February 3, 2010

These terms and conditions (the “Forum Rules”) constitute an agreement between you and Undateable, LLC (“Undateable”), and govern your use of the website www.undateable.com (the “Website”) and your submission (a “Submission”) of any material, including without limitation, your comments, name, text, images, videos, audio, quotes and any other content or information, (the “Content”) for use on the Website as set forth below.

By using the Website, or making a Submission of any Content to the Website, you are agreeing to be bound by the following terms and conditions. Undateable reserves the right to modify these Forum Rules at any time. You are responsible for regularly reviewing these Forum Rules and any additional terms and conditions posted to these Forum Rules. Your continued use of the Website constitutes your agreement to all such additional terms and conditions. You understand that you must be eighteen (18) years of age or older in order to submit Content.

Article 1: Grant of Rights

1.1By making a Submission of Content, you hereby grant to Undateable, its parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, the unlimited right and permission to use the Submission or any part thereof, as well as any other information you provide to Undateable, anywhere in the world, at any time, in any manner, media or venue (whether now known or hereafter devised) and for any lawful purpose whatsoever, including, without limitation, for purposes of commerce, merchandising, entertainment, advertising, promotion or trade in promoting and publicizing the Website, Undateable, and its products and services.

1.2Undateable shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter the Submission in any manner for any purpose that Undateable deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission and you agree that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in any composite form of the Submission.

Article 2: Right to Remove

2.1Undateable shall have no obligation (express or implied) to post or otherwise use your Submission and Undateable may at any time remove your Submission at any time and for any reason without prior notice.

2.2In addition, Undateable shall have the right to prevent any person from using this Website at Undateable’s sole discretion.

Article 3: Representations and Warranties

3.1You represent and warrant to Undateable as follows:

3.1.1You are eighteen (18) years of age or older;

3.1.2You have fully complied with all rules, terms and conditions contained in these Forum Rules;

3.1.3The statements you make or stories you tell in the Submission as well as any other information you provide to Undateable are true and correct;

3.1.4You have secured all rights from all other persons who appear in the Submission necessary to allow you to grant to Undateable all rights of such other persons in the Submission;

3.1.5You are the owner of all rights in the Submission, the Submission is completely original and was created solely by you, and the Submission does not incorporate any material that is owned by anyone other than you, or, if you have included any third-party materials (including, for example and without limitation, any photography, artwork, text, copy, trademarks or logos owned by anyone other than you) in your Submission, you have secured all rights in the third-party materials necessary to allow you to grant to Undateable the rights in the third-party materials as detailed in the paragraph above, captioned “Grant of Rights”;

3.1.6You have the right to grant the rights granted herein, and neither the Submission, nor the use of the Submission by Undateable will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws.

3.1.7In addition, the Submission does not contain any content:

(a)That is defamatory, libelous, abusive, threatening, racist, sexist, homophobic, vulgar, obscene, pornographic, offensive, indecent, or otherwise objectionable;

(b)That promotes hatred or physical harm of any kind against any group or individual;

(c)That is derogatory to members of a particular race, nationality, sex, sexual orientation or religion;

(d)That promotes illegal activity; or

(e)That contains any advertising or other commercial content.

Article 4: Unser-generated Content

4.1You understand and agree that when using the Website, you may be exposed to content posted or submitted by users (collectively, “User-generated Content”), and that Undateable is not in any manner responsible for the User-generated Content, and that Undateable does not guarantee the accuracy, integrity, quality, or intellectual property rights of or relating to such User-generated Content, and that Undateable cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User-generated Content will not appear on the Website.

4.2You acknowledge that by providing you with the ability to access and view User-generated Content on the Website, Undateable is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User-generated Content or activities of users on the Website.

4.3Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User-generated Content are not necessarily those of Undateable or its affiliated or related entities or content providers.

Article 5: Indemnification

5.1You hereby agree to defend, indemnify and hold Undateable, its parent, subsidiaries and affiliated companies and its respective licensees, successors and assigns, harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses, including reasonable attorney’s fees, relating to or arising out of your use of the Website, including, without limitation, any use of your Submission by Undateable and any breach or alleged breach of any of your warranties, representations or agreements hereunder.

Article 6: Children‘s Privacy

6.1The site is intended for adults and only. We do not intentionally or knowingly collect, personally-identifiable information from people under the age of eighteen (18) and we request that individuals under the age of eighteen (18) not view this Website or submit any personal information or Submissions on the Website.

Article 7: Linked Sites

7.1You may be able to link to third parties’ Web Sites (”Linked Sites”) from the Website or any other Undateable, LLC website. Linked Sites are not, however, reviewed, controlled, or examined by Undateable, LLC in any way and Undateable, LLC is not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein.

7.2These links do not imply Undateable, LLC’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall Undateable, LLC be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites.

7.3You should direct any concerns to that site’s administrator or webmaster. Undateable, LLC reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Website and/or introduce different features or links to different users.

7.4SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.

7.5Permission must be granted by us for any type of link to the Website.

7.5.1To seek our permission, you may write to Undateable, LLC at info@undateable.com.

7.5.2We reserve the right, however, to rescind any permission granted by us to link through any type of link, and to require termination of any such link to the Website, at our sole discretion at any time.

Article 8: Contests, Promotions, Simulations or Games

8.1From time to time, Undateable, LLC may offer as part its services, either on or through the Website, contests, promotions, simulations or games (collectively, “Games”). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Undateable, LLC. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. Undateable, LLC, at its sole discretion, may suspend or revoke the registration of any Registered User.

8.2Registered Users agree to release Undateable, LLC and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Website. Undateable, LLC is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Game.

8.3Each Registered User agrees to be bound by the rules of any Game and by the rules of fair play and consideration of fellow Registered User.

8.4A Registered User who violates any of the rules or guidelines for behavior published on the Web Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. Undateable, LLC is under no obligation to award any prize to any Registered User who violates a published rule or guideline. Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.

8.5Undateable, LLC reserves the right to cancel, terminate or alter any Game or the rules thereof at any time without prior notification.

Article 9: Security

9.1Transmissions over the Internet are never 100% secure or error-free. However, we take reasonable steps to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction.

9.2It is your responsibility to notify us at info@undateable.com if you ever suspect that your personal information has been compromised. You are solely responsible for any unauthorized use of the site conducted via your personal information.

9.3In operating this site, Undateable, LLC does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or Undateable, LLC mail and email addresses, or in any other way.

9.4Any information or material submitted or sent to Undateable, LLC, shall be deemed not to be confidential or secret.

Article 10: General

10.1These Forum Rules constitute the entire agreement between you and Undateable. These Forum Rules and the relationship between you and Undateable shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.

10.2Undateable’s failure to exercise or enforce any right or provision of the Forum Rules shall not constitute a waiver of such right or provision.

10.3If any provision of these Forum Rules is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Forum Rules remain in full force and effect.