TERMS OF SERVICE

As of January 14, 2006

Welcome to Pherotones.com ("Site"), a website maintained by the business known as Pherotones.com ("Operator").  By accessing and using this Site, you ("You" or "Your") agree to be bound by the terms and conditions contained in this agreement ("TOS").

READ THIS TOS CAREFULLY BEFORE REGISTERING WITH THE SITE AND/OR USING THE TESTIMONIAL SUBMISSION FEATURE OF THE SITE (“TESTIMONIAL FEATURE”).  IF YOU DO NOT AGREE TO THIS TOS IN FULL YOU MAY NOT USE THE TESTIMONIAL FEATURE.  BY REGISTERING WITH THE SITE AND/OR USING THE TESTIMONIAL FEATURE, YOU INDICATE AND ACKNOWLEDGE THAT YOU HAVE READ AND AGREED TO THIS TOS IN FULL.

Registration:  You represent and warrant that You are 18 or older, that You will provide truthful information when registering with the Site, and that You will not use any aliases or other means to mask Your true identity.

Privacy Policy.  By registering with the Site, You agree to receive e-mail messages from Operator, its agencies, related businesses, affiliates and designees (together, “Company”) regarding offers, service enhancements and other announcements.

Testimonial Submissions:  You represent and warrant that You will not engage in any unsafe, illegal and/or antisocial activity in connection with and/or for the direct or indirect purpose of using the Testimonial Feature.

You represent and warrant that all text, graphics, photographs and/or other materials submitted to the Site (together, “Submissions”) are Your original and independent creations – In other words, they are created solely by You and do not copy or otherwise incorporate any part of any third party materials.  You represent and warrant that the Submissions, and all rights therein, are Your sole and exclusive property, and that the Submissions do not violate any copyright, trademark, right of publicity, right of privacy and/or other proprietary right of any third party.  You agree that the Submissions will not be returned to You.

You represent and warrant that the Submissions will not be inappropriate, objectionable, disparaging, abusive, harassing, offensive, defamatory, threatening, profane and/or obscene, and will not discuss, depict, concern and/or prompt unsafe, illegal and/or antisocial activity.

You represent and warrant that the Submissions will not contain the name, photograph, image, likeness, statements, biographic details and/or other identifying trait (together, “Persona”) of any persons other than You, unless You have obtained prior written permission from each such person for You to post such person’s Persona on the Site, and for Company to publicly display, edit, alter, distort, create derivative works from, and otherwise use such person’s Persona, without restriction of any kind and in Company’s sole discretion, in connection with advertising, promotion, publicity and other marketing for Pherotones and any other ringtone-related goods and services, all in any and all media, worldwide, in perpetuity, and royalty- and other compensation-free.

You hereby grant Company the right to publicly display, edit, alter, distort, create derivative works from, and otherwise use the Submissions, including without limitation Your Persona, without restriction of any kind and in Company’s sole discretion, in connection with advertising, promotion, publicity and other marketing for Pherotones and any other ringtone-related goods and services, all in any and all media, worldwide, in perpetuity, and royalty- and other compensation-free.

You agree that Company will have no obligation to publicly display or otherwise use the Submissions on the Site or in any other way.  You further agree that that Company will have the sole right to remove, disable access to and/or otherwise cease use of any Submissions for any reason whatsoever, including without limitation any Submissions that allegedly and/or actually (i) discusses, depicts, concerns and/or may prompt unsafe, illegal and/or antisocial activity, (ii) violates the proprietary right of any third party, and/or (iii) is inappropriate, objectionable, disparaging, abusive, harassing, offensive, defamatory, threatening, profane and/or obscene, all in Company’s sole discretion.

Third Party Claims and Digital Millennium Copyright Act ("DMCA") Notice:  Company respects the proprietary rights of all third parties.  To the best of Company’s knowledge, the Site and any Submissions displayed on the Site do not infringe the copyrights or other rights of any third parties.  Any claim that the Site and/or a Submission violates a third party right should made in writing and sent to Company at webmaster@pherotones.com (“Designated Agent”).

Third Party Postings and Use:  You acknowledge and agree that Company may not be able to control the content posted to the Site by third parties, and You release Company of all liability for any such content.  In addition, You acknowledge and agree that Company has no control over the use of the Submissions by third parties with access to the Site, and You release Company of all liability for all such user.

Unauthorized Access:  You represent and warrant that You will not to attempt to (i) gain unauthorized access to the Site, any restricted portion of the Site and/or any third party content on the Site, (ii) exceed Your permitted use of the Site, and/or (iii) interfere or otherwise compromise the performance and/or any aspect of the Site, its network and/or its host computer.  You represent and warrant that You will not send unsolicited e-mail through the Site, including without limitation any advertising of goods and/or services.  You represent and warrant that You will not forge any TCP/IP packet header and/or any part of the header information in any e-mail message or posting.

Site Ownership:  You will have no rights of any kind in the Site, except as expressly set forth in this TOS.  All Site content, including without limitation the Pherotones trademark and music, and the software that operates the Site, is the property of Company, and You may not use that content in any way without the prior written permission of Operator.  To seek such permission, write to the Designated Agent at webmaster@pherotones.com.

Indemnity:  You agree to indemnify, defend, hold harmless and release Company, and its individual directors, officers, employees, agents and independent contractors, from all liability for any injuries, losses, damages, claims, actions, costs and expenses of any kind (including reasonable attorneys fees) arising from and/or relating to (i) Your breach of any representation, warranty and/or other provision of this TOS, (ii) any third party claim arising from the Submission, including without limitation any copyright, trademark, right of publicity, right of privacy, defamation, emotional distress and/or negligence claim, and/or (iii) Your negligence and/or willful misconduct.

General:  Except to the extent any rules, policies, terms and/or conditions are posted on the Site in connection with any individual service that You access on the Site, this TOS represents the entire agreement between You and Company.  Company reserves the right to change this TOS at any time without prior notice by posting a revised TOS on the Site.  Company encourages You to check the Site periodically for any updates to this TOS.  The laws of the State of North Carolina govern this TOS, and You hereby expressly consent to jurisdiction and venue of any disputes arising from and/or relating to this TOS, the Site and/or the Submissions in the state and/or federal courts located in Durham County, North Carolina.

Warranty.  THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS,” AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH ANY BREACH OF SECURITY ASSOCIATED WITH THE SITE, ALL TO THE FULLEST EXTENT PERMISSIBLE BY LAW.  FURTHER, COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES IN CONNECTION WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED AND/OR ERROR-FREE OPERATION, VIRUS-FREE CONTENT, AND/OR DEFECT CORRECTION.