This User Agreement (effective as of April 6, 2006) covers the web site FamedTrash.com (”FT”, the “Service” or “We”). Please read this User Agreement before using this Service. By continuing to use the Service and any of its associated content, including email, RSS and WAP, you agree to abide by the conditions of this User Agreement. If you do not agree to the terms of this User Agreement, please do not use the Service or any of its associated content.

FAMEDTRASH.COM SERVICE USER AGREEMENT

1. Agreement to Terms

By using the Service or engaging in any activity governed by the Terms of Use, you agree to be bound by all of the terms of this User Agreement. FT reserves the right to change the terms of this User Agreement or to modify any features of the Service at any time. Any changes to this Agreement shall become a part of the User Agreement and shall apply as soon as they are posted. The most current version of the User Agreement can be viewed at any time at: FamedTrash.com. Your use of the Service constitutes your agreement to all such terms, conditions and policies. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Service shall be subject to this User Agreement.

2. Copyright

The Service is licensed under a Creative Commons License. FT respects the right of others to make “fair use” of the materials contained in the Service and excerpts materials from other sources for the sole purpose of supporting various commentaries and writings contained in the Service. FT is in compliance with the terms set forth in the Fair Use Law as described below.

17 U.S.C. 107 (1988 & Supp. IV 1993). Section 107 provides in part:

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

3. Links

The Service contains links to external, third party web sites along with relevant commentary to provide you with a digest of current news stories. By providing links to other sites, FT does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Service. FT does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor does FT represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. You assume complete responsibility and risk in your use of any links and external sites.

4. Public Forums

a. FT encourages you to post, transmit or submit comments (collectively “Messages”) to public areas within, or in connection with, the Service (collectively “Public Forums”). FT accepts no responsibility whatsoever in connection with or arising from such Messages. FT does not endorse and has no control over the content of Messages submitted by others to Public Forums. Messages submitted to Public Forums are not reviewed by FT prior to posting and do not necessarily reflect the opinions or policies of FT. FT makes no warranties, express or implied, as to the content of Messages in Public Forums or the accuracy and reliability of any Messages and other materials in Public Forums. Nonetheless, FT reserves the right to prevent you from submitting materials to Public Forums and to edit, restrict or remove such Messages for any reason at any time.

b. FT assumes no responsibility for actively monitoring Public Forums for inappropriate Messages. If at any time FT chooses, in its sole discretion, to monitor Public Forums, FT nonetheless assumes no responsibility for the content of Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Public Forums, you agree to strictly limit yourself to discussions about the subject matter for which Public Forums are intended. You agree that FT accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of the Service to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of the Service by any other person.

c. Children under the age of 13 are not authorized to post Messages or participate in Public Forums.

d. You agree that any Message whatsoever submitted by you becomes the property of FT and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed or deleted as FT sees fit.

5. User Conduct

In connection with your use of any Public Forums, you may not submit to, distribute through, or otherwise publish through the Service any content which is, as determined by FT in its sole discretion, libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, disparaging, illegal, or otherwise objectionable or that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law. You agree that your activities (including without limitation submission of any Messages to Public Forums) will not:

a. infringe FT or any third party’s copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy (and by submitting Messages to Public Forums, you represent to FT that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner)

b. constitute (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law or may create liability for FT or cause FT to lose (in whole or in part) the services of its ISPs or other suppliers;

c. transmit content FT considers in its sole discretion to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable;

d. impersonate or claim the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;

e. unless specifically authorized by FT, are for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations, including “spam” or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth in Section 5;

f. contain any virus or other harmful component or otherwise disrupt the normal flow of communication in or operation of the Public Forums in any way; or

g. are libelous, or an invasion of privacy or publicity rights or any other third party rights.

6. Privacy

FT is committed to respecting the privacy rights of all visitors to the Service. FT encourages you to take a moment to carefully read the Service’s Privacy Policy.

7. Indemnification

You agree to indemnify and hold harmless FT and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this User Agreement. FT reserves the right to take over the exclusive defense of any claim for which it is entitled to indemnification under this section. In such event, you shall provide FT with such cooperation as is reasonably requested by FT.

8. Disclaimer of Warranties

THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT FT, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE SERVICE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA OR OTHER INFORMATION CREATED BY FT OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING THE MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS IN THE SERVICE, EVEN IF FT OR A FT AUTHORIZED REPRESENTATIVE HAS ADVISED YOU OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE.

10. Termination

You agree that FT, in its sole discretion, may remove and discard all or any part of your Messages made in any Public Forums, for any reason whatsoever in FT’s sole discretion. FT may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, or any activity governed by this User Agreement with or without notice. You agree that any termination of your access to the Service or any activity governed by this User Agreement may be effected without prior notice, and you agree that FT shall not be liable to you or any third-party for any such termination.

11. Miscellaneous

The failure of FT to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision. These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.