The AdXplore Websites (as defined below) are owned and operated by AdXplore, Incorporated in the state of Delaware (“AdXplore”). By using and accessing the AdXplore Websites located at http://AdXplore.net, and all linked pages owned and operated by AdXplore, you agree to be bound by these terms of use, as well as any other guidelines, rules and additional terms referenced herein. All such guidelines, terms and rules are incorporated by this reference (collectively as “Terms of Use”).

AdXplore online services, will, among other things, help you find advertisments, events, news, jobs and classified ads posted by registered users at the search location you specify.

These Terms of Use set out the legally binding terms with respect to your use of and our provision of the AdXplore Websites. Please read these Terms of Use carefully. Your access to or use of the AdXplore Websites constitutes your acceptance of all the provisions of these Terms of Use.

If you are unwilling to be bound by these Terms of Use, do not access or use the AdXplore Websites.

1. Content Posted By You on the AdXplore Websites:
   • You are solely responsible for any Content and other material that you submit, publish or display on the AdXplore Websites or transmit to other members and/or other website users (hereinafter, “Posted Content”).
   • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
   • You may not provide any Posted Content that falsely expresses or implies that such Content or material is sponsored or endorsed by AdXplore.
   • You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
   • You understand and agree that AdXplore may review and delete any Posted Content that in the sole judgment of AdXplore violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the AdXplore Websites and/or other website users.
   • You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
   • By posting Posted Content on the AdXplore Websites, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, AdXplore an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to prepare derivative works of, or incorporate into other works, such Posted Content.
   • The following is a partial list of the kind of Content and communications that are illegal or prohibited on/through the AdXplore Websites. AdXplore reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the AdXplore Websites and terminating the membership of such violators or blocking your use of the AdXplore Websites.

     You may not post Content that:

     • is false or intentionally misleading;
     • is patently offensive to users of the AdXplore Websites, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
     • harasses or advocates harassment of another person;
     • involves the transmission of unsolicited mass mailing or “spamming”;
     • violates the intellectual property or other rights of any person;
     • promotes illegal activities or conduct that is abusive;
     • is threatening, obscene, defamatory or libelous;
     • is pornographic or sexually explicit in nature;
     • seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
2. Eligibility:

   You must be 18 or over, or of legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to register as a member of the AdXplore Websites. If you are under the age of 18 or the applicable legal age in your jurisdiction, you can use the AdXplore Websites only in conjunction with and under the supervision of your parent or guardian who has agreed to the Terms of Use. If you do not qualify, do not use the Websites.

   Membership in the AdXplore Websites is void where prohibited by applicable law and the right to access the AdXplore Websites is revoked in such jurisdictions.

   You must be 13 or older to use the sites, in compliance with the Children’s Online Privacy Protection Act. By using the AdXplore Websites, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.

   The AdXplore Websites are administered in the U.S. and is intended for U.S. users. Any use outside of the U.S. is at the user’s own risk. Users are responsible for compliance with any local laws applicable to their use of the service or the website.

3. Registration and Security:

   In order to post on the AdXplore Websites, you are required to register on the AdXplore Websites and to select a password and submit a valid sign-in ID. The sign-in ID shall consist of an email address you own and use (“User ID”). If you register, you agree to provide AdXplore with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account.

   • You may not:
   • enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or,
   • use as a User ID an email address subject to any rights of a person other than yourself without appropriate authorization.

   AdXplore reserves the right to refuse registration of, or cancel a User ID in its discretion.

   You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided by you for your access to the AdXplore Websites shall be for your personal use only.

   • You agree to:
   • immediately notify AdXplore of any unauthorized use of your User ID or password,
   • ensure that you Logout from your account at the end of each session.
4. Use of the Websites:

   Subject to the restrictions on use and on posting set forth in this Agreement, you may: use the AdXplore Websites to search location-based advertisments, events and news of interest posted by other AdXplore users; forward events and postings to people you know, whether or not they are existing AdXplore users; invite people you know to join the AdXplore websites; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available on the AdXplore Websites (“Content”) for your own use.

   You may not copy or distribute any portion of the AdXplore Websites for any purpose not authorized above without the express written permission of AdXplore. AdXplore does not control the Content posted by third parties on the AdXplore Websites and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the AdXplore Websites you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will AdXplore be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit to the AdXplore Websites. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.

5. Restrictions on Rights to Use:

   You agree that you will not:

   • modify, adapt, translate, or reverse engineer any portion of the AdXplore Websites;
   • remove any copyright, trademark or other proprietary rights notices contained in or on the AdXplore Websites or in or on any Content or other material obtained via the AdXplore Websites;
   • use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the AdXplore Websites;
   • access, retrieve or index any portion of the AdXplore Websites for purposes of constructing or populating a searchable database of classified ads, business listings or job listings;
   • reformat or frame any portion of the web pages that are part of the AdXplore Websites;
   • create user accounts by automated means or under false or fraudulent pretenses;
   • create or transmit unwanted electronic communications such as “spam” to other users or members of the AdXplore Websites or otherwise interfere with other user’s or member’s enjoyment of the AdXplore Websites;
   • transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
   • use of the AdXplore Websites to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
   • copy or store any Content offered on the AdXplore Websites for other than for your own use;
   • use any device, software or routine that interferes with the proper working of the AdXplore Websites, or otherwise attempt to interfere with the proper working of the AdXplore Websites;
   • take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
   • use the AdXplore Websites, intentionally or unintentionally, to violate any applicable local, state, national or international law;
   • collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
6. Copyright Dispute Policy:

   AdXplore has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (posted at DMCA). The address of AdXplore’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the bottom of this section.

   • AdXplore Policy:

     It is AdXplore’s policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.

   • Procedure for Reporting Copyright Infringements:

     If you believe that material or Content residing on or accessible through the AdXplore Websites or Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”):

     1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
     2. Identification of works or materials being infringed;
     3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that AdXplore is capable of finding and verifying its existence;
     4. Contact information about the notifier including address, telephone number and, if available, email address;
     5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law;
     6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
   • Upon Receipt of a Bona Fide Infringement Notification:

     Once Proper Bona Fide Infringement Notification is received by the Designated Agent, it is AdXplore’s policy:

     1. to remove or disable access to the infringing material;
     2. to notify the Content provider, member or user that it has removed or disabled access to the material;
     3. that for repeat offenders, AdXplore will also terminate such Content provider’s, member’s or user’s access to the AdXplore Websites.
   • Procedure to Supply a Counter-Notice to the Designated Agent:

     If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

     1. A physical or electronic signature of the Content provider, member or user;
     2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
     3. A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material;
     4. The Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which AdXplore is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
   • Removal:

     If a counter-notice is received by the Designated Agent, AdXplore may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at AdXplore’s discretion.

   • Address for Designated Agent. Please contact AdXplore’s Designated Agent to Receive Notification of Claimed Infringement at the following address:

     Copyright Agent, AdXplore Inc.

     230 Mount Hermon Rd. Suite 211, Scotts Valley CA 95066

7. Venue Only:

   If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the AdXplore Websites, such activity is solely between you and the applicable third party. AdXplore shall have no liability, obligation or responsibility for any such activity. You hereby release AdXplore from all claims arising from such activity.

8. Privacy:

   Use of the AdXplore Websites is also governed by our Privacy Policy)

9. Term.

   These Terms of Use will remain in full force and effect while you use the AdXplore Websites.

10. Ownership:

    The AdXplore Websites (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the AdXplore Websites are also copyrighted works. You acknowledge that the AdXplore Websites and any underlying technology or software used in connection with the AdXplore Websites contain AdXplore’s proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the AdXplore Websites in whole or in part except as expressly provided in AdXplore’s policies and procedures made available via the AdXplore Websites.

11. Changes to the Agreement or the Terms of Use:

    You agree and understand that these Terms of Use for the AdXplore Websites may be modified by AdXplore at any time without prior notice. Such modifications will be effective upon AdXplore posting of the new terms and/or upon implementation of the new changes on the AdXplore Websites. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your use of the AdXplore Websites after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by AdXplore, any new features, enhancements or modifications to the AdXplore Websites implemented after your initial access to the AdXplore Websites shall be subject to these Terms of Use.

12. Disclaimer.

    THE ADXPLORE SITES ARE PROVIDED BY ADXPLORE ON AN “AS IS” BASIS. ADXPLORE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE ADXPLORE SITES, OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE ADXPLORE SITES, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ADXPLORE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADXPLORE FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE ADXPLORE SITES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ADXPLORE IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE ADXPLORE SITES. AdXplore does not warrant or covenant that the AdXplore Websites will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the AdXplore Websites are free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the AdXplore Websites is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM ADXPLORE OR THE ADXPLORE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

13. Limitation on Liability.

    AdXplore shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond AdXplore’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). WITHOUT LIMITING THE FOREGOING, ADXPLORE WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ADXPLORE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO FORGRAB IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

14. Indemnity.

    You agree to indemnify and hold AdXplore, its subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the AdXplore Websites, (ii) the violation of these Terms of Use by you, or (iii) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

15. Miscellaneous.

    If there is any dispute about or involving the AdXplore Websites, by using the AdXplore Websites, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict 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 Jose. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind AdXplore in any respect whatsoever. AdXplore may provide you with notices, including those regarding changes to the Terms of Use by email, regular mail or postings on the AdXplore Websites. These Terms of Use, accepted upon use of the AdXplore Websites, and all terms, guidelines and rules referenced herein contain the entire agreement between you and AdXplore regarding the use of the AdXplore Websites. The failure of AdXplore to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with AdXplore’s prior written consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include AdXplore’s acceptable use policy for Content posted on the AdXplore Websites, AdXplore’s Privacy Policy, and any notices regarding the AdXplore Websites.

16. Contact and Violations.

    Please contact us with any questions regarding these Terms of Use. Please report any violations of the Terms of Use to AdXplore Legal.

17. Mark

    “4grabs” and “AdXplore” are proprietary service marks of AdXplore, Inc.