
- You certify that YOU ARE AT LEAST EIGHTEEN (18)
YEARS OLD. You agree to provide IFN with accurate, complete, and current
registration information. Failure to do this shall constitute a breach of this
agreement and unauthorized access to IFN. Unauthorized access to IFN could
result in immediate termination of your account and subject you to civil and
criminal liability. Unless you have prior written authorization from IFN, you
may not register for additional accounts after such termination.
- Upon
registering as a Member, you will choose a password and a screen name/chat
handle. You may not select or use a screen name of another person (unless it is
also your name) a name in violation of a third
party's property rights, or a screen name that IFN deems offensive or otherwise
inappropriate. IFN owns all screen names and licenses them to you. You
expressly authorize IFN to use and disclose your password, screen name/chat
handle and/or account information with and to third parties, to ensure the
protection of IFN's rights or property. Additionally,
you may not use your screen name in violation of the TOS or in ways IFN deems
inappropriate (e.g., sending or causing to be sent mass e-mail solicitations).
IFN reserves the right to delete any such screen name or to request deletion.
- You
are entirely liable for all activities conducted through your account. A Member
may not permit another individual to use the Members account without direct
supervision by the Member.
- Members
who have had their IFN membership terminated may not access IFN without IFN's prior express written (including e-mail) permission.
Members may not allow a former Member or other agent whose membership has been
terminated to use their account. For additional information on re-registration
and multiple accounts, see Section 10 below.
- Cancellation Members may cancel their account at
any time by contacting IFN by any reasonable method, including the following: Instant Cancellation Form,
email to cancel@iFriends.net.,
toll-free 24/7 telephone: 800-243-9726 (for callers outside the U.S. and Canada,
click here for toll-free
dialing instructions from your country), or via postal mail: WebPower,
Inc., 7765 Lake Worth Road, #341, Lake Worth, FL 33467. To ensure prompt and
effective cancellation, please provide your iFriends screenname
and the first 13 digits of the credit-card number used to establish your
account.
- CHARGES AND BILLING PRACTICES
- There is no fee for basic membership to IFN.
However, you may be subject to internet access charges as required by your
local or national Internet Service Carrier/Provider. Certain fee-only video chathosts
may set a price and terms that
govern and restrict access to their respective videochat.
Customers may avoid charges entirely by choosing to limit their interactions
with fee-only video chathosts to a free guest-only videochat
interface and to avoid other fee-based areas of
the service. However, fee-based videochats in which
you interact via the text/video chat interface will incur charges to you at the
rate set by the Video Chathost. (Per-minute prices are tabulated by the minute
and rounded to the next whole minute.) These fees are prominently disclosed to
you prior to your willing entrance into the fee-based video chat interface.
Users may also elect to join premium areas of the service, such as "ClubVIP
", for a monthly fee of $6.95 or ClubElite for a monthly fee of $9.95 (see above). For
billing inquiries, or to request a detailed statement of your usage, e-mail
"help@ifriends.net"
- If
IFN does not receive payment from the credit card issuer or its agents for your
usage of IFN, you agree to pay all amounts due upon demand by IFN. Each time
you use IFN you agree and reaffirm that IFN is authorized to charge your
designated card. Your card issuer agreement governs your use of your designated
card in connection with IFN, and you must refer to that agreement and not this
TOS with respect to your rights and liabilities as a card holder. You agree
that IFN may, at its option, accumulate charges incurred during your billing
cycle and submit them as one or more aggregate charges during or at the end of
each cycle. This means that accumulated charges may appear on the statement you receive from your bank or card issuer.
Further, you agree that IFN may delay obtaining authorization from your card
issuer until submission of the accumulated charges. You acknowledge that if you
want to see the components of accumulated charges you may do so emailing
"help@ifriends.net"
- If
IFN does not receive the full amount of your IFN account balance within thirty
(30) days of the invoice date, an additional 1.5% (or the highest amount allowed
by law, whichever is lower) per month late charge may be added to your bill and
immediately become due and payable. Member shall be liable for all attorney and
collection fees arising from IFN's efforts to collect
any unpaid balance of your account(s). You agree to be billed for and to pay
any outstanding balance in the event of cancellation or termination of your IFN
account. Unless you notify IFN of any discrepancies within thirty (30) days
after they first appear on your account statement, they will be deemed
acceptable by you for all purposes, including resolution of inquiries made by
your card issuer. You release IFN from all liabilities and claims of loss
resulting from any error or discrepancy that is not reported to IFN within
thirty (30) days of its publication.
- IFN
RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS,
INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR ONLINE
AREAS, CONTENT, OR SERVICES PROVIDED BY IFN, ITS AFFILIATES, OR ICPS. IFN MAY
ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES
THROUGH POP-UPS, E-MAIL, OR THROUGH THE U.S.
MAIL TO THE ACCOUNT HOLDER. If any such change is unacceptable to you, you may
terminate your membership as provided in Section 10 below. Your continued use
of IFN following the Effective Date shall constitute your acceptance of such
change.
- You
are responsible for all charges associated with connecting to IFN. You agree
that any charges incurred to access the Internet, including but not necessarily
limited to telephone charges and access fees billed by your Internet Service
Provider, are entirely your responsibility. Depending on your particular
location and chosen Internet Service Provider, you may be subject to long
distance charges and/or other communication surcharges, which are your
responsibility. You acknowledge that if you want to see the detailed components
of accumulated charges, you may do so by sending email to
"help@ifriends.net"
- RIGHTS AND RESPONSIBILITIES
- CONTENT.
You acknowledge that: (i) IFN contains information,
communications, software, photos, videos, graphics, music, sounds, and other
material and services (collectively "Content"); (ii) Such Content is
provided under license by Independent Providers of Content ("ICPs"), other Members, IFN and its affiliates; and
(iii) At minimum, IFN owns a copyright in the selection, coordination,
arrangement, and enhancement of such Content. Each Member and any user of
Members account must evaluate, and bear the risk associated with any reliance
on the accuracy, completeness or usefulness of any Content. IFN does not
pre-screen Content as a matter of policy: however IFN, its affiliates, and ICPs shall have the right, but not the responsibility, to
remove Content that they deem harmful, offensive or otherwise in violation of
the TOS. Accordingly, you acknowledge that neither IFN, its
affiliates, nor any ICP shall assume or have any liability for any
action or inaction by IFN or its affiliates, or any ICP, with respect to
Content, or Content changes within, IFN.
- PROPRIETARY RIGHTS.
You acknowledge the following: (i) IFN permits access
to Content that is protected by copyrights, trademarks, and other intellectual
and proprietary rights ("Rights"); (ii) These Rights are valid and
protected in all media and technologies existing now or later developed; and
(iii)Except as explicitly provided otherwise, the TOS,
applicable copyright and other laws govern your use of Content (see the Rules,
Section D, for details). You agree that you may upload to the software files,
message boards, or otherwise transmit on or through IFN only Content that (1)
is not subject to any Rights, or (2) any holder of Rights
has given express authorization for distribution on IFN. You represent that if
you upload any files, you have the legal authorization to do so. You agree that
IFN may employ virus-checking technology to protect its system and its members
from viruses. By submitting Content to any "public area" of IFN
(e.g., message boards, forums, the Member Directory), you grant IFN and its
affiliates the royalty-free, perpetual, irrevocable, non-exclusive right
(including any moral rights) and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, communicate to
the public, perform and display the Content (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology now
known or later developed, for the full term of any rights that may exist in
such Content. You also warrant that the holder of any Rights, including moral
rights in such Content, has completely and effectively waived all such Rights
and validly and irrevocably granted to you the right to grant the license
stated above. You also permit any Member and authorized user to access,
display, view, store and reproduce the Content for
personal use. Subject to the foregoing, the owner of Content placed on IFN
retains any and all Rights that may exist in such Content.
- CONDUCT AND COMMUNICATION
You acknowledge that IFN may contain
material that may be inappropriate for minors. You recognize that communication
over IFN often occurs in real time or is posted on one of IFNs
message boards or chatrooms. You acknowledge that IFN
cannot, and does not intend to, screen communication in advance for accuracy or
conformance to the TOS or any laws. However, IFN may elect, at its sole
discretion, to monitor some, all, or none of IFNs
public areas for adherence to the TOS. Accordingly, you acknowledge that
neither IFN, its affiliates, nor any ICP shall assume or
have any liability for any action or inaction by IFN, its affiliates, or any
ICP with respect to Content on IFN. Any conduct by a Member that in IFN's sole discretion restricts or inhibits any other
Member, person or entity from using or enjoying IFN or another service shall
entitle IFN to immediately terminate membership without notice. You agree to
use IFN only for lawful purposes. You may not use, or allow others to use, your
IFN account, either directly or indirectly, to: (1) post, transmit, or promote
any unlawful, harmful, threatening, abusive, harassing, defamatory, obscene,
hateful, racially, ethnically or otherwise objectionable Content; (2) harass,
threaten, embarrass, or cause distress, unwanted attention or discomfort upon
another Member or user of IFN or other person or entity; (3) post, transmit,
promote, link, or facilitate the distribution of content that may generally be
considered obscene, including, but not necessarily limited to, bestiality,
urination/defecation, fisting, incest, extreme sado-masochism
or bondage presented in a sexual context, or any presentation of minors engaged
in intimate physical contact or sexual situations, acted or depicted. (4)
disrupt the normal flow of dialogue in a chatroom or
on a message board or otherwise act in a manner that negatively affects other
Members, users, individuals or entities, such as causing the screen to
"scroll" faster than other Members or users are able to type to it or
any action to a similar disruptive effect; (5) impersonate any person or
entity, including, but not limited to, an IFN official, an ICP, forum leader,
guide or host, or communicate under a false name or a name that you are not
entitled or authorized to use, or impersonate a minor; (6) post or transmit, or
cause to be posted or transmitted, chain letters or pyramid schemes; (7) post
or transmit, or cause to be posted or transmitted, any unsolicited advertising,
promotional materials, or other forms of solicitation to other Members,
individuals or entities (although Contributors may use the IFriends E-mail
System to notify interested users about current or upcoming events or
webcam sessions, for those
interested users who have expressed an interest in such contributors and have
not asked to be removed or unsubscribed from such contributor's "fan lists"), or collect or
harvest screen names of other Members, without permission; (8) post or
transmit, or cause to be posted or transmitted, any communication or
solicitation designed or intended to obtain password, account, or private
financial information from any Member; (9) violate any operating rules,
policies or guidelines of any other interactive service, including, but not
limited to, the operating policies of the International Areas; or (10)
intentionally or unintentionally violate any applicable local, state, national,
international or foreign law, including, but not limited to, any rules or
regulations having the force of law. Please see the Rules for additional
examples of prohibited conduct. IFN reserves the right to protect its Members
and IFN from offensive e-mail communication, including, but not limited to, the
right to block mass e-mail solicitations, or "junk e-mail." You also
agree and accept that as new products become available on or through
IFN, your use of these products is subject to TOS. In
addition to Content and services provided by ICPs,
IFN, and its affiliates, others may offer Content, software or other services
to Members with their own terms and conditions relating to your use. Failure to
abide by these terms and conditions may result in termination of membership.
Furthermore, other such networks, including Internet areas, may subject Members
to their own usage policies.
- PRIVACY POLICY
- INTRODUCTION
- General. The following presents important
information relating to iFriends' comprehensive Privacy Policy. Because
protecting your privacy is very important to IFN, we have established a privacy
policy that safeguards your personal information, and are committed to
protecting its confidentiality. We will limit the collection and use of
personal information, or Individual Information (as defined herein), to what is
necessary to administer our business, provide you with the highest quality
service, and offer you opportunities we think will be of interest. We will NOT
disclose any Individual Information unless we believe that such action is
necessary to comply with applicable law or valid legal process (including
without limitation search warrants, court orders, or providing assistance to
law-enforcement authorities investigating the alleged commission of a crime),
or if the disclosure of Individual Information to a credit-card bank may
help us prove the legitimacy of a credit-card charge or bill. We actively
participate in industry associations and community groups to support strong and
effective privacy guidelines and practices in the interactive environment.
- Types
of Individual Information. Individual Information is any information, data or
records that relate to your IFN membership or use of IFN and identifies you or
your individual Member account. The three types of Individual Information are;
(1) "identity and billing information," including without limitation
your name, street address, telephone number, billing information, and any
account information associated with your screen names; (2) "navigational and
transactional information," including without limitation information about
where you go or what you buy through IFN; (3) "private
communications," including without limitation the contents of e-mail, or
private chat room communications.
- MEMBER
IDENTITY AND BILLING INFORMATION.
- Collection and Storage. We maintain various
types of identity and billing information, including without limitation, your
name, street address, telephone number(s), length of membership, and payment
information. We may also keep information on your communications with our
Customer Service department and chathosts, and
general account history, such as accumulated usage credits or written
complaints relating to your account. We safeguard Individual Information from
unauthorized access and only authorized employees or agents who need to carry
out legitimate business functions are permitted access to Members Individual
Information. Employees who violate IFNs privacy
policies are subject to disciplinary actions, including termination when
appropriate. We may use agents, who are bound by strict confidentiality
guidelines, to perform storage, processing, and other limited functions on IFNs behalf.
- Use.
We use identity and billing information to administer our business, ensure that
you are properly billed and to communicate with you if the need arises.
- Disclosure.
Our policy is not to disclose identity and billing information to third
parties, unless required to do so by applicable law or
valid legal process (including without limitation search warrants, court orders
or providing assistance to law-enforcement authorities investigating the
alleged commission of a crime). IFN, at its sole discretion, reserves the right
to make exceptions to this policy in extraordinary circumstances (including
without limitation a bomb or suicide threat, or instances of suspected illegal
activity) on a case-by-case basis. When feasible, we do allow our Members to
access and verify their Member Identity and Billing Information. We also allow
our Members to request corrections to this Information. IFN intends to abide by
applicable laws governing the disclosure to governmental entities of Individual
Information and other records. If we are under a legal obligation to disclose
Individual Information to a private citizen or entity, we may make efforts
under the circumstances to notify the affected Member(s) in advance of
releasing it in order to provide the Member(s) an opportunity to pursue any
available legal protection.
- Compelling
Obligation. Although WebPower/IFN will take
reasonable measures not to disclose information about you or the contents of
your communications, we may be compelled to do so in the good faith belief that
such action is reasonably necessary (a) to comply with the law; (b) to comply
with legal process; (c) to enforce IFN’s terms and conditions; (d) to respond to
claims that any content violates the rights of third parties; or (e) to protect
the interests of WebPower/IFN or others.
- NAVIGATIONAL
AND TRANSACTIONAL INFORMATION.
- Collection. We may collect and store certain
navigational and transactional information, such as data on the choices you
make from the range of available services, and the
times and ways you use IFN.
- Use.
IFN uses navigational and transactional information to personalize IFN and for
programming and editorial research. For example, we may use this information to
understand our Members reactions to menu items, Content, and services offered
through IFN and to customize IFN based on our Members interests.
- Disclosure.
IFN will not disclose to third parties navigational or transactional
information (e.g. what you view through IFN), except to comply with applicable
law or valid legal process (including without limitation search warrant, court
order, or providing assistance to law-enforcement authorities investigating the
alleged commission of a crime).
- PRIVATE
COMMUNICATIONS
- Collection and Storage. The IFN computer system
does record and retain all chat room communications. However, to keep copies of
any communications, you should store them on your personal computer hard drive
or in print form. You agree that IFN may employ e-mail virus-checking
technology to protect its system and its members from viruses.
- Use.
IFN treats private communications on or through IFN as strictly confidential.
IFN does not access, use or disclose the contents of private communications,
except in limited circumstances as specifically provided herein. You
acknowledge that private communications directed at a person or entity, including
IFN, may be used or disclosed by the intended recipient(s) without restrictions
relating to privacy or confidentiality.
- Disclosure.
IFN does not access or disclose the contents of private communications (e.g.
e-mail, Member-created private rooms, online communications), unless it in good
faith believes that such action is necessary (1) to comply with applicable law
or valid legal process (including without limitation search warrants, court
orders or providing assistance to law-enforcement authorities investigating the
alleged commission of a crime); (2) to protect the rights or property of IFN;
or (3) in emergencies when IFN believes that physical safety is at risk. IFN
reserves the right to treat as public any private chat room whose directory or
room name is published or becomes generally known or available.
- INTERNATIONAL
CONTENT IFN INTERNATIONAL AREAS.
You acknowledge that your use of IFN allows access to content originating from
IFN and its affiliates, other Members and users of IFN, ICPs,
as well as other third parties which may originate from countries other than
the United States
("International Content"). Your access to and use of the
International Areas and International Content will be governed (in addition to
the TOS) by separate terms and operating policies and applicable national laws
and customs.
- IFN
SOFTWARE LICENSES IFN grants to you a non-exclusive, limited license to use IFN
software to transmit your personal video signal to IFN from authorized
locations in accordance with this agreement. This license is subject to the
restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile,
disassemble or make derivative works from, IFN software. You may not modify IFN
software or use it in any way not expressly authorized in these Rules. You
agree and accept that IFNs introduction of various
technologies may not be consistent across all platforms (e.g. Macintosh).
- WARRANTY
MEMBER EXPRESSLY AGREES THAT THE USE OF IFN AND IFN SOFTWARE ARE AT MEMBERS
SOLE RISK. IFN, IFN SOFTWARE, AND IFN PRODUCTS ARE PROVIDED "AS IS"
AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE
OF EXCLUSION. IFN PROVIDES THE IFN SERVICE ON A COMMERCIALLY REASONABLE BASIS
AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS THE SERVICE AT A
TIME OR LOCATION OF THEIR CHOOSING, OR THAT IT WILL HAVE ADEQUATE CAPACITY FOR
THE SERVICE AS A WHOLE OR FOR PARTICULAR PRODUCTS. IFNS ENTIRE LIABILITY AND
YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF IFN, IFN SOFTWARE, AND THE
INTERNET SHALL BE THE REPLACEMENT OF ANY IFN SOFTWARE FOUND TO BE DEFECTIVE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, IFNS LIABILITY SHALL BE LIMITED TO THE
EXTENT PERMITTED BY LAW. IFN DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT
OR SERVICE OFFERED THROUGH IFN, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND
WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
- INDEMNIFICATION
Upon IFNs request, Member agrees to defend, indemnify
and hold harmless IFN, its affiliated companies, its employees, contractors,
officers, directors, telecommunications providers, ICPs
from all liabilities, claims and expenses, including attorneys fees, that arise
from breach of the TOS by use of, or in connection with, the transmission of
any Content on IFN or the Internet by or through Members accounts. IFN reserves
the right, at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by Member hereunder. In such
event, Member shall have no further obligation to provide indemnification for
such matter.
- TERMINATION
- Either you or IFN may terminate your membership
at any time. This is your sole right and remedy with respect to any
dissatisfaction with IFN, including, but not limited to, (1) any TOS term,
policy or practice of IFN in operating IFN, (2) Content available through IFN
or change therein, or (3) any amount or type of fees, surcharges, billing
methods, or change therein. You can terminate your membership by delivering
notice to IFN's Customer Service Department by any
reasonable method, including the following: Instant Cancellation Form,
email to cancel@iFriends.net.,
toll-free 24/7 telephone: 800-243-9726 (for overseas callers,
001-561-656-0500), or via postal mail: WebPower,
Inc., 7765 Lake Worth Road, #341, Lake Worth, FL 33467. To ensure effective
cancellation, please provide your iFriends screenname
and the first 13 digits of the credit-card number used to establish your
account. Your termination will take effect immediately upon IFN's
receipt of your adequate notice as described above.
- In
the event that your account is terminated or canceled, no refund, including any
membership fees, will be granted; no online time or other credits will be
credited to you or can be converted to cash or other form of reimbursement.
Active IFN Members may not allow former Members or other agents whose
memberships have been terminated to use their accounts. Any delinquent or
unpaid accounts or accounts with unresolved issues with the Customer Service
department or other IFN departments must be concluded before you may
re-register with IFN. Members using multiple accounts without prior express written
permission from IFN shall have their membership terminated.
- LAW
- To the extent any conflict between this
agreement and the Rules exists, this agreement shall take precedence. If any
part of the TOS is held invalid or unenforceable, that portion shall be construed
consistent with applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions remain in full force and
effect. The laws of the State of Florida
govern the TOS and your membership. As noted above, Member conduct may be
subject to other local, state, and national laws. Member expressly agrees that
exclusive jurisdiction for any claim or dispute resides in the courts of the
State of Florida. Member further
agrees and expressly consents to the exercise of personal jurisdiction in the
State of Florida in connection
with any dispute or claim involving IFN.
- You
agree to abide by U.S.
and other applicable export control laws and not to transfer, by electronic
transmission or otherwise, any Content or software subject to restrictions
under such laws to a national destination prohibited under such laws, without
first obtaining, and then complying with, any requisite government
authorization. You further agree not to upload to IFN any data or software that
cannot be exported without prior written government authorization, including,
but not limited to, certain types of encryption software. This assurance and
commitment shall survive termination of this agreement. Control laws also
prohibit nationals of Cuba, Iran<, Iraq, Libya, North Korea, Sudan
and Syria from
gaining access to certain Content on IFN.
- LEGAL
NOTICES Under California Civil Code Section 1789.3, California Members are
entitled to the following specific consumer rights information: (consumers residing
in other states may also be entitled by statute to the following information)
- Pricing Information. There is no fee for basic
membership to IFN. However, you may be subject to internet access charges as
required by your local or national Internet Service Carrier/Provider. Certain
fee-only video chathosts may set a price and terms that govern and restrict access to their respective videochat.
Customers may avoid charges entirely by choosing
to limit their interactions with fee-only video chathosts
to a free guest-only videochat interface and to avoid
other fee-based areas of the service. However, fee-based videochats
in which you interact via the text/video chat interface will incur charges to
you at the rate set by the Video Chathost. (Per-minute prices are tabulated by
the minute and rounded to the next whole minute.) These fees are prominently
disclosed to you prior to your willing entrance into the fee-based video chat
interface. Users may also elect to join premium areas of the service, such as "ClubVIP",
for a monthly fee of $6.95 (see above). For
billing inquiries, or to request a detailed statement of your usage, e-mail
"help@ifriends.net". For billing questions, please e-mail
"help@ifriends.net". IFN reserves the right to change fees,
surcharges, membership fees or to institute new fees at any time upon with
prior written notice, as posted in highly-visible public areas of the IFN
website, as provided for in the Terms of Service at Section 3.
- Complaints.
The Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs may be contacted in writing at 1020 N. Street,
#501, Sacramento, CA 95814,
or by telephone at 1-916-445-1254.
- "TOS" = The Terms of Service and the
Rules of the Road, collectively
- "IFN" or “we” = The Internet Friends
Network service or WebPower, Inc.
- "Member" or "you" = A
registered subscriber or authorized user of IFN
- "Rules" = Rules of the Road
- "Effective Date" = The date that the
TOS change is posted in the Terms of Service area
- "Content" = Information,
communications, software, photos, video, graphics, music, audio and text and
other materials and services, collectively
- "ICPs" =
Independent providers of Content, including without limitation, Video Chathosts
- "Rights" = Copyrights, trademarks, and
other intellectual and proprietary rights
- "Public Areas" = Areas on IFN that are
freely open to all Members, including, but not limited to, public chat rooms,
online forums, message boards, and software libraries.
- "International Content"= Content
originating from IFN and its affiliates,
other Members and users of IFN, ICPs, as well as
other third parties which may originate from countries other than the United
States
- "Individual Information" = Any
information, data or records that relate to your IFN membership or use of IFN
and identifies you or your individual Member account
- "International Areas" = Areas within
IFN containing International Content
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