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OnlineNetwork.com, LLC Terms and Conditions Agreement
Last Modified: September 4, 2013

1.     Agreement to terms of usage as prerequisite to using the Website ("TheVOG.net").

OnlineNetwork.com, LLC (referred to as "TheVOG.net” or "Company" or "we" or "us") operates TheVOG.net, which is a social network service website that provides various related services (together referred to as this "Site") to Users and Members that allow them to create unique personal profiles online to find and communicate with old and new friends. The Site offered by TheVOG.net includes the TheVOG.net and any other features, content, or applications offered from time to time by TheVOG.net in connection with the TheVOG.net. The Site is hosted in the United States and all laws, current and future regarding usage of social networking websites will apply to the conduct of the Users and Members.

This Terms and Conditions Agreement ("Agreement") sets forth the legally binding terms for your use of the Site. By using the Site, you agree to be bound by this Agreement, whether you are a visitor that is merely browsing TheVOG.net, or you are a registered user. The term "User" refers to non-registered visitors and registered users. If you do not agree with this Agreement, then you must immediately leave TheVOG.net website and discontinue use of Site. If you wish to become a registered user (sometimes referred to as "Member"), communicate with other Members and make use of Site, you must read this Agreement and indicate your acceptance during the registration process. You are only authorized to use the Site if you agree to abide by all applicable laws and terms to this Agreement. Please read this Agreement carefully and save a copy for your records.

BY COMPLETING THE REGISTRATION PROCESS, CLICKING TO ACCEPT OR AGREE TO THE AGREEMENT, WHERE SUCH OPTION IS AVAILABLE TO YOU, OR VIA YOUR USE OF THIS SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THIS SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SITE, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THIS SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE. IF YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US OR IF YOU ARE A PERSON BARRED BY LAW FROM USING SERVICES OF THIS SITE, YOU MAY NOT USE THIS SITE AND/OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE.

This Agreement includes TheVOG.net's policy for acceptable use of the Site and content (described below) posted on the TheVOG.net website, your rights, obligations and restrictions regarding your use of the Site and TheVOG.net's Privacy Policy. In order to participate in certain services of the Site, 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 portion of the Site in which you choose to participate, those additional terms are hereby incorporated by reference into this Agreement.

TheVOG.net may modify this Agreement from time to time and such modification shall be effective upon posting by TheVOG.net on the TheVOG.net website. You agree to be bound to any changes to this Agreement when you use the Site after any such modification is posted.

Carefully consider the information you post on TheVOG.net and that you provide to other Users. Your TheVOG.net Site membership profile (your "Profile") shall not include detailed personal information, such as your surname, telephone number, street address, or objectionable matter, as further described herein, such as nude photographs or other obscene, lewd or violent matter. If you become aware of misuse of the Site by any person, please contact TheVOG.net as indicated at the end of this Agreement. TheVOG.net assumes no responsibility or liability for inaccurate, inappropriate, offensive or sexually explicit material, products or services.

TheVOG.net 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 Site at any time, for any or no reason, with or without prior notice, and without liability. TheVOG.net expressly reserves the right to remove your Profile and/or restrict, suspend, or terminate your access to any part of the Site if TheVOG.net determines, in its sole discretion, that you pose a threat to TheVOG.net and/or its Users.

2.     Term.

This Agreement, and any subsequent revisions thereof, shall remain in full force and effect while you use the Site or are a Member. You may terminate your Membership at any time, for any reason. TheVOG.net may terminate your Membership at any time, without prior notice or warning. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5 through 24.

3.     Eligibility.

Use of and Membership in the Site is void where prohibited. By using the Site, you represent and warrant that (i) all registration information you submit is complete, truthful and accurate, and that you will update such information to maintain its accuracy; (ii) you are 18 years of age or older; and (iii) your use of the Site does not violate any applicable law or regulation.

4.     Choice of a Password.

When you complete registration to become a Member of TheVOG.net, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of your password. You agree to notify TheVOG.net 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 at all times.

5.     Fees.

You acknowledge that TheVOG.net reserves the right to charge for the Site and to change its fees (if any) from time to time in its sole discretion. If TheVOG.net terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees, if any.

6.     Proprietary Rights.

For purposes of this Agreement, "content” is defined as any information, communications, software, photos, video, text, graphics, music, sounds, and other material and services that can be viewed by Users of this Site.

After posting your content to the Site, you continue to retain all ownership rights in such content. By displaying or publishing ("posting") any content on or through the Site, you hereby grant to TheVOG.net a fully paid, royalty free, world-wide, non-exclusive license to use, modify, adapt, sublicense, publicly perform, publicly display, reproduce, publish, and distribute such content unless expressly provided otherwise in separate written agreement between you and TheVOG.net. The license is fully transferable via merger, acquisition, corporate divestiture, joint venture, reorganization or any similar transaction or proceeding.  This license will terminate at the time you remove your content from the Site.
You also authorize the downloading and/or printing in whole or in part of any content that you have submitted to TheVOG.net Site for use by the Members and/or Users of TheVOG.net Site.  The Company has no control over the use of any content that you have submitted to TheVOG.net Site by third parties, including other Members and Users of the Site.

By accepting this Agreement, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of us, or our Members, suppliers, partners, sponsors, or advertisers to this Site. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Trademarks, service marks, and trade dress appearing on this Site are the property of their respective owners and may not be reproduced without their owners’ express permission. Violations of our trademark rights may result in severe civil and criminal penalties.

The Site contains content of TheVOG.net ("TheVOG.net Content"). TheVOG.net Content is protected by copyright, trademark, patent, trade secret and other laws, and TheVOG.net owns and retains all rights in the TheVOG.net Content and the Site. TheVOG.net hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the TheVOG.net Content (excluding any software code) solely for your personal use in connection with viewing the TheVOG.net website and using the Site.

The Site contains content of Users and other TheVOG.net 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 Site.

7.     Content Posted.

By accepting this Agreement, you represent and warrant that: (i) you own the content posted by you on or through the Site or otherwise have the right to grant the license set forth in Section 6, and (ii) the posting of your content on or through the Site does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights, trademark rights or patent rights), contract rights or any other rights of any person or entity. 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 Site.

TheVOG.net may delete, reject, or refuse to post any content that in the sole discretion of TheVOG.net violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or entity, or harm or threaten the safety of any person or entity. TheVOG.net assumes no responsibility for monitoring the Site for inappropriate content or conduct. If at any time TheVOG.net chooses, in its sole discretion, to monitor the Site, TheVOG.net 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.

You are solely responsible for the content that you post on or through the Site, and any material or information that you transmit to other Members and for your interactions with other Users. TheVOG.net does not endorse and has no control over the content. Content is not necessarily reviewed by TheVOG.net prior to posting and does not necessarily reflect the opinions or policies of TheVOG.net. TheVOG.net 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 is transmitted between and amongst Members.

8.     Prohibited Content and Prohibited Activity.

TheVOG.net reserves the right to fully investigate and take appropriate action, legal or otherwise, against anyone who, in TheVOG.net's sole discretion, violates this Agreement, including without limitation, removing the offending communication or content from the Site and terminating the Membership of such violators.

Prohibited content and activity includes, but is not limited to that which, in the sole discretion of TheVOG.net: (i) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or harasses or advocates harassment of another person or entity; (ii) contains nudity, violence, or other offensive subject matter or contains a link to such subject matter; (iii) solicits personal information from anyone under 18; (iv) provides any telephone numbers, street addresses, last names, URLs or email addresses; (v) constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (vi) constitutes or 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; (vii) involves the transmission of "junk mail," unsolicited mass mailing, or "spamming"; (viii) contains restricted or password only access pages or hidden pages or images; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; (x) involves commercial activities and/or sales without our prior written consent from us, such as contests, sweepstakes, or advertising; (xi) includes a photograph of another person that you have posted without that person's consent; (xii) publicly posts information that poses or creates a privacy or security risk to any person or entity; or (xiii) violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights, or any other rights of any person or entity.

9.     Illegal and Other Prohibited Activity.

TheVOG.net reserves the right to fully investigate and take appropriate legal action against anyone who, in TheVOG.net's sole discretion, violates this section, including without limitation, reporting you to law enforcement authorities.

Prohibited activity includes, but is not limited to (i) 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, trademark or trade dress infringement, patent infringement, or theft of trade secrets, (ii) advertising to, or solicitation of, any Member to buy or sell any products or services through the Site, and (iii) using the Site in a manner inconsistent with any and all applicable laws and regulations.

Additionally, you may not transmit any chain letters or junk email to other Members. To protect our Members from such advertising or solicitation, TheVOG.net 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 TheVOG.net deems appropriate in its sole discretion.

Further, you may not cover or obscure the banner advertisements on your personal profile page, or any TheVOG.net page, or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.

You may not attempt to impersonate another Member, User, person, or entity or use any information obtained from the Site to harass, abuse, or harm another Member, User, person or entity. Additionally, you may not use the account, username, or password of another Member at any time or disclose your password to any third party or permit any third party to access your account, or sell or otherwise transfer your profile.

You may not display an advertisement on your profile, or accept payment or anything of value from a third person in exchange for your performance of any commercial activity on or through the Site on behalf of that person, such as placing commercial content on your profile, posting materials or information with a commercial purpose, selecting a profile with a commercial purpose, or sending private messages with a commercial purpose.

Further, you may not participate in any activity that involves the use of viruses, bots, worms, or any other computer code, any automated use of the system, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network. Also you may not participate in or attempt to participate in circumventing or modifying, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site.

10.     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 TheVOG.net’s policy to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to TheVOG.net by the copyright owner or the copyright owner's legal agent. It is TheVOG.net’s policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law, including but not limited to the Digital Millennium Copyright Act ("DMCA").

11.     If Your Copyright is Infringed.

If you believe that your work has been copied and posted on the Site in a way that violates your copyright, or provides references or links to any other websites which contain allegedly infringing materials, please immediately provide TheVOG.net’s Copyright Agent (email address below) with a written statement ("Notification of Copyright Infringement") which contains the information stated below.

Any Notification of Copyright Infringement provided to TheVOG.net must contain all of the following information as set forth in the DMCA, 17 U.S.C. § 512(c)(3):

1. The electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. Identification of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Site that is reasonably sufficient for TheVOG.net to locate the material;

4. Your name, address, telephone number, and email address;

5. A written statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;

6. A statement by you, made under penalty of perjury, that the above information in your statement is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

TheVOG.net Copyright Agent for notice of claims of copyright infringement can be reached as follows:

By E-Mail: OnlineNetwork.com, LLC
info@thevog.net

Procedure After Notification: After TheVOG.net’s Copyright Agent receives a written notification of copyright infringement which substantially complies with the requirements listed above, TheVOG.net will take the following steps:

1. TheVOG.net will disable access to or to remove the allegedly infringing material.

2. TheVOG.net will take reasonable steps to promptly notify the person who wrote or posted the allegedly infringing material (the "Alleged Infringer") that it has removed or disabled access to the material.

3. At the same time, TheVOG.net will inform the Alleged Infringer that he or she has the right to send a counter-notification ("Counter Notification") to TheVOG.net which contains all the information stated below.

4. Upon receipt of a Counter-Notification, TheVOG.net may take reasonable steps to promptly send a copy of the Counter-Notification to the person who provided the original notification (the "Copyright Owner").

5. At the same time, TheVOG.net will inform the Copyright Owner that TheVOG.net will replace the material it removed or will cease disabling access to it in ten (10) business days.

6. TheVOG.net will replace the material it removed or will cease disabling access to it in not less than ten (10) and in not more than fourteen (14) business days following receipt of the Counter-Notification. It will do this unless its Copyright Agent receives a notice from the Copyright Owner that the Copyright Owner has filed an action seeking a court order to restrain the Alleged Infringer from engaging in infringing activity relating to the material on TheVOG.net’s system or network. TheVOG.net must not be listed as a party to the action; any lawsuit should solely be between the Copyright Owner and the Alleged Infringer.

Counter-Notification: To send a Counter-Notification, the Alleged Infringer should provide TheVOG.net’s Copyright Agent (see name and address above) with a written statement which contains all of the following information:

1. The electronic or physical signature of the Alleged Infringer or a person authorized to act on his or her behalf.

2. Identification of the material which TheVOG.net removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

3. A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. The Alleged Infringer’s name, address and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of the Federal District Court for the judicial district in which the Alleged Infringer’s address is located. If the Alleged Infringer’s address is outside the United States, the Alleged Infringer must include a statement that he or she consents to jurisdiction of the Federal District Court for any judicial district in which TheVOG.net may be found. The Alleged Infringer’s written statement must also state that he or she will accept service of process from the person who provided the original notification of copyright infringement or from that person’s agent.

Misrepresentation: Please note that under Section 512(f) of the DMCA, 17 U.S.C. § 512, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

12.     Disclaimer of Responsibility for Material Posted at Other "Linked” Websites.

Profiles created and posted by Members on the TheVOG.net website may contain links to other websites. TheVOG.net 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 TheVOG.net. Inclusion of any linked website on the Site, including advertisers on the Site, does not imply approval or endorsement of the linked website by TheVOG.net or affiliation with TheVOG.net. When you access these third-party sites, you do so at your own risk. TheVOG.net takes no responsibility for third party advertisements which are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. 

13.     Disclaimer of Responsibility for Communication and/or Technical Problems.

TheVOG.net assumes no responsibility for any error, omission, interruption, deletion, defect, delay or the like in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. TheVOG.net 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 TheVOG.net services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site.

TheVOG.net assumes no responsibility for any unauthorized access to or use of our secure servers and/or any personal information and/or financial information stored therein. TheVOG.net is not responsible for any bugs, viruses, or the like which may be transmitted to or through our website by any third party.

14.    Disclaimer of Responsibility for Loss or Damage.

Under no circumstances shall TheVOG.net, its officers, directors, employees, agents or its affiliates, if any, be responsible for any loss or damage whatsoever, including personal injury or death, resulting from use of the Site, from any content posted on or through the Site, from any third party advertisements posted on the site, or from the conduct of any Users of the Site, whether online or offline.

15.     Disclaimer of All Express and Implied Warranties.

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. THE SITE IS PROVIDED "AS-IS" AND AS AVAILABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, TheVOG.net, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TheVOG.net CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE.

16.     Limitation on Liability.

IN NO EVENT SHALL TheVOG.net ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF TheVOG.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TheVOG.net’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 TheVOG.net FOR THEVOG.NET SERVICES DURING THE TERM OF MEMBERSHIP.

YOU SPECIFICALLY ACKNOWLEDGE THAT TheVOG.net SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FORGOING RESTS ENTIRELY WITH YOU.

THE LIMITATION ON LIABILITY PROVIDED IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

THE SITE IS CONTROLLED AND OFFERED BY THEVOG.NET FROM ITS FACILITIES IN THE UNITED STATES. TheVOG.net MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. IF YOU ACCESS OR USE THE SITE FROM ANOTHER JURISDICTION, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

17.     U.S. Export Controls.

Software available in connection with the Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

18.     Member Disputes.

You acknowledge and agree that you are solely responsible for your interactions with other TheVOG.net Members. TheVOG.net reserves the right, but has no obligation, to monitor disputes between you and other Members. You agree that TheVOG.net, its officers, directors, employees, agents and affiliates shall not be liable for content or user submissions, or the defamatory, offensive, or illegal conduct of any third party.

19.     Disputes.

If there is a dispute about or involving the Site, you agree that the dispute shall be governed by the laws of the State of Tennessee, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of Davidson County, Tennessee. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION, INCLUDING, BUT NOT LIMITED TO, CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS, ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

20.     Arbitration.

Either TheVOG.net or you may demand that any dispute between TheVOG.net and you about or involving the Site must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Davidson County, Tennessee, provided that the foregoing shall not prevent TheVOG.net from seeking injunctive relief in a court of competent jurisdiction.

21.     Indemnity.

As a condition of your use of this Site, you warrant to us that you will not use this Site for unlawful purposes or in ways that are prohibited by this Agreement or that could damage or disable this Site or interfere with any other party's use and enjoyment of this Site. You agree to defend, indemnify and hold harmless TheVOG.net, its officers, directors, employees, partners, agents, and its affiliates from and against any and all claims, damages, obligations, losses, liabilities, claims, costs, debts, expenses, or demands, including, but not limited to, reasonable attorneys' fees, arising from or out of: (i) your use of and access to this Site, (ii) your violation of this Agreement, (iii) your breach of this Agreement, (iv) your breach of your representations and warranties provided in this Agreement, (v) your violation of any third party right, including, without limitation, any copyright, proprietary, property, or privacy right, or (vi) any claim arising from any content you post on or through the Site that caused damage to a third party. This indemnification will survive this Agreement and your use of the Site.

22.     Children’s Online Privacy Protection Act.

Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at this Site from those we actually know are under 13 years of age, and no part of this Site is structured to attract anyone under 13 years of age.

23.     Privacy.

Use of the Site is also governed by our Privacy Policy, which is incorporated by reference into this Agreement.

24.     Miscellaneous.

This Agreement is accepted upon your use of the TheVOG.net or of the Site and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and TheVOG.net regarding the use of the Site. The failure of TheVOG.net 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.

This Agreement operates to the fullest extent permissible by law. You may not assign your rights and obligations under this Agreement to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under this Agreement, including the Privacy Policy which is incorporated herein by reference.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Please contact us at: info@thevog.net with any questions regarding this Agreement.

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