Member Content Self-Publishing Terms And Conditions

(For Authorized Use Of WeCanHookup User Content Publishing Service

Welcome to the WeCanHookup member content publishing engine.

PLEASE READ THESE THIS AGREEMENT CAREFULLY. THE FOLLOWING COMPRISES A LEGALLY BINDING AGREEMENT WITH ENFORCEABLE OBLIGATIONS. BY CLICKING "I AGREE" AT THE END OF THIS DOCUMENT OR USING THE WeCanHookup WEBSITE, YOU ARE AGREEING TO BE BOUND BY ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU ARE ACTING ON BEHALF OF A COMPANY OR OTHER ENTITY YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO DO SO AND BIND THE ENTITY TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT.

The parties to this agreement ("Publishing Agreement") are you, an individual, or, if you are acting on behalf of a company or other legal entity, that entity (hereinafter "You" or "User", and grammatical variations thereof), and WeCanHookup_ (hereinafter variously "Us", "Company" or "WeCanHookup" and grammatical variations thereof).

The Company operates a website accessible at www.www.wecanhookup.com ("Website") at and through which the Company provides services that enable parties ("Publishers") that own appropriate rights in and to photographic works, videographic works, audiovideographic works and/or textual works (" User Content") to upload, manage, distribute and publish such User Content though the use of one or more of the Company's online publication services directly to end users of the Company's WeCanHookup website anywhere the Company enables such content to be accessed ("User Content Publishing Services").

By accessing or using any User Content Publishing Services, You hereby expressly agree to be bound by all of the following:

(1) All the terms and conditions set forth in this Publishing Agreement including limitations from where You may access the Website ("PROHIBITED AREAS" [PLEASE INSERT LINK AND REMOVE THIS INSTRUCTION]);

(2) All the terms and conditions set forth in Our Privacy Policy [Please link to Privacy Policy and remove this instruction], incorporated herein by reference;

(3) All the terms and conditions set forth in Our Website Terms of Use and User Agreement [Please link to Website Terms of Use and User Agreement and remove this instruction], incorporated herein by reference; and

(4) All the terms and conditions set forth in all other notices to Users of the Website and/or Services posted on the Website by the Company.

You hereby acknowledge that You must first agree to all the terms of this Publishing Agreement as a condition to use any of the User Content Publishing Services. This means that You may not upload any User Content to the Website or otherwise use the User Content Publishing Services unless and until You agree to all the terms and conditions set forth in this Publishing Agreement. This also means that if You do not fully agree to all the terms of this Publishing Agreement You are expressly NOT AUTHORIZED to use any of the User Content Publishing Services. Therefore, if You do not agree to the terms of this Publishing Agreement, any use of the User Content Publishing Services will comprise unauthorized use and unauthorized access of our computers and databases in violation of law (See Paragraph * below). You also agree that any such unauthorized use of User Content Publishing Services will also comprise a breach of this contract, trespass to chattels and violation of other Company rights. If You are acting on behalf of a business, You represent and warrant that You have the authority to bind that business and its acceptance of this Publishing Agreement in full and will personally indemnify the Company for any breach of this warranty. YOU HEREBY ACKNOWLEDGE THAT UPLOADING ANY CONTENT TO THE WEBSITE BY YOU OR AT YOUR DIRECTION SHALL EXPRESSLY SIGNIFY THAT YOU AGREE TO ALL THE TERMS, CONDITIONS AND OTHER PROVISIONS, SET FORTH IN THIS AGREEMENT

1. Parties To This Publishing Agreement And Consideration. The parties to this Publishing Agreement are You and WeCanHookup. By Your further accessing the Website or any Services available at or in association with the Website, including the User Content Publishing Services, and for other good and valuable consideration, the sufficiency of which is acknowledged by You and the Company, shall bind You to all the terms and conditions set forth in this Publishing Agreement.

2. Age-Restricted Use Of User Content Publishing Services. No persons under the age of 18 years (21 years in places where eighteen 18 years is not the age of majority) may directly or indirectly upload any User Content or any other materials to the Website or otherwise use any of the User Content Publishing Services or other services offered by the Company.

3. Agreement Not To Upload User Content To The Website From Prohibited Areas. As a material condition to the granting of the license to You to use the User Content Publishing Services set forth in Paragraph 7 below, You agree and warrant that You shall at no time upload any User Content to the Website, or cause or enable any other person to do so, from any parts thereof in geographic locations that are identified by the Company as "PROHIBITED AREAS" [Please insert link and remove this instruction] from which the Company refuses to grant authorized access to its servers and databases. All of the following areas constitute such "PROHIBITED AREAS" from which the Website You may not upload any User Content to the Website:

3.1 Prohibited Access Areas In The United States. All parts of the United States of America corresponding to the entire areas corresponding to United States Postal Service zip codes commencing with any of the following three digits:

PROHIBITED AREAS IN THE UNITED STATES (Please click on the hyperlink above to access a list of zip codes identified by their first three digits listing the prohibited areas in the United States from which You are not authorized to access or use Website or web site materials.)

3.2 Other Prohibited Access Areas.

3.2.1 All parts of the following countries: Afghanistan, Algeria, Chad, Germany, Kuwait, Indonesia, Iran, Iraq, Jordan, Lebanon, Libya, Micronesia, Morocco, North Korea, Pakistan, The Sudan, The Republic of China, Singapore, Saudi Arabia, Somalia, Syria, The United Arab Emirates, Yemen, all areas subject to Sharia law Islamic law based on the Koran) Islamic law; and 3.2.2 All locations within the territories of every political entity in which accessing, viewing, downloading, dissemination of, or other use of the sexual materials depicted on or available through the Website, such as User Content containing sexual depictions or content containing sexual depictions provided by the Company or by Company-Third-Party Content Providers, is prohibited by law or would otherwise constitute a violation of any regulation, rule or custom.

4. Affirmation That You Are An Adult And You Are Not In A Prohibited Area. [Please insert link and remove this instruction]. YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE CURRENTLY OVER THE AGE OF 18 YEARS (21 YEARS IN PLACES WHERE 18 YEARS IS NOT THE AGE OF MAJORITY), YOU ARE NOT LOCATED IN A PROHIBITED AREA [Please insert link and remove this instruction] AND YOU WILL NOT UPLOAD ANY CONTENT TO THE WEBSITE FROM ANY PROHIBITED AREA [Please insert link and remove this instruction].

5. Consequences Of Fraudulent Age Or Location Representation. You hereby acknowledge that You understand, and that You hereby agree, that any use of any of the User Content Publishing Services by a minor or by any person located in a PROHIBITED AREA [Please insert link and remove this instruction] constitutes the unauthorized accessing of the Company's computers and databases in excess of the authorization granted by the Company, and that such unauthorized access violates state, federal and foreign laws, including, without limitation, The Electronic Communications Privacy Act, 18 U.S.C. §§ 2701-2710, The Computer Fraud and Abuse Act, 18 U.S.C. § 1030 and The California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code §502 and such unauthorized access would also constitute trespass to chattels and Your breach of this Publishing Agreement. You further acknowledge that You understand that any such unauthorized access of the Website on the Company's computers could subject You to potential criminal prosecution and substantial civil liability.

6. Grant Of Limited License. In consideration of Your acknowledgements, representations, warranties and promises set forth in this Publishing Agreement, including Your affirmation that You are an adult and You will not upload any User Content to the Website from a PROHIBITED AREA [Please insert link and remove this instruction], and subject to the terms of this Publishing Agreement, the Company hereby grants You a limited and revocable single user license to access its computer servers to upload User Content to the Website to enable Your publication of such User Content via the User Content Publishing Services.

7. Termination of Your License To Use User Content Publishing Services. You acknowledge and agree that We may, in our sole discretion, terminate or suspend Your use of the User Content Publishing Services and Your use of any or all other parts of the Website, at any time, with or without notice, for any reason, including, without limitation, breach of this Publisher Agreement or any other agreement with the Company. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, and any infringement of any person or entity's rights, including their intellectual property rights, such as their copyrights, shall be grounds for termination of Your use of the User Content Publishing Services and termination of authorized access to all or parts of the Website. You hereby acknowledge and agree that any activity by or in association with You that the Company considers to be potentially illegal may be referred to appropriate law enforcement agencies and You agree that You will not bring any claim of any kind against the Company for doing so.

8. Acknowledgement That You Have Read And Understand The Copyright Policy, Infringement Notification, Take Down and Restoration Procedures. You hereby acknowledge that You have read the Company's The Copyright Policy, Infringement Notification, Take Down and Restoration Procedures [Please insert link to the Copyright Policy, Infringement Notification, Take Down and Restoration Procedures and remove this instruction.] page available at [Please insert the URL at which tithe The Copyright Policy, Infringement Notification, Take Down and Restoration Procedures is located and remove this instruction.]. You hereby agree to be bound by all terms of the aforesaid policy and understand that if You repeatedly post User Content that is alleged to be infringing that You may, at the Company's discretion, be barred from using the User Content Publishing Service, other services provided by the Company and authorized access to the Website.

9. Important Access And Use Restrictions Regarding The User Content Publishing Services.

9.1 Use In Accordance With Company Terms. You acknowledge and agree that You may only use the User Content Publishing Services in accordance with the terms, conditions and other restrictions set forth in this Publishing Agreement and such other terms, conditions and restrictions that are set forth on the Website or otherwise associated with the User Content or the User Content Publishing Services.

9.2 Use Subject To Revision Or Modification Of This Publishing Agreement. You also agree that Your use of the User Content Publishing Services shall at all times be subject to all revisions and modifications of this Publishing Agreement posted on the Website and that it shall be Your sole obligation to check for modifications and revisions to this Publishing Agreement.

9.3 No Unlawful Or Infringing Use Of The User Content Publishing Services. You agree that You will not use the User Content Publishing Services in any manner that violates any law or regulation or infringes or violates any right, including, without limitation, any intellectual property or other property right, or any privacy right of any person or entity. Without limiting the forgoing, You agree that all of the following are prohibited uses of the User Content Publishing Services:

9.3.1 You shall not use the User Content Publishing Services to duplicate, perform, distribute, create derivative works of, or otherwise use any User Content or any other materials for which You do not own all necessary and appropriate rights to do so. You acknowledge that any and all unauthorized uses of the User Content Publishing Services Website or User Content associated with the Website may constitute copyright infringement and infringement of other intellectual property rights, and may subject You to other serious civil and criminal liability.

9.3.2 You shall not use the User Content Publishing Services or any other services provided by the Company or its affiliates in any manner that infringes any copyright, trademark, trade secret, misappropriates any person's rights in their name, likeness, voice or other rights of publicity.

9.3.5 You agree not to misrepresent the ownership, source or character of any User Content or any other materials or information You provide to Company.

9.3.4 You agree not to use any false or deceptive trade practices, unauthorized or unsolicited advertising, or any unpermissioned transmission of e-mail in association with Your use of the User Content Publishing Services or any other services provided by the Company. You further agree not to use the User Content Publishing Services or any other services provided by the Company in any manner to harvest or collect information from any person or entity.

9.3.5 You agree You will not access, otherwise use or attempt to access or otherwise use any service provided by the Company, including the User Content Publishing Services, or any parts thereof, in any manner that bypasses any restrictive measures the Company implements to prevent or restrict access to such services or any parts thereof.

9.3.6 You agree not to engage in any activity or any use of the User Content Publishing Services or any other services provided by the Company that interferes, in any manner, with the functioning of the User Content Publishing Services, the Website or any other service or products provided by the Company, or that places, or results in, an unreasonable or disproportionately large load being placed on the Company's servers or other resources. You also agree not to engage in any activity that interferes with any other User's use or enjoyment of the Website, any materials available in, at, on or in association with, the Website, or any service provided by the Company on, in, at or through the Website, including, without limitation the User Content Publishing Services.

9.3.7 You agree not to remove or attempt to remove any notices or labels (including any copyright or trademark notices or any federal compliance statements) associated with, or incorporated into, any User Content or any other content displayed, posted or provided to the Website by any means, including, without limitation, the use of the User Content Publishing Services or any other service provided by the Company.

9.3.8 You agree not to use any automated means to use the User Content Publishing Services or otherwise upload any User Content or any other materials, information or computer code to any part of the Website.

9.3.9 You agree that You will not create any hyperlinks to any password-protected parts of the Website or any materials in, on, at or associated with the Website in, on or otherwise associated with the Website unless You are authorized by the Company to do so.

9.3.10 You acknowledge and agree that You may only use the User Content Publishing Services and other services provided by the Company as intended by the Company and that all other uses by You, directly or indirectly, are strictly prohibited.

9.4 Other Duties, Obligations, Rules, Conditions And Warranties Regarding Your Use Of User Content Publishing Services.

9.4.1 You shall, at all times, be solely responsible for any and all User Content and other digitized materials and files You upload to the Company's servers. Subject to the terms of this agreement, including the grant of rights by You to the Company regarding the User Content set forth in Paragaphs 9.4.7 and 9.4.8 below, You and the Company shall at all times each party retain any and all pre-existing right, title and interest in and to its property, including its intellectual property, including, without limitation, any and all copyrights, trademarks and trade secrets, including all such property embodied or incorporated into the Website or the services provided by the Company. You and the Company expressly acknowledge and agree that You shall continue to own Your rights in and to the User Content subject to the grant of rights set forth in Paragraphs 9.4.7 and 9.4.8 and that this Publishing Agreement shall not be construed to otherwise transfer any rights regarding the User Content to the Company or transfer in law or in equity, directly, indirectly, by estopple, implication or otherwise, any rights of ownership or other rights to You regarding the Website, the Company's User Content Publishing Services, any other service or product created or used in any manner by the Company or any other Website user's content.

9.4.2 You agree and warrant that all User Content, including, without limitation, all digitized photographs, videos, audiovisual materials, text and other digital files that You upload or otherwise publish in, on, at, through, or in association with, the Website or any service provided by the Company, including, without limitation the User Content Publishing Services, shall at all times be fully compliant with this Publishing Agreement and all other relevant instructions and notices published by the Company relating thereto.

9.4.3 You agree and warrant that all User Content uploaded to or otherwise published on or in association with the Website, including through the use of the User Content Publishing Services, shall be fully compliant with all laws and regulations, including, without limitation, 18 U.S.C. §2257 and §2257A, and 28 CFR 75 ("The 2257 Regulations"). You expressly agree that each item of User Content You publish using the User Content Publishing Services that is subject to 18 U.S.C. §2257 or 18 U.S.C. §2257A shall have a proper and accurate compliance statement associated with the item uploaded to the Website or otherwise transmitted to the Company as required by The 2257 Regulations and that You shall simultaneously provide to the Company a copy of proper identification documents and other information associated with the item as appropriate to enable Company to update its record-keeping system(s) as required by the record-keeping provisions of The 2257 Regulations. You further expressly warrant that all persons depicted in User Content were adults over the age of 18 years at the time the subject materials were created.

9.4.4 You agree that all User Content provided for publication using the User Content Publishing Services, or by any other service provided by the Company, shall not violate any person's or entity's rights, including any copyrights, trademark rights, rights associated with any person's name, likeness, voice or persona, any trade secret rights, patent rights or any other intellectual property rights or privacy rights if User Content is published in, on, at, through, or otherwise associated with the Website, or otherwise used as contemplated by this Publishing Agreement. You expressly agree that You will not upload any User Content or otherwise use any User Content in association with the User Content Publishing Services, or any other service provided by the Company that includes any trademarks or brands unless You have written permission to publish User Content through such service(s) from the owners of rights in such trademarks and brands with such trademarks and brands included.

9.4.5 You expressly represent and warrant that You own or You have all the necessary licenses, rights, consents, and permissions to upload User Content to, and publish User Content through the User Content Publishing Services on, through and in association with the Website, including, without limitation, all necessary copyrights, trademark rights, rights of name, likeness and publicity, and all other proprietary rights in and to User Content required to lawfully and rightfully upload User Content to, and publish User Content in, on, at, though, or associate it with, the Website in any manner made available to You via the Website by the Company contemplated by this Publishing Agreement. You further expressly warrant that You have, or will have at the time of publication of the subject item of User Content, all the necessary rights to grant the licenses set forth in subparagraphs 9.4.7 and 9.4.8 below

9.4.6 You shall be solely responsible for all the consequences of, and solely liable for, any and all uploading of User Content to and the publishing of User Content on, the Website through the use of the User Content Publishing Services or any other service made available to You by the Company, and You agree to fully indemnify the Company, its officers, directors, shareholders and agents for each breach of warranty regarding User Content and the reproduction, publication, creations of derivative works of, and other uses of User Content on, or in association with, the Website.

9.4.7 By uploading User Content to the Website through the use of the User Content Publishing Services or by otherwise providing User Content to the Company for publication on, in, at, via, or in association with, the Website, You hereby agree that by doing so You shall simultaneously be providing a grant right of rights to the Company and its successors in the form of an irrevocable and perpetual worldwide, non-exclusive, royalty-free, sublicensable and transferable license for the Company to reproduce, distribute, display, publish, perform and transmit User Content on, in, at, through or in association with, the Website, by any means and in any format now known or hereinafter invented. Such license shall include the right to format User Content for use via the Website. You hereby waive any and rights of attribution and all other moral rights in and to User Content that You upload to the Website or otherwise submit or provide to the Company for publication on, in, at, through or otherwise in association with the Website.

9.4.8 By uploading User Content to the Website through the use of User Content Publishing Services or by otherwise providing User Content to the Company for publication on, in, at, via, or in association with, the Website, You hereby agree that by doing so You shall simultaneously be providing a grant of rights to each user of the Website and to each recipient of services from the Company in the form of a non-exclusive irrevocable and perpetual worldwide license to access and use User Content in, at, on, through and in association with, the Website, and via any and all Services provided to Users by the Company.

9.4.9 If You would like any of the User Content to be removed from the Website please provide the Company or its designated agent with a User Content Removal Request [Please insert link to User Content Removal Request form URL and remove this instruction.] available at [Please insert User Content Removal Request form URL and remove this instruction.]. The Company will use commercially reasonable efforts to remove identified User Content subject to a properly completed User Content Removal Request received by the Company or its designated agent within three business days after receipt, but, You acknowledge and agree that the Company shall have no liability for failure to remove such User Content for any reason. You acknowledge and expressly agree that the Company and its agents have limited practical ability to police, monitor, control, limit or prevent actual or possible infringement of User Content or any other intellectual property rights by other parties and that the Company and its successors and assigns, as well as its agents assume no responsibility for any such policing, monitoring, control, limitation or prevention of infringement of any such intellectual property rights and shall have no liability for any such actual or possible infringement whatsoever. The Company shall at no time have any responsibility, duty or obligation to, in any manner, enforce any of Your intellectual property rights or the intellectual property rights of any other user of any service provided by the Company. Further, unless obligated by United States law to do so, the Company shall at no time have any obligation or duty to take any action, including, without limitation, file any lawsuit or inform any governmental authority regarding any infringement of any of Your's or any other person's or entity's rights of any kind.

9.4.10 You agree not to upload to the Company's server(s) or otherwise use in relation to the User Content Publishing Services, any User Content or other materials of any kind that contains any malicious or damaging code or software, any viruses or any other devices that are designed or intended to disrupt, damage, limit or interfere with the proper functioning of any software, hardware, or telecommunications equipment or to obtain unauthorized access to any computer, server, digital storage device, or database owned or controlled by the Company, any User, or any other party.

9.4.11 You agree not to directly or indirectly engage in any activity in association with Your use of the User Content Publishing Services Website or any other service provided by the Company that impersonates, or falsely indicates an affiliation with, any person or entity, or any trademarks or brand, including, without limitation, any false affiliation with the Company or any employee or agent of the Company.

9.4.12 You agree not to use the User Content Publishing Services, the Website, any User Content or any other service provided by the Company to advertise, promote, market or make or publish any offer to buy or sell, or otherwise engage in any transaction relating to any controlled substances, illegal products or prohibited activities, including, without limitation, any pharmaceutical products, tobacco products, alcoholic products, firearms, explosives, weapons, online gambling, prostitution, counterfeit or stolen articles, registered or unregistered securities or any other products or activities that could cause the Company or any User to directly or indirectly be implicated in the violation of any law or regulation.

9.4.13 You expressly acknowledge and agree that the Company does not endorse, warrant, guarantee, support or promote any User Content and shall, at no time, have any obligation to monitor Your use of the User Content Publishing Services or any User Content that has been uploaded to the Website or otherwise provided to the Company for publication on, in, at or in association with, the Website or Services. Notwithstanding the foregoing, the Company and its agents shall at all times reserve the right to remove or block any and all materials in, on, or associated with the Website, including, without limitation, User Content, without notice to You or to any other person. You hereby expressly promise and warrant that You shall not bring any claim of any kind against the Company or any of its agents for, or arising from, the blocking of access to any User Content or other materials You may submit to the Website for publication, or for any removal thereof from the Website.

9.4.14 You hereby acknowledge that the Company may provide to You, in association with Your use of the User Content Publishing Service, options regarding the management, presentation, modification, distribution, and authorized access to User Content in whole or in part. You hereby acknowledge and agree that (1) the Company may at any time at its discretion, add, remove or modify any and all such features, (2) the providing of such features shall not be construed as providing any control to the Company over the content of the User Content and (3) regarding any use of such options by You, Your last selection transmitted to the Company's server or other computer system effectuating such options shall be deemed to be Your choice and shall conclusively and indisputably be the choice, if there is any question of what Your choice was for the purposes of resolution of any dispute or any action by any governmental agency.

9.4.15 Additional Warranties By You.

9.4.15.1 Warranty By Corporation Or Other Entity. If You are a corporation, limited liability company, trust, partnership, sole proprietorship, governmental entity, or other non-human legal entity, You expressly represent and warrant that at the time of Your acceptance and agreement to all the terms of this Publishing Agreement and at all subsequent times: (i) You are duly organized and validly existing and in good standing under the laws of the governmental entity to which Your entity is subject; (ii) You have full corporate or other legal power and authority to enter into this Publishing Agreement and to perform all the duties and obligations set forth herein; (iii) the person accepting this Agreement on behalf of You is duly authorized to execute and deliver this Publishing Agreement on behalf of You; (iv) all the terms, conditions, obligations, warranties, and other provisions of this Publishing Agreement are valid, legal, binding and enforceable in accordance with their terms and fair; and (v) neither Your execution, delivery nor performance of this Publishing Agreement conflicts with any obligation, agreement, instrument, or understanding, oral or written, to which You are a party or by which You may be bound, or violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over You.

9.4.15.2 You Warrant That Your Use Of User Content Publishing Service Will Not Be Infringing or Unlawful Use. You represent and warrant that You either own or otherwise possess, or have incontestably obtained all the rights, licenses, permissions, and consent as are required and necessary to perform Your obligations hereunder without violating any rights of any person or entity or violate any law, regulation, rule or custom in any jurisdiction into which the User Content may reasonably be available in, at, through or in association with, the Website, through the use of the User Content Publishing Service, any other service provided by the Company or otherwise. You further represent and warrant that You have paid all expenses, fees, taxes, licenses and other payments, including music rights organizations fees, required to be paid to all third parties in relation to the publishing, performance, distribution and other use of User Content in, on, through and in association with the Website, through the use of the User Content Publishing Services or otherwise. You expressly warrant that Your use of the User Content Publishing Services or any other service provided by the Company shall at no time result in any obligation of or to the Company to pay any person or entity on Your behalf or otherwise due to the publication of User Content on, in, at or in association with the Website directly or indirectly resulting from Your use of the User Content Publishing Services or any other service provided to You or Your agent(s) by the Company or the Company's agents.

9.4.15.2 Your Additional Representations And Warranties About The User Content. You specifically represent and warrant that all User Content and all other information and other materials You make available to others via the Website in any manner, including through the use of the User Content Publishing Services or any other service provided by the Company or its agents, does not, and shall not, infringe or misappropriate any rights of any person or entity, constitute child pornography or otherwise be in violation of any law, rule, regulation, or custom any jurisdiction into which the User Content may reasonably be available in, at, through or in association with, the Website.

10. Indemnification For Unauthorized Use Of User Content, Website Or Other Proprietary Materials. You agree to be personally liable for ANY AND ALL breaches of any provision of this Publishing Agreement, including any breach of warranty made by You. You also agree to fully indemnify the Company and the Company's directors, officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns for any and all damages directly, indirectly and/or consequentially resulting from any and all breaches of this Publishing Agreement by You, including, without limitation, all direct and consequential damages directly or indirectly resulting from such breaches, including, without limitation, attorney's fees and all litigation, dispute resolution and criminal defense costs, regardless of the type of cost or claim, including, without limitation, all damages, fees, expenses and costs resulting from claims of copyright infringement, trademark infringement, patent infringement, misappropriation of name, likeness, voice or persona, claims of violation of other property rights, claims of violation of privacy rights, claims of breaches of contract and allegations of violations of civil or criminal law under the jurisdiction of any country in which the Website might reasonably be transmitted, available, accessed or received.

11. You Are Solely Responsible For All User Content And Other Materials You Make Available To Others Through Your Use Of The User Content Publishing System Or Other Use Of The Website

11.1 You acknowledge and agree that You shall at all times be solely responsible for the content of the User Content, messages and all other materials You upload to, or otherwise make available to others via the Website by any means, including, without limitation through the use of the User Content Publishing Services. Your responsibility shall not terminate, and shall continue, even if a claim should arise relating thereto after termination of service.

11.2 You acknowledge and agree that You, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which You submit, publish, display, disseminate or otherwise communicate through the Website even if a claim for damages or liability should arise after termination of service.

11.3 Although we do not assume the duty or obligation to monitor any messages or other materials posted or uploaded to the Website by third parties, including You, we reserve the right but not the obligation, in our sole and absolute discretion, to monitor any and all materials posted or uploaded to the Website by third parties, including You, at any time without prior notice to ensure that they conform to any content guidelines or policies of the Website which may be applicable from time to time.

11.4 Although we do not assume the duty or obligation to monitor any messages, advertisements or other materials posted or uploaded to the Website by third parties, including You, and are not responsible for any content of these materials, we reserve the right, in our sole and absolute discretion, but are not obligated, to delete, move, or edit messages or materials, including without limitation advertisements and public postings, without notice, that we, in our sole discretion, deem to violate the Website Code of Conduct [Please provide link to the Code of Conduct Section (Section 13) of the of the Website Terms of Use and Access Agreement and remove this instruction] or any applicable content guidelines adopted from time to time by the Company.

12. No Representation, Guarantee Or Warranty That The User Content Publishing Services Are Free Of Harmful Or Malicious Code. You understand that the Company does not represent, guarantee or warrant that either the any files You may access in association with the use of the User Content Publishing Services, or otherwise available at, in or through the Website, any Website linked to Website or any affiliated website, will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties ("Harmful Code"). You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, protection of Your computer(s) and for maintaining a means of reconstructing data that You might lose because of Harmful Code. Neither the Company nor its affiliates assume any responsibility or risk associated with the possibility of damage to Your computer(s) or any other devices through Your use of the User Content Publishing Services, the Website or any content or other materials You may obtain in direct or indirect association therewith.

13. Disclaimers; No Warranties; Your Use Of The User Content Publishing Services Is At Your Own Risk. You hereby agree that the use of the User Content Publishing Services is provided to You on an "as is" basis, without warranties of any kind, including, without limitation, warranties regarding the availability, accuracy, or content of materials, information, product or services, or warranties of merchantability, fitness for a particular purpose, title or non-infringement, and that the Company expressly disclaims all such warranties. The Company does not warrant that the functions of the User Content Publishing Services will be uninterrupted or error-free, or that any discovered defects will be corrected. Under no circumstances and under no cause of action or legal theory, shall Company, Website affiliates, Website Content Providers or any of the Company's suppliers, licensees, resellers, affiliates or their suppliers, licensees or resellers be liable to You or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any viruses, worms, Trojan Horses or other destructive software or materials, or communications by You or other users of the Website, or from any use of materials in, on, at or associated with the Website or any use of the Website whatsoever, including, without limitation, any use of the User Content Publishing Services. This disclaimer of warranty constitutes an essential part of this Publishing Agreement. Some states do not allow exclusions of an implied warranty, so if for any reasons the choice of law provisions of this Publishing Agreement are deemed not to apply to this Paragraph, this disclaimer may not apply to You and You may have other legal rights that vary from state to state or by jurisdiction. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Publishing Agreement should apply to You, You acknowledge and agree that it is the express intent of the parties hereto that the limitations of liability set forth in this paragraph and elsewhere in this Publishing Agreement shall be construed to be as broad as is permissible under applicable law.

14. Limit Of Company's Liability. Notwithstanding the limitations of liability above, You also agree that as a material condition to Your obtaining the license to use the User Content Publishing Services, You agree that any and all liability that might be attributable to the Company, its officers, employees, independent contractors, advertisers, affiliates, suppliers, agents and attorneys, and their successors and assigns that directly or indirectly results from Your use of the User Content Publishing Services, including, without limitation, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, negligence or under any other cause or action, shall be strictly limited to the lesser amount of (1) the license fee paid by You for accessing any fee-based Services provided by the Company or (2) fifty dollars ($50.00). Some states do not allow the limitation or exclusion of liability for incidental or consequential damages. Regardless of whether such limitation or other limitation of the scope of this limitation of liability or other limitation of liability set forth in this Publishing Agreement should apply to You, You acknowledge and agree that it is the express intent of the parties hereto that the limitations of liability set forth in this paragraph and elsewhere in this Publishing Agreement shall be construed to be as broad as is permissible under applicable law

15. Waiver of Section 1542. With respect to the releases of liability set forth in this Publishing Agreement, You hereby acknowledge that You have been advised by Your independent counsel or You otherwise understand the consequences of entering into the general release and discharge of all known and unknown Claims as set forth in this Publishing Agreement, and that You are familiar with the provisions of Section 1542 of the California Code, which currently provides that:

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.

You hereby expressly waive any and all rights under Section 1542 and under any other federal or state statutes or laws of similar effect. Notwithstanding the foregoing, however, nothing herein shall be construed or operate to limit any obligation, duty, warranty or other responsibility set forth in this Publishing Agreement, in any way.

16. Cooperation With Law Enforcement. The Company, Website affiliates and all Website Content Providers independently reserve the right to fully cooperate with any and all law enforcement authorities and court orders requesting or directing Company, Website Affiliates and/or Website Content Providers to disclose the identity or other information regarding any person who is using or has used the Website or has obtained any User Content available through or in association with Website. By entering into this Publishing Agreement or by using the User Content Publishing Services, You waive and hold harmless Company, Website affiliates, Website Content Providers and the operators of Website from any and all claims resulting from any and all actions taken by any of the foregoing during, or as a result of any law enforcement authority's investigations.

17. Notices To Company Or User Notices from the Website to authorized Users may be given by means of electronic messages or by general posting on the Website. Communications from You to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Publishing Agreement. All questions, complaints, and notices to Company by means of electronic mail must be sent to Customer Service at [Please insert email address and remove this instruction].

18. Intellectual Property Policy And Alleged Copyright Infringement Notification Procedure. It is the policy of WeCanHookup to respect and support the intellectual property rights of Content providers. Please review our Copyright Policy, Infringement Notification, Take Down and Restoration Procedures [Please link to Copyright Policy, Infringement Notification, Take Down and Restoration Procedures and remove this instruction] which is incorporated herein by reference.

19. Entire Agreement. This Publishing Agreement, including other agreements incorporated by reference, contains the entire agreement between You and the Company regarding Your access to, and use of, the User Content Publishing Services. This Publishing Agreement supersedes all prior written and oral understandings, writings and representations, including those, if any, made by any third party or other person. This Publishing Agreement may be amended at any time by the Company by updating the online version of this Publishing Agreement on the WeCanHookup Website or at [Please insert URL and remove this instruction].

20. Dispute Resolutions; Choice Of Law; Arbitration; Venue And Jurisdiction. You agree that this Publishing Agreement and all disputes or controversies of any kind arising under, or related to the materials, services, features or functions available in, at, through or in association with, or in any way relating to, the Website, any content, materials or services provided by any Website Content Providers or affiliates and/or this Publishing Agreement, shall all be governed by and construed under the laws of the State of California and the United States, as applied to agreements between California state residents entered into and to be performed within the State of California, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

20.1 Choice of Law. You further agree that notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Publishing Agreement and all matters or controversies of any kind arising out of, or related to this Publishing Agreement or the rights or liabilities of the parties hereto shall be governed solely by the substantive statutory and common law of the state of California.

20. 2 Arbitration. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation or liability arising under or related to this Publishing Agreement which are not first resolved informally, shall be determined by confidential binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of California and the United States. Notwithstanding the foregoing, any and all disputes, which the parties cannot informally resolve, regarding the scope of issues or matter within the jurisdiction of the arbitrator, shall be resolved by a separate dispute resolution process whereby the Company in the Company's sole discretion shall elect the dispute to be resolved by either (1) a municipal or superior court of competent jurisdiction in Los Angeles, California or (2) a panel of three (3) new arbitrators. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorneys fees, expenses and costs incurred in connection with the litigation.

20.3 Venue. You and the Company hereby agree that the venue for all legal disputes, controversies, actions of any kind arising under or related to this Publishing Agreement shall be Los Angeles, California.

20.4 Jurisdiction. You and Company agree that in case of any litigation regarding this Publishing Agreement, the venue for such litigaŽtion shall be, depending on the subject matter of the dispute, either the MuniciŽpal Court of Los Angeles, California, the Superior Court of the County of Los Angeles or the United States District Court for the Central District of California, Western Division. You hereby consent and stipulate to the jurisdicŽtion of the Courts of the State of California and the United States District Court, Central District of California, Western Division.

20.5 Time Limitation. You and We expressly agree that any cause of action arising out of or otherwise related to this Publishing Agreement must commence within one (1) year after the cause of action accrues.

21. Unenforceability Of Provisions. You and Company agree that if any provision of this Publishing Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and all other portions of this Publishing Agreement shall remain in full force and effect (i.e., if any part of this Publishing Agreement is unlawful, void or otherwise unenforceable, only that part will be deemed severable and, such severance will not affect the validity and enforceability of any and all the remaining provisions).

22. Non-Waiver. You acknowledge and agree that the failure of the Company, its successors or assignees to enforce any of the specific proviŽsions of this Publishing Agreement shall not comprise a waiver of, or preclude or prevent any later, further or other enforceŽment of such provision(s), or any other provision(s), or waive, preclude, prevent or diminish the exercise of any other right hereunder.

23. Affirmation Of Publishing Agreement; Acknowledge You Have Read This Entire Publishing Agreement. By clicking on a link intended to signify Your agreement to this Publishing Agreement, for example, by clicking the acceptance button, by continuing to access the Website and/or any service or other functionality available in, on, at or through the Website available at, in or through the Website, or by obtaining materials in, on, at or associated with the Website from any Website Content Providers, You agree that You are acknowledging and affirming that You have read this entire Publishing Agreement and that You agree to all its terms, conditions, warranties and other provisions. You further agree that Your acknowledgment and agreement to the entirety of this Publishing Agreement is reaffirmed by any use of Your credit card for payment of charges for any fee-based Services provided by the Company and each time You access any restricted part of the Website.

24. Mutually Drafted; Negotiation Option; Paragraph Headings. For purposes of construction and interpretation of this Publishing Agreement, both You and the Company shall be deemed to have mutually drafted this Publishing Agreement and all parts thereof. If You would like to negotiate other terms or otherwise modify this Publishing Agreement before providing Your assent and agreement, please contact the Company at [Please insert contact information, such as a email or postal address and remove this note.]. You hereby acknowledge and agree that this is not a contract of adhesion and that as a material inducement for Company to provide a license to You to use the Website You hereby agree that You shall not make any claim or support any action on the claim that this Publishing Agreement constitutes a contract of adhesion or is unconscionable in any way. This is a legal contract. Like all legal contracts, You are advised to procure appropriate legal advice before entering into this agreement. You acknowledge and agree that Company did not require You to enter into this Publishing Agreement without having sufficient time and opportunity to consult with an attorney. You hereby further acknowledge that You have either consulted with an attorney prior to agreeing to the provisions of this Publishing Agreement or You expressly and knowingly have opted not to seek legal counsel prior to Your full agreement hereto. Paragraph and subparagraph headings of this Publishing Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof

[Important Notes: The following response options should be hyperlinks, the response to which should be recorded (date, time, URL) and correlated to the responding person's membership and payment data. Also, it is advisable that this Publishing Agreement be executed by a valid electronic signature that is valid and enforceable under the E-Sign Act. Please contact me if You wish to implement this option.]

I HEREBY AFFIRM THAT I AM AN ADULT AND THAT I AGREE AND ACCEPT ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT