Micro-Funding.com ("we," "us") owns and operates the Reqqi.com web site (our
"Site"), on which we provide the opportunity to see if there is
anyone who misses you, a way for users to meet each other, and
various other services (our Site and such services, collectively,
our "Service"). Your use of our Service is subject to the following
Terms and Conditions of Use (these "Terms"). WE RESERVE THE RIGHT TO
MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF OUR
SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. ACCORDINGLY,
YOU SHOULD REVIEW THESE TERMS FROM TIME TO TIME FOR SUCH CHANGES.
1. USER CONDUCT
A. In your use of our Service, you agree to act responsibly in a
manner demonstrating the exercise of good judgment. For example and
without limitation, you agree not to: (a) violate any applicable law
or regulation, (b) infringe the rights of any third party, including
without limitation, intellectual property, privacy, publicity or
contractual rights, (c) use the information available through our
Service for any unauthorized purpose, (d) interfere with or damage
our Service, including, without limitation, through the use of
viruses, cancel bots, Trojan horses, harmful code, flood pings,
denial of service attacks, packet or IP spoofing, forged routing or
electronic mail address information or similar methods or
technology, (e) use our Service to transmit, distribute, post or
submit any information concerning any other person or entity,
including without limitation, photographs of others, personal
contact information or credit, debit, calling card or account
numbers, (f) use our Service in connection with the distribution of
unsolicited commercial email ("Spam") or advertisements, (g) "stalk"
or harass any other user of our Service, (h) collect or store any
information about any other user other than in the course of the
permitted use of our Service, (i) use our Service for any commercial
purpose whatsoever or (j) assist any third party in doing any of the
foregoing.
B. You are solely responsible for your interactions with other users
of our Service. We will not be responsible for any damage or harm
resulting from your interactions with other users of our Service. We
reserve the right, but have no obligation, to monitor interactions
between you and other users of our Service and take any other action
in good faith to restrict access to or the availability of any
material that we or another user of our Service may consider to be
obscene, lewd, lascivious, filthy, excessively violent, harassing or
otherwise objectionable.
2. PRIVACY
We understand the concerns that you may have about your privacy and
respect your right to protect your personal information while
online. However, our Service is designed to allow users to post
photographs and information about themselves for public review and
comment. Accordingly, by submitting your photograph and/or any
personal information, you thereby waive any privacy expectations you
have with respect to our use of your likeness or personal
information provided to us. If you do not wish to have your picture
or information about yourself viewed by or disclosed to others, do
not use our Service. We may collect certain other personal
information from you that we do not post on our Site. In most cases,
we do not intentionally transfer this information to unaffiliated
third parties without your consent. However, we reserve the right to
transfer such information without your consent to prevent an
emergency, to protect or enforce our rights, to protect or enforce
the rights of a third party or in response to a court order or
subpoena as otherwise required or permitted by law. In addition, we
provide this personal information to third-party service providers
who help us maintain our Service and deliver information and
services to you and other users of our Service.
3. MINORS
Our Service is intended for persons 18 years or older and we will
not knowingly permit anyone under the age of 18 to use our Service.
4. USER CONTENT
A. By submitting any content (including without limitation, your
photograph) to our Site, you hereby grant us a perpetual, worldwide,
non-exclusive, royalty-free right and license to use, reproduce,
display, perform, adapt, modify, distribute, have distributed and
promote such content in any form, in all media now known or
hereinafter created, anywhere in the world, and for any purpose.
B. You are solely responsible for any content that you submit, post
or transmit via our Service. You agree not to post or submit any
content that: (a) is libelous, defamatory or slanderous, (b)
contains sexually explicit content (including nudity), (c) may
denigrate any ethnic, racial, sexual or religious group by
stereotypical depiction or otherwise, (d) exploits images or the
likeness of individuals under 18 years of age, (e) encourages or
otherwise depicts glamorized drug use (including alcohol and
cigarettes), (f) makes use of offensive language or images, (g)
characterizes violence as acceptable, glamorous or desirable, or (h)
contains any of your personal contact information other than your
email address.
C. We have no obligation to post any content that you or anyone else
submits. In addition, we may, in our sole and unfettered discretion,
edit, remove or delete any content that you post or submit.
5. THIRD PARTY CONTENT
In your use of our Service, you may access content from third
parties ("Third Party Content"), either via our Service or through
links to third party web sites. We do not control Third Party
Content and make no representations or warranties about it. You
agree that by using our Service, you may be exposed to Third Party
Content that is false, offensive, indecent or otherwise
objectionable. Under no circumstances will we be liable in any way
for any Third Party Content, including, without limitation, any
errors or omissions in any Third Party Content or any loss or damage
of any kind incurred as a result of the use of any Third Party
Content posted, stored or transmitted via our Service. You agree
that you must evaluate, and bear all risks associated with, Third
Party Content, including without limitation, profiles of other users
of our Service.
6. PROPRIETARY RIGHTS
A. You agree that all content and materials available on our Site
are protected by rights of publicity, copyright, trademarks, service
marks, patents, trade secrets or other proprietary rights and laws.
Except as expressly authorized by us, you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit or create
derivative works from materials or content available on our Site.
Notwithstanding the above, you may use the content and materials on
our Site in the course of your normal, personal, non-commercial use
of our Service.
B. You agree not to systematically retrieve data or other content or
any materials from our Site to create or compile, directly or
indirectly, a collection, compilation, database, directory or the
like, whether by manual methods, through the use of "bots" or
otherwise. You agree not to use of any of our trademarks as metatags
on other web sites. You agree not to display any of our Site in a
frame (or any of our content via in-line links) without our express
written permission, which may be requested by contacting us at
jinsuk@gmail.com. You may, however, establish ordinary
links to the homepage of our Site without our written permission.
7. USERNAME AND PASSWORD
You will select a username and password when completing the
registration process. You are solely and fully responsible for
maintaining the confidentiality of your username and password, and
are solely and fully responsible for all activities that occur under
your username and password. You agree to: (a) immediately notify us
of any unauthorized use of your username and password or any other
breach of security and (b) ensure that you log off from your account
at the end of each session. We cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section
7.
8. TERMINATION
You agree that we, in our sole and unfettered discretion, may
terminate your access to our Service for any reason, including,
without limitation, your breach of these Terms. You agree that any
termination of your access to our Service may be effected without
prior notice, and acknowledge and agree that we may immediately
deactivate or delete any of your accounts and all related
information and files in such accounts and/or bar any further access
to such files or our Service. Further, you agree that we will not be
liable to you or any third party for any termination of your access
to our Service.
9. DISCONTINUANCE OF SERVICE
We reserve the right at any time to modify or discontinue,
temporarily or permanently, any portion of our Service with or
without prior notice. You agree that we will not be liable to you or
to any third party for any modification or discontinuance of our
Service.
10. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: (a) that you have the
full power and authority to enter into and perform under these
Terms, (b) your use our Service will not infringe the copyright,
trademark, right of publicity or any other legal right of any third
party, (c) you will comply with all applicable laws in using our
Service and in engaging in all other activities arising from,
relating to or connected with these Terms, including, without
limitation, contacting other users of our Service and (d) you own or
otherwise have all rights necessary to license the content you
submit and that the posting and use of your content by us will not
infringe or violate the rights of any third party.
11. DISCLAIMER OF WARRANTIES
YOU AGREE THAT:
A. IF YOU USE OUR SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. OUR
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE
EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
B. WE DO NOT WARRANT THAT (A) OUR SERVICE WILL MEET YOUR
REQUIREMENTS, (B) OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE, (C) ANY INFORMATION THAT YOU MAY OBTAIN ON OUR
SERVICE WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH OUR SERVICE WILL MEET YOUR EXPECTATIONS, (E)
ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO
THIRD PARTIES OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE
CORRECTED.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR
SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU
ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION
WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN
FORM FROM US OR THROUGH OR FROM OUR SERVICE WILL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS.
12. LIMITS ON LIABILITY
A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM,
RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR
SERVICE, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR
INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION
OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR
SERVICE, (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR CONTENT, (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE
PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE OR (E) ANY OTHER
MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR
THESE TERMS.
B. WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING
UNDER THESE TERMS OF USE WHERE SUCH FAILURE OR DELAY IS DUE TO
CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL
CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS,
TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS
BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES
OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS.
C. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD
PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR
SERVICE OR THESE TERMS EXCEED THE SUM OF TWO HUNDRED ($200) DOLLARS.
D. 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
LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
13. INDEMNITY
You agree to defend, indemnify and hold us harmless from any claim,
demand, action, damage, loss, cost or expense, including without
limitation, reasonable attorneys' fees, incurred in connection with
any suit or proceeding brought against us arising out of your use of
our Service or alleging facts or circumstances that could constitute
a breach of any provision of these Terms by you. If you are
obligated to indemnify us, we will have the right, in our sole and
unfettered discretion, to control any action or proceeding and
determine whether we wish to settle it, and if so, on what terms.
14. ARBITRATION
All disputes arising out of or relating to these Terms or your use
of our Service will be exclusively resolved under binding
arbitration held in the United States before and in accordance with
the Rules of the American Arbitration Association.
15. MISCELLANEOUS
These Terms shall be interpreted in accordance with the laws of the
United States without reference to conflict of law principles. These
Terms contain the entire understanding of the parties regarding
their subject matter, and supersede all prior and contemporaneous
agreements and understandings between the parties regarding their
subject matter. No failure or delay by a party in exercising any
right, power or privilege under these Terms shall operate as a
waiver thereof. The invalidity or unenforceability of any of these
Terms shall not affect the validity or enforceability of any other
of these Terms, all of which shall remain in full force and effect.
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