Myvisionboard.com is a social networking service provided by Myvisionboard.com, that allows Members to create unique personal profiles online in order to developand maintain a personal Vision Board as well as connect with like minded people from around the world. The services offered by Myvisionboard.com ("Myvisionboard.com" or "we") include the Myvisionboard.com website (the "Myvisionboard Website"), and any other features, content, or applications offered from time to time by Myvisionboard.com in connection with the Myvisionboard Website (collectively, the "Myvisionboard Services"). The Myvisionboard Services are hosted in the U.S.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Myvisionboard Services. By using the Myvisionboard Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Myvisionboard Website) or you are a "Member" (which means that you have registered with Myvisionboard.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Myvisionboard Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Myvisionboard Website and discontinue use of the Myvisionboard Services immediately. If you wish to become a Member, communicate with other Members and make use of the Myvisionboard Services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Myvisionboard.com\'s policy for acceptable use of the Myvisionboard Services and Content posted on the Myvisionboard Website, your rights, obligations and restrictions regarding your use of the Myvisionboard Services and Myvisionboard.com\'s Privacy Policy. In order to participate in certain Myvisionboard Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Myvisionboard Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Myvisionboard.com may modify this Agreement from time to time and such modification shall be effective upon posting by Myvisionboard.com on the Myvisionboard Website. Myvisionboard will inform Members by email about such modifications. If you do not agree with such modification you have the right to terminate your membership with Myvisionboard. You agree to be bound to any changes to this Agreement when you use the Myvisionboard Services after the modification has been posted for at least one month. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on Myvisionboard.com and that you provide to other Users. Your Myvisionboard.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Myvisionboard.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Myvisionboard.com assumes no responsibility or liability for this material. If you become aware of misuse of the Myvisionboard Services by any person, please contact Myvisionboard or click on the "Report Abuse" link at the right of any Myvisionboard.com  user page.

Myvisionboard.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Myvisionboard Services at any time, particularly in cases listed under clause 8 of these Terms of Use, with or without prior notice.,  Liability is limited to the maximum extent permitted by law according to clauses 12 and 13 of these Terms of Use in such a case.

1. Eligibility. Use of and Membership in the Myvisionboard Services is void where prohibited. By using the Myvisionboard Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Myvisionboard Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
2. Term and Termination.

a)      This Agreement shall remain in full force and effect while you use the Myvisionboard Services or are a Member.

b)      You may terminate your Membership at any time, for any reason, by following the instructions on the Member\'s Account Settings page. Myvisionboard.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.

1. Fees. Myvisionboard.com reserves the right to alter, to depart from or to cease offering its services free of charge at any time, taking into account Myvisionboard.com’s legitimate interests and reasonable consumer expectations. Myvisionboard.com will inform Members by email if a service is to be offered in the future for a fee. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has posted been posted for at least one month will be considered acceptance of the proposed fee modification. The same applies if fees are raised by Myvisionboard.com. If Myvisionboard.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
2. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Myvisionboard.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
3. Non-commercial Use by Members. The Myvisionboard Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Myvisionboard.com. Illegal and/or unauthorized use of the Myvisionboard Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Myvisionboard Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Myvisionboard Services.
4. Proprietary Rights in Content on Myvisionboard.com.
   1. Myvisionboard.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the Myvisionboard Services. After posting your Content to the Myvisionboard Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Myvisionboard Services, you hereby grant to Myvisionboard.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Myvisionboard Services. Without this license, Myvisionboard.com would be unable to provide the Myvisionboard Services. For example, without the right to modify Member Content, Myvisionboard.com would not be able to digitally compress image files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, Myvisionboard.com could not allow Users to display images posted by Members. The license you grant to Myvisionboard.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Myvisionboard.com), fully-paid and royalty-free (meaning that Myvisionboard.com is not required to pay you for the use on the Myvisionboard Services of the Content that you post), sublicensable (so that Myvisionboard.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Myvisionboard Services), and worldwide (because the Internet and the Myvisionboard Services are global in reach). This license will terminate at the time you remove your Content from the Myvisionboard Services. The license does not grant Myvisionboard.com the right to sell your Content, nor does the license grant Myvisionboard.com the right to distribute your Content outside of the Myvisionboard Services.
   2. You represent and warrant that: (i) you own the Content posted by you on or through the Myvisionboard Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Myvisionboard Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Myvisionboard Services.
   3. The Myvisionboard Services contain Content of Myvisionboard.com ("Myvisionboard.com Content"). Myvisionboard.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Myvisionboard.com owns and retains all rights in the Myvisionboard.com Content and the Myvisionboard Services. Myvisionboard.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Myvisionboard.com Content (excluding any software code) solely for your personal use in connection with viewing the Myvisionboard Website and using the Myvisionboard Services.
   4. The Myvisionboard Services contain Content of Users and other Myvisionboard.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Myvisionboard Services.
5. Content Posted.
   1. Myvisionboard.com may delete any Content that in the sole judgment of Myvisionboard.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Myvisionboard.com assumes no responsibility for monitoring the Myvisionboard Services for inappropriate Content or conduct. If at any time Myvisionboard.com chooses, in its sole discretion, to monitor the Myvisionboard Services, Myvisionboard.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
   2. You are solely responsible for the Content that you post on or through any of the Myvisionboard Services, and any material or information that you transmit to other Members and for your interactions with other Users. Myvisionboard.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Myvisionboard.com prior to posting and does not necessarily reflect the opinions or policies of Myvisionboard.com. Myvisionboard.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
6. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Myvisionboard Services. Myvisionboard.com reserves the right to investigate and take appropriate legal action against anyone who, in Myvisionboard.com\'s sole discretion, violates this provision, including without limitation, removing the offending communication from the Myvisionboard Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Myvisionboard.com:
   1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
   2. harasses or advocates harassment of another person;
   3. exploits people in a sexual or violent manner;
   4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
   5. solicits personal information from anyone under 18;
   6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
   7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
   8. promotes an illegal or unauthorized copy of another person\'s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
   9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
   10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
   11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone\'s privacy, or providing or creating computer viruses;
   12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
   13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
   14. includes a photograph of another person that you have posted without that person\'s consent; or
   15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the Myvisionboard Website and through your use of the Myvisionboard Services. Myvisionboard.com reserves the right to investigate and take appropriate legal action against anyone who, in Myvisionboard.com\'s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through the Myvisionboard Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Myvisionboard Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Myvisionboard.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Myvisionboard.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Myvisionboard Services, you acknowledge that you will have caused substantial harm to Myvisionboard.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Myvisionboard.com $50 for each such unsolicited email, advertisement, junk emails or chain letters or other unsolicited communication you send, acting culpably, through the Myvisionboard Services, regardless of the number of recipients of such email. Myvisionboard.com is entitled to additional compensation of damages beyond $ 50. You have the right to prove that Myvisionboard.com’s damages are below $ 50;
3. covering or obscuring the banner advertisements on your personal profile page, or any Myvisionboard.com page via HTML/CSS or any other means;
4. any automated use of the system, such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or creating an undue burden on the Myvisionboard Services or the networks or services connected to the Myvisionboard Services;
6. attempting to impersonate another Member or person;
7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8. selling or otherwise transferring your profile;
9. using any information obtained from the Myvisionboard Services in order to harass, abuse, or harm another person;
10. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Myvisionboard Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
11. using the Myvisionboard Services in a manner inconsistent with any and all applicable laws and regulations.
1. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Myvisionboard.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Myvisionboard.com by the copyright owner or the copyright owner\'s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Myvisionboard Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Myvisionboard Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner\'s behalf.
2. Member Disputes. You are solely responsible for your interactions with other Myvisionboard.com Members. Myvisionboard.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
3. Privacy. Use of the Myvisionboard Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
4. Liability Disclaimer. Myvisionboard.com will not be responsible for any incorrect or inaccurate Content posted on the Myvisionboard Website or in connection with the Myvisionboard Services, whether caused by Users of the Myvisionboard Services or by any of the equipment or programming associated with or utilized in the Myvisionboard Services. Profiles created and posted by Members on the Myvisionboard Website may contain links to other websites. Myvisionboard.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Myvisionboard.com. Inclusion of any linked website on the Myvisionboard Services does not imply approval or endorsement of the linked website by Myvisionboard.com. When you access these third-party sites, you do so at your own risk. Myvisionboard.com takes no responsibility for third party advertisements which are posted on this Myvisionboard Website or through the Myvisionboard Services, nor does it take any responsibility for the goods or services provided by its advertisers. Myvisionboard.com is not responsible for the conduct, whether online or offline, of any User of the Myvisionboard Services.

In addition, Myvisionboard.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Myvisionboard.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Myvisionboard Services or combination thereof.

1. Exclusion of Warranty. The Myvisionboard Services are provided "AS-IS" and as available. Myvisionboard.com does not warrant of timely, secure, error- and interruption-free provision of Myvisionboard Services. Myvisionboard.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Myvisionboard.com cannot guarantee and does not promise any specific results from use of the Myvisionboard Services. The exclusion of warranties does not affect your right of withdrawal.

Some jurisdictions do not allow the exclusion or limitation of certain types of warranty or liability, such as liability for death or personal injury as a result of negligence or fraud of Myvisionboard.com. Some of the limitations in clauses 12 and 13 may therefore not apply to you.

1. U.S. Export Controls. Software available in connection with the Myvisionboard Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Myvisionboard Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
2. Disputes. If there is any dispute about or involving the Myvisionboard Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions.

If you are a merchant, public-law legal body, or public-law separate estate and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles.

Either Myvisionboard.com or you may demand that any dispute between Myvisionboard.com and you about or involving the Myvisionboard Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA. This does not apply when you are a consumer, The demand to settle a dispute by arbitration shall not prevent Myvisionboard.com from seeking injunctive relief in a court of competent jurisdiction.

1. Indemnity. You agree to indemnify and hold Myvisionboard.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys\' fees, made by any third party due to or arising out of your use of the Myvisionboard Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Myvisionboard Website or through the Myvisionboard Services causes Myvisionboard.com to be liable to another, provided that this was caused by culpable conduct.
2. Other. This Agreement is accepted upon your use of the Myvisionboard Website or any of the Myvisionboard Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Myvisionboard.com regarding the use of the Myvisionboard Services. The failure of Myvisionboard.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Myvisionboard.com is a trademark of MyVisionBoard, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact MyVisionBoard with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.