Last Updated: February 13, 2007 Rooftop Confessions TERMS OF SERVICE Please review our Official Rules and Privacy Policy which also govern your visit to our site(s) to understand our practices. Please read the following General Website Terms of Service (this “Terms of Service”) carefully before opening a rooftop confessions membership account (“Account”), using rooftopconfessions.com (the “Site”) or the various services we provide, including, but not limited to viewing videos, and forwading videos to your friends (collectively, the “Services”), so that you are aware of your legal rights and obligations with respect to rooftop confessions LLC. and its affiliates and subsidiaries (individually and collectively, “we,” “us,” or “rooftop confessions”). BY USING THIS SITE, OPENING AN ACCOUNT, OR USING OUR SERVICES, YOU (1) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THIS GENERAL T&CS; AND (II) REPRESENT THAT YOU ARE OF LEGAL AGE TO AGREE TO THESE TERMS OF SERVICE. IF YOU ARE YOUNGER THAN 18 YEARS OLD, YOU ARE NOT ALLOWED TO USE THE SITE OR THE SERVICES OR TO CREATE AN ACCOUNT. EACH ADVERTISER ON ROOFTOPCONFESSIONS.COM HAS ITS OWN TERMS AND CONDITIONS. BEFORE PARTICIPATING AN ADVERTISER OFFER, YOU SHOULD READ THEIR TERMS AND CONDITIONS. PLEASE CAREFULLY READ THE SPECIFIC TERMS AND CONDITIONS OF THE ADVERTISER YOU ARE ENTERING AS WELL AS THE REST OF THIS TERMS OF SERVICE AND THE ROOFTOPCONFESSIOS PRIVACY POLICY BEFORE PARTICIPATING. Our business changes constantly, and our Privacy Policy Official Rules and Terms of Service change also We may e-mail, text or in other ways provide periodic reminders of changes to our policies but you should check our Web site frequently to see recent changes. Rooftop confessions has the right to revise this Terms of Service at any time without providing notice to its users. Your continued use of this Site, the Services and/or your Account shall be deemed irrevocable acceptance of those revisions. Rooftop confessions reserves the right to change, modify, suspend or discontinue any portion of this Site or any Advertiser at any time. Rooftop confessions may also impose limits on certain features or restrict your access to parts or the entire Site in its sole discretion and without notice or liability. 1. Description of Services Rooftop confessions provides a daily confessions from real people. The service is done for entertainment purposes only. The confessions are the sole responsibility of the people confessing. Rooftop confessions has no way of verifying if the confessions are real or not. Rooftop confessions does not endorse and or share the opinions expressed in the confessions. The user will get four confessions upon signing up and then a daily confession viewable on the web site for entertainment purposes only. As these are confessions you might find them to be exceptional behavior, funny, or offensive. If you are easily offended DO NOT VIEW THESE. This is a free service supported by advertisements. 2. Privacy Your privacy is very important to us at Rooftop confessions. Personal information that we collect from you will be governed by the Rooftopconfessions.com Privacy Policy which is incorporated by reference into these Terms of Service and which are available at: http://www.rooftopconfessions.com/privacy_policy/ 3. Limited License Rooftop confessions grants you a limited license to access and use the Site and the Services. This license does not allow you to make any commercial use or any derivative use of the Site, the Services, or the Downloads (including any individual elements or content). 4. Use of Materials All materials transmitted or published by Rooftop confessions on the Site or made available through the Services, (including, but not limited to the Downloads, text, images, forms, logos, graphics, images, audio clips, video clips, photographs, illustrations, audiovisual clips, etc.) (collectively, the “Materials”) are owned or controlled by Rooftop confessions, its subsidiaries or affiliated companies or a third-party provider, and are protected by United States and international copyright laws.Any copying, uploading, reproduction, transmittal or redistribution of the Materials which is not in accordance with this Terms of Service is strictly prohibited. Making modifications to the Materials or creating derivative works based on the Materials is prohibited, as is the unauthorized use of the Materials on any networked computer environment or other website. 5. Accounts and Security To use aspects of the Site or the Services, you must register with Rooftop confessions to open an Account. As part of the registration process, each user will select a password and enter their email address. You shall provide Rooftop confessions with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Service, which may result in immediate termination of your Account. You promise you will not (i) use a email of another person with the intent to impersonate that person; (ii) use a email subject to the rights of any other person without authorization; (iii) use a user name that Rooftop confessions, in its sole discretion, deems inappropriate or offensive; (iv) assign more than one email address to your Account; or otherwise (v) breach any representation, warranty or promise made by you in this Terms of Service regarding your Account. You agree to notify Rooftop confessions of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password. It is your sole responsibility to protect your email address and password and not share your password with any other people. Accordingly, you understand and agree that you shall be liable for any activity performed by any people using the Site or Services under your user name, email and password. Rooftop confessions may immediately terminate your Account, or suspend your access to your Account, in its sole discretion and, without notice, for conduct that Rooftop confessions believes is: (i) illegal, fraudulent, harassing or abusive; (ii) a violation of this Terms of Service or any other policies or guidelines posted by Rooftop confessions ; or (iii) harmful to other users, third parties, or the business interests of Rooftop confessions. Use of an Account for illegal, fraudulent or abusive purposes may be referred to law enforcement authorities without notice to you. You shall be liable for any activities on or uses of your Account even if such activities or uses were not committed by you. If you file a claim against Rooftop confessions, or a claim which in any way involves Rooftop confessions, then Rooftop confessions may terminate your Account. Upon termination of your Account by Rooftop confessions for any of the above-mentioned reasons, (i) you may not establish a new Account for a period of one year from the date of termination, (ii) Rooftop confessions will have no obligation to notify any third parties regarding such termination, and (iii) you will be responsible for any damages that may result or arise out of termination of your Account. 6. Your Promises You promise that you will not: remove any proprietary notices from this Site, the Downloads or any copy thereof; cause, permit or authorize the modification, copying, creation of derivative works, or translation of this Site or the Downloads without the express permission of Rooftop confessions; export or re-export the Downloads in violation of United States export laws; use this Site or the Downloads for any commercial purpose or the benefit of any third party or any manner not permitted by the licenses granted herein; access, create or modify source code of the Downloads in any way; use the Site or the Downloads to, or in any way that would, violate any applicable law, regulation or ordinance; sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your Account, password, or Downloads, including, without limitation, on or through the use of any third party web site or service; use the Services or this Site for fraudulent purposes; attempt to decompile, reverse engineer, disassemble or hack this Site, the Services or Downloads, or to defeat or overcome any encryption and/or digital rights management technology implemented by rooftop confessions with respect to this Site, the Services, the Downloads and/or data transmitted, processed or stored by rooftop confessions, this Site or the Services; take any steps to interfere with or in any manner compromise any of rooftop confessions's security measures or gain access to rooftop confessions's systems or accounts; harvest or collect any information about or regarding other Account holders, including, but not limited to any personal data or information; use this Site or the Downloads to develop, generate, upload, post, display, transmit or store information that: (A) infringes any third party’s intellectual property or other proprietary rights; (B) is defamatory, libelous, harassing, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive or harmful; (C) constitutes unsolicited promotions, advertising or solicitations for funds, good or services, including junk mail and spam, (D) otherwise violates this Terms of Service in any way, or (E) obstructs or otherwise interferes with the normal performance of another person’s use of the Site or the Downloads. Should you breach any of the foregoing promises, (i) in addition to any other rights it may have at law or in equity, rooftop confessions may immediately terminate your Account, and you may be subject to civil and/or criminal prosecution. 7. Advertisements rooftopconfessions.com might cause to display different advertisements. These advertisements are external sites not owned and operated by rooftop confessions. These ads have different privacy policies then rooftop confessions, as well as different terms and conditions as to their services. Advertisements might be for free services or for services for fee. It is your responsibility to evaluate each ad before agreeing to take part in its services. rooftop confessions is providing these advertisements merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by rooftop confessions of any linked site and/or any of its content therein. 8. Disclaimer THIS SITE AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ROOFTOPCONFESSIONS OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE AND THE SERVICES, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, RoofTopConfessions DOES NOT WARRANT THAT THIS SITE, THE SERVICES AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE, THE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE AND/OR THE DOWNLOADS REAINS WITH YOU TOTHE MAXIMUM EXTENT PERMITTED BY LAW. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. 9. Limitation of Liability IN NO EVENT SHALL ROOFTOPCONFESSIONS BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY MOTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR THE SOFTWARE, INCLUDING ANY DAMAGES RESULTING THEREFROM, EVEN IF RoofTopConfessions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE OR THE SOFTWARE IS TO TERMINATE YOUR ACCOUNT, DISCONTINUE ANY USE OF THIS SITE. Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you. 10. Links to Third Party Sites The links provided throughout this Site will let you leave this Site. These links are provided as a courtesy only, and the sites they link to are not under the control of rooftop confessions in any manner whatsoever. Therefore, rooftop confessions is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. rooftop confessions is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by rooftop confessions of any linked site and/or any of its content therein. 11. Term of Use The license for use of this Site is effective until terminated. This license will terminate as set forth within this Terms of Service or if you fail to comply with any term or condition of this Terms of Service. In such event, no notice shall be required by rooftop confessions to effect such termination. Sections 4, 6, and-8 through 18 of this Terms of Service shall survive any termination or expiration of the license for the use of this Site or the Downloads. 12. Your Representations and Warranties You represent and warrant that: you possess the legal right and ability to enter into this Terms of Service and to comply with its terms; you will use this Site for lawful purposes only and in accordance with this Terms of Service and all applicable laws, regulations and policies; you will only use this Site on a computer on which such use is authorized by the computer's owner; and you are over 13 years of age. 13. Indemnity You agree to indemnify, defend and hold harmless rooftop confessions, and its subsidiaries, affiliates, officers, parent companies agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”), at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to your (i) Violation or breach of any term of this Terms of Service or any policy or guidelines referenced herein, or (ii) use or misuse of this Site, the Services. 14. Notification of Copyright Infringement rooftop confessions may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize rooftop confessions to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you. rooftop confessions will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site or the Services, please notify rooftop confessions's Copyright Agent identified below. A notification of claimed infringement must be a written communication addressed to the rooftop confessions Copyright Agent set forth below (the “Notice”), and must include the following: a signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed; a description of the copyrighted work or works that you claim have been infringed; a description of the exact name of the infringing work and where the infringing work is located on the Site; information sufficient to permit rooftop confessions to contact you, such as your physical address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf. 15. Dispute Resolution/Choice Of Law: Any controversy, claim, demand or disputes arising out of or in relation to any portion of this Agreement or the breach thereof. shall be submitted to final and binding arbitration before the American Arbitration Association in accordance with its Commercial Rules applicable to proceedings determined by one (1) arbitrator. Any arbitration shall be conducted at facilities maintained by the American Arbitration Association for that purpose in New York. New York. Judgment upon any award it may grant may be confirmed and entered in any court of competent jurisdiction. This provision shall be deemed self executing. and an award may be entered against a party who fails to appear at any duly noticed hearing. This provision shall survive the expiration or termination of this Agreement. Except where prohibited. participants (and participants parent/legal guardian if participant i a minor) agree that: (a) any and all disputes. claims. and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by an action in state or federal court located in the State of New York and (b) any and all claims judgments and awards shall be limited to actual out-of-pocket costs incurred. including costs associated with participating in this Promotion but in no event attorneys' fees: and (c) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and/or Releasees in connection with this web site, shall be governed by and construed in accordance with the laws of the State of New York without regard for conflicts of law doctrine of any jurisdiction.

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