ACCEPTANCE OF TERMS

BY USING THE FURL SERVICE (THE "SERVICE"), YOU REPRESENT AND WARRANT THAT YOU ARE 13 YEARS OF AGE OR OLDER AND THAT YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. Furl and its parent company LookSmart, Ltd. (hereafter referred to as "Furl") reserve the right to update or alter these Terms of Service at any time with or without notice. We encourage you to review periodically the most current version of these Terms of Service. Choosing to continue to use the Service after the posting of changes to these Terms of Service (or the Privacy Policy) will mean that you accept those changes. You also acknowledge that when using the Service, you shall be subject to any posted guidelines or rules, including new guidelines or rules that may be posted periodically. All such guidelines or rules are hereby incorporated into these Terms of Service. If you do not agree to these Terms of Service, please do not use the Service.

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ACCESSING THE SERVICE

Furl grants you a limited license to make noncommercial, personal, and private use only of the Service. Such license does not include, without limitation: (a) any reproduction, duplication, resale or commercial use of the Service or content therein; or (b) making derivative uses of the Service or content stored therein. You are not granted any rights or licenses except as expressly provided herein in or under any proprietary right of Furl or any third party.

Some portions of the Service may require that users obtain, or obtain access to, software, hardware, or other services which are not provided by Furl. Furl is not responsible for any products or services obtained or attempted to be obtained by users.

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USER REGISTRATION OBLIGATIONS

You agree that any and all information provided during the registration process ("Registration Data") is true, accurate, up to date and complete. You also agree to update and maintain Registration Data so that it is true, accurate, up-to-date and complete. Furl reserves the right to suspend or terminate your account, in whole or in part, or prohibit your further use of the Service, at any time.

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MEMBER ACCOUNT, PASSWORD, AND SECURITY

Upon completing the registration process you will receive a password and account ID. You and you alone are solely responsible for maintaining the confidentiality of your password and information associated with your account that you desire to remain confidential. You also agree that you are responsible for any and all activities that may take place, or occur under your password and account. You further agree to notify Furl in the event your password or account has been used without the proper authorization or there are other breaches of security of which you become aware. You also agree to exit from your account at the end of each session with the Service. Furl will not be responsible or liable for any loss or damage incurred, or later arising from your failure to comply with this section. Furl prohibits the sale or transfer of control of any Furl account by the registered account holder to any other individual or party.

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FURL PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy. Please see our full privacy policy by clicking on the "Privacy Policy" link in the footer of any page of the site. You acknowledge and agree that Furl may preserve Content you Upload beyond the termination of your account. You also agree Furl may disclose Content or other personal information in accordance with the Privacy Policy.

CODE OF USER CONDUCT

The Service allows you to upload, archive, post, publish, email or otherwise transmit ("Upload") web pages, information, data, text, code, software, music, sound, photographs, graphics, video, messages or other materials ("Content"). You, and not Furl, are responsible for all Content that you Upload to the Service, including without limitation Content you Upload to Furl public archives, blogs, message boards, website profiles, search results, categories, and other parts of the Service.

The Service is for your personal, private use only and is not intended for any commercial or public use. You agree NOT to use the Service (and it shall be a violation of these Terms of Service) to: (i) Upload any Content in violation of any third party's rights to that Content; (ii) Upload any Content that is harmful, hateful, harassing, threatening, or abusive; that would violate another's rights or constitute or encourage a criminal offense; or that would otherwise violate any local, state, national or international law; (iii) Upload any Content or allow any Content to remain in your archives in a manner that exceeds the scope of your rights to use such Content (e.g. license rights associated with premium content or subscription-based materials) or which you do not have a right to Upload from the Content owner; (iv) Upload any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (v) Upload any Content that contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or perform functions on any computer without the computer owner's express consent; (vi) impersonate any person or entity, including, but not limited to, a Furl official or Furl staff member; (vii) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (viii) violate any applicable local, state, national, or international laws; (ix) harass or "stalk" another individual; or (x) collect or store personal data about other users, (xi) artificially generate traffic or page links to a web site or for any other purpose not intended for personal, noncommercial use, or (xii) authorize, aid, or encourage anyone to do anything in violation of this Terms of Service.

In using the Service, you may access Content that is Uploaded to Furl by other users, such as information in Furl public archives, blogs, message boards, website profiles, search results, categories, and other parts of the Service. You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. Uploaded Content is the sole responsibility of the person who Uploaded it. Furl does not make any representations or warranties about the accuracy, integrity, quality or any other aspect of such Content and disclaims all liability for such Content for any loss or damage incurred as a result of the use of such Content. By using the Service, you agree to bear all risks associated with the use of any Content on the Service and any reliance on the accuracy, completeness, or usefulness of such Content.

Furl does not pre-screen, edit or review any Content Uploaded to Furl archives or publicly available areas of the Service. Furl has the right (but not the obligation) in its sole discretion, to remove, move, change from public to private, or otherwise restrict any Uploaded Content at any time, with or without notice.

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LICENSE

With regard to Content you Upload for inclusion in any publicly accessible areas of the Service, you hereby grant Furl the worldwide, royalty-free, perpetual, irrevocable, and non-exclusive license to use, reproduce, modify, translate, display, create derivative works from, and publish such Content on or in connection with the Service. It is your responsibility to ensure that Content not meant for public display is marked as private. You can mark Content as private by clicking the "Private" check box when archiving Content. You acknowledge that Furl in its sole discretion may choose not to display any Content you Upload in publicly accessible areas. All information in the Member Profile other than email address and password is publicly visible unless otherwise noted. If you do not want such information publicly visible, then do not post such information to your Member Profile. Your member name, however, is always publicly visible.

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SUGGESTIONS

Furl does not accept or consider creative content, materials, ideas or suggestions, unless specifically requested. We hope that you understand and will abide by this policy to avoid any misunderstandings in the event projects developed by Furl might seem similar to your suggestions, submission or other creative work.

If you send us creative suggestions, ideas, concepts or any other information (collectively, the "Information"), that Information will become sole property of Furl. By submitting Information to Furl, you agree that Furl will own all now known (pre-existing) or hereafter existing rights to the Information. Furl will not be liable for any use or disclosure of such Information. Further, Furl shall have the unrestricted right to use the Information for any purpose, including commercial use, without compensating the provider of the Information.

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LIMITATIONS OF SERVICE

You may Upload up to 5 gigabytes of Content in your public archive. Private archive storage space is also subject to limits, which may be adjusted from time to time, with or without prior notice. If changes to the public or private archive storage limit require that you remove some items, Furl will provide you with ten (10) days notice so that you can, if you wish, download items from your archives.

Furl also limits other aspects of its Service. Furl reserves the right to suspend temporarily or permanently a member's use of all or portions of the Service if the member reaches any internal limits, whether they be per event, day or lifetime. To limit the potential for system abuses, Furl does not publish the specific values of its system limits. If you are concerned about reaching these limits, please contact Furl at furl_questions@furl.net. Furl reserves the right to limit additional aspects of the Service not mentioned above with or without prior notice.

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INDEMNITY

You agree to indemnify and hold harmless Furl, its affiliates, officers, agents, partners, and employees from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to the Content you Upload, your use of the Service, your violation of these Terms of Service, or your violation of any rights of a third party.

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CHANGES TO SERVICE

You agree that Furl has the right at any time to modify or discontinue the Service, or any portion of the Service, with or without notice. You further agree that Furl will not be liable to you or any third party due to the modification, discontinuance, or temporary suspension of the Service.

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TERMINATION

Furl may terminate your account in whole or part, or remove or discard any Content you may have Uploaded at any time, for any reason, with or without notice.

Furl reserves the right to terminate your access to the Service at any time or deactivate and/or delete your account and all information in your account at any time, with or without notice. Further, you agree that Furl shall not be liable to you or any third party for any termination of your access to the Service or any loss or deletion of your Uploaded Content.

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ADVERTISERS ON FURL

You agree that any and all correspondence and business dealings between you and advertisers whose advertisements appear on the Service, are solely between you and such advertiser. Furl will not be liable for any loss or damage as a result of interactions or dealings with such advertisers, or for the content of any advertisements on the Service.

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LINKS

The Furl Service links to many other websites. You agree that Furl is not responsible for the availability of these sites, their content, operations, advertising, or products. You further agree that Furl will not be held responsible or liable, either directly or indirectly, for any damage or loss caused or alleged, in connection with the use of any such sites.

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FURL'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service uses and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized in these Terms of Service, you agree not to modify, sell, distribute or create derivative works based on the Service in whole or in part for any purpose whatsoever. You agree not to access the Service by any means other than through the interface that is provided by Furl for use in accessing the Service.

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FURL'S WEB SERVERS

Access to Furl's Web servers is restricted to non-accelerated browsers. Accelerated browsers, such as NetJet, NetSonic, MSIECrawler and Teleport-Pro, are strictly prohibited. If you are using a product that may be considered a web accelerator, please discontinue use of the Service. Furl reserves the right to ban all users who violate this provision.

In relation to Robots and crawlers, user(s) agree to the guidelines listed at http://www.robotstxt.org/. Robots ignoring these guidelines will be barred.

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DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FURL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. b. WITHOUT LIMITING THE FOREGOING, FURL MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
3. c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FURL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

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LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FURL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FURL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) FURL'S MODIFICATION OR TERMINATION OF THE SERVICE OR YOUR ACCOUNT, OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.

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EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

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NOTICES FROM FURL

From time to time, Furl may send notices to you via email or regular mail, or display notices or links to notices on the Service. We encourage you to read these notices and check for them on a regular basis, because these notices will apply to you and your account immediately upon posting, whether or not you actually review them.

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TRADEMARK INFORMATION

The following are all trademarks of Furl: Furl, the Furl logo, furl.net, www.furl.net, Furl It, Furlmates, Furl!, Furl!!, Your Personal Web, PeopleRank, FurlRank, and Your Online Storage Cabinet. The "look and feel" of the Service is also a Furl trademark. This includes Furl's color combinations, button shapes, layout, and all other graphical elements. Without Furl's prior permission, you agree not to display or use in any manner, the Furl trademarks.

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GENERAL

These Terms of Service constitute the entire agreement between you and Furl and govern your use of the Service. These Terms of Service supersede any prior agreements between you and Furl. These Terms of Service and the relationship between you and Furl are governed by the laws of the State of California without regard to its conflict of law provisions. You and Furl agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Furl to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. In the event any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. In addition, the other provisions of these Terms of Service remain in full force and effect. The section titles in these Terms of Service serve to present the information clearly and have no legal or contractual effect.

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