HisSpace™

Terms of Use

Date of Last Revision: May 01, 2009

Welcome to HisSpace™, a Christian Alternative Social Utility that connects you, the Christian User, with other like-minded people around you and across the globe. But we want you to know that HisSpace.com is more than just a social network. It is a powerful ministry that will ultimately lead people to the saving grace of Jesus Christ, and expand His Kingdom in a new and innovative way. It will allow His followers (that’s you and me) to connect on a greater scale across the world and be to be witnesses for the Son of God, the Lord of Lords, and King of Kings. The HisSpace™ service and network (collectively, "HisSpace™" or "the Service")are operated by HisSpace™, Inc. and its corporate affiliates (collectively,"us", "we" or "the Company"). By accessing or using our web site at www.HisSpace.com or the mobile version thereof (to come at www.hisspace.mobi) (together the"Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of HisSpace™. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASEREAD THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATIONREGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUSLIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOWDISPUTES WILL BE RESOLVED.

Eligibility

You must be, at least, thirteen (13) years of age to set up a profile with HisSpace™. A parent may set up an account for themselves and allow their children to access the profile only under strict supervision by the parent, but the profile would be that of the parent. Membership in the Service is void where prohibited by law. If you wish to communicate with like-minded people and are willing to treat our social network with principles that glorify God, then we want you to use it.

While we want to attract and connect Christian users with HisSpace.com, we are not naïve enough to believe that all users of HisSpace™ will be Christians, nor do we believe that all users will have good intensions for their use of the site and interaction with others. With that said, we vow to remove those who abuse our good nature and violate our terms of service, and we require Parents to monitor and supervise their minor children and their use of this site.

The Children’s Online Privacy Protection Act ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children under 13 years of age. HisSpace™ is not directed at children under 13 years of age but, we recognize that with proper adult supervision some parents might permit their children to visit HisSpace™ and use our Service. COPPA requires that we obtain the consent of parents and guardians in order for children under 13 years of age to use certain features of HisSpace™. Should you have any questions about this issue, please correspond with us via email to legal@hisspace.com. Also, for more information on our privacy policy, please see “Privacy Policy” located on our home page.

Registration Data; Account Security

God said, “Thou shalt not bear false witness”. (That means you’re not supposed to lie).No kidding. He said it. Look it up. Exodus 20.

Therefore, in consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data should it change, and any other information you provide to Company, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Proprietary Rights in Site Content; Limited License from HisSpace™

Again, God Himself said “Thou shalt not steal”.

Therefore, all content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No HisSpace™ Site Content may be copied, displayed, posted, reproduced, modified, framed, distributed, republished, downloaded, scraped, transmitted, or sold in any form or by any means, in whole or in part, without the express (and prior) written consent of HisSpace™, Inc., except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish HisSpace™ content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation of material, and any other use of the HisSpace™ Content is strictly prohibited and will be pursued. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the HisSpace™ Site or the HisSpace™ Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by legal or equitable estoppel,implication or otherwise. This license is revocable at any time without notice and with or without cause or recourse.

User Conduct

Okay, here is where it gets serious, and this is what makes HisSpace™ different than the rest. We take our user content restrictions veryseriously because we want a Christian “Alternative” to social networking. A “space” you can enjoy, without the onslaught of worldly negative influence that dishonors God.

Furthermore, we intend for this to be as much of a ministry to others as it is a business. You must agree to keep your content what we like to call “J-Rated” - or Rated “J” for Jesus! (to coin a phrase from HisSpace™ supporter/member Ken Felts located at www.hisspace.com/jrated). If you violate that, you will become ineligible to use this site and are subject to removal without notice or recourse.

What exactly does “J-Rated” mean? It means content that Jesus would be proud of. Content that does not dishonor the Father. If I say it once, I will probably say it a thousand times… “Keep it J-Rated”.

For those of you that need the specific legal language, here ya go…

We do not tolerate any lewd pictures or obscene language. All foul language must be eliminated from private and public messages. Cyber-sex is strictly prohibited on this site. Any form of harassing or hate speech is not tolerated. In an effort to eliminate gossip and negativity, we do not allow slanderous comments towards HisSpace™ ,its owners or any members, in public or private messages. We do not allow the posting of sexual preferences or sexual orientation. We do not tolerate any speech that is blatantly and disrespectfully anti-God. Any references condoning the use of illegal substances (drug promotion/use) is not tolerated. Violation of these rules is grounds for immediate deletion of an account with or without notice to the user.

You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use our Service or the HisSpace™ Site to:

• harvest or collect email addresses
• to harvest or collect other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the Service or the Site in any unlawful manner or in any other manner that could damage our site, disable it, burden it or impair it;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; (Remember… keep it “J-Rated”).
• upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.

Without limiting any of the foregoing, you also agree to abide by our HisSpace™ Code of Conduct that provides further information regarding the authorized conduct of users on HisSpace™.

User Content Posted on the Site

You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display(hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. HisSpace™ does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

HisSpace™ Mobile Services

The Service will soon include certain mobile services that are available via your mobile phone, including (i)the ability to upload content to HisSpace™ via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to HisSpace™ messages, to “follow” a pastor or musical group via messaging that can be accessible via mobile phone, and to write on other user profiles using our profile to profile messaging system using text messaging (Mobile Texts), (iii) the ability to browse HisSpace™ from your mobile phone (Mobile Web), and (iv) the ability to access certain HisSpace™ features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the"Mobile Services"). We do not charge for these Mobile Services. However, your carrier's normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding HisSpace™ and other entities by SMS,MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your HisSpace™ account information to ensure that your messages are not sent to the person that acquires your old number.

HisSpace™ Infringer Policy

I know I’ve said it before, but in accordance with the Word of God we here at HisSpace™ insist upon clean content. The main purpose of this site is to allow like-minded users to connect with each other and to Glorify God with the “space” we are given. (Because, remember, it’s all His space!) Therefore, when posting text, photos, or any other content you should first ask yourself the question… “Does it glorify God?” If the answer to that question is “No”, then don’t say it, post it, or even think on it. (Philippians4:8) [go ahead… look it up]. (J-Rated…J-Rated…J-Rated!!!)

Again, for those of you that must have the legal “e’s”, here is the same thing, straight from the lawyers…

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be infringers (first time, or repeat infringers). Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, (including that of HisSpace™) whether or not there is any repeat infringement.

Opt In for HisSpace™ Contact

You are specifically giving HisSpace™ the right to contact you via email regarding updates to the product or service, or to promote any product or service that HisSpace™ endorses or promotes, or for any other reason that the HisSpace™ Team would be required or feel it necessary to contact a user. HisSpace™ will NEVER spam you, or authorize the spamming of any member. You’re entitled to opt in, but not required to opt in, to receive offers from third-party affiliates of HisSpace™. That process would be done via specific agreement by you choosing to “opt in” to receive other offers, and is not part of this agreement.

Third Party Websites and Content

The Site contains (or you may be sent through the Site or the Service) links too their web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Our policy is to prevent such access to other sites that don’t share our views on the appropriateness of the content. However, on occasion, a user may very well do it in spite of the rules. Since such Third Party Sites and Third Party Applications, Software or Content are not pre-investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer governor the other site. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

Having said that, you should also know that should you link to a third party website or allow our users to link to a third party website through your profile and it is one of those that does not share our view on “inappropriate content” or puts your profile in violation of our terms of use or our rules with regard to content, then we can disable the link and/or your account for violating these terms of use. And we may do this with or without notice to you, and without recourse.

When in doubt… don’t do it.

User Disputes

You are solely responsible for your interactions with other HisSpace™ users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

HisSpace™ Special Profiles

HisSpace™ special profiles are special pages and profiles used solely for commercial, political, or charitable purposes. You may not set up a HisSpace™ Page or Profile under this special category on behalf of another individual or entity unless you are authorized to do so. This includes fan pages, as well as HisSpace™ profiles to support or criticize another individual or entity.

HisSpace™ does not pre-screen or approve HisSpace™ special profiles or pages, and cannot guarantee that a HisSpace™ page or profile was actually created and is being operated by the individual or entity that is the subject of the page or profile. Nor is HisSpace™ responsible for the content of any HisSpace™ page or profile, or any transactions entered into or other actions taken on or in connection with any HisSpace™ page, including how the owner of the page or profile collects, handles, uses and / or shares any personal information it may collect from users (please review the HisSpace™ privacy policy if you have any questions or concerns regarding the use or sharing of your personal information). You should be careful before providing any personal information to or entering into any transaction in connection with a Special HisSpace™ page or profile.

But, again, even special profiles or pages are subject to the same terms of use that you are. So if they violate that, we will disable them (boot ‘em out), as well.

Disclaimers

Although we vow to remove inappropriate content as soon as it is detected or reported by another user, HisSpace™ is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by HisSpace™, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide very specific rules and requirements regarding user conduct and postings, we cannot control, in advance, the postings of an individual who chooses to ignore our rules and requirements. Therefore, we cannot take responsibility for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service. The company does intend to turn off a user account that violates our restrictions, and therefore you, the user, is asked to keep us informed of any such negative or inappropriate conduct or postings that you may discover so that we may take quick and appropriate action.

The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company 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, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage toady User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

The site, the service (including the mobile services and any other future service), any platform applications and the site content are provided "as-is" and the company disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose, or non-infringement. The company cannot guarantee and does not promise any specific results from use of the site and/or the service and/or any platform applications. Company does not represent or warrant that software, content or materials on the site, the service or any platform applications are accurate, complete, reliable, current or error-free or that the site or service its servers, or any platform applications are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such software, content or materials and use industry-recognized software to detect and disinfect viruses. Without limiting the foregoing, you understand and agree that you download or otherwise obtain content, material, data or software (including any mobile client) from or through the service and any platform applications at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.

The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.

Limitation on Liability

In no event will company or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the site or the service, any platform applications or any of the site content or other materials on, accessed through or downloaded from the site, even if the company is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to company for the service during the term of membership, but in no case will the company's liability to you exceed $1000. You acknowledge that if no fees are paid to company for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from company, regardless of the cause of action.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.

Termination

The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice. When we are notified that a user has passed away, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

Arbitration

ARBITRATION ANDDISPUTE RESOLUTION. IT IS IMPORTANTTHAT YOU READ THIS ENTIRE SECTION CAREFULLY BECAUSE IT AFFECTS YOUR LEGALRIGHTS. THIS SECTION PROVIDES THAT, EXCEPT FOR THE SPECIFIC EXCEPTION STATEDBELOW, ANY DISPUTE BETWEEN YOU AND HisSpace™MUSTBE RESOLVED BY BINDING ARBITRATION THAT REPLACES THE RIGHT TO GO TO COURTBEFORE A JUDGE OR A JURY, AND MAY LIMIT YOUR RIGHTS TO DISCOVERY OR TO APPEAL.IT FURTHER PROVIDES THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHERREPRESENTATIVE ACTION IN COURT, NOR WILL YOU BE ABLE TO BRING ANY CLAIM INARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION.

YOU AND COMPANY AGREE THAT,EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITEIN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVEFORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO ORARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOURVISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDINGARBITRATION,except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the HisSpace™ site may be arbitrated.

Arbitration under this Agreement shall be conducted by the American Arbitration Association(the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAARules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules(for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDERTHESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDINGANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THESERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.

Other

These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the State of Tennessee, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth above), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Tennessee, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to, venue and jurisdiction in the state and federal courts of Tennessee. This clause will serve as a complete and valid affirmative defense to any action brought against HisSpace™ in any other jurisdiction other than that of Tennessee State or Federal Courts of Tennessee, or in any manner inconsistent with these Terms and Conditions.

Now…go have some clean, respectful, praise-worthy fun!


The HisSpace™ Legal Team