1.0 User’s Agreement Of Terms of use

AGREEMENT TO TERMS
By entering the 123out.com Web Site you acknowledge and agree to the following terms and conditions. If you do not agree to these terms, DO NOT USE THIS SITE. The legal information is applicable to all pages of the 123out.com Web Site, unless explicitly stated otherwise on any particular page. No entry for under-aged persons:

If you are an under-aged person, you are not allowed to use the 123out.com Web Site.

ENTRY AT YOUR OWN RISK
By entering this site you acknowledge and agree that your use is at your own risk and that none of the parties involved in creating, producing, or delivering this site is liable for any direct, incidental, consequential, indirect or punitive damages, or any losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, the use of or browsing of this site or through your downloading of any materials, text, data, images, video or audio from this site, including but not limited to anything caused by any viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

NO WARRANTY ON CONTENTS, INFORMATION AND MATERIALS
Although the specifications, features, illustrations, equipment and other information contained in the site are based upon up-to-date information, and while 123out.com makes all reasonable efforts to ensure that all material on this site is correct, accuracy cannot be guaranteed and 123out.com makes no warranties or representations as to its accuracy. All contents, information and materials contained in this site are provided to you “AS IS”, without any warranty of any kind, either express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.

NO CONFIDENTIALITY, USE OF INFORMATION
By entering this site you acknowledge and agree that any communication or material you transmit to this site, in any manner and for any reason, will not be treated as confidential or proprietary. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to this site may be used by 123out.com anywhere, anytime and for any reason whatsoever.

Third Party Advertisers
123Out shares Web site usage information for the purpose of targeting our Internet banner advertisements on various sites. For example, [XYZ Company] uses cookies and clear GIFs on this site, which allow them to recognize a user's cookie when a user visits this site. The information they collect and share through this technology is not personally identifiable.

Business Transitions
In the event 123Out goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users personal information will, in most instances, be part of the assets transferred. Users will be notified via email as well as a prominent notice on our Web site for 30 days prior to a change of ownership or control of their personal information. If as a result of the business transition, the users personally identifiable information will be used in a manner different from that stated at the time of collection they will be given choice consistent with our notification of changes section.

HYPERLINKS
Although this site may be linked to other sites, 123out.com is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. By entering this site you acknowledge and agree that 123out.com has not reviewed all sites linked to this site and is not responsible for the content of any off-site pages or any other site linked to this site. Your linking to any other off-site pages or other sites is at your own risk.

REVISION OF THIS PAGE
123out.com reserves the right to revise this legal information at any time for any reason and reserves the right to make changes at any time, without notice or obligation, to any of the information contained on this site. By entering this site you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page of the site to review these terms and conditions.

APPLICABLE LAW
By entering this site you acknowledge and agree that this site will be construed and evaluated according to the laws of The United States of America. If you use this site from another country you are responsible for compliance with any and all applicable local laws. 123out.com makes no representation that the materials contained within this site are appropriate for countries outside The United States of America.

THE 123OUT.COM NAME, TRADEMARKS, LOGO’S BELONG TO 123OUT.COM
By entering this site you acknowledge and agree that any name, logo, trademark or service mark contained on this site is owned or licensed by 123out.com and may not be used by you without prior written approval. 123out.com will enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of 123out.com or used on this site with permission. Your use of any of these materials is prohibited unless specifically provided for on the site. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.

COPYRIGHTS BELONG TO 123OUT.COM
123out.com is the copyright owner of this site and no portion of this site, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without 123out.com’s express written permission, except if indicated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this site for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices. Modification, re-postmen or use of the material on this site for any other purpose violates 123out.com’s legal rights. We are proud of our name, products, trademarks and logo’s. You acknowledge that these are owned or licensed by 123out.com and may not be used by you without our express written consent. 123out.com occasionally receives requests to remove links or guest book postings from the 123out.com Web Site. Please note that the following is the general approach of 123out.com:

2.0 Rules Of Use For The 123out.Com Web Site

RULES OF USE
In order to ensure that we all enjoy the facilities of the 123out.com Web Site, we herewith give a set of rules which apply to the 123out.com Web Site. 123out does not promote the irresponsible and unsafe consumption of alcoholic beverages, and assumes no liability for injury and/or other loss to those participating in 123out.com promotions, or the actions of said participants. Anyone who consumes alcohol is STRONGLY encouraged to call a friend or a cab for a ride home. Please be smart and don’t drink and drive. Use common sense when drinking, stop while you’re ahead.

CONDUCT
We reserve the right at our sole discretion to revoke membership of any individual found: to be acting in violation of the Membership Agreement or any posted rules; to be tampering with the operation of this site or any services hereon; or to be acting in an un-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. You agree that in the use of this site -- including but not limited to chat areas, and the registration of usernames or group names -- you will not use obscene, libelous or slanderous language, or language which infringes upon a third party's trademark, trade name or other intellectual property right or right to privacy. You agree to indemnify and hold harmless the Site Providers, their respective parents, subsidiaries, affiliates, directors, sponsors, officers, consultants, agents, and employees against and from all claims, damages, liabilities, costs and expenses asserted by third parties alleging that the site includes obscenity, libel, slander, or infringes upon the third party's intellectual property or privacy rights, as a direct result of your actions in the use of the site. You further agree to not knowingly: damage or cause interruption of the services on the site; prevent others from using the site; obtain or modify another user's non-public account information without their consent.

UNLAWFUL BEHAVIOUR
Do not post on this site, or transmit to this site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other materials which could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation. Notwithstanding that 123out.com or other parties are involved in creating, producing or delivering this site, may monitor or review transmissions, postings, discussions, chats, 123out.com and all parties involved in creating, producing or delivering this site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity or misrepresentation.

CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF A GAME IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SITE PROVIDERS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

LIMITATIONS OF LIABILITY
Site Providers are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the site or by any technical or human error which may occur in the processing of submissions in the site. Site Providers assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, entries. Site Providers are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or members on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to members or to any other person's computer related to or resulting from using services or downloading materials in this site. If, for any reason, the site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Site Providers which corrupt or affect the administration, security, fairness, integrity or proper conduct of the site, Site Providers reserve the right to cancel, terminate, modify or suspend the services or site indefinitely. Those that are in conflict with our rules or in any other way not according to standards of what the public may expect on the 123out.com Web Site will be removed at 123out.com's sole discretion. It should be noted however that we cannot guard every part of the 123out.com Web Site every time of the day, and that we assume no responsibility or liability which may arise form the content of any message posted by any third party on the 123out.com Web Site. We suggest you also read the legal information, which contains more detailed information regarding the above.

Indemnification Publishers will at all times indemnify and hold harmless 123Out from and against any and all claims or actions brought by a third party against 123Out arising out of the Publisher's breach of any representation, warranty or obligation hereunder, or any alleged breach of any representation, warranty or obligation to any other party (a "Covered Claim") and Publisher will indemnify and hold 123Out harmless from and against any costs, damages and fees reasonably incurred, including but not limited to fees of outside attorneys and other professionals, that are attributable to any Covered Claim.

Limitation of Liability
Under no circumstances shall 123Out be liable to publisher for indirect, incidental, consequential, special, or exemplary damages (even if such party has been advised of the possibility of such damages), arising from any aspect of the relationship provided herein. In no event shall 123Out's liability for any reason whatsoever exceed the fees paid to publisher by 123Out under this agreement. Publisher agrees and does waive trial by jury in any action, proceeding or counterclaim brought against 123Out for any reason whatsoever exceed the fees paid to publisher by 123Out under this agreement. No action, suit or proceeding shall be brought against 123Out more than one year after the date of service under this agreement.

Governing Law.
The relationship between 123Out and Publisher will be governed by, and construed in accordance with, the laws of the State of California without regard to its laws or regulations relating to conflicts of laws. Publisher hereby irrevocably consents to the exclusive jurisdiction of the courts of the State of California and the federal courts situated in the State of California in connection with any action arising between the parties.