1. Your Acceptance
Access and use of the KeepComingBack.com website and services is provided by KeepComingBack.com, LLC ("KeepComingBack.com", "Us" or "We"). Please read this Terms of Use Agreement ("Agreement") carefully before using the KeepComingBack.com website and services (collectively the "Website"). The Website includes the site accessible at www.KeepComingBack.com together with any related websites operated by KeepComingBack.com, LLC at other domains. The Website also includes all features, content, or applications offered from time to time by Us in connection with the Website.

You are a user of the Website regardless of whether you are only browsing or visiting the Website, or have registered with KeepComingBack.com as a member (“Member”). By using the Website, you agree to be legally bound by all of the terms of this Agreement, and KeepComingBack.com’s Privacy Policy, which is incorporated herein by reference.

IF YOU DO NOT AGREE TO THIS TERMS OF USE AGREEMENT, YOU ARE NOT PERMITTED TO USE THE WEBSITE.

This Website is not intended for persons under 18 years of age. If you are under 18 years of age, you are not permitted to use this Website.

2. Representations and Warranties
By using the Website you represent and warrant that you are at least 18 years old, that you have legal capacity to enter into this Agreement (i.e. that you are of sufficient age or that you are an emancipated minor or possess legal parental or guardian consent, and that you are of sufficient mental capacity and are otherwise entitled to be legally bound in contract), that you have read and agree to abide by this Agreement, you have read and agree to our Privacy Policy, all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information, and your use of the Website does not violate any applicable law or regulation.

3. Access to the Website
In order to access some of the features of the Website, you will have to register as a Member. You agree that the information you provide will be correct, current, and complete. When you register to become a Member, you will choose a username and provide an email address. We will thereafter send you a password. You can change your password at any time by accessing your account on the Website and modifying your account settings. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of another Member at any time. You may not permit any other person to use your account, username or password to access the Website. You agree to notify KeepComingBack.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

You may terminate your Membership at any time, for any reason, by following the instructions on the Member's account settings page.

KeepComingBack.com may terminate your Membership at any time, without warning or notice, for any reason. In addition, we reserve the right, in our sole discretion, to refuse, restrict or suspend your access to the Website or any of its resources.

4. User Content
KeepComingBack.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, art or any other materials that you post to the Website (collectively, "User Content"). By displaying or publishing any User Content on or through the Website, you hereby grant to KeepComingBack.com a limited, non-exclusive, worldwide, perpetual, irrevocable, paid-up, royalty-free, sublicensable right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content solely on and through the Website. Nothing in this license grant shall limit KeepComingBack.com from pursuing business plans that generate revenue in connection with User Content on the Website. This license does not entitle you to any payment or share of revenues from KeepComingBack.com.

You represent and warrant that: (i) you own the User Content posted by you on or through the Website or you otherwise have the right to grant the license set forth in this section, and (ii) any User Content posted on or through the Website does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person. You agree to pay any and all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Website.

5. Prohibited Activity
In using or accessing the Website or its contents you agree that you will use the Website and its contents only for lawful purposes and in accordance with applicable law. 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. If a third party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials posted by other users or privately transmitted on or through this Website are the sole responsibility of such user, not KeepComingBack.com, and that KeepComingBack.com bears no responsibility or liability for any such postings or transmissions.

You may not post content to the Website in any form (including, but not limited to, on forums, chat rooms, blogs, instant messaging, or uploaded files of video or any other content) or otherwise make available on the Website any content, or act in a way, that: (1) libels, defames, invades the privacy of, or stalks any entity or person; (2) is obscene, pornographic, racist, abusive, harassing, threatening or offensive; (3) seeks to exploit or harm children by exposing them to inappropriate content, solicits personally identifiable information or otherwise; (4) infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity; (5) violates any law or regulation; (6) advocates or promotes illegal activity; (7) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; (8) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) or otherwise solicits funds, advertisers or sponsors; (9) includes programs which contain viruses, worms and/or "Trojan horses" or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; (10) amounts to "data warehousing" (i.e., using any web space made available to you as storage for large files); (11) violates any policy or regulations established from time to time regarding use of the Website or any networks connected to the Website; or (12) contains links to other sites containing the types of content described herein.

This is only a partial list of prohibited conduct. KeepComingBack.com reserves the right to investigate and take appropriate action, including, but not limited to, removing any content from the Website for any reason, suspending or canceling any Member’s membership status, and/or commencing legal action against any user who posts or otherwise makes available any content that KeepComingBack.com, in its sole discretion, deems inappropriate. KeepComingBack.com reserves the right to determine, in its sole and absolute discretion, whether any User Content falls within any prohibited category or is otherwise impermissible. It is the policy of KeepComingBack.com to terminate the membership of any member who is a repeat infringer of copyright protected material.

KeepComingBack.com grants you a limited, revocable, non-exclusive license, with no right to sublicense, to access, display, and copy material (excluding any software code) displayed or provided on the Website solely for your non-commercial, personal use. You may not copy, reproduce, distribute, broadcast, publish, collect into a database, display, perform, modify, create derivative works of, sell, license, transmit, or in any way exploit any part of the Website or Website content, except as specifically permitted herein. Any copies you make of appearing on KeepComingBack.com must include all copyright and other proprietary notices included on the original content. Without limiting the generality of the foregoing, you may not distribute any part of the Website over any network, including a local area network, nor sell or offer it for sale. Using any material displayed on the Website on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing any software used on the Website 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, is prohibited, except as permitted by law.

You may not circumvent, disable or otherwise interfere with any security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

6. Removal of Content
KeepComingBack.com does not endorse and has no control over the content posted by any user and has no obligation to review such content. KeepComingBack.com, in its sole and absolute discretion, may remove or modify any material posted by a user of the Website for any reason and without notice. KeepComingBack.com assumes no liability or responsibility for any content posted or other conduct by any user and has no obligation to remove or modify any content. You are solely responsible for the content that you upload or post to the Website and any material or information that you transmit to other members or in your transactions with other members or users. Content posted by users does not reflect the opinions or policies of KeepComingBack.com.

7. Intellectual Property Rights
The content on the Website, including but not limited to, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Website Content") and the trademarks, service marks and logos contained therein ("Website Marks"), are owned by or licensed to KeepComingBack.com and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. KeepComingBack.com reserves all rights not expressly granted to you hereunder in and to the Website, Website Content and Website Marks.

8. Copyright Policy
If you believe in good faith that any content appearing on the Website has been copied in a way that constitutes copyright infringement, you may forward the following information to KeepComingBack.com’s Copyright Agent at Keepcomingback.com, LLC, Attention: Copyright Agent, 8910 University Center Lane, Suite 220, San Diego, California 92122; or via Facsimile to (866) 902-1248: (i) information reasonably sufficient to permit us to contact you as the complaining party, such as your name, address, telephone number, and email address at which you may be contacted; (ii) identification and description of the copyrighted work that you claim has been infringed, or if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works; (iii) the exact URL or identification of the material that is claimed to be infringing; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owners.

9. Privacy
Use of the Website is further governed by KeepComingBack.com’s Privacy Policy, which is incorporated into this Agreement by reference.

10. Links to Other Websites
The Website (including user generated content) may contain links to other websites that are not operated by or maintained by KeepComingBack.com and are not covered by this Privacy Policy. KeepComingBack.com has no control over, and makes no representations or warranties or any kind with regard to, and has no responsibility or liability for the content of any other websites or their privacy policies or the way they collect, save, store and use information. You should review the privacy policy of each website you visit.

11. Disclaimer of Warranties
THIS WEBSITE AND ALL THE CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THIS WEBSITE AND ANY CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THIS WEBSITE IS AT YOUR OWN RISK.

KEEPCOMINGBACK.COM, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR WITH RESPECT TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THIS WEBSITE OR ANY SITES LINKED TO OR FROM THIS WEBSITE.

KEEPCOMINGBACK.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT KEEPCOMINGBACK.COM’S WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.

12. Limitation of Liability
IN NO EVENT SHALL KEEPCOMINGBACK.COM, ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KEEPCOMINGBACK.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

13. No Medical or Professional Advice
All Content on this Website, including but not limited to text, graphics, images, and all other material and content, regardless of the qualifications of the person or entity who posted it, is made available for information purposes only, is not a substitute for medical or professional help, advice, diagnosis or treatment, and may not be used or relied upon for diagnosing or treating a health problem or disease. Reliance on any information provided on this Website is solely at your own risk.

The transmission and receipt of information on or through the Website, directly or indirectly, does not constitute or create a doctor-patient, therapist-patient or other professional relationship between you and KeepComingBack.com, the author of such information or any other user of the Website.

14. Indemnity
You agree to defend, indemnify and hold harmless KeepComingBack.com, LLC, its members, managers, officers, directors, shareholders, parents, subsidiaries, affiliates, agents, employees and licensors, from and against any and all claims, losses, expenses, damages, obligations, liabilities, and costs, including reasonable attorneys fees, arising from or related to: (a) your use of and access to the KeepComingBack.com Website; (b) your violation or breach of any of the terms of this Agreement and/or your representations or warranties; (c) your placement or transmission of any User Content on or through Website; (d) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (e) any claim that one or more of your postings or submissions to the Website has caused damage to a third party. This defense and indemnification obligation will survive your use of the Website. We reserve the right to take over the exclusive defense of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall provide us with such cooperation as is reasonably requested by us.

15. Location/Consent to Transfer
The Website is hosted in the United States of America and is intended for and directed to users in the United States. Those who access or use the KeepComingBack.com Website from other jurisdictions do so at their own volition and risk and are solely responsible for compliance with local law. If you are accessing the Website from the European Union, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from the laws of the United States, your continued use of the Website, which is governed by this Agreement and our Privacy Policy under U.S. law, constitutes your consent to transferring your personal information to the United States.

16. Modifications
We reserve the right, at any time and without notice to revise this Agreement by posting such revisions on the Website. Any such revisions are effective immediately upon posting on the Website and your continued use of the Website constitutes your agreement to be bound by any such revisions. You may review the current Agreement at any time by accessing the Website.

17. Miscellaneous
If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. No waiver of any provision of this Agreement by Us shall be deemed a further waiver of any of the provisions of this Agreement. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by KeepComingBack.com without restriction. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any action you, any third party or KeepComingBack.com may bring to enforce this Agreement or, in connection with any matters related to the Website shall be brought only in the State or Federal Courts located in San Diego, California, and you expressly consent to the exclusive jurisdiction of said courts over yourself and any such matters. This Agreement, together with the Privacy Policy, is the entire agreement between the parties relating to the matters contained herein.

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

This Agreement was last modified on February 10, 2009.




Access and use of the KeepComingBack.com website and services is provided
by KeepComingBack.com, LLC ("KeepComingBack.com", "Us" or "We").
Please read this Privacy Policy carefully before using the KeepComingBack.com website and services (collectively the "Website"). The Website includes the site accessible at www.KeepComingBack.com together with any related websites operated by KeepComingBack.com, LLC at other domains. The purpose of this Privacy Policy is to inform you of the type of information we may gather about you when you visit the Website and how we use that information. This Privacy Policy is incorporated into and is subject to KeepComingBack.com’s Terms of Use Agreement. Please read this Privacy Policy carefully. By using the Website, you accept the policies set forth in this Privacy Policy.

Automatic Data Collection: We automatically collect certain non-personally identifiable information when you visit the Website such as the type of browser you are using, the type of operating system you are using and the Internet service provider you use. This data does not personally identify you but is helpful to learn how visitors view the content on the Website so that we can improve user experience. We use cookies to facilitate the login process and navigation for you to access the sections that require registration to post or contribute to the Website. “Cookies” are small pieces of information that are stored by your browser on your computer's hard drive. When you register as a member (“Member”), we assign a unique id to you and we place a cookie on your computer. We also collect information about aggregate site usage including unique visits, repeat visits and page views based on IP addresses.

Site Registration: Generally, you may browse the Website without providing any personally identifiable information. If you choose to register as a Member of the Website, you will be required to provide us with a valid email address and your login name preference so that we may send you a password to enable you to access the Member features of the Website. We retain your email address and login name in order to communicate with you in relation to the Website and your use thereof. Registration information is maintained in a secure environment by our third party vendors providing hosting and maintenance, chat services, email administration and other services related to the operation of the Website.

Information Posted on the Website: KeepComingBack.com takes no responsibility for any information, including personally identifiable information, that you post or make available on any portion of the Website in any form, including, but not limited to, in forums, chat rooms, blogs, instant messaging, private message to other users or uploaded files such as video, art or music. Certain content on the Website may be viewable by any visitor to the Website and/or to other members. Any information you make available on the Website is provided at your own risk. We advise you to use discretion in posting any personally identifiable information (such as your name, address, phone number or email address) to protect your privacy. If you choose to provide an e-mail address for others to contact you on the Website, we encourage the use of an anonymous address that does not contain your name or a domain name that could reveal your identity or other personally identifiable information. KeepComingBack.com is not responsible for any unsolicited communications resulting from your posting or otherwise making available your contact information.

Email Choice/Opt-Out: We will on occasion send information to Members via email that we think will be of interest to them. If you do not wish to receive such email communications from us, you can opt-out by following the instructions on the Member’s account settings page. Notwithstanding the foregoing, we reserve the right to contact you for other purposes relating to your membership or use of the Website including, but not limited to, notifying you of updates to the Terms of Use Agreement or this Privacy Policy, or of changes, updates or additions to Website features.

Sharing and Disclosure of Information: We will not sell the information we have collected from you, but reserve the right to generate revenue in connection with content on the Website by, for example and without limitation, by selling advertisements to appear on particular areas of the Website. We share information we have collected from you with our third party vendors providing services such as web site hosting, chat services, maintenance and email administration related to the Website only for use in connection with the operations of the Website, and with our parent or subsidiary companies. We may also share the information we have collected from you to comply with a court order or other legal process, to respond to a request from a law enforcement agency, to enforce the KeepComingBack.com Terms of Use Agreement or this Privacy Policy or to protect our rights or property or the rights or property of others.

In the event that KeepComingBack.com merges with or is sold to or otherwise acquired by another company, whether through a merger, consolidation, the sale of all or substantially all assets, change of control or any other corporate event, we may sell, transfer, assign or otherwise disclose any information we have collected to the surviving or successor entity. In the event of bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may be required to share the information we have collected in accordance with judgments from a proper authority or as otherwise required by law or in connection with the transfer of assets to a successor organization.

Security: We take commercially reasonable physical, technical and managerial steps to maintain the security of the information we collect. However, we do not guarantee that such information is completely secure and will never be accessed or disclosed in an unauthorized manner.

Third Party Links: In an attempt to provide you with increased value, we may include third party links on our Website. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our Website and welcome any feedback about these linked sites (including if a specific link does not work).

Changes to Privacy Policy: We reserve the right, at any time and without notice to revise this Privacy Policy by posting such revisions on the Website. Any such revisions are effective immediately upon posting on the Website and your continued use of the Website constitutes your agreement to be bound by any such revisions. You may review the current Privacy Policy at any time by accessing the Website.

Questions and Feedback:: We welcome your questions, comments and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issues, to info@keepcomingback.com.

Online Policy Only: This online privacy policy applies only to information collected through our Website and not to information collected offline.

Your Consent: By using our Website, you consent to our privacy policy.

This Privacy Policy was last modified on February 10, 2009.