WIRED REALITY LLC - TERMS OF USE
Last Updated: December 15, 2009

Wired Reality provides a variety of chat based services through this website and our other affiliated chat-based websites (“Wired Reality Websites”). Your access and use of the Wired Reality Websites is subject to these Terms of Use ("TOU") and the Wired Reality Privacy Policy (“Privacy Policy”), located at www.wiredreality.com/privacypolicy.html. We reserve the right, in our sole discretion, to change, modify, add, or delete portions of this TOU and the Privacy Policy at any time without notice, and will post any revisions on the Wired Reality Websites. Your continued use is subject to all such revisions.

AGE RESTRICTION
Wired Reality Websites are not intended for children under 13. If you are between 13 and 17, you may, with you parent or legal guardian’s consent, our non-adult websites, provided your parent or legal guardian assumes all responsibility and legal liability for the conduct of the minor.

Adult websites are intended for persons 18 and over and all minors are strictly prohibited.

We may suspend your access to Wired Reality Websites for failure to comply with this section.

USER CONTENT
We do not claim ownership of any content (e.g. text, images, etc.) of any kind posted on Wired Reality Websites (“Content”). Wired Reality Websites are passive conduits of Content and you are responsible any third party licenses or other permissions related to your Content.

LICENSE
By posting Contest on Wired Reality Websites, you grant us a royalty-free, sublicensable, worldwide license to use, distribute, modify, adapt, store, publicly display, reproduce, host, cache, reformat, translate and encode your Content in perpetuity.

THIRD PARTY CONDUCT
By using Wired Reality Websites, you may be exposed to Content that is offensive, indecent or objectionable. Additionally, by using the Wired Reality Websites, you understand that there are risks inherent in using internet chat services such as third parties impersonating someone they are not, or third parties contacting if you post “Personally Identifiable Information” (e.g. name, address, phone, number or e-mail address.). If you post Personally Identifiable Information, third parties may attempt to contact, solicit or harm you. By using the Wired Reality Websites, you acknowledge and agree that posting Personally Identifiable Information is done at your own risk.

USE RESTRICTIONS
You may not use the Wired Reality Websites to:
    1. upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. impersonate any person or entity, including, but not limited to, a Wired Reality official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    4. upload, post, e-mail, transmit or otherwise make available any Content that: (a) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or (b) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    5. upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    6. upload, post, e-mail, transmit 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;
    7. act in a manner that negatively affects other users' ability to engage in real time exchanges;
    8. interfere with or disrupt the Wired Reality Websites, our servers or networks (e.g. “Flooding”);
    9. intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
    10. advertise commercial activities and/or sales without our prior written consent such as contests, sweepstakes, advertising, or pyramid schemes;
    11. "stalk", harass or otherwise advocate the stalking or harassing of another person;
    12. post Personally Identifiable Information of any third party; or
    13. collect or store Personally Identifiable Information about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above;
Additionally, you may not attempt to override or circumvent any security measures of Wired Reality Websites or our third party partners.

MOBILE SERVICE
Wired Reality Websites may be accessible via a mobile device. Wired Reality does not charge a fee for this, but your mobile device carrier fees may still apply. Further, downloading, installing, or using certain portions of the Wired Reality Websites may be prohibited or restricted by your mobile device carrier, and not all features may function properly with all carriers, devices or software. We recommend you check with your mobile device carrier to find out what restrictions, if any, may be applicable to your mobile service.

LINKS
The Wired Reality Websites may contain links to other websites. Wired Reality does not monitor or check the accuracy of such third party materials and accordingly, Wired Reality has no control over such third party sites and resources. Wired Reality is: (a) not responsible for the availability of such external sites or resources; and (b) does not endorse and is not responsible or liable for any advertising, products or other materials on or available from such third parties. If you decided to access a third party link, you do so at your own risk. You should review any terms and conditions and privacy polices prior to navigating to such third party site from the Service.

ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Wired Reality Websites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Wired Reality shall not be responsible or liable for any loss or damage incurred by you.

CONTRIBUTIONS TO WIRED REALITY
We do does not accept unsolicited feedback, ideas, documents, suggestions or other information (“Contributions”) about our products and services. We shall be free to use any Contributions provided by you for any purpose, such as improving our products and services and creating derivative technologies based upon such Contributions. All Contributions are provided voluntarily and free of any third party rights or encumbrances.

NO RESALE OF SERVICE
You shall not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Wired Reality Websites.

MODIFICATIONS TO THE WIRED REALITY WEBSITES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Wired Reality Websites.

TERMINATION
We may terminate or suspend your access to the Wired Realty Websites for violating this TOU.

TRADEMARK INFORMATION
Wired Reality and any trademarks associated with the Wired Reality Websites are the property of Wired Reality (“Wired Reality Marks”). In no event shall any Wired Reality Marks be deemed sold or assigned to you as a result of your acceptance of this TOU or by your use of the Wired Reality Websites. Any and all rights not expressly granted herein are reserved.

MEMBER DISPUTES
You are solely responsible for your interactions with other users of the Wired Reality Websites. We reserve the right, but have no obligation, to monitor disputes between you and other users.

INDEMNITY
You represent and warrant that you have full authority to enter into and accept this TOU and grant the rights and licenses herein. With respect to Content, you represent and warrant that no Content submitted or otherwise uploaded, posted, transmitted, or shared by you on or through the Wired Reality Websites will violate or infringe the intellectual property rights of any third party. You shall defend, indemnify and hold Wired Reality, its subsidiaries, affiliates, officers, agents, employees, partners and licensors (collectively, the “Wired Reality Entities”) harmless against any and all third party claims, damages, costs and expenses (including reasonable attorneys’ fees and litigation expenses) arising out of or in connection with your breach of the warranties set forth herein.

DISCLAIMER OF WARRANTIES
YOUR USE OF THE WIRED REALITY WEBSITES IS AT YOUR SOLE RISK. THE WIRED REALITY ENTITIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE OF THE SUITABILITY OF THE SERVICE OR THAT THE SERVICE SHALL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR SHALL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA. THE WIRED REALITY WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WIRED REALITY WEBSITES MAY BE SUBJECT TO INTERRUPTION, LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF INTERNET APPLICATIONS AND ELECTRONIC COMMUNICATIONS AND WE ARE NOT RESPONSIBLE FOR ANY SUCH DELAYS, DELIVERY FAILURES, OR ANY OTHER DAMAGE RESULTING FROM EVENTS BEYOND WIRED REALITY’S REASONABLE CONTROL. FURTHER, THE WIRED REALITY ENTITIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE IN REGARDS TO ANY PRODUCTS, SERVICE, INFORMATION OR OTHER MATERIAL PURCHASED, DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE SERVICE FROM A THIRD PARTY. THIS INCLUDES ANY APPLICATION, CONTENT, OR LINK PROVIDED BY A THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE WIRED REALITY ENTITIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, GOODWILL, DATA, UNAUTHORIZED USE OF YOUR PASSWORD OR USER ACCOUNT, BREACH OF USER ACCOUNT SECURITY, TERMINATION OF USER ACCOUNT OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TOU OR THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WIRED REALITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR EXCLUSIVE REMEDY AND WIRED REALITY’S TOTAL AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, IN CONNECTION WITH, OR INCIDENTAL TO THIS TOU FOR ANY REASON SHALL BE LIMITED TO THE ACTUAL DIRECT DAMAGES INCURRED BY YOU, UP TO ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON INCLUDING, WITHOUT LIMITATION, PERSONAL HARM.

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 OF SECTIONS MAY NOT APPLY TO YOU.

MEDICAL WARNING
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

INFRINGEMENT
We respect your intellectual property rights regarding Content. If you believe your intellectual property rights have be infringed by a third party using the Wired Reality Websites, please review our Copyright Notification Policy located here www.wiredreality.com/privacypolicy.html.

CHOICE OF LAW; ARBITRATION
This Agreement shall be governed by and construed under the laws of the State of Washington without regard to its conflict of laws principles. Any dispute, controversy or claim arising out of or in connection with or otherwise relating to this TOU or any breach or alleged breach hereof shall, upon the request of any party involved, be submitted to and settled by arbitration in or around the City of Seattle in the State of Washington pursuant to the commercial arbitration rules then in effect of the American Arbitration Association; provided, however, that said rules shall be modified as follows: (a) there shall be only one arbitrator, which shall be chosen by an independent third party mutually acceptable to both parties; (b) the arbitrator shall reasonably mitigate all costs of the arbitration; (c) the arbitration shall not exceed a total of ten (10) hours total; (d) the parties may discover each other’s documents in accordance with the Washington State Rules of Civil Procedure, however, no forms of discover including the taking of depositions shall be permitted; and (e) the prevailing party in any arbitration brought under this Agreement shall be entitled to recover from the other party its reasonable attorney’s fees and costs, which fees and costs shall be included in and become part of the arbitration award. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction.

GENERAL
This TOU and the Privacy Policy comprise the entire agreement between you and Wired Reality and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. All notices, requests or other communications shall be in writing and sent via e-mail or US pre-paid post to the authorized representative of the other party. If any part of this TOU is found to be illegal, unenforceable, or invalid, then that part shall be removed and remaining provisions will continue to be valid and enforceable. No joint venture, partnership, employment, agency or exclusive relationship shall exist between you and Wired Reality. Any failure to enforce any provision of this TOU shall not constitute a waiver of such rights. Wired Reality has no obligation to allow for a transfer of a User Account upon death of a user, unless requested by the next-of-kin and then only with a valid death certificate. All disclaimers, limitations, and restrictions of warranty shall survive termination of this TOU, as well as the provisions of this "General" section.

VIOLATIONS
Please report any violations of our Terms of Use to info[at]wiredreality.com.

CONTACTING WIRED REALITY
If you have any questions regarding this TOU or Wired Reality, please feel free to contact us at:

Wired Reality, LLC
922 30th Ave
Seattle WA
98122
E-mail: info[at]wiredreality.com