Date of Last Revision: January 1, 2009

Welcome to 'CreativeFolks.net', a social utility that connects you with othercreative industry people. The 'CreativeFolks.net' service and network(collectively, 'CreativeFolks.net' or "the Service") are operatedby 'dernier cri' (collectively, "us", "we" or "theCompany"). By accessing or using our web site at www.creativefolks.net you(the "User") signify that you have read, understand and agree to bebound by these Terms of Use ("Terms of Use" or"Agreement"), whether or not you are a registered member of 'please,critique me!'.

We reserve the right, at our sole discretion, to change, modify, add, or delete portionsof these Terms of Use at any time without further notice. If we do this, wewill post the changes to these Terms of Use on this page and will indicate atthe top of this page the date these terms were last revised. Your continued useof the Service or the Site after any such changes constitutes your acceptanceof the new Terms of Use. If you do not agree to abide by these or any futureTerms of Use, do not use or access (or continue to use or access) the Serviceor the Site. It is your responsibility to regularly check the Site to determineif 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.

Membership in the Service is void where prohibited. This Site is intended solely for userswho are eighteen (18) years of age or older. Any registration by, use of oraccess to the Site by anyone under 18 is strictly unauthorized, unlicensed andin violation of these Terms of Use. By using the Service or the Site, yourepresent and warrant that you are 18 or older, and that you agree to and toabide by all of the terms and conditions of this Agreement.

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 anyregistration forms on the Site ("Registration Data"); (b) maintainthe security of your password and identification; (c) maintain and promptlyupdate the Registration Data, and any other information you provide to Company,to keep it accurate, current and complete; and (d) be fully responsible for alluse of your account and for any actions that take place using your account.

All content on the Site and available through the Service, including designs, text,graphics, pictures, video, information, applications, software, music, soundand other files, and their selection and arrangement (the "SiteContent"), are the proprietary property of the Company, its users or itslicensors with all rights reserved. No Site Content may be modified, copied,distributed, framed, reproduced, republished, downloaded, scraped, displayed,posted, transmitted, or sold in any form or by any means, in whole or in part,without the Company's prior written permission, except that the foregoing doesnot apply to your own User Content (as defined below) that you legally post onthe Site. Provided that you are eligible for use of the Site, you are granted alimited license to access and use the Site and the Site Content and to downloador print a copy of any portion of the Site Content to which you have properlygained access solely for your personal, non-commercial use, provided that youkeep all copyright or other proprietary notices intact. Except for your ownUser Content, you may not upload or republish Site Content on any Internet,Intranet or Extranet site or incorporate the information in any other databaseor compilation, and any other use of the Site Content is strictly prohibited.Such license is subject to these Terms of Use and does not permit use of anydata mining, robots, scraping or similar data gathering or extraction methods.Any use of the Site or the Site Content other than as specifically authorizedherein, without the prior written permission of Company, is strictly prohibitedand will terminate the license granted herein. Such unauthorized use may alsoviolate applicable laws including copyright and trademark laws and applicablecommunications regulations and statutes. Unless explicitly stated herein, nothingin these Terms of Use shall be construed as conferring any license tointellectual property rights, whether by estoppel, implication or otherwise.This license is revocable at any time without notice and with or without cause.

You understand that except for advertising programs offered by us on the Site, theService and the Site are available for your personal, non-commercial use only.You represent, warrant and agree that no materials of any kind submittedthrough your account or otherwise posted, transmitted, or shared by you on orthrough the Service will violate or infringe upon the rights of any thirdparty, including copyright, trademark, privacy, publicity or other personal orproprietary rights; or contain libelous, defamatory or otherwise unlawfulmaterial. In addition, you agree not to use the Service or theSite to:

• harvest or collect email addresses or 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, disable, overburden or impair the Site;
• use automated scripts to collect information from or otherwise interact with the Service or the Site;
• 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;
• 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;
• 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 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.
  
  

Youare solely responsible for the photos, profiles (including your name, image,and likeness), messages, notes, text, information, music, video, listings, andother content that you upload, publish or display (hereinafter,"post") on or through the Service or the Site, or transmit to orshare with other users (collectively the "User Content"). You may notpost, transmit, or share User Content on the Site or Service that you did notcreate or that you do not have permission to post. You understand and agreethat the Company may, but is not obligated to, review the Site and may deleteor remove (without notice) any Site Content or User Content in its solediscretion, for any reason or no reason, including User Content that in thesole judgment of the Company violates this Agreement, or which might beoffensive, illegal, or that might violate the rights, harm, or threaten thesafety of users or others. You are solely responsible at your sole cost andexpense for creating backup copies and replacing any User Content you post orstore on the Site or provide to the Company. When you post UserContent to the Site, you authorize and direct us to make such copies thereof aswe deem necessary in order to facilitate the posting and storage of the UserContent on the Site. By posting User Content to any part of the Site, youautomatically grant, and you represent and warrant that you have the right togrant, 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 orin part) and distribute such User Content for any purpose, commercial,advertising, or otherwise, on or in connection with the Site or the promotionthereof, to prepare derivative works of, or incorporate into other works, suchUser Content, and to grant and authorize sublicenses of the foregoing. You mayremove your User Content from the Site at any time. If you choose to removeyour User Content, the license granted above will automatically expire, howeveryou acknowledge that the Company may retain archived copies of your UserContent. 'CreativeFolks.net' does not assert any ownership over your UserContent; rather, as between us and you, subject to the rights granted to us inthese Terms, you retain full ownership of all of your User Content and anyintellectual property rights or other proprietary rights associated with yourUser Content.

We respect the intellectual property rights of others and we prohibit users fromuploading, posting or otherwise transmitting on the 'CreativeFolks.net'website or service any materials that violate another party's intellectualproperty rights. When we receive proper Notification of Alleged CopyrightInfringement we promptly remove or disable access to the allegedly infringingmaterial and terminate the accounts of repeate infringers as described hereinin accordance with the Digital Millenium Copyright Act. If you believe that anymaterial on the Site infringes upon any copyright which you own or control, youmay send a written notification of such infringement to us.

In accordance with the Digital Millennium Copyright Act (DMCA) and otherapplicable law, Company has adopted a policy of terminating, in appropriatecircumstances and at Company's sole discretion, members who are deemed to berepeat infringers. Company may also at its sole discretion limit access to theSite and/or terminate the memberships of any users who infringe anyintellectual property rights of others, whether or not there is any repeatinfringement.

The Site contains (or you may be sent through the Site or the Service) links toother 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 ororiginating from third parties (the "Third Party Applications, Software orContent"). Such Third Party Sites and Third Party Applications, Softwareor Content are not investigated, monitored or checked for accuracy,appropriateness, or completeness by us, and we are not responsible for anyThird 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, privacypractices or other policies of or contained in the Third Party Sites or theThird Party Applications, Software or Content. Inclusion of, linking to orpermitting the use or installation of any Third Party Site or any Third PartyApplications, Software or Content does not imply approval or endorsementthereof by us. If you decide to leave the Site and access the Third Party Sitesor to use or install any Third Party Applications, Software or Content, you doso at your own risk and you should be aware that our terms and policies nolonger govern. You should review the applicable terms and policies, includingprivacy and data gathering practices, of any site to which you navigate fromthe Site or relating to any applications you use or install from the site.

You are solely responsible for your interactions with other 'CreativeFolks.net'users. We reserve the right, but have no obligation, to monitor disputesbetween you and other users.

We care about the privacy of our users. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

The Company is not responsible or liable in any manner for any User Content orThird Party Applications, Software or Content posted on the Site or inconnection with the Service, whether posted or caused by users of the Site, by'CreativeFolks.net', by third parties or by any of the equipment orprogramming associated with or utilized in the Site or the Service. Although weprovide rules for user conduct and postings, we do not control and are notresponsible for what users post, transmit or share on the Site and are notresponsible for any offensive, inappropriate, obscene, unlawful or otherwiseobjectionable content you may encounter on the Site or in connection with anyUser Content or Third Party Applications, Software or Content. The Company isnot responsible for the conduct, whether online or offline, of any user of theSite or Service. The Site and the Service may be temporarilyunavailable from time to time for maintenance or other reasons. Company assumesno responsibility for any error, omission, interruption, deletion, defect,delay in operation or transmission, communications line failure, theft ordestruction or unauthorized access to, or alteration of, User communications.The Company is not responsible for any technical malfunction or other problemsof any telephone network or service, computer systems, servers or providers,computer or mobile phone equipment, software, failure of email or players onaccount of technical problems or traffic congestion on the Internet or at anySite or combination thereof, including injury or damage to User's or to anyother person's computer, mobile phone, or other hardware or software, relatedto or resulting from using or downloading materials in connection with the Weband/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 to any User Content or personal injury or death,resulting from anyone's use of the Site or the Service, any User Content orThird Party Applications, Software or Content posted on or through the Site orthe Service or transmitted to Users, or any interactions between users of theSite, whether online or offline. THE SITE, THE SERVICE AND THESITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY ANDALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDINGIMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEOR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANYSPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORMAPPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT ORMATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE,COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITSSERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULDEXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT ORMATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OROTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILECLIENT) FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THATYOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOURMOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THATMAY RESULT. The Company reserves the right to change any and allcontent, software and other items used or contained in the Site and anyServices offered through the Site at any time without notice. Reference to anyproducts, 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.

IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU ORANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATAARISING FROM YOUR USE OF THE SITE OR THE SERVICE, OR ANY OF THE SITE CONTENT OROTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THECOMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'SLIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TOCOMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THECOMPANY'S LIABILITY TO YOU EXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES AREPAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEFONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGESOF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION. CERTAINSTATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION ORLIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THEABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAYHAVE ADDITIONAL RIGHTS.

The Company may terminate your membership, delete your profile and any content orinformation that you have posted on the Site and/or prohibit you from using oraccessing 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) forany reason, or no reason, at any time in its sole discretion, with or withoutnotice, including if it believes that you are under 18. When we are notifiedthat a user has died, we will generally, but are not obligated to, keep theuser's account active under a special memorialized status for a period of timedetermined by us to allow other users to post and view comments.

YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TOSPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSESERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES ANDCLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITEAND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THESERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extentthat either of us has in any manner infringed upon or violated or threatened toinfringe upon or violate the other party's patent, copyright, trademark ortrade secret rights, or you have otherwise violated any of the user conductrules set forth above or in the Code of Conduct then the parties acknowledge thatarbitration is not an adequate remedy at law and that injunctive or otherappropriate relief may be sought; and (b) no disputes or claims relating to anytransactions you enter into with a third party through the 'please, critiqueme!' Listings may be arbitrated. Arbitration under this Agreementshall be conducted by the American Arbitration Association (the"AAA") under its Commercial Arbitration Rules and, in the case ofconsumer disputes, the AAA's Supplementary Procedures for Consumer RelatedDisputes ( the "AAA Consumer Rules") (collectively the "AAARules"). The location of the arbitration and the allocation of costs andfees for such arbitration shall be determined in accordance with such AAA Rulesand 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 aconsumer dispute, the Company will be responsible for paying all arbitrationfees and arbitrator compensation in excess of what is deemed reasonable. Thearbitrator's award shall be binding and may be entered as a judgment in anycourt of competent jurisdiction. To the fullest extent permittedby applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BEJOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIMINVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASSARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, actionor 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 institutedmore than three (3) years after the cause of action arose.

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

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 andshall become the sole property of Company. Company shall own exclusive rights,including all intellectual property rights, and shall be entitled to theunrestricted use and dissemination of these Submissions for any purpose,commercial or otherwise, without acknowledgment or compensation to you.

Unless otherwise specified, the terms "includes", "including","e.g.,", "for example", and other similar terms are deemedto include the term "without limitation" immediately thereafter.Terms used in these Terms with the initial letter(s) capitalized will have themeaning attributed to them in these Terms.

These Terms of Use constitute the entire agreement between you and Company regardingthe use of the Site and/or the Service, superseding any prior agreementsbetween you and Company relating to your use of the Site or the Service. Thefailure of Company to exercise or enforce any right or provision of these Termsof Use shall not constitute a waiver of such right or provision in that or anyother instance. If any provision of this Agreement is held invalid, theremainder of this Agreement shall continue in full force and effect. If anyprovision of these Terms of Use shall be deemed unlawful, void or for anyreason unenforceable, then that provision shall be deemed severable from theseTerms of Use and shall not affect the validity and enforceability of anyremaining provisions.

Please contact us at: info@creativefolks.net