WeMeUs

V1.01, last modified on 11/06/08

These Terms of Service for WeMeUs Site, Software and Services (these "Terms of Service") together constitute a legal agreement between you (an individual, not an entity) and WeMeUs, Inc., a Delaware corporation, and its suppliers and its licensors (collectively "WeMeUs") with respect to the WeMeUs web site, www.wemeus.com, including all subpages under the Web site (collectively, the "Site"), WeMeUs software (together with all prior and subsequent versions, and all patches and updates thereto, the "Software"), the contact management and all other services provided to you directly or indirectly by WeMeUs on or through the Site or through the Software, including those services made available through APIs and services offered through third parties integrating WeMeUs functionality (collectively, all of these, including the WeMeUs Site, Software services and all other WeMeUs services are referred to as the "Services").

These Terms of Service apply to all versions of both the Services that are provided without fees or charges ("Free Services") and to the Services which require you to pay a fee for their use ("Premium Services"). By clicking the Register Now button or by otherwise using the Site, Software and/or Services (the "WeMeUs Suite"), you agree to be bound by these Terms of Service. If you do not agree to these terms of service, do not register or sign up for an account and do not use the Site, Software or Services. You agree that your use of the Site, Software or Services acknowledges that you have read these Terms of Service, understand them, and agree to be bound by these Terms of Service.

1. Description of Services

WeMeUs provides you with the capability of updating, maintaining, and accessing your address book and your information about your contacts by going to the Site and becoming a registered user of the Services (a "Member"). When you become a Member, WeMeUs will create your personal account which will contain certain basic account information such as your name, e-mail address, password, passwords to third party accounts that you update with your WeMeUs account, your WeMeUs address book and information about your contacts contained therein ("Your Contacts' Infomation").

You will be able to access your WeMeUs address book and Your Contacts' Information using any supported Web browser through the www.wemeus.com web site. Your WeMeUs address book and Your Contacts' Information is stored on WeMeUs's servers. Additional features may be added to the WeMeUs Suite and made available to you from time to time. You understand and agree that WeMeUs may provide updates, patches and/or new versions of the Software from time to time, with or without notice. You also understand and agree that the WeMeUs Suite may include advertisements and that these advertisements are necessary for WeMeUs to provide the Services.

2. Personal License

WeMeUs hereby grants you a non-exclusive, non-transferable license to use the Software and to use and to access the Site and Services subject to the terms and conditions in these Terms of Service. Under this license you may only use the Free Services for your personal and non-commercial use and you may only use one or more of the Premium Services for your personal and your commercial use.

3. Restrictions

a) You may not: (i) prepare derivative works based on the WeMeUs Suite; (ii) reproduce the WeMeUs Suite except as specifically provided in these Terms of Service; (iii) sell, assign, transfer, license, sublicense, publish, disclose, display, or otherwise make available the WeMeUs Suite or copies thereof in any form whatsoever to any third parties or use the WeMeUs Suite for any third party's data processing, computing, or other needs; (iv) modify, translate, reverse engineer, decompile, or disassemble the WeMeUs Suite, subject to applicable law to the contrary; or (v) remove any proprietary notices, labels, or other identifying marks on the Software. These Terms of Service shall not be interpreted as granting to you any license or right not expressly granted herein. This license is not a sale. All rights to the WeMeUs Suite not expressly granted herein are reserved by WeMeUs.
b) You agree that you shall only use the WeMeUs Suite in a manner that complies with all applicable laws and court orders in the jurisdictions in which you use the WeMeUs Offerings, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
c) You may not use the WeMeUs Suite to send unsolicited, promotional mass electronic email messages or notifications to one or more recipients or systems (known as "spamming"). Any promotional electronic messages, which are sent in an unsolicited manner to 10 or more recipients, or any series of unsolicited promotional electronic messages to a single user, will be considered as spamming. Spamming also includes (i) sending messages to recipients who do not know you or who are unlikely to recognize you as a known contact.
d) You may not use the WeMeUs Suite to upload, post, post links to, e-mail or otherwise transmit or make available: (i) any unsolicited or unauthorized advertising or promotional materials; or (ii) content which is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
e) You may not use the WeMeUs Suite if you are under the age of 13 or to solicit or collect any information from children under the age of 13.

4. Disclaimer of Warranties

You expressly understand and agree that your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. WeMeUs makes and you receive no warranties, express, implied, statutory, or otherwise, and WeMeUs specifically disclaims any implied warranties of merchantability, noninfringement and fitness for a particular purpose with respect to the WeMeUs Suite. WeMeUs does not warrant that the WeMeUs Suite will meet your requirements or that the WeMeUs Suite will be error free. This limitation or exclusion of warranties may be subject to exceptions in local jurisdictions.

5. WeMeUs's Right to Terminate or Modify Terms of Service and Services

WeMeUs may modify these Terms of Service upon notice to you at any time. These modifications may include, without limitation, charging for any features within the WeMeUs Suite. WeMeUs may provide notice to you of any such modification by e-mail or by publishing the changes on its Web site. In the event WeMeUs modifies these Terms of Service, you may terminate your use of the WeMeUs Suite. WeMeUs may also terminate your right to use the WeMeUs Offerings at any time for any reason. Without limiting the prior sentence, your right to use the WeMeUs Suite will automatically terminate if you fail to comply with any term or provision of these Terms of Service. No notice shall be required from WeMeUs to effect such an automatic termination. Upon any termination of your right to use the WeMeUs Suite, you shall immediately discontinue use of the WeMeUs Suite.

6. Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the WeMeUs website or service any materials that violate another party's intellectual property rights. When we receive Notification of Alleged Copyright Infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent at copyright@wemeus.com

7. Personal Information and Privacy

You are required to have a WeMeUs account to use the Services. Personal information you provide to WeMeUs is governed by WeMeUs's privacy policy (the "WeMeUs Privacy Policy"). You can view the terms of the WeMeUs Privacy Policy here. Your election to use the WeMeUs Offerings indicates your acceptance of the terms of the WeMeUs Privacy Policy, so please review it carefully. You are responsible for maintaining the confidentiality of Your Account Information. You are responsible for all activities that occur in your account and you agree to notify WeMeUs immediately of any unauthorized account use. WeMeUs is in no way responsible for any loss or damages that you may incur as a result of any unauthorized use of Your Account Information.

8. Title

Title, ownership, rights, and intellectual property rights in and to the WeMeUs Suite shall remain in WeMeUs. The WeMeUs Suite is protected by the patent, trademark and copyright laws of the United States and other countries, and by international patent, trademark and copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Services shall be retained by the applicable content owner and may be protected by applicable privacy, copyright or other laws.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall WeMeUs or its suppliers be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever or for damages for loss of business profits, business interruption, computer failure, loss of business information, or other pecuniary loss arising out of these Terms of Service or the use of or inability to use the WeMeUs Offerings, even if WeMeUs has been advised of the possibility of such damages. Your sole and exclusive remedy for any dispute with WeMeUs related to these Terms of Service or the WeMeUs Suite shall be cancellation of the License and termination of use of the services. In the event a court awards direct damages despite the foregoing, such damages shall not exceed the lesser of $10.00 or the amount you Paid for the Software and Services. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

10. Indemnification

You agree to hold harmless, indemnify and defend WeMeUs, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims that you have (i) used the WeMeUs Suite in violation of another party's rights or in violation of any law, or (ii) violated these Terms of Service.

11. Export Restrictions

You cannot export or re-export the Software in any form without the appropriate United States and foreign government licenses. You will not, directly or indirectly, export or transfer the Software to any country to which transmission is prohibited by applicable statute. Your failure to comply with this provision is a material breach of these Terms of Service.

12. User Age Restriction

The WeMeUs Offerings are not intended for and may not be used by children under the age of 13. You may not access the Site or use the Software or Services if you are not at least 13 years old.

13. Miscellaneous

a) No Assignment. The Software and Services are personal to you, and may not be transferred or assigned without WeMeUs's express written consent.
b) Governing Law; Jurisdiction. These Terms of Service are governed by the laws of California, excluding its choice of law provisions. You agree to bring and defend any actions related to these Terms of Service exclusively in the state or federal courts located in San Mateo, California. These Terms of Service will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
c) Injunctive Relief. To the extent that you have breached or have indicated your intention to breach these Terms of Service in any manner which violates or may violate WeMeUs's intellectual property rights, or may cause continuing or irreparable harm to WeMeUs (including, but not limited to, any breach that may impact WeMeUs's intellectual property rights, or a breach by reverse engineering), WeMeUs may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
d) Complete Agreement. These Terms of Service shall constitute the complete and exclusive agreement between us, notwithstanding any other written instrument submitted by you, whether formally rejected by WeMeUs or not. The terms and conditions contained in these Terms of Service may not be modified by you except in a writing duly signed by you and an authorized representative of WeMeUs. If any provision of these Terms of Service is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.