CHOSENNET TERMS OF SERVICE

To become a member of ChosenNet, you must read and accept our Terms of Service.

CHOSENNET TERMS OF SERVICE

Welcome to www.chosennet.com (“ChosenNet”), an online community networking service for adults operated by Who New LLC (“Who New”). By using the ChosenNet web site (the “Web site” or the "Site") you agree to be bound by these Terms of Service (this "Agreement"), whether or not you register as a member (“Member”). If you wish to become a Member and to make use of the ChosenNet service (the "Service"), you must read these Terms of Service and indicate your acceptance of them when asked during the Registration process.

This Agreement sets out the legally binding terms of your use of the Web site and your membership in the Service and may be modified by ChosenNet from time to time, such modifications to be effective upon posting by ChosenNet on the Web site.   You can also receive a copy of this Agreement by emailing us at: CustomerService@chosennet.com, Subject: Terms of Service Agreement.

1.      Eligibility - You must be eighteen or over to use the Web site or to register as a Member of ChosenNet. Membership in the Service is void where prohibited. By registering for the Service and becoming a Member, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and you agree to abide by all of the terms and conditions of this Agreement. In particular, you represent and warrant that you are eighteen years of age or older.

2.      Term - This Agreement will remain in full force and effect while you use the Web site and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Resign page in the Your Account section of the Web site, or upon receipt by ChosenNet, and verification by return email, of your email notice of termination, sent from the email address you provide in your application for membership, or such other email address as you may later provide to ChosenNet (your "Currently Registered Email Address"), that includes your current account password. ChosenNet may, without notice, terminate your membership at any time for any reason.  In addition, ChosenNet may suspend access to the Site or to elements of the Service for any user, whether a Member or not, where ChosenNet deems such access to be harmful to the Site, the Service, or other ChosenNet users.  If ChosenNet terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated or access is suspended, certain provisions of this Agreement will remain in effect, including Sections 8, 10, 11, 12, 13, 14 and 15.

3.      Individual, Non-Commercial Use - The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors.  You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose. ChosenNet reserves the right to investigate and take action it deems appropriate against illegal and/or unauthorized uses of the Web site - including but not limited to collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Web site.  Such action includes, without limitation, civil, criminal, and injunctive redress.

4.      Non-Exclusive Membership - ChosenNet does not exclude non-Jews from membership in ChosenNet, nor does it make any representation that ChosenNet members who say they are Jewish actually are.

5.      Email Address - Communication with and between members is fundamental to ChosenNet's business.  You agree that, while you are a member, your Currently Registered Email Address shall be valid, owned or controlled by you, and shall accept email sent from ChosenNet (i.e., our emails will not be blocked or otherwise prevented from reaching you).

6.      Online Conduct - You agree that you are solely responsible for your behavior on the Site and for the content or information you publish or display (hereinafter, "post") on the ChosenNet Service, or transmit to other ChosenNet Members.  ChosenNet reserves the right, in its absolute discretion, to remove or edit any content or information you post to bring it into compliance with this Agreement.  You further agree that you will not:

a.      post false, misleading, or multiple profiles, or impersonate any person or entity, including, but not limited to, a ChosenNet official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

b.      express or imply that any statements you make are endorsed by ChosenNet, without our specific prior written consent;

c.      post on the ChosenNet Service, or transmit to other ChosenNet Members or employees, or upload to the ChosenNet Site, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

d.      include in your personal profile, comments on friends, photo captions, discussion board postings, or any other image or text that is viewable by the general ChosenNet membership (your “Public Content”), i) last names, ii) contact information (including but not limited to telephone numbers, street addresses, e-mail addresses, and instant messaging handles), or iii) HTML tags, scripts, or URLs (including but not limited to URLs for personal websites, blogs, or photo albums), other than where you are specifically asked to do so by the Web site.

e.      include in your profile or communications to ChosenNet Members any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, or post any photos containing nudity or personal information. ChosenNet reserves the right, but has no obligation, to reject any profile, message or photo that does not comply with these prohibitions;

f.        "stalk" or otherwise harass any person;

g.      harm minors in any way;

h.      collect, download, or store personal data, including photographs, of ChosenNet Members, except in the normal course of using the Service;

i.        post, distribute or reproduce in any way any personal data, including photographs, of ChosenNet Members.

j.        upload, post, email, transmit or otherwise make available any Content protected by any patent, trademark, trade secret, copyright or other proprietary rights of any party without obtaining the prior consent of the owner of such proprietary rights;

k.      remove any copyright, trademark or other proprietary rights notices contained in the Site;

l.        use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;

m.     interfere with or disrupt the Service or the Site or the servers or networks connected to the Service or the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

n.      forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

o.      engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service, except where explicitly allowed on the Site. You will not transmit any chain letters or junk E-mail to other ChosenNet Members.

p.      include in your Public Content any links, user names, URLs or other information that promotes or provides linkages to websites that provide services that, in ChosenNet’s judgment, compete with ChosenNet’s Services; such services shall include but not be limited to social networking, dating, blogs, chat/instant messaging, and photo albums services;

q.      upload, post, email, 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;

r.       upload, post, email, 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;

s.      disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;

t.      intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.

7.      Photos - ChosenNet members may upload photographs or other images ("Photos") that they wish to include in their profiles. ChosenNet has the right to approve all use of Photos on the Site, including Photo size, location, and content.  ChosenNet further reserves the right (but has no responsibility) to crop or otherwise edit Photos, at our discretion, for clarity or to bring them into compliance with these Terms of Service.  ChosenNet can rescind its approval of a Member's Photos at any time for any reason and can set and enforce limits as to how often a Member may upload new photos for approval.

8.      Public Discussion Content - By posting information or content to any public discussion area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to ChosenNet an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

9.      Copyright - ChosenNet may, in appropriate circumstances and at its discretion, terminate membership and/or suspend access of users who may be infringing the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please send an email detailing your concerns to copyright@chosennet.com .

10.    Privacy - Use of the Web site and/or the Service is also governed by our Privacy Policy

11.    Disclaimer - ChosenNet is not responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilized in the Service. ChosenNet is not responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. ChosenNet assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. ChosenNet is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will ChosenNet be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. The Web site and the Service are provided "AS-IS" and ChosenNet expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ChosenNet cannot guarantee and does not promise any specific results from use of the Web site and/or the Service

12.    Limitation on Liability - Except in jurisdictions where such provisions are restricted, in no event will ChosenNet be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if ChosenNet has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, ChosenNet’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to ChosenNet for the Service during the term of membership.

13.    Indemnity - You agree to indemnify and hold ChosenNet, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another ChosenNet user.

14.    Member Disputes - You are solely responsible for your interactions with other ChosenNet Members. ChosenNet reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other Members.

15.    Disputes - If there is any dispute about or involving the Web site and/or the Service, by using the Web site, you agree that the dispute will be governed by the laws of the State of California without regard to any choice of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco.

16.    International Use - Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

17.   Violations - Please report any violations of these Terms of Service to CustomerService@chosennet.com Subject: Terms of Service Violation.

ChosenNet Terms of Service Version 1.5