Please read the following terms and conditions carefully. ThirdAge, currently located on the Internet at http://www.thirdage.com (the "Service") is an online information and communication service, operated by ThirdAge Inc. ("ThirdAge"). ThirdAge provides its service to you, subject to the following Terms and Conditions of Service ("Terms of Service"). By using ThirdAge's World Wide Web site or by registering as a member of the Service, you agree to be bound by these Terms of Service, which we may update without notice to you. Because the dynamic nature of the Internet may require such changes, we suggest that you check these Terms of Service (located at http://www.thirdage.com/about/terms.html) from time to time for the most current version.
Membership
You are eligible to become a member of the Service if you are over 18. If you register with the Service as a member, you may have access to member-only services (e.g., chat, homepages, email, and personals). When using such services, you, as well as ThirdAge, shall be bound by these Terms of Service and any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
When registering as a member, you represent that you are 18 years of age or older and agree to provide truthful information about yourself as requested by the registration form and update the information to keep it truthful and current. If you do not provide truthful or complete information, or if ThirdAge has reason to believe that information is untruthful or incomplete, then ThirdAge may suspend or terminate your account.
Upon registering as a member of the Service, you will receive a user name and password. You are responsible for keeping your user name and password confidential and are fully responsible for all activity occurring under the use of your user name. You agree to notify ThirdAge immediately if there is an unauthorized use of your user name or password.
Conduct
By using the Service, or registering as a member, you agree to the following rules; failure to comply with these rules may lead to the cancellation of your membership and/or a denial of access to the Service.
Respect other users. You agree to abide by our Community Guidelines (located at http://www.thirdage.com/help/guidelines.html), which are hereby incorporated by reference into these Terms of Service. You may not post or transmit on the Service any defamatory, inaccurate, abusive, obscene, profane, vulgar, threatening, offensive or illegal material. ThirdAge has created certain areas on the Service that may contain adult content; you must be at least 18 years old to access such areas. You acknowledge that we do not screen user-created content before it is posted or transmitted, but we reserve the right in our sole discretion (but are not obligated) to review and edit, delete or refuse to post any material submitted for display or placed on the Service, including bulletin boards, chat rooms, discussions, blogs and/or e-mails.
You may use the Service for lawful purposes only. You may not post or transmit any material that violates the rights of others, infringes a person's intellectual property rights (such as copyrights, patents, or trademarks), is otherwise unlawful or encourages unlawful activity, or could give rise to civil liability. Posting or transmission of any material that violates any federal, state, or local law or regulation is prohibited, and we reserve the right to notify law enforcement authorities in such event.
You may not post or send advertising or other solicitations. You may not post any unsolicited or unauthorized advertising, promotions, junk mail, spam, chain letters, or any other form of solicitation, except for on your homepage.
Respect the security of our Service. You agree not to access, or attempt to access, other members' accounts, and you agree not to interfere with or disrupt the Service or any servers connected to the Service. You agree not to distribute any content that contains any viruses, trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, interfere with, or intercept any data or personal information.
Respect Copyright Law. The original and licensed content ("Content") on the ThirdAge Web site is protected by copyright law. You are not permitted to: (a) de-compile or reverse engineer the Content; (b) sell, license, sublicense, distribute or commercially exploit the Content; (c) make the Content available through any means or media other than the ThirdAge Web site; (d) modify, publish, transmit, license, sublicense, transfer, sell, reproduce, create derivative or collective works from, or in any way otherwise exploit the Content, in whole or in part; (e) remove from the Content any copyright notices, disclaimers or other indicia of ownership or restrictions on use; (f) remove, modify or edit the substance of any information within the Content.
Privacy
The information you provide when you register and other information about you is subject to our privacy policy, which can be viewed at http://www.thirdage.com/about/privacy.html.
Your Content
You are solely responsible for content you transmit or post using the Service. The content you distribute shall not infringe any third party's intellectual property rights or the rights of privacy or publicity of any third party.
Public Areas and Contests
A public area of the Service is any area where you may submit material ("Submissions") for viewing by others or where you may view Submissions of other Service members, such as bulletin boards, discussions, blogs or chat rooms. By transmitting a Submission to any "public area" of ThirdAge.com, including message boards, discussions, contests, blogs and chat rooms, you grant ThirdAge and its affiliates a royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, 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 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 other users of the Service to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on ThirdAge retains any and all Rights that may exist in such content.
Similarly, by submitting content to any contests or to any public area of the service, you hereby expressly permit ThirdAge to identify you as the contributor of such content to the contest in any publication in any form, media, or technology now known or later developed in connection with the content, unless you otherwise notify ThirdAge in writing at the time you submit the content that you do not wish to be so identified.
Modifications
ThirdAge reserves the right to discontinue or modify any parts of the Service with or without notice to you.
Termination
We may terminate your membership and/or deny access to the Service if we learn that you have provided false or misleading registration information, interfered with our administration of our Web site, or violated these Terms of Service. Additionally, we may choose to remove any or all of the content you submit in connection with the Service at any time and without notice to you.
Third Party Links
ThirdAge may provide links to third party sites (including the sites of our business partners). ThirdAge is not responsible for the content of any other site linked to from our site.
Disclaimer of Warranties
THE SERVICES AND MATERIALS ON THIS SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. THIRDAGE DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NEITHER THIRDAGE NOR ANY OF ITS AFFILIATED COMPANIES NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER THIRDAGE NOR ANY OF ITS AFFILIATED COMPANIES NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU ACKNOWLEDGE THAT NEITHER THE SERVICE, NOR ANY OF THE INFORMATION PROVIDED ON THE SERVICE, CONSTITUTES, OR IS INTENDED TO CONSTITUTE, TAX, ACCOUNTING, LEGAL, MEDICAL, OR ANY OTHER PERSONAL ADVICE. ALTHOUGH THE SERVICE MAY PROVIDE ACCESS TO INFORMATION, RESEARCH, AND/OR GENERAL RECOMMENDATIONS ABOUT A VARIETY OF TOPICS, SUCH INFORMATION, RESEARCH, AND/OR GENERAL RECOMMENDATIONS SHOULD NOT BE CONSTRUED AS AN OPINION REGARDING THE SUITABILITY FOR YOU OR ANY OTHER PERSON. YOU AGREE TO MAKE YOUR OWN INDEPENDENT EVALUATION OF THE INFORMATION AS APPLIED TO YOU. NO INFORMATION OBTAINED FROM THIRDAGE, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE.
THIRDAGE SHALL NOT BE LIABLE FOR ANY 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 THIRDAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
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.
ThirdAge's Proprietary Rights
The contents of this Web site are the property of ThirdAge and/or its licensors and are protected by copyright, trademark, and other intellectual property laws. ThirdAge makes the Service available to you for your personal use only and on the express condition that you do not copy, modify, create a derivative work of, reverse engineer, revise, assemble, or otherwise attempt to discover any source code; or sell, assign, sublicense, grant a security interest in, or otherwise transfer any of the contents of this Web site or the software used to deliver this Web site to you--except that you may download one copy onto a single computer or make one print copy for your personal, non-commercial use.
Indemnity
You agree to indemnify and hold harmless ThirdAge and its affiliates, officers, agents, co-branders or other partners, and employees from any third party claim or demand (including actual attorneys' fees) due or relating to your use of the Service, your violation of these Terms of Service, or content you submit to or post on the Service.
General
You agree that the laws of the State of California, without reference to its conflicts of laws rules, shall govern all matters relating to this Agreement. In any matter relating to your use of the Service, you and ThirdAge agree to submit to the personal and exclusive jurisdiction of the courts located within the City and County of San Francisco, California.
These Terms of Service constitute the entire agreement between you and ThirdAge and shall govern your use of the Service. These Terms of Service shall supercede any prior agreements between you and ThirdAge. You may also be subject to additional terms that may apply when you sue third party services or content. If any provision of these Terms of Service are found to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions and that the remainder of the Terms of Service will remain in full force and effect.
