Terms of Service

Date of last revision: March 22nd, 2010

Intro

Welcome to DirtyPhoneBook.com

Thank you for giving us a chance to serve you. It is our intention at DirtyPhoneBook to keep DirtyPhoneBook Services absolutely 100% FREE, for your enjoyment.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, OBLIGATIONS, VARIOUS LIMITATIONS, EXCLUSIONS AND A DISPUTE RESOLUTION CLAUSE (A CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED) BEFORE USING THE SERVICES AND/OR ACCESSING THE WEBSITE. BY ACCESSING THIS WEBSITE OR USING ANY PART OF THE WEBSITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED HEREIN), YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE THE CONTENT OR ANY SERVICES.

WHEN WE DEVELOPED OUR SOFTWARE AND BUILT OUR WEBSITE, WE DID NOT POPULATE IT WITH A SINGLE PHONE NUMBER, OR ANY OTHER PIECE OF INFORMATION. IT IS THE ACTIONS OF THE USERS, SUCH AS SEARCHING FOR PHONE NUMBERS AND POSTING CONTENT THAT CREATES RECORDS IN OUR DATABASE. THUS IT IS IMPORTANT FOR ALL USERS TO BE RESPONSIBLE, MINDFUL, AND CONSCIENTIOUS, WHEN USING DIRTYPHONEBOOK.COM. REMEMBER, YOUR PARTICIPATION ON THE DIRTYPHONEBOOK WEBSITE MAY AFFECT OTHER PEOPLE, SO PROCEED WITH CAUTION.

1. Accepting the Terms of Service

By using and/or visiting DirtyPhoneBook or the mobile version thereof (collectively, including all content and functionality the "Website", or the "the Service(s)", or the "Software", or "DirtyPhoneBook", or "We") you signify that you have read, understand, and agree to be bound by (1) the Terms of Service Agreement described below, (2) DirtyPhoneBook's Privacy Policy, found at http://www.dirtyphonebook.com/privacy and incorporated here by reference. If you do not agree to any of the Terms of Service and/or the Privacy Policy, please do not use the DirtyPhoneBook Website and or the Services.

The services offered by DirtyPhoneBook include any DirtyPhoneBook-branded URL (the "DirtyPhoneBook Website"), DirtyPhoneBook messaging services (including, without limitation, SMS text messaging, and email services), DirtyPhoneBook mobile services, and any other features, content, or applications offered from time to time by DirtyPhoneBook in connection with DirtyPhoneBook's business (collectively, the "DirtyPhoneBook Services").

This Terms of Service Agreement ("Agreement", or "Terms", or "Terms of Service", or "Terms of Use", or "Terms and Conditions") sets forth the legally binding terms for your use of the DirtyPhoneBook.com Services. By using the DirtyPhoneBook.com Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the DirtyPhoneBook Website and use some of our features) or you are a "Member" (which means that you have registered with DirtyPhoneBook.com and have a valid account). The term "User" refers to a Visitor or a Member. You are only authorized to use the DirtyPhoneBook Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the DirtyPhoneBook Services, you indicate your acceptance of this Agreement during the registration process.

You may not use the Services as a "Visitor" or as a "Member" and you may not accept the Terms if you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

Please read this Agreement carefully and save it. If you do not agree with it, you should leave the DirtyPhoneBook.com Website and discontinue use of the DirtyPhoneBook.com Services immediately.

2. Changes to Terms of Service

We reserve the right, at our sole discretion, to change, modify, temporarily suspend, add, or delete portions of these Terms of Service or replace the entire agreement at any time without notice to you. If we do this, we will post the newly modified version of the Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Such modification to Terms of Service shall be effective immediately upon posting by DirtyPhoneBook on the DirtyPhoneBook Website. Your continued use of the Service or the Website after DirtyPhoneBook posts a revised Terms of Service Agreement signifies your acceptance of the new (revised) Terms of Service Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Website. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Service and to review such changes. You can review the most current version of these Terms by clicking on the "Terms of Service" hypertext link located at the bottom of our homepage.

3. Eligibility

Use of the DirtyPhoneBook Services and/or registration to be a Member for the DirtyPhoneBook Services ("Membership") is void where prohibited.

The Website and/or Services are not intended for use by persons under the age of eighteen (18) years, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. The Website and/or Services are intended solely for users who are eighteen (18) years of age or older. DirtyPhoneBook does not verify the age of its users. Any registration by, use of, or access to the Website and/or Services by anyone under eighteen (18) years of age, is unauthorized, unlicensed and in violation of these Terms of Service.

Some areas on our Website may contain information, topics, and/or content intended for mature audiences, which may not be suitable for some adults (regardless if they are eighteen (18) years of age or older). You acknowledge that you are at least eighteen (18) years of age or older and that you will access such areas, information, topics and/or content at your own risk.

DirtyPhoneBook does not have the ability to block minors from the Website. In order to protect minors from certain Content, you can retain a third party service provider to block inappropriate Content from displaying on your Web browser. DirtyPhoneBook does not provide and cannot provide a third party provider to perform such services. DirtyPhoneBook does not endorse and cannot endorse the quality and capabilities of such services.

If you are eighteen (18) years of age or older, and you use (or intend to use) the Website and/or Services, you agree that you will not expose minors to any Content on the Website deemed inappropriate for minors.

By using the Website and/or Services, you represent and warrant that you are eighteen (18) years of age or older and that you agree to abide by all of the terms and conditions of this Agreement. You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you do not so qualify, do not attempt to register for or use the Services.

4. Registration, Password & Account Security

In order to access some features of the Website, you will have to register, create a DirtyPhoneBook account and become a Member. You agree not to use the account, username, or the password of another Member at any time. When you register, you will be required to select a username and a password. When you create your account, you must provide accurate, truthful, current and complete information about you as it may be prompted by any registration forms on the Website (collectively known as "Registration Data"). You agree to maintain the accuracy of Registration Data and promptly update the Registration Data, and any other information you provide to DirtyPhoneBook, to keep it correct, current and complete. Failure to do so shall constitute a breach of the Terms of Service Agreement.

You may not impersonate, imitate or pretend to be somebody else or misrepresent yourself or your affiliation with any person or entity when registering and/or setting up an account on the Website. You may not use as a DirtyPhoneBook username a name subject to any rights of a person other than you without appropriate authorization. You may not authorize others to use your Registration Data. You may not sub-license, transfer, sell or assign your Registration Data and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement.

You are solely responsible for all use of your account and for any actions that take place using your account. You agree not to disclose your password to any third party at any time and for any reason. You agree to maintain the security of your account password and your Registration Data. You are solely responsible for the use of your account, regardless if another person might have access to any computer on which your account resides or is accessible.

You agree to ensure that you exit from your account at the end of each session by properly login out. DirtyPhoneBook cannot and will not be liable for any loss or damage arising from your failure to properly log out from your account.

DirtyPhoneBook will not be liable for your losses caused by any unauthorized use of your account. You may be liable for the losses of DirtyPhoneBook or others due to any unauthorized use of your account.

We reserve the right but are not obligated to refuse registration of, or cancel any DirtyPhoneBook username in our own discretion, for any or no reason and at any time, without notice. We reserve the right but are not obligated to temporarily suspend, or permanently delete any DirtyPhoneBook account in our own discretion, for any or no reason and at any time, without notice.

5. Electronic Communication Policy, Interstate Data Transmission & Your Consent

When you visit DirtyPhoneBook.com, send e-mails or SMS text messages to us, you are communicating with us electronically. You give us consent to provide you with required notices, agreements and information concerning our Services electronically (collectively know as "Electronic Communications"). We will communicate with you by e-mail, SMS text messages or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When we communicate with you electronically, such Electronic Communication(s) may not be received if you violate these Terms of Services by accessing the Website or the Service in unauthorized manner. Your agreement to these Terms of Service constitutes your agreement that you are deemed to have received any and all Electronic Communications that would have been delivered had you accessed the Website or the Service in an authorized manner. If you want to withdraw your consent to Electronic Communication(s) (including but not limited to, receiving notices and other information concerning our Services electronically) you must discontinue your use of our Services.

When you register with DirtyPhoneBook.com, you acknowledge that in using DirtyPhoneBook.com Services to send and receive Electronic Communications you will be causing communications to be sent through DirtyPhoneBook's computer networks, portions of which may be located in various states and other locations throughout the United States. As a result, and also as a result of DirtyPhoneBook's network architecture and business practices and the nature of Electronic Communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to these Terms of Services, you acknowledge that use of Services may result in interstate data transmissions.

You acknowledge and agree that, other than connecting to our servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means - including, without limitation, by using administrator password or by masquerading as an administrator while using the Website or otherwise.

6. Access Cost

In order to use our Website and/or access our Services, you must obtain access to the World Wide Web (from a third party provider) and pay any service fee(s) associated with that access (including, but not limited to Internet Service providers or air time charges). You are also responsible for the fees associated with the display and/or delivery of advertisements. You will need to provide all equipment necessary to connect to the Website on the World Wide Web (including, but not limited to a computer, modem, and/or other access devices). If you use a telephone line for access, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, wireless, data or text messaging charges apply if you access our Services through wireless applications (e.g. cell phones). Check with your carrier to verify whether there are any such fees that may apply to you.

You acknowledge and agree that DirtyPhoneBook is not a navigational aid, and you agree and warrant that DirtyPhoneBook will not be relied upon in connection with navigation.

DirtyPhoneBook reserves the right, at any time, without specific notice to you, to impose or restructure any fees charged for the use of or access to the DirtyPhoneBook Services, Website or Content.

7. User Conduct

DirtyPhoneBook does its best to keep the Website and Services safe, but we cannot guarantee it. Please act responsibly when using the Website and/or the Services. Without limitation, you agree not to do any of the following while using the Services, Website or Content:

A. To post or transmit Content that:

misappropriates, violates or infringes any party's intellectual property, or otherwise make available any content that you do not have a right to make available under applicable law or under contractual or fiduciary relationships, including, but not limited to, patents, trademarks, trade secrets, copyrights, confidential information, publicity rights, privacy rights, moral rights or any other proprietary rights of any person or entity;

is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

victimizes, degrades, intimidates, harasses or advocates harassment of an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

exploits people in a sexual or violent manner;

contains excessive violence or offensive subject matter;

solicits or is designed to solicit personal information from anyone;

publicly discloses information that poses or creates a privacy or security risk to any person;

displays anyone's identification documents or sensitive financial information;

constitutes or promotes information that you know is false, fraudulent, deceptive or misleading or promotes illegal activities or conduct that is abusive, threatening, harassing, deceptive, fraudulent, obscene, vulgar, defamatory, tortious, libelous or invasive of another's privacy;

contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making, selling or buying illegal weapons, violating someone's privacy, or providing, creating or uploading computer viruses or other malicious code;

solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

includes a photograph or video of another person that you have posted without that person's consent; or

shall create or could potentially create a liability for DirtyPhoneBook or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and/or shareholders.

B. To engage in activities that:

are unlawful, misleading, malicious, or discriminatory;

solicit, collect or store personal data about other Users;

are criminal or tortious, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, promoting or soliciting prostitution, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

promote illegal or harmful activities or substances;

seek to exploit or harm children or minors by exposing them to inappropriate content;

advertise to, or solicit any User to buy or sell any products or services through the unauthorized or impermissible use of the DirtyPhoneBook Services. In order to protect DirtyPhoneBook Users from such unauthorized advertising or solicitation, DirtyPhoneBook reserves the right to restrict the amount of Content that a User can post or upload, number of Emails or SMS Text Alerts which a User may send to other Users, in any consecutive 24-hour period to an amount or number which DirtyPhoneBook deems appropriate in its sole discretion. If you breach this Agreement and surpass the permitted amount of Content that can be posted or uploaded in any consecutive 24-hour period or send or cause to send (directly or indirectly) unsolicited bulk Emails or SMS Text Alerts or other unauthorized commercial communications of any kind on or through the DirtyPhoneBook Services, you acknowledge that you will have caused substantial harm to DirtyPhoneBook, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay DirtyPhoneBook one hundred dollars ($100.00) for each actual or intended unsolicited posting, upload, Email or SMS Text Alert or other unauthorized commercial communication you send, post, or upload on or through the DirtyPhoneBook Services;

involve the transmission of "junk mail," "chain letters," "mail-bombs" or unsolicited mass phone calls, telemarketing, mailing, SMS Text messaging, instant messaging, "spimming," or "spamming" on or through the Website, Services or to other Users;

solicit funds, advertisers or sponsors;

use, display, mirror, frame or utilize framing techniques to enclose the Website, or any individual element, materials or any and all Content (including but not limited to User-Generated Content) within the Website or the Services, DirtyPhoneBook' name(s), any DirtyPhoneBook trademark(s), logo(s) or other proprietary information or the layout and design of any page or form contained on a page, without DirtyPhoneBook's express written consent;

use invalid or forged headers to disguise the origin of any Content, including but not limited to User-Generated Content, transmitted to or through DirtyPhoneBook's computer systems or Services, or otherwise misrepresent yourself or the source of any message or Content;

use any meta tags or other hidden text or metadata that utilize DirtyPhoneBook's trademark(s), logo(s), or URL(s) without our express written consent;

access, tamper with, or use non-public areas of the Website, DirtyPhoneBook's computer systems, or the technical delivery systems of DirtyPhoneBook's providers; attempt to probe, scan, or test the vulnerability of any DirtyPhoneBook system or network or breach, circumvent or modify any security, Notification or Authentication System;

compromise security or tamper with system resources and/or user accounts. To use or distribute tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools).

avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by DirtyPhoneBook or any of DirtyPhoneBook's providers or any other third party (including but not limited to another user) to protect the Services, Website or Content;

involve the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment or otherwise permit the unauthorized use of or access to a computer or a computer network;

use any robot, spider, scraper or other automated means to access the DirtyPhoneBook Service or Website for any purpose without DirtyPhoneBook's written permission or bypass DirtyPhoneBook's robot exclusion headers or other measures we may use to prevent or restrict access to the DirtyPhoneBook Service or Website;

could disable, overburden, or impair the proper working of DirtyPhoneBook, such as, but not limited to, a denial of service attack.

interfere with, disrupt, or create an undue burden on the DirtyPhoneBook Website or Services or servers or the networks or services connected to the DirtyPhoneBook Website or Services or disobey any requirements, procedures, policies or regulations of networks connected to the DirtyPhoneBook Website or Services;

attempt to access or search the Services, Website or Content or download Content from the Services or Website other than the Software and/or search agents provided by DirtyPhoneBook or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Google Chrome);

forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services, Website or DirtyPhoneBook Content to send altered, deceptive or false source-identifying information;

provide or use "tracking" or monitoring functionality in connection with the DirtyPhoneBook Services, including, without limitation, to identify other Users' views, actions or other activities on the Services;

cover or obscure advertisements and/or safety features on any DirtyPhoneBook pages via HTML/CSS or any other means;

use automated systems, such as, but not limited to, using scripts to add Contacts, send Emails or SMS Text Alerts or post/transmit any and all Content;

interfere with, or attempt to interfere with, the access or use of DirtyPhoneBook Services by other user(s), host(s) or network(s);

impersonate or attempt to impersonate DirtyPhoneBook, a DirtyPhoneBook employee, administrator or moderator, another User, person, licensed professional, business or entity (including, but not limited to, the use of email addresses or usernames associated with or of any of the foregoing); imply or pretend your affiliation with a company or organization with which you are not affiliated, or misrepresent the extent of your affiliation or role with an affiliated company or organization;

use the account, username, or password of another User at any time or disclose your password to any third party or solicit login information belonging to another User or permit any third party to access your account;

sell or transfer your Account including but not limited to Contacts, MyDPB (users' phone book), your username, "number profile", "Authenticated Signature Number", "SMS Notification Number" or URL;

have the intention of artificially inflating or altering "thumbs count", "star rating", "vote count", "dashboard submissions", comments, replies, questions, answers, "GPS events", or any other Content on or through the DirtyPhoneBook Website or Services, including by way of creating separate user accounts for the purpose of artificially altering DirtyPhoneBook's Content, Website, and/or Services; give or receive money or other remuneration in exchange for votes or to induce a strategic upload or posting of User-Generated Content to specifically targeted pages; request or otherwise attempt to influence any third party to manipulate or otherwise affect DirtyPhoneBook's Content, Website, and/or Services in any manner; or participate in any other organized effort that in any way artificially alters the results of DirtyPhoneBook's Content, Website, and/or Services;

use or distribute any information obtained from the DirtyPhoneBook Services in order to harass, abuse, or harm another person or entity, or attempt to do the same;

involve any commercial activities without prior written consent and/or authorization from DirtyPhoneBook. Prohibited commercial activities include but are not limited to, any of the following actions taken on the Website and/or Services without DirtyPhoneBook's express approval:

administering contests, giveaways, sweepstakes ("promotion") or any unlawful multi-level marketing, such as pyramid schemes;

sale of access to the Website and/or Services or sale of access to DirtyPhoneBook's User-Generated Content on another website;

use of the Website or its related Services, for the primary purpose of gaining advertising or subscription revenue or promoting barter;

selling of advertising, on the DirtyPhoneBook Website and/or Services, targeted to specific Number Profiles or User-Generated Content;

displaying any unauthorized commercial advertisement on any DirtyPhoneBook pages, or accepting payment or anything of value from a third person in exchange for your performance of any commercial activity through the unauthorized or impermissible use of the DirtyPhoneBook Services on behalf of that person, such as, but not limited to, placing commercial content on any DirtyPhoneBook pages, links to e-commerce sites not authorized by DirtyPhoneBook, posting Content with a commercial purpose, selecting a Number Profile with a commercial purpose as one of your "Top 10", or sending Email or SMS Text Alerts with a commercial purpose;

use of the Website or its related Services that DirtyPhoneBook finds, in its sole discretion, to use DirtyPhoneBook's resources or User-Generated Content with the effect of competing with or displacing the market for DirtyPhoneBook or its User-Generated Content.

relay email from a third party's mail server without the permission of that third party;

use any automated systems, including, but not limited to, scripts, spiders or bots in order to harvest email addresses, telephone numbers, Number Profiles, usernames, Content, advertising partners or other data from the DirtyPhoneBook Website or Services for the purpose of sending or transmitting unsolicited or unauthorized material or communications;

either directly or indirectly, or encourage others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent;

use the DirtyPhoneBook Services in a manner inconsistent with any and all Applicable Law or Regulation; or

facilitate or encourage others to violate this agreement.

DirtyPhoneBook reserves the right but is not obligated to investigate and prosecute violations of any of the above, to the fullest extent of the law. DirtyPhoneBook may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service.

DirtyPhoneBook cannot review or control any and all Content posted by third parties to the Website and/or Services, and does not guarantee the accuracy, truthfulness, correctness, integrity or quality of such Content. DirtyPhoneBook does not endorse any User-Generated Content or any opinions, recommendations, or advice expressed therein. You understand that by using the Website and/or Services you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable and you agree that under no circumstances will DirtyPhoneBook be liable in any way for any and all Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any and all Content, the Website and/or Services. You expressly acknowledge and agree that you use the Website and/or Services at your own risk and you are solely responsible for your interactions with other users of DirtyPhoneBook. DirtyPhoneBook reserves the right, but has no obligation, to monitor disputes between you and other users.

You recognize that posting, uploading, distributing or transmitting unlawful material could expose you to criminal and/or civil liabilities. You agree that if a third party claims that material you have contributed to the Website and/or the Services is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted, uploaded or privately transmitted on or through the Website and/or the Services is the sole responsibility of the sender, not DirtyPhoneBook. You shall be solely responsible for all material you upload, post or otherwise transmit to or through the Website and/or Services and the consequences of posting, uploading or transmitting such material.

You acknowledge and agree that DirtyPhoneBook has no obligation to monitor your access to or use of the Website and/or Services, to review or edit any and all Content posted to or created by you and other users (User-Generated Content) accessing the Website and/or Services, or to block users who submit, transmit, post or upload inappropriate content, but DirtyPhoneBook reserves the right to do so for the purpose of operating the Website and/or Services, to comply with the order or requirement of a court, or other governmental body.

DirtyPhoneBook and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Website and/or Services for inappropriate Content.

DirtyPhoneBook and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from any Content (including but not limited to User-Generated Content), users' conduct on or off the Website and/or Services, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.

You acknowledge and agree that by providing you with the ability to view, transmit, post or upload User-Generated Content and/or to communicate with other users through the Website and/or Services, DirtyPhoneBook is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to any and all Content or users' conduct.

DirtyPhoneBook reserves the right, at any time and without prior notice, to remove or disable any User's Account and/or access to any Content (or portions of it) including but not limited to any User-Generated Content, that DirtyPhoneBook, in its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Website or DirtyPhoneBook Services.

8. Proprietary Rights in Content on DirtyPhoneBook

As used in this Agreement, "User-Generated Content" means all information, data, text, files, software, applications, musical works, sounds, photographs, images, graphics, videos, works of authorship, messages, SMS text messages, tags, or any other materials (collectively, "User-Generated Content") that users publically or privately transmit, submit, display or publish ("post") on, through or in connection with the DirtyPhoneBook Services.

You acknowledge and expressly agree that all User-Generated Content is the sole responsibility of the person from whom such User-Generated Content originated. This means that you, and not DirtyPhoneBook, are entirely responsible for all of your own User-Generated Content that you upload and the consequences of publishing ("posting"), emailing, transmitting, displaying, submitting or otherwise making this User-Generated Content available via the Website and the Services. DirtyPhoneBook does not control the User-Generated Content posted via the Website and the Services and, as such, does not guarantee the accuracy, integrity, quality or confidentiality of such User-Generated Content. DirtyPhoneBook does not endorse any User-Generated Content and DirtyPhoneBook expressly disclaims any and all liability in connection with User-Generated Content.

You retain copyright and any other rights you already hold in your User-Generated Content which you publically or privately transmit, submit, display or publish ("post") on, through or in connection with the DirtyPhoneBook Services, subject to the license herein. By transmitting, submitting, displaying, or publishing ("posting") your User-Generated Content on, through or in connection with the DirtyPhoneBook Services, you hereby grant to DirtyPhoneBook a license to copy, use, sell, rent, lease, loan, modify, delete from, add to, adapt, translate, publish, publically perform, publically display, reproduce, distribute and make derivative works of your User-Generated Content on, through or in connection with the DirtyPhoneBook Services, including, without limitation, through the DirtyPhoneBook Services to applications, widgets, websites or mobile, desktop or other services which are linked with your DirtyPhoneBook account, including, without limitation, distributing part or all of the DirtyPhoneBook Services and any User-Generated Content included therein, in any media formats and through any media channels. You acknowledge and expressly agree that this license includes a right for DirtyPhoneBook to make any and all User-Generated Content available to other companies, affiliates, subcontractors, and other organizations or individuals with whom DirtyPhoneBook has relationships for the provision of syndicated services, and to use any and all User-Generated Content in connection with the provision of those services.

You acknowledge and expressly agree that DirtyPhoneBook, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User-Generated Content over various public networks and in various media; and (b) make such changes to your User-Generated Content as are necessary to conform and adapt that User-Generated Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit DirtyPhoneBook to take these actions.

The license you grant to DirtyPhoneBook is perpetual, irrevocable, worldwide, unrestricted, royalty-free, transferrable, non-exclusive and fully sub-licensable to use and to exploit your User-Generated Content.

You represent, confirm and/or warrant to DirtyPhoneBook that: (i) you own the Content posted by you on, through or in connection with the DirtyPhoneBook Services, or otherwise have all the necessary rights, powers, licenses, consents, permissions and authority to grant the above license to DirtyPhoneBook, and (ii) the posting of your Content on, through or in connection with the DirtyPhoneBook Services does not violate the privacy rights, publicity rights, copyrights, 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 or entity by reason of the use of any Content posted by you on or through the DirtyPhoneBook Services.

9. Use of Content, Website and Services

In addition to the general restrictions as set forth in these Terms of Service, the following restrictions and conditions apply specifically to your use of the DirtyPhoneBook Website, Services and the Content. DirtyPhoneBook hereby grants you a personal, non-commercial, world-wide, revocable, non-assignable, non-sub-licensable, non-transferable, and non-exclusive permission to access and use the Website as set forth in these Terms of Service, provided that:

You agree to use the DirtyPhoneBook Website, Services and Content only for personal, non-commercial, entertainment purposes, on a single computer only, and you are subject to keep intact all copyright and other proprietary notices.

You agree not to use the DirtyPhoneBook Website and/or Services on behalf of, or per the request, or instruction of any third party.

You agree not to distribute in any medium, any part of the Website, including but not limited to User-Generated Content, without DirtyPhoneBook's prior written authorization.

You agree not to and you will not permit anyone else to copy, modify, alter, create a derivative work of, reverse engineer, decompile, disassemble or otherwise attempt to extract (or reduce) the source code of the Software or any part thereof into a readable form in order to examine the construction of such Software and/or to copy or create other products based (in whole or in part) on such Software, unless you have been given written authorization to do so from DirtyPhoneBook

You agree not to access User-Generated Content or any and all Content on the Website, through any technology or means other than any explicitly authorized means designated by DirtyPhoneBook.

You agree not to use the Website for any commercial use, without the prior written authorization of DirtyPhoneBook. Prohibited commercial uses include, but are not limited to, any of the following actions taken without DirtyPhoneBook's express written approval:

Sale of access to the Website or any and all Content or Services;

Use of the Website or any and all Content or Services for the purpose of gaining advertising or subscription revenue;

The sale of advertising, on the Website or any third-party website, targeted to the content of specific User-Generated Content or any and all Content on the DirtyPhoneBook Website and/or Services;

Any use of the Website or any and all Content or Services that DirtyPhoneBook finds, in its sole discretion, to use its resources or User-Generated Content with the effect of competing with or displacing the market for DirtyPhoneBook's Website, any and all Content, or Services.

You agree not to use or launch any automated systems, including but not limited to, "robots," "spiders," or "offline readers," that access the Website in a manner that sends more request messages to the DirtyPhoneBook servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, DirtyPhoneBook grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. DirtyPhoneBook reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User-Generated Content.

The Website, Services, and any and all Content are subject to and protected by copyright, trademark, and other intellectual property rights under the laws of the United States and foreign countries. You will not remove, alter or obscure any copyright, trademark, trade names, service mark or other proprietary designations or rights notices incorporated in or accompanying the Website, Services or Content. All trademarks, service marks, logos, trade names and any other proprietary designations of DirtyPhoneBook used herein are trademarks or registered trademarks of DirtyPhoneBook. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

All Content (including User-Generated Content) on the Website or through the Services is made available to you for your information and personal use only, as intended through the normal functionality of the DirtyPhoneBook Website. All Content (including User-Generated Content) is made available "AS IS", and may not be used, copied, stored, ported, published, loaned, reproduced, streamed, translated, adapted, reprinted, distributed, transmitted, broadcasted, publically displayed, sold, resold, traded, visited, licensed, downloaded, modified or otherwise distributed and/or exploited for any commercial purposes or in any manner not intended by the normal functionality of the DirtyPhoneBook Website and/or Services or otherwise as prohibited under this Agreement, unless prior written consent has been obtained from DirtyPhoneBook.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use, copying or distributing any Content or features that enforce limitations on use of the DirtyPhoneBook Website, Services or the Content therein.

Illegal and/or unauthorized use of the DirtyPhoneBook Services, including but not limited to, collecting usernames, User-Generated Content, telephone numbers, telephone number profiles and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited emails, SMS text messages, faxes, placing unsolicited telephone calls, or unauthorized framing of or linking to the DirtyPhoneBook Services, or employing third party promotional sites or software to promote profiles for money, is prohibited.

You will not frame or utilize framing techniques to enclose any trademarks, service marks, logos, or other proprietary information (including but not limited to images, text, page layouts, or forms) of the Website and our affiliates without DirtyPhoneBook's express written consent.

You will not use any meta tags or any other "hidden text" utilizing DirtyPhoneBook's name and/or URL names or trademarks without the express written consent of DirtyPhoneBook. Any unauthorized use terminates the permission or license granted by DirtyPhoneBook.

You are granted a limited, revocable, non-exclusive, non-assignable, non-sub-licensable and non-transferable permission to create a hyperlink to the home page of DirtyPhoneBook.com (any and all of DirtyPhoneBook's URL names) so long as the link does not portray DirtyPhoneBook, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any DirtyPhoneBook's logos, characters or other proprietary graphics or trademarks as part of the link without express written permission from DirtyPhoneBook.

You understand that when using the Website and/or Services you will be exposed to User-Generated Content from a variety of sources, and that DirtyPhoneBook is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User-Generated Content. You further understand and acknowledge that you may be exposed to User-Generated Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DirtyPhoneBook with respect thereto, and agree to indemnify and hold DirtyPhoneBook, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the DirtyPhoneBook Website and Services. You agree that you must evaluate and bear all risks associated with, the use of any User-Generated Content, including any reliance on the accuracy, truthfulness, completeness, or usefulness of such User-Generated Content. In this regard, you acknowledge that you may not rely on any Content submitted to DirtyPhoneBook (User-Generated Content). You acknowledge, consent and agree that DirtyPhoneBook may access, preserve and disclose your account information and content if required to do so by law to comply with legal processes or if DirtyPhoneBook in its sole discretion believes that such access, preservation or disclosure is reasonably necessary to enforce these terms of service and privacy policy; and/or to perform daily business operations.

You agree to act responsibly when using the Website. You may only use the Website, Services and its Content for lawful purposes and in accordance with applicable laws and you are prohibited from storing, distributing or transmitting any unlawful material through the Website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liabilities. You understand and agree that all materials publicly posted (other than by DirtyPhoneBook) or privately transmitted on or through the Website are the sole responsibilities of the person that posted that material and/or the sender of that material, not DirtyPhoneBook, and that you are responsible for all material you upload, post or otherwise transmit to or through the Website.

DirtyPhoneBook reserves the right to refuse to allow a posting, upload and/or transmission of any User-Generated Content, or remove a posting, upload and/or block a transmission of any User-Generated Content, at DirtyPhoneBook's sole discretion. However, DirtyPhoneBook is not obligated to restrict or monitor submissions in any way, or to block users who submit or transmit inappropriate content.

You will access and/or use the DirtyPhoneBook Website, Services, User-Generated Content and other Content only as permitted under this Agreement. DirtyPhoneBook reserves all rights not expressly granted in and to the Website, Services and the Content. No licenses, permissions or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by DirtyPhoneBook or its licensors, except for the licenses, permissions and rights expressly granted in these Terms of Service. DirtyPhoneBook reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the DirtyPhoneBook Website and Services.

10. Internet Browser Toolbar

By installing and using the DirtyPhoneBook Browser Toolbar (the "Toolbar"), you agree to be bound by the following Terms and Conditions as well as the Terms of Service and Privacy Policy of DirtyPhoneBook.com (collectively, "Policies"). If you disagree with any of these Policies, DirtyPhoneBook does not grant you a right to use the DirtyPhoneBook Toolbar software.

DirtyPhoneBook created its Toolbar to help users easily access Phone Number Profile Pages on DirtyPhoneBook.com while navigating the Internet. The DirtyPhoneBook Toolbar is a personalized browser toolbar that has two (2) distinct features. The first feature allows users to input any ten (10) digit phone number into the DirtyPhoneBook Number Search Box and link to that Phone Number Profile Page on the DirtyPhoneBook Website. The second feature recognizes ten (10) digit phone numbers on web pages, highlights those phone numbers and converts them into clickable links. If clicked, the link will direct users to that Phone Number Profile Page on the DirtyPhoneBook Website.

Right to Use

DirtyPhoneBook grants you no right, title, or interest in any intellectual property owned or licensed by DirtyPhoneBook, including (but not limited to) the DirtyPhoneBook Toolbar software and DirtyPhoneBook trademarks, and creates no relationship between yourself and DirtyPhoneBook's Licensors, or between you and DirtyPhoneBook other than that DirtyPhoneBook grants you the right to use the DirtyPhoneBook Toolbar for your personal, noncommercial use only. You may install and personally use the DirtyPhoneBook Toolbar software and any updates provided by DirtyPhoneBook (in its sole discretion) in object code form on a personal computer owned or controlled by you.

In order to use the DirtyPhoneBook Toolbar, you will need a personal computer with a compatible browser and an Internet connection. You must download the free DirtyPhoneBook Toolbar software. You do not need to be a registered DirtyPhoneBook user in order to download and use the Toolbar. However, being a registered DirtyPhoneBook user and logging in will allow you to use other features of DirtyPhoneBook.com. You do not need to provide any personally identifying information in order to download and install the DirtyPhoneBook Toolbar.

Restrictions

YOU MAY NOT:

decompile, reverse engineer, disassemble, modify, copy, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the DirtyPhoneBook Toolbar software or any portion thereof.

use the DirtyPhoneBook Toolbar in any manner that could impair DirtyPhoneBook and/or Services or interfere with any other party's use and enjoyment of the DirtyPhoneBook website and/or Services.

incorporate the DirtyPhoneBook Toolbar software into any computer chip or the firmware of a computing device manufactured by or for you.

use the DirtyPhoneBook Toolbar software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with DirtyPhoneBook Policies.

use, or export the DirtyPhoneBook Toolbar software in violation of applicable U.S. laws or regulations, including but not limited to export laws and copyright and other intellectual property laws.

sell, lease, loan, distribute, transfer or sublicense the DirtyPhoneBook Toolbar software or access thereto or derive income from the use or provision of the DirtyPhoneBook Toolbar software, whether for direct commercial or monetary gain or otherwise, without DirtyPhoneBook's prior, express, written permission.

Toolbar Software Updates

DirtyPhoneBook may elect to provide you with software updates, upgrades, enhancements, or modifications for the DirtyPhoneBook Toolbar software (collectively, "Toolbar Support"), in its sole discretion, and may terminate such Toolbar Support at any time without notice to you. DirtyPhoneBook may change, suspend or discontinue any aspect of the DirtyPhoneBook Toolbar software at any time, including the availability of any DirtyPhoneBook Toolbar software feature, database, or content, without notice to you. DirtyPhoneBook may also impose limits on certain features and services or restrict your access to parts or all of the DirtyPhoneBook Toolbar software or the DirtyPhoneBook website and/or Services without notice or liability. Your continued use of the DirtyPhoneBook Toolbar after any software updates, upgrades, enhancements, or modifications will signify your acceptance of these updates, upgrades, enhancements, or modifications. If you do not wish to agree to these updates, upgrades, enhancements, or modifications, please discontinue use of the Toolbar and immediately uninstall the Toolbar.

Policy Updates

From time to time, DirtyPhoneBook may update the Toolbar Terms and Conditions, DirtyPhoneBook's website Terms of Service and Privacy Policy (collectively, "Policies"). When DirtyPhoneBook makes material changes to its Policies, we will post the newly modified version of these Policies on the DirtyPhoneBook website and will indicate at the top of the webpage the date that these Policies were last revised. Such modifications shall be effective immediately upon posting by DirtyPhoneBook on the DirtyPhoneBook Website. Your continued use of the DirtyPhoneBook Toolbar, the Service or the Website after DirtyPhoneBook posts such revisions to the Policies signifies your acceptance of the new (revised) Policies. It is therefore important that you review the Website Terms of Service, Privacy Policy and/or the DirtyPhoneBook Browser Toolbar Terms and Conditions regularly to ensure you are updated as to any changes.

Fees and Payments

DirtyPhoneBook reserves the right to charge fees for future use of or access to the DirtyPhoneBook Toolbar or the DirtyPhoneBook website or Services in DirtyPhoneBook's sole discretion. If DirtyPhoneBook decides to charge for the DirtyPhoneBook Services, such charges will be disclosed to you prior.

Intellectual Property

You acknowledge that DirtyPhoneBook owns all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the DirtyPhoneBook Toolbar, portions thereof, or software provided through or in conjunction with the DirtyPhoneBook Toolbar. "Intellectual Property Rights" means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law unfair competition law and all other proprietary rights, and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, distribute, prepare derivative works from or attempt to derive source code from the DirtyPhoneBook Toolbar. You also agree not to remove, obscure or alter DirtyPhoneBook's copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the DirtyPhoneBook Toolbar. All rights not expressly granted to you are reserved by DirtyPhoneBook or their respective owners.

Privacy and Other User Agreements

The DirtyPhoneBook Toolbar is designed to be used in conjunction with the DirtyPhoneBook website and/or Services. Accordingly, your use of the DirtyPhoneBook Toolbar is governed by the DirtyPhoneBook Browser Toolbar Terms and Conditions as well as the Terms of Service and Privacy Policies of the DirtyPhoneBook website and/or Services.

Disclaimer of Warranties

DirtyPhoneBook disclaims to the extent allowed by law any responsibility for harm resulting from your use of the DirtyPhoneBook Toolbar. The DirtyPhoneBook Toolbar is provided "AS IS" with no warranties whatsoever. You download and use the DirtyPhoneBook Toolbar at your own discretion and risk and you will be solely responsible for any damages or loss that results from the download or use of the DirtyPhoneBook Toolbar.

Limitation of Liability

Under no circumstances shall DirtyPhoneBook be liable to any user on account of that user's use or misuse of the DirtyPhoneBook Toolbar. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise (even if DirtyPhoneBook has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from reliance on, use of, misuse of or inability to use the DirtyPhoneBook Toolbar (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnification

You agree to indemnify and hold harmless DirtyPhoneBook and its subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising directly or indirectly out of your use of the DirtyPhoneBook Toolbar or its features, or any alleged violation of these Terms and Conditions, or any alleged violation of any applicable law, or your violation of any rights of another person or entity. DirtyPhoneBook reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.

Termination

Your right to use the DirtyPhoneBook Toolbar will terminate immediately if you violate any provision of these Terms and Conditions or you violate any provision of DirtyPhoneBook's Terms of Service and/or Privacy Policy. Upon termination, you may no longer use the DirtyPhoneBook Toolbar and you must remove the DirtyPhoneBook Toolbar from your computer. DirtyPhoneBook reserves the right to terminate your right to use the DirtyPhoneBook Toolbar at any time without notice. At any point, when you no longer wish to use the DirtyPhoneBook Toolbar, discontinue use of all or any of the DirtyPhoneBook Toolbar software, disable or completely uninstall it from your browser and destroy all your copies of the applicable DirtyPhoneBook Toolbar software.

Miscellaneous Provisions

DirtyPhoneBook Browser Toolbar Terms and Conditions, DirtyPhoneBook's website Terms of Service and Privacy Policy also apply to DirtyPhoneBook Mobile.

11. Sidebar Gadget for Microsoft Windows

By installing and using the DirtyPhoneBook Sidebar Gadget for Microsoft Windows (the "Sidebar Gadget"), you agree to be bound by the following Terms and Conditions as well as the Terms of Service and Privacy Policy of DirtyPhoneBook.com (collectively, "Policies"). If you disagree with any of these Policies, DirtyPhoneBook does not grant you a right to use the DirtyPhoneBook Sidebar Gadget.

DirtyPhoneBook created its Sidebar Gadget to help users easily access Phone Number Profile Pages on DirtyPhoneBook.com directly from their computer's desktop. The DirtyPhoneBook Sidebar Gadget allows users to input any ten (10) digit phone number into the DirtyPhoneBook Number Search Box, open a default Internet browser and link to a specific Phone Number Profile Page on the DirtyPhoneBook Website.

Right to Use

DirtyPhoneBook grants you no right, title, or interest in any intellectual property owned or licensed by DirtyPhoneBook, including (but not limited to) the DirtyPhoneBook Sidebar Gadget software and DirtyPhoneBook trademarks, and creates no relationship between yourself and DirtyPhoneBook's Licensors, or between you and DirtyPhoneBook other than that DirtyPhoneBook grants you the right to use the DirtyPhoneBook Sidebar Gadget for your personal, noncommercial use only. You may install and personally use the DirtyPhoneBook Sidebar Gadget software and any updates provided by DirtyPhoneBook (in its sole discretion) in object code form on a personal computer owned or controlled by you.

In order to use the DirtyPhoneBook Sidebar Gadget, you will need a personal computer with a compatible operating system, supported browser and an Internet connection. You must download the free DirtyPhoneBook Sidebar Gadget software. You do not need to be a registered DirtyPhoneBook user in order to download and use the Sidebar Gadget. However, being a registered DirtyPhoneBook user and logging in will allow you to use other features of DirtyPhoneBook.com. You do not need to provide any personally identifying information in order to download and install the DirtyPhoneBook Sidebar Gadget.

Restrictions

YOU MAY NOT:

decompile, reverse engineer, disassemble, modify, copy, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the DirtyPhoneBook Sidebar Gadget software or any portion thereof.

use the DirtyPhoneBook Sidebar Gadget in any manner that could impair DirtyPhoneBook and/or Services or interfere with any other party's use and enjoyment of the DirtyPhoneBook website and/or Services.

incorporate the DirtyPhoneBook Sidebar Gadget software into any computer chip or the firmware of a computing device manufactured by or for you.

use the DirtyPhoneBook Sidebar Gadget software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with DirtyPhoneBook Policies.

use, or export the DirtyPhoneBook Sidebar Gadget software in violation of applicable U.S. laws or regulations, including but not limited to export laws and copyright and other intellectual property laws.

sell, lease, loan, distribute, transfer or sublicense the DirtyPhoneBook Sidebar Gadget software or access thereto or derive income from the use or provision of the DirtyPhoneBook Sidebar Gadget software, whether for direct commercial or monetary gain or otherwise, without DirtyPhoneBook's prior, express, written permission.

Sidebar Gadget Software Updates

DirtyPhoneBook may elect to provide you with software updates, upgrades, enhancements, or modifications for the DirtyPhoneBook Sidebar Gadget software (collectively, "Sidebar Gadget Support"), in its sole discretion, and may terminate such Sidebar Gadget Support at any time without notice to you. DirtyPhoneBook may change, suspend or discontinue any aspect of the DirtyPhoneBook Sidebar Gadget software at any time, including the availability of any DirtyPhoneBook Sidebar Gadget software feature, database, or content, without notice to you. DirtyPhoneBook may also impose limits on certain features and services or restrict your access to parts or all of the DirtyPhoneBook Sidebar Gadget software or the DirtyPhoneBook website and/or Services without notice or liability. Your continued use of the DirtyPhoneBook Sidebar Gadget after any software updates, upgrades, enhancements, or modifications will signify your acceptance of these updates, upgrades, enhancements, or modifications. If you do not wish to agree to these updates, upgrades, enhancements, or modifications, please discontinue use of the Sidebar Gadget and immediately uninstall the Sidebar Gadget.

Policy Updates

From time to time, DirtyPhoneBook may update the Sidebar Gadget Terms and Conditions, DirtyPhoneBook's website Terms of Service and Privacy Policy (collectively, "Policies"). When DirtyPhoneBook makes material changes to its Policies, we will post the newly modified version of these Policies on the DirtyPhoneBook website and will indicate at the top of the webpage the date that these Policies were last revised. Such modifications shall be effective immediately upon posting by DirtyPhoneBook on the DirtyPhoneBook Website. Your continued use of the DirtyPhoneBook Sidebar Gadget, the Service or the Website after DirtyPhoneBook posts such revisions to the Policies signifies your acceptance of the new (revised) Policies. It is therefore important that you review the Website Terms of Service, Privacy Policy and/or the DirtyPhoneBook Sidebar Gadget Terms and Conditions regularly to ensure you are updated as to any changes.

Fees and Payments

DirtyPhoneBook reserves the right to charge fees for future use of or access to the DirtyPhoneBook Sidebar Gadget or the DirtyPhoneBook website or Services in DirtyPhoneBook's sole discretion. If DirtyPhoneBook decides to charge for the DirtyPhoneBook Services, such charges will be disclosed to you prior.

Intellectual Property

You acknowledge that DirtyPhoneBook owns all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the DirtyPhoneBook Sidebar Gadget, portions thereof, or software provided through or in conjunction with the DirtyPhoneBook Sidebar Gadget. "Intellectual Property Rights" means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law unfair competition law and all other proprietary rights, and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, distribute, prepare derivative works from or attempt to derive source code from the DirtyPhoneBook Sidebar Gadget. You also agree not to remove, obscure or alter DirtyPhoneBook's copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the DirtyPhoneBook Sidebar Gadget. All rights not expressly granted to you are reserved by DirtyPhoneBook or their respective owners.

Privacy and Other User Agreements

The DirtyPhoneBook Sidebar Gadget is designed to be used in conjunction with the DirtyPhoneBook website and/or Services. Accordingly, your use of the DirtyPhoneBook Sidebar Gadget is governed by the DirtyPhoneBook Sidebar Gadget Terms and Conditions as well as the Terms of Service and Privacy Policies of the DirtyPhoneBook website and/or Services.

Disclaimer of Warranties

DirtyPhoneBook disclaims to the extent allowed by law any responsibility for harm resulting from your use of the DirtyPhoneBook Sidebar Gadget. The DirtyPhoneBook Sidebar Gadget is provided "AS IS" with no warranties whatsoever. You download and use the DirtyPhoneBook Sidebar Gadget at your own discretion and risk and you will be solely responsible for any damages or loss that results from the download or use of the DirtyPhoneBook Sidebar Gadget.

Limitation of Liability

Under no circumstances shall DirtyPhoneBook be liable to any user on account of that user's use or misuse of the DirtyPhoneBook Sidebar Gadget. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise (even if DirtyPhoneBook has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from reliance on, use of, misuse of or inability to use the DirtyPhoneBook Sidebar Gadget (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnification

You agree to indemnify and hold harmless DirtyPhoneBook and its subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising directly or indirectly out of your use of the DirtyPhoneBook Sidebar Gadget or its features, or any alleged violation of these Terms and Conditions, or any alleged violation of any applicable law, or your violation of any rights of another person or entity. DirtyPhoneBook reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.

Termination

Your right to use the DirtyPhoneBook Sidebar Gadget will terminate immediately if you violate any provision of these Terms and Conditions or you violate any provision of DirtyPhoneBook's Terms of Service and/or Privacy Policy. Upon termination, you may no longer use the DirtyPhoneBook Sidebar Gadget and you must remove the DirtyPhoneBook Sidebar Gadget from your computer. DirtyPhoneBook reserves the right to terminate your right to use the DirtyPhoneBook Sidebar Gadget at any time without notice. At any point, when you no longer wish to use the DirtyPhoneBook Sidebar Gadget, discontinue use of all or any of the DirtyPhoneBook Sidebar Gadget software, disable or completely uninstall it from your computer and destroy all your copies of the applicable DirtyPhoneBook Sidebar Gadget software.

12. Dashboard Widget for Mac OS X

By installing and using the DirtyPhoneBook Dashboard Widget for Mac OS X (the "Dashboard Widget"), you agree to be bound by the following Terms and Conditions as well as the Terms of Service and Privacy Policy of DirtyPhoneBook.com (collectively, "Policies"). If you disagree with any of these Policies, DirtyPhoneBook does not grant you a right to use the DirtyPhoneBook Dashboard Widget.

DirtyPhoneBook created its Dashboard Widget to help users easily access Phone Number Profile Pages on DirtyPhoneBook.com directly from their computer's desktop. The DirtyPhoneBook Dashboard Widget allows users to input any ten (10) digit phone number into the DirtyPhoneBook Number Search Box, open a default Internet browser and link to a specific Phone Number Profile Page on the DirtyPhoneBook Website.

Right to Use

DirtyPhoneBook grants you no right, title, or interest in any intellectual property owned or licensed by DirtyPhoneBook, including (but not limited to) the DirtyPhoneBook Dashboard Widget software and DirtyPhoneBook trademarks, and creates no relationship between yourself and DirtyPhoneBook's Licensors, or between you and DirtyPhoneBook other than that DirtyPhoneBook grants you the right to use the DirtyPhoneBook Dashboard Widget for your personal, noncommercial use only. You may install and personally use the DirtyPhoneBook Dashboard Widget software and any updates provided by DirtyPhoneBook (in its sole discretion) in object code form on a personal computer owned or controlled by you.

In order to use the DirtyPhoneBook Dashboard Widget, you will need a personal computer with a compatible operating system, supported browser and an Internet connection. You must download the free DirtyPhoneBook Dashboard Widget software. You do not need to be a registered DirtyPhoneBook user in order to download and use the Dashboard Widget. However, being a registered DirtyPhoneBook user and logging in will allow you to use other features of DirtyPhoneBook.com. You do not need to provide any personally identifying information in order to download and install the DirtyPhoneBook Dashboard Widget.

Restrictions

YOU MAY NOT:

decompile, reverse engineer, disassemble, modify, copy, rent, lease, loan, distribute, or create derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from the DirtyPhoneBook Dashboard Widget software or any portion thereof.

use the DirtyPhoneBook Dashboard Widget in any manner that could impair DirtyPhoneBook and/or Services or interfere with any other party's use and enjoyment of the DirtyPhoneBook website and/or Services.

incorporate the DirtyPhoneBook Dashboard Widget software into any computer chip or the firmware of a computing device manufactured by or for you.

use the DirtyPhoneBook Dashboard Widget software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with DirtyPhoneBook Policies.

use, or export the DirtyPhoneBook Dashboard Widget software in violation of applicable U.S. laws or regulations, including but not limited to export laws and copyright and other intellectual property laws.

sell, lease, loan, distribute, transfer or sublicense the DirtyPhoneBook Dashboard Widget software or access thereto or derive income from the use or provision of the DirtyPhoneBook Dashboard Widget software, whether for direct commercial or monetary gain or otherwise, without DirtyPhoneBook's prior, express, written permission.

Dashboard Widget Software Updates

DirtyPhoneBook may elect to provide you with software updates, upgrades, enhancements, or modifications for the DirtyPhoneBook Dashboard Widget software (collectively, "Dashboard Widget Support"), in its sole discretion, and may terminate such Dashboard Widget Support at any time without notice to you. DirtyPhoneBook may change, suspend or discontinue any aspect of the DirtyPhoneBook Dashboard Widget software at any time, including the availability of any DirtyPhoneBook Dashboard Widget software feature, database, or content, without notice to you. DirtyPhoneBook may also impose limits on certain features and services or restrict your access to parts or all of the DirtyPhoneBook Dashboard Widget software or the DirtyPhoneBook website and/or Services without notice or liability. Your continued use of the DirtyPhoneBook Dashboard Widget after any software updates, upgrades, enhancements, or modifications will signify your acceptance of these updates, upgrades, enhancements, or modifications. If you do not wish to agree to these updates, upgrades, enhancements, or modifications, please discontinue use of the Dashboard Widget and immediately uninstall the Dashboard Widget.

Policy Updates

From time to time, DirtyPhoneBook may update the Dashboard Widget Terms and Conditions, DirtyPhoneBook's website Terms of Service and Privacy Policy (collectively, "Policies"). When DirtyPhoneBook makes material changes to its Policies, we will post the newly modified version of these Policies on the DirtyPhoneBook website and will indicate at the top of the webpage the date that these Policies were last revised. Such modifications shall be effective immediately upon posting by DirtyPhoneBook on the DirtyPhoneBook Website. Your continued use of the DirtyPhoneBook Dashboard Widget, the Service or the Website after DirtyPhoneBook posts such revisions to the Policies signifies your acceptance of the new (revised) Policies. It is therefore important that you review the Website Terms of Service, Privacy Policy and/or the DirtyPhoneBook Dashboard Widget Terms and Conditions regularly to ensure you are updated as to any changes.

Fees and Payments

DirtyPhoneBook reserves the right to charge fees for future use of or access to the DirtyPhoneBook Dashboard Widget or the DirtyPhoneBook website or Services in DirtyPhoneBook's sole discretion. If DirtyPhoneBook decides to charge for the DirtyPhoneBook Services, such charges will be disclosed to you prior.

Intellectual Property

You acknowledge that DirtyPhoneBook owns all rights, title and interest, including without limitation all Intellectual Property Rights, in and to the DirtyPhoneBook Dashboard Widget, portions thereof, or software provided through or in conjunction with the DirtyPhoneBook Dashboard Widget. "Intellectual Property Rights" means all rights existing from time to time under patent law, copyright law, trade secret law, trademark law unfair competition law and all other proprietary rights, and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, distribute, prepare derivative works from or attempt to derive source code from the DirtyPhoneBook Dashboard Widget. You also agree not to remove, obscure or alter DirtyPhoneBook's copyright notice, trademarks or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the DirtyPhoneBook Dashboard Widget. All rights not expressly granted to you are reserved by DirtyPhoneBook or their respective owners.

Privacy and Other User Agreements

The DirtyPhoneBook Dashboard Widget is designed to be used in conjunction with the DirtyPhoneBook website and/or Services. Accordingly, your use of the DirtyPhoneBook Dashboard Widget is governed by the DirtyPhoneBook Dashboard Widget Terms and Conditions as well as the Terms of Service and Privacy Policies of the DirtyPhoneBook website and/or Services.

Disclaimer of Warranties

DirtyPhoneBook disclaims to the extent allowed by law any responsibility for harm resulting from your use of the DirtyPhoneBook Dashboard Widget. The DirtyPhoneBook Dashboard Widget is provided "AS IS" with no warranties whatsoever. You download and use the DirtyPhoneBook Dashboard Widget at your own discretion and risk and you will be solely responsible for any damages or loss that results from the download or use of the DirtyPhoneBook Dashboard Widget.

Limitation of Liability

Under no circumstances shall DirtyPhoneBook be liable to any user on account of that user's use or misuse of the DirtyPhoneBook Dashboard Widget. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary and punitive damages, whether such claim is based on warranty, contract, tort (including negligence) or otherwise (even if DirtyPhoneBook has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from reliance on, use of, misuse of or inability to use the DirtyPhoneBook Dashboard Widget (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Indemnification

You agree to indemnify and hold harmless DirtyPhoneBook and its subsidiaries, affiliates, joint ventures, suppliers, officers, directors, shareholders, employees and agents, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising directly or indirectly out of your use of the DirtyPhoneBook Dashboard Widget or its features, or any alleged violation of these Terms and Conditions, or any alleged violation of any applicable law, or your violation of any rights of another person or entity. DirtyPhoneBook reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, but doing so shall not excuse your indemnity obligations.

Termination

Your right to use the DirtyPhoneBook Dashboard Widget will terminate immediately if you violate any provision of these Terms and Conditions or you violate any provision of DirtyPhoneBook's Terms of Service and/or Privacy Policy. Upon termination, you may no longer use the DirtyPhoneBook Dashboard Widget and you must remove the DirtyPhoneBook Dashboard Widget from your computer. DirtyPhoneBook reserves the right to terminate your right to use the DirtyPhoneBook Dashboard Widget at any time without notice. At any point, when you no longer wish to use the DirtyPhoneBook Dashboard Widget, discontinue use of all or any of the DirtyPhoneBook Dashboard Widget software, disable or completely uninstall it from your computer and destroy all your copies of the applicable DirtyPhoneBook Dashboard Widget software.

13. No Duty to Monitor

DirtyPhoneBook assumes no responsibility for monitoring the Website and/or the Service for inappropriate Content or User Conduct. DirtyPhoneBook is not liable for any Content posted on the Website and/or through the Service, and assumes no responsibility for the conduct of the User submitting any such Content.

You acknowledge and expressly agree that DirtyPhoneBook has the right, but has no obligation to monitor User Content posted on the Website and/or through the Service.

DirtyPhoneBook does not make any warranties and/or guarantees that;

The Website and/or the Service, or any portion thereof, will be monitored for accuracy or unacceptable use;

Apparent statements of fact will be authenticated;

DirtyPhoneBook will take any specific action (or any action at all) in the event of a dispute regarding compliance or non-compliance with this Agreement;

DirtyPhoneBook pre-screens Content.

DirtyPhoneBook reserves the right to refuse to post, to remove or to edit any and all Content, for any reason, at any time, in its sole discretion, without notice or liability.

14. Copyright, Trademarks and Intellectual Property Rights

DirtyPhoneBook respects Copyright, Trademarks and other Intellectual Property laws and expects its users to do the same. The Services, Website and DirtyPhoneBook Content are protected by copyright, trademark, patent, trade secrets and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, DirtyPhoneBook and its licensors, exclusively own and retain all rights, title and interest in and to the Services, Website and DirtyPhoneBook Content, including all associated intellectual property rights.
Copyright
All content on the Website, included but not limited to, text, graphics, characters, logos, button icons, images, audio clips, digital downloads, data compilations, and interactive features, is the property of DirtyPhoneBook.com or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of DirtyPhoneBook.com and protected by U.S. and international copyright laws. All software used on this site is the property of DirtyPhoneBook.com and protected by United States and international copyright laws.
Trademarks
DirtyPhoneBook, DirtyPhoneBook.com, and any and all names and URL's owned and utilized by DirtyPhoneBook, website graphics, characters, logos, page headers, page footers, button icons, scripts, and service names are protected as registered or unregistered trademarks, trade names, trade dress and/or service marks owned by DirtyPhoneBook.com in the U.S. and/or other countries.

You agree not to use or display any trademarks, service marks, names, logos, or other identifiers of DirtyPhoneBook or its licensors or affiliates without the prior written permission of DirtyPhoneBook or the relevant licensor or affiliate. In addition, you may not use DirtyPhoneBook's trademarks (1) in, as, or as part of, your own trademarks or those of any third parties; (2) as part of domain names; (3) to identify products or services that are not those of DirtyPhoneBook; (4) in a manner likely to cause confusion among users about whether DirtyPhoneBook is the source, sponsor or endorser, or is otherwise connected with your own activities, products and services or those of third parties; or (5) in any manner that disparages or discredits DirtyPhoneBook.com. All other trademarks not owned by DirtyPhoneBook.com or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DirtyPhoneBook.com or its affiliates.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services, Website or Content.

You agree that you shall not frame or utilize framing techniques to enclose any trademark, logo, or other materials from the DirtyPhoneBook Service without DirtyPhoneBook's written consent.

You acknowledge and agree that the Website and the Service and any necessary software used in connection with the Website or the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Website, the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DirtyPhoneBook, you agree not to copy, use, sell, rent, lease, loan, modify, delete from, add to, adapt, translate, publish, publically perform, publically display, reproduce, distribute or create derivative works based on the Website, the Service or the Software, in whole or in part.

15. Copyright and Intellectual Property Rights Infringement Procedures
Digital Millennium Copyright Act
It is DirtyPhoneBook's policy to respond to clear notices of alleged copyright and other claims of Intellectual Property infringement. Described herein is the information that should be present in the DMCA Notice of Copyright Infringement. It is designed to make submitting notices of alleged copyright and other claims of Intellectual Property infringement to DirtyPhoneBook as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The format of the notice specified herein is consistent with the format suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).

DirtyPhoneBook's response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the allegedly infringing party so that they may make a counter notification. We reserve the right, but are not obligated to document for our own records, notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it.
A. Infringement Notification
If you are a copyright owner or an agent thereof or a right holder of an Intellectual Property and believe that any User-Generated Content or other Content on the DirtyPhoneBook Website infringes upon your copyrights and/or other Intellectual Property rights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA").

To file a notice of infringement with us, you must provide written communication (by regular mail -- not by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights and/or other Intellectual Property Rights. Accordingly, if you are not sure whether material found on the DirtyPhoneBook Website infringes your copyrights and/or other Intellectual Property Rights, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work and/or other Intellectual Property Rights claimed to have been infringed, or, if multiple copyrighted works and/or other Intellectual Property Rights are covered by a single notification, a representative list of such works and/or rights;

Identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the DirtyPhoneBook Website.

Where does the infringing content appear on our Website? (please provide the URL(s) so we can locate the claimed infringing material that you are reporting)

How does the content infringe your rights? (This question is optional and is not required. However, providing this information may preempt any potential need for follow-up questions should your notice be unclear.)

Provide us with your contact information:

Full Name

Mailing Address

Telephone Number

Email address

Include the following statement: "I have a good faith belief that use of the copyrighted materials and/or Intellectual Property described above as allegedly infringing is not authorized by the copyright owner or its agent or a right holder of an Intellectual Property or the law."

Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or a right holder of an Intellectual Property or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

Sign the paper

Send the written communication to the following address:
You must follow this format or your mail will not be accepted and processed:

DPB

Attn: DMCA Complaints

340 S. Lemon Avenue

PO Box 6969

Walnut, CA 91789

You must clearly write your full name and return address on the envelope that you send to us, or it will not be accepted and processed.

You acknowledge and agree that if you fail to comply with all of the requirements of this section, your DMCA Notice may not be valid.
B. Counter Notification
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

To file a counter notification with us, you must provide written communication by regular mail -- not by email, that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights and/or Intellectual Property Rights of others. Accordingly, if you are not sure whether certain material infringes the copyrights and/or Intellectual Property Rights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

Your physical signature;

Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content;

Provide us with your contact information:

Full Name

Mailing Address

Telephone Number

Email address

A statement that you consent to the jurisdiction of the Federal District Court in Las Vegas, Nevada and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Sign the paper

Send the written communication to the following address:
You must follow this format or your mail will not be accepted and processed:

DPB

Attn: DMCA Complaints

340 S. Lemon Avenue

PO Box

Walnut, CA 91789

You must clearly write your full name and return address on the envelope that you send to us, or it will not be accepted and processed.

If a counter-notice is received by DirtyPhoneBook's Copyright and Intellectual Property Agent, DirtyPhoneBook may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the original complaining party files an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on the Website, the removed content may be replaced, or access to it restored, in 10 business days or more after receipt of the counter-notice, at DirtyPhoneBook's sole discretion.

Please note: the contact information of DirtyPhoneBook's Copyright and Intellectual Property Agent is intended specifically for the receipt of notices of claimed infringement under the Digital Millennium Copyright Act of 1998, 17 U.S.C. Section 512 and for the receipt of notices of claimed infringement of other Intellectual Property Rights. If you have general inquiries, please email us at info@dirtyphonebook.com
C. Repeat Infringers
If you repeatedly infringe other people's Intellectual Property Rights, we may disable and/or terminate your account when appropriate.

16. Third Party Sites

The DirtyPhoneBook Website may contain links to third party websites or content or resources that are not owned or controlled by DirtyPhoneBook. DirtyPhoneBook Services may include links to third party websites, provided as search results on the DirtyPhoneBook Website. These third party websites may contain information or material that some people may find inappropriate, objectionable, inaccurate or offensive. DirtyPhoneBook has no control over, and assumes no responsibility for; privacy policies, privacy practices, copyright compliance, legality, decency, accuracy, opinions expressed, or any aspect of the content on any third party websites. In addition, DirtyPhoneBook will not and cannot censor, edit, investigate, monitor, validate or check for accuracy or completeness of the content of any third party website. You acknowledge and agree that DirtyPhoneBook is not responsible for and makes no warranties, expressed or implied, as to the third party websites, their services and/or content. By using the Website and/or Services, you expressly relieve DirtyPhoneBook from any and all liability arising from your use of any third party websites, content or resources. Accordingly, DirtyPhoneBook encourages you to be aware when you leave the DirtyPhoneBook Website and to read the Terms and Conditions and Privacy Policies of each third party website that you visit.

Inclusion by DirtyPhoneBook of any linked third party website(s), content or resources on the DirtyPhoneBook Services does not imply approval or endorsement of any advertising, products or other materials on or available from such linked third party website(s), content or resources. When you access these third party websites, content or resources or use their services, you do so at your own risk.

As it applies to these Terms of Service, advertisers are treated as a third party. The DirtyPhoneBook Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by DirtyPhoneBook on the Services are subject to change without specific notice to you. In consideration for DirtyPhoneBook granting you access to and use of the Services, you agree that DirtyPhoneBook may place such advertising on the Services. DirtyPhoneBook cannot ensure that you will be satisfied with any products or services that you purchase from any third party website that links to or from DirtyPhoneBook.com since these third party websites are owned and operated independently of DirtyPhoneBook. DirtyPhoneBook takes no responsibility for third party advertisements or third party applications that are posted on or through the DirtyPhoneBook Services, nor does DirtyPhoneBook take any responsibility for the goods or services provided by its advertisers. Any dealings that you have with advertisers found on the DirtyPhoneBook Services are between you and the advertiser and you acknowledge and agree that DirtyPhoneBook is not liable for any loss, damage or claim that you may incur and/or have against an advertiser. DirtyPhoneBook strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online transactions, with any of these third parties.

DirtyPhoneBook is not responsible for the conduct, whether online or offline, of any User of the DirtyPhoneBook Services, including but not limited to advertisers.

17. Use of Software

The Software which you use in connection with the DirtyPhoneBook Services (the "Software") may automatically download and install updates from time to time from DirtyPhoneBook. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit DirtyPhoneBook to deliver these to you) as part of your use of the Services.

The Software is further subject to United States export controls. No Software may be downloaded from the DirtyPhoneBook Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

DirtyPhoneBook is not responsible for unavailable network connections; failed, incomplete, garbled or delayed computer transmissions; online failures; hardware, software or other technical malfunctions or disturbances; or any other communications failures or circumstances affecting, disrupting or corrupting the DirtyPhoneBook Services in any manner including without limitation, Users ability to participate in the DirtyPhoneBook Services, or posting of Content to the DirtyPhoneBook website. DirtyPhoneBook is also not responsible for any damage to any User's computer occasioned by participation in the DirtyPhoneBook Services or downloading of any information necessary to participate in the DirtyPhoneBook Services.

DirtyPhoneBook may change, suspend or discontinue the Services including any Software for any reason, at any time, including the availability of any feature or content. DirtyPhoneBook may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

18. Feedback

We always appreciate your feedback, comments or other suggestions about DirtyPhoneBook. Any feedback, comments, or suggestions you may provide regarding DirtyPhoneBook, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you. Any material you send to us will not be treated as confidential.

By submitting ideas, suggestions, documents, and/or proposals ("Feedback") to DirtyPhoneBook, you represent, confirm and/or warrant that: (i) your Feedback does not contain confidential or proprietary information of any third party; (ii) you own the Feedback submitted by you or otherwise have all the necessary rights, powers, licenses, consents, permissions and authority to grant all necessary licenses to DirtyPhoneBook, and (iii) all Feedback will be the sole and exclusive property of DirtyPhoneBook and you hereby assign and agree to assign all rights, title and interest you have in such Feedback to DirtyPhoneBook together with all intellectual property rights therein.

19. Disclaimer of Warranties

You expressly understand and agree that DirtyPhoneBook is not responsible or liable in any manner for, and makes no warranties, express or implied, for any User Content or Third Party Applications, Software and/or to the accuracy, truthfulness, reliability of the User Content posted on or through the Website, whether caused by Users of the DirtyPhoneBook Services, by DirtyPhoneBook, by third parties or by any of the equipment or programming associated with or utilized in the DirtyPhoneBook Services. Such User Content does not necessarily reflect the opinions or policies of DirtyPhoneBook. You acknowledge that DirtyPhoneBook has no control over, and no duty to take any action regarding: which users gain access to the Website or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release DirtyPhoneBook from all liability for you having acquired or not acquired Content through the Website or the Services.

The Website or Services may contain information that some people may find offensive or inappropriate. DirtyPhoneBook makes no representations concerning any content contained in or accessed through the Website or Services, and DirtyPhoneBook will not be responsible or liable for the accuracy, copyright or other intellectual property rights compliance, legality or decency of material contained in or accessed through the Website or the Services.

Although we provide rules for user conduct and postings, we do not control or monitor and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content or Third Party Applications, Software or Content. DirtyPhoneBook is not responsible for the conduct, whether online or offline, of any user of the Website or Services. Under no circumstances will DirtyPhoneBook be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from attendance at a DirtyPhoneBook event, from anyone's use of the Website or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Website or transmitted to Users, or any interactions between users of the Website, whether online or offline.

The Website and the Service may be temporarily unavailable from time to time for maintenance or other reasons. DirtyPhoneBook 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, any Content, User or Member Communication. DirtyPhoneBook is not responsible for any technical malfunction or other problems of any telephone network, lines and/or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the DirtyPhoneBook Services or combination thereof, including any 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 participation or downloading materials in connection with the World Wide Web and/or in connection with the DirtyPhoneBook Service, including the DirtyPhoneBook Mobile Service.

YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE, THE SERVICE AND THE SOFTWARE AT YOUR OWN RISK. THE WEBSITE, THE SERVICE AND THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIRTYPHONEBOOK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, VENDORS, AGENTS, PARTNERS, LICENSORS, THE SERVICE PROVIDER AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, TRUTHFULNESS, CORRECTNESS, SATISFACTORY QUALITY, TIMELINESS, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR NEED, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE AND/OR THE SERVICES.

DIRTYPHONEBOOK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, VENDORS, AGENTS, PARTNERS, LICENSORS, THE SERVICE PROVIDER AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT, GUARANTEE OR WARRANT THAT:

THE WEBSITE, THE SERVICE OR THE SOFTWARE WILL BE UNINTERRUPTED OR AVAILABLE AT ALL TIMES, TIMELY, SAFE, SECURE OR ERROR-FREE;

THE WEBSITE, THE SERVICE OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS;

THE WEBSITE, THE SERVICE OR THE SOFTWARE WILL NOT INFRINGE THE RIGHTS OF OTHERS;

THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, THE SERVICE OR THE SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE;

THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICE OR THE SOFTWARE WILL MEET YOUR EXPECTATIONS;

ANY ERRORS IN THE WEBSITE, THE SERVICE OR THE SOFTWARE WILL BE CORRECTED;

THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES OR OTHER HARMFUL COMPONENTS WILL BE TRANSMITTED ON THE WEBSITE;

YOU WILL BE ABLE TO ACCESS OUR SERVICES (EITHER DIRECTLY OR THROUGH THIRD PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING;

WITHOUT LIMITING THE FORGOING, YOU UNDERSTAND AND AGREE THAT ANY MATERIAL, CONTENT, DATA, SOFTWARE OR SERVICES (INCLUDING MOBILE SERVICES) DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, THE SERVICE OR THE SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OTHER HARM THAT MAY RESULT. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE FROM A THIRD PARTY PROVIDER TO DETECT AND DISINFECT VIRUSES. DIRTYPHONEBOOK DOES NOT PROVIDE AND CANNOT PROVIDE A THIRD PARTY PROVIDER TO PERFORM SUCH SERVICES. DIRTYPHONEBOOK DOES NOT ENDORSE AND CANNOT ENDORSE THE QUALITY AND CAPABILITIES OF SUCH SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM DIRTYPHONEBOOK OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF OUR REPRESENTATIVES SHALL CREATE A WARRANTY.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE, THE SERVICE OR THE SOFTWARE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEBSITE, THE SERVICE OR THE SOFTWARE. IMMEDIATELY DISCONTINUE USE OF THE WEBSITE, THE SERVICE OR THE SOFTWARE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

THE WEBSITE, THE SERVICE AND/OR THE SOFTWARE SHOULD NOT BE USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE DIRTYPHONEBOOK SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE.

IF APPLICABLE LAW DOES NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES, WILL APPLY TO YOU, ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

20. Limitations of Liability

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF OUR WEBSITE AND SERVICES. IN NO EVENT SHALL DIRTYPHONEBOOK AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, VENDORS, SUBSIDIARIES, AGENTS, PARTNERS, AFFILIATES, SUPPLIERS, LICENSORS OR ANY THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF;

USE;

PROFITS;

GOODWILL;

DATA;

COMPUTER AND/OR MOBILE EQUIPMENT;

EMPLOYMENT;
OR ANY OTHER TANGIBLE AND/OR INTANGIBLE DAMAGES OR LOSSES, ARISING FROM (INCLUDING, BUT NOT LIMITED TO);

THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE SOFTWARE;

THE USE OF OR INABILITY TO USE ANY PLATFORM APPLICATIONS;

THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR THE SERVICE;

UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE;

THE USE OF OR RELIANCE ON THE WEBSITE, CONTENT OR ANY OF THE MERCHANDISE, SERVICES, INFORMATION OR MATERIALS AVAILABLE ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE OR THROUGH THE SERVICE;

EVEN IF DIRTYPHONEBOOK IS AWARE, SHOULD HAVE BEEN AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WITHOUT LIMITATION, YOU AND NOT DIRTYPHONEBOOK.COM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.

YOU HEREBY AGREE TO RELEASE DIRTYPHONEBOOK AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, VENDORS, SUBSIDIARIES, AGENTS, PARTNERS, AFFILIATES, SUPPLIERS, LICENSORS OR ANY THIRD PARTIES FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR".

IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIABILITY OF DIRTYPHONEBOOK, AND THE LIABILITY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, VENDORS, SUBSIDIARIES, AGENTS, PARTNERS, AFFILIATES, SUPPLIERS, LICENSORS AND ANY THIRD PARTIES, SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.

21. Indemnity

You agree to indemnify and hold DirtyPhoneBook and its directors, officers, employees, representatives, subsidiaries, agents, partners, affiliates, distributors, contractors, vendors, suppliers, licensors or any third parties, harmless from and against any loss, liability, claim, demand, damage, cost, and/or expense, including (but not limited to) reasonable attorney's fees and cost, made by any third party due to or arising out of or in connection with:

any User-Generated Content you submit, post, transmit or otherwise make available through the Website or the Service, that causes DirtyPhoneBook to be liable to another person or entity;

your unauthorized use of material, content, and/or data obtained through the Website or the Service;

your use of the DirtyPhoneBook Services in violation of this Agreement;

your breech of this Agreement, or violation of any law or the rights of any third party;

any breech of your representations and warranties set forth in this Agreement;

any Third Party Application, Software;

your use of or connection to the Website or the Service;

your conduct in connection with the Service or the Website, or with other users of the Service or the Website;

any infringement by you, or a third party using your account or your username, of any intellectual property or other right of any person or entity.

22. International Use

DirtyPhoneBook makes no representation that Content on the Website or access through the Services is appropriate or available for use in locations outside the United States. Accessing our Website and/or our Services from a location outside the United States where the Content is illegal is prohibited. If you are an international user, you acknowledge and expressly agree to comply with all applicable local laws regarding online conduct and acceptable User-Generated Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you choose to access our Website and/or our Services from a location outside the United States, you do so, on your own initiative and you are responsible for compliance with all applicable local laws.

23. Disputes

Both parties agree that DirtyPhoneBook's Terms of Service and Privacy Policy is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service and Privacy Policy.

DirtyPhoneBook makes no representation that materials, content and/or information available on the Website and/or accessed through the Service are appropriate, available or legal in any particular location. Those who choose to access the Website do so on their own initiative, at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.

By visiting or using the Website and/or the Service, you acknowledge and expressly agree that these Terms of Service and any dispute of any sort, any claim or cause of action that might arise between you and DirtyPhoneBook or any of our affiliates, shall be governed by and construed under and pursuant to the laws of the State of Nevada, without regard to its conflict of law provisions. Any and all litigation concerning any dispute arising under or in connection with these Terms of Service shall be filed and maintained only in a state or federal court located in Clark County, Nevada and by accessing the Website and/or using the Service, the parties consent to the personal and exclusive jurisdiction of the courts located within Clark County, Nevada for the purpose of litigating all such claims.

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 located within Clark County, Nevada.

You are solely responsible for your interactions with other DirtyPhoneBook Users or any other third party with whom you interact through the DirtyPhoneBook Services. If anyone brings a claim against DirtyPhoneBook related to your actions, conduct, content or information on DirtyPhoneBook, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

In no event shall any claim, action or proceeding by you, related in any way to the Website and/or the Service (including your visit to or use of the Website and/or the Service) be instituted more than one (1) year after the cause of action arose.

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, ANY 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.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS LOCATED WITHIN CLARK COUNTY, NEVADA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED WITHIN CLARK COUNTY, NEVADA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS; AND (4) WAIVING ANY RIGHTS YOU MAY HAVE TO A TRAIL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

24. Waiver and Severability of Terms

No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind DirtyPhoneBook in any respect whatsoever. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

This Agreement is accepted upon your use of the DirtyPhoneBook Website or any of the DirtyPhoneBook Services and is further affirmed by you becoming a Member. DirtyPhoneBook's Terms of Service and Privacy Policy constitute the entire agreement between you and DirtyPhoneBook regarding the use of the Website and/or the Service, superseding any prior written or oral agreements between you and DirtyPhoneBook relating to your use of the Website or the Service.

The failure of DirtyPhoneBook to exercise or enforce any right or provision of DirtyPhoneBook's Terms of Service and/or Privacy Policy shall not constitute a waiver of such right or provision in that or any other instance. If any provision of DirtyPhoneBook's Terms of Service and/or Privacy Policy shall be deemed unlawful, void, invalid and/or for any reason unenforceable, then that provision shall be deemed severable from DirtyPhoneBook's Terms of Service and/or Privacy Policy and shall not affect the validity and enforceability of any remaining provisions. Provisions of DirtyPhoneBook's Terms of Service and/or Privacy Policy that are found to be unlawful, void, invalid and/or unenforceable, shall be limited or eliminated to the minimum extent necessary to reflect, as nearly as possible, the original intentions of the parties, and the other provisions of the Terms of Service and/or Privacy Policy shall remain in full force and effect.

25. Termination

DirtyPhoneBook may terminate your membership and/or suspend any and all Services and/or delete your DirtyPhoneBook account (including all related information, with your account; i.e. email addresses, your "MyDPB" contacts, passwords) and/or any content or information that you have posted on the Website or through the Service for any or no reason, at any time, in its sole discretion, with or without notice, without explanation and DirtyPhoneBook shall not be liable to you or any third party.

Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your DirtyPhoneBook account, you may simply discontinue using the Services. All provisions of the Terms of Service which by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You acknowledge and expressly agree that failure to follow DirtyPhoneBook's Terms of Service and/or Privacy Policy shall be considered a material breach of this Agreement and constitutes grounds for immediate termination of your membership without further notice at DirtyPhoneBook's sole discretion.

26. DirtyPhoneBook Definitions

"Anonymous" - our software gives you the ability to sign content with the Anonymous designation when posting. DirtyPhoneBook does not guarantee the anonymity of any content posted on the Website and/or through the Services. The Anonymous designation is only used to differentiate from Content that has been posted using an Authentic Signature, using a Username, or using a Custom Signature.

"Authentic Signature" - our software allows you to verify that a ten (10) digit phone number belongs to the mobile or landline device that is in your control. After properly completing the verification process, you will have a choice to autograph any of the content that you are posting with a specific designation ("Authentic Signature") that will signify to other users that the content was posted by a person that had properly Authenticated a specific ten (10) digit phone number. The use of the word "Authentic" in Authentic Signature does not guarantee the accuracy, truthfulness, correctness, integrity, or quality of such content and DirtyPhoneBook does not validate this content. Authentic Signature is only used to differentiate from Content that has been posted Anonymously, using a Username, or using a Custom Signature.

"Authenticated Signature Number" - a ten (10) digit phone number that Users provide to DirtyPhoneBook to verify that this ten (10) digit phone number belongs to a mobile or landline device that is in the Users' control. This phone number is required so that Users can obtain and use the Authentic Signature designation when signing content.

"Custom Signature" - our software gives you the ability to sign content any way you want when posting. DirtyPhoneBook does not guarantee the accuracy, truthfulness, correctness, integrity, or quality of such Custom Signatures and DirtyPhoneBook does not validate such Custom Signatures.

"Home Page Number" - our software gives you the ability to choose any ten (10) digit phone number from your DirtyPhoneBook and make it your Home Page Number. This makes it easier for you to navigate back to your Home Page Number from any point on the Website.

"Phone Number Profile Page" - Profile Page of a specific phone number created by users.

"Phone Number Search Box" - throughout the DirtyPhoneBook website, we have a distinct phone number search input box with three (3) input fields designed specifically to bring you to a Phone Number Profile Page of your choice.

"SMS notification Number" - this is a ten (10) digit mobile phone number that Users provide to DirtyPhoneBook, so that we can send SMS text message alerts to their mobile device. In order to receive SMS text message alerts users must double opt-in.

"Top 10" - our software gives you the ability to choose ten (10) of your favorite contacts from your DirtyPhoneBook, so that you can easily navigate to them from any point on the Website.

Terms of Service

Intro

1. Accepting the Terms of Service

2. Changes to Terms of Service

3. Eligibility

4. Registration, Password & Account Security

5. Electronic Communication Policy, Interstate Data Transmission & Your Consent

6. Access Cost

7. User Conduct

8. Proprietary Rights in Content on DirtyPhoneBook

9. Use of Content, Website and Services

10. Internet Browser Toolbar

Right to Use

Restrictions

Toolbar Software Updates

Policy Updates

Fees and Payments

Intellectual Property

Privacy and Other User Agreements

Disclaimer of Warranties

Limitation of Liability

Indemnification

Termination

Miscellaneous Provisions

11. Sidebar Gadget for Microsoft Windows

Right to Use

Restrictions

Sidebar Gadget Software Updates

Policy Updates

Fees and Payments

Intellectual Property

Privacy and Other User Agreements

Disclaimer of Warranties

Limitation of Liability

Indemnification

Termination

12. Dashboard Widget for Mac OS X

Right to Use

Restrictions

Dashboard Widget Software Updates

Policy Updates

Fees and Payments

Intellectual Property

Privacy and Other User Agreements

Disclaimer of Warranties

Limitation of Liability

Indemnification

Termination

13. No Duty to Monitor

14. Copyright, Trademarks and Intellectual Property Rights

15. Copyright and Intellectual Property Rights Infringement Procedures

16. Third Party Sites

17. Use of Software

18. Feedback

19. Disclaimer of Warranties

20. Limitations of Liability

21. Indemnity

22. International Use

23. Disputes

24. Waiver and Severability of Terms

25. Termination

26. DirtyPhoneBook Definitions