TERMS OF SERVICE (TOS): MEMBER AGREEMENT

WELCOME TO THERE.COM!

We know your time is valuable and we're glad you choose to spend it on There.com. Our goal is to provide a safe and welcoming place for you, your friends and family. This is why we require that you agree to our Member Agreement before proceeding on to the fun!

Highlights:
Here are highlights of the Member Agreement. It is, however, important that you read and understand the FULL Member Agreement (found in the next section) before proceeding:



Full Membership Agreement:

1. ACCEPTANCE OF TERMS
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "AGREEMENT") GOVERN YOUR USE OF THIS SITE ON THE WORLD WIDE WEB (THE "SITE") OF THERE.COM/MAKENA TECHNOLOGIES, INC. ("COMPANY") AND THE SERVICES AVAILABLE ON THIS SITE (THE "SERVICES") AND, AND ARE LEGALLY BINDING UPON YOU BY YOUR ACCEPTANCE OF THEM AS PART OF THE REGISTRATION PROCESS OR ACCESS OR USE OF THE SITE AND/OR SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT REGISTER FOR, ACCESS OR USE THIS SITE AND/OR THE SERVICES OR ANY INFORMATION CONTAINED ON THE SITE. YOUR ACCESS AND USE OF THIS SITE AND/OR THE SERVICES ON THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT COMPANY MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND CAN REVISE THESE TERMS AT ANY TIME. COMPANY WILL NOTIFY YOU OF SUCH REVISIONS BY POSTING NOTICE OF THE CHANGES AND THE UPDATED VERSION OF THESE TERMS ON THE SITE SO THE NOTICE IS VISIBLE WHEN USERS LOG-IN FOR THE FIRST TIME AFTER THE CHANGES ARE POSTED. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS. YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES SHALL CONSTITUTE YOUR CONSENT TO SUCH CHANGES.

This Agreement is a legal document that details your rights and obligations as a Company member entitled to a member account and to access and use the Services. You cannot become a member until you have accepted the terms of this Agreement. The Agreement provides very important information about your membership and the Services, so you should take the time to read and understand it. If you have questions about this Agreement, or about your rights and responsibilities as a member, please contact us at http://live.there.com. You should also take the time to review the Company Privacy Policy that reflects Company's current privacy policies and Behavior Guidelines that are a part of this Agreement and to which you are subject. The Internet and online world is changing rapidly and as technology and Company's business continue to evolve, these policies may have to be updated or revised. Since the Privacy Policy and Behavior Guidelines may change, you should check for the most current version at http://www.there.com.

2. DESCRIPTION OF SERVICES
This Agreement is your entire agreement with Company and governs your use of the Services. There may be additional terms and conditions if you use affiliate services, other Company services or products, or third-party software and/or services. To be a member, and receive Services you must not be a minor or, if you are a minor but you are at least 13 years old, have your account created and registered for you by your parent or guardian or have received permission from a parent or legal guardian to enter into this Agreement and register for and use the Services after you have reviewed the terms and conditions of this Agreement with him or her and discussed any questions that you may have. Further, you may only become a member if you live in a country or other political division that permits membership. This Agreement will be void and without effect, and you will not be entitled to any Services, if you do not satisfy these requirements. By continuing with the registration process, you represent that you are of majority age or, if you are a minor, that your account was created and registered by your parent or guardian or that you have received your parent(s) or legal guardian's permission to register for and use the Services under the terms and conditions of this Agreement and your parent or legal guardian has joined you in executing this Agreement. Further, if you are a parent who is registering for a child, you hereby agree to bind your child to these terms and to fully indemnify and hold harmless Makena if your child breaches or disaffirms this Agreement.

Upon completing the registration process, you will select a password and Company will set up an account that is uniquely associated with your membership. All of your access to Services will be through that account, except as otherwise set forth in this Agreement. The Services may include access to Company's online environment ("There Environment"). In the There Environment, you will be able to interact with other members and online constructs that may include people, objects, or sub-environments ("There Objects"); your interactions with There Objects will be through a There Object that you create (an "Avatar") and will be governed by the Behavior Guidelines of the There Environment.

You agree to comply with the limits set on your account by your type of membership. You further agree to comply with all the Behavior Guidelines for creation and use of Avatars, There Objects and the There Environment. Failure to comply with these Behavior Guidelines may result in termination of your accounts and membership without any prior warning or notice. There Objects will often have names similar or identical to corresponding physical categories such as "people," "real estate," "possessions," and the names of specific items in those categories such as "house," "ball," "table," "drink," and so forth. Despite the similar names, all There Objects are part of the There Environment and Company retains all rights, title, and interest in all parts of the There Environment, including, but not limited to Avatars and There Objects; these retained rights include, without limitation, patent, copyright, trademark, trade secret and other proprietary rights throughout the world. As part of your interactions with the There Environment, you may acquire, create, design or modify There Objects, but you agree that you will not gain any ownership interest whatsoever in any There Objects or There Environment, and you hereby assign to Company all of your rights, title and interest in any such There Objects. You further agree not to: (i) reverse engineer, disassemble or otherwise attempt to discover the source code or underlying structure of the There Environment; or, (ii) copy, modify, distribute, sublicense, sell, barter, lend, lease or time-share any part of the There Environment except as expressly permitted by this Agreement or the Behavior Guidelines for the There Environment. .

As a member you are responsible for all activity on your account and any other accounts associated with your account, including without limitation, through billing method or IP address ("Associated Accounts"). Violations or warnings accrued by your account can lead to termination of your account or any Associated Accounts. Because you are responsible for all use of your account and Associated Accounts, you must supervise the use of your account and any Associated Accounts by others. It is important that you not reveal your password to others. You agree not to reveal your password to others and you agree to indemnify and hold Company harmless for any improper or illegal use of your account or any Associated Accounts. This includes illegal or improper use by someone to whom you have given permission to use your account or any Associated Accounts. Your account or any Associated Accounts may be terminated if you let someone use it inappropriately. If your account or membership is terminated for any reason, Company is under no obligation to offer the Services or another membership to you or any person with an Associated Account in the future. If your account or any Associated Accounts in a specific virtual environment owned, operated and/or controlled by Company is terminated or suspended by Company, Company may, in its sole discretion, terminate or suspend your accounts or Associated Accounts in any other virtual environment(s) owned, operated and/or controlled by Company.

3. PRIVACY POLICY
Registration data and certain other account information about you is subject to our Privacy Policy. For more information, see our full Privacy Policy.

4. CHARGES, BILLING, THE FREE TRIAL AND FREE MEMBERSHIP
You are responsible and agree to pay all charges incurred, including applicable taxes and purchases made, by you or anyone you allow to use your account. There may be extra charges to access certain premium content, Services or areas of the There Environment. Company will provide notice of any extra charge before you incur any charges. You are responsible for any premium charges incurred using your account and these charges may apply even during the free trial and free membership. Billing information will be held as confidential in accordance with the terms set forth in the Company Privacy Policy.

Payment by Credit Card
You must use a credit card or an approved payment method to pay for your subscription. When you provide credit card information or other payment method information to Company, you represent and warrant that you are the authorized user of the credit card that is used to pay the subscription or other charges or fees. Unless you provide Company, prior to the expiry of your subscription, with a written notice of cancellation, your subscription will automatically renew for the same period of time. The automatic renewal will not apply if the recurring charges for your membership program have changed since the time of subscription. You agree to promptly notify Company of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Company if your credit card expires or is canceled for any reason.

Charges to Your Credit Card
Your subscription fees are payable in advance and are not refundable in whole or in part except as provided below in the Discontinuation of Service Section. Company reserves the right to change our fees or billing methods at any time. If your membership program includes recurring monthly fees, Company will provide you with notice of a change to such recurring monthly fees. You will be notified via email at least thirty (30) days in advance. Your continued use of the Services for thirty (30) days after notification of the changes to the recurring monthly fees means that you accept said changes. If any change is unacceptable to you, you may cancel your membership or a particular subscription at any time, but Company will not refund any fees that may have accrued to your account before cancellation of your membership or subscription, and we will not prorate fees for any subscription. If your use of the Service is subject to use or sales tax, then Company may also charge you for any such taxes, in addition to the subscription or other fees.

Free Periods to Subscriptions
We may offer a period of free access to the Services. You are always responsible for any Internet service provider, telephone, and other connection fees that you may incur when using the Services, even when we offer a free period to a subscription.

5. ONLINE CONDUCT AND CONTENT

Content
By content, we mean the text, software, communications, images, sounds and other information provided online. Most content in the There Environment is provided by Company, our members, our affiliates, or independent content providers under license. Company reserves the right to pre-screen and monitor content available in the There Environment. However, Company is not obligated to pre-screen or monitor the content and does not assume any responsibility or liability for content that is provided by others. Company does reserve the right to remove content that, in Company's judgment, does not meet its standards or does not comply with the Agreement, or that was originally accepted, but subsequently deemed inappropriate for any reason, but Company is not responsible for any failure or delay in removing such material. Keep in mind that Company is not responsible for content available on the Internet, although we reserve the right to block access to any Internet area containing illegal or other harmful content or otherwise being used for purposes that are unlawful or injurious to Company or its members. .

Company encourages members to participate and express their views. But it is important to remember that there are Behavior Guidelines that you must abide by as a member. This means that if you, or anyone using your account, violate the Behavior Guidelines, Company may take action against your account, ranging from the issuance of a warning to the termination of your account. You understand that Company is not required to provide notice prior to terminating your account for violating these Behavior Guidelines, but it may choose to do so. Please see our Behavior Guidelines.

Intentional Disruption of Services
You must respect the rights of others to enjoy safe and unimpeded access to the Services. You may not transmit or provide external links to any content containing a virus or corrupted data, or use the Services or other internet services in a manner that adversely affects the availability of Company's resources to other members, or otherwise interfere with the ability of others to access, use and enjoy the Services.

Inaccurate Representation of Identity
You may not impersonate another person (including celebrities), indicate that you are a Company employee or a representative of There.com or Makena Technology, Inc., or attempt to mislead users by indicating that you represent There.com or Makena Technology, Inc. or any of Company's partners or affiliates.

Selling of Accounts, and Content.
It is against There policy for members to sell member accounts to another member for purposes of making a profit. This includes specially priced Beta accounts.
There Inc. can and will take action (which may include suspension or termination) on any accounts found to be violating this policy.

Illegal Behavior
You will comply will all applicable laws, regulations, and ordinances as a condition of your membership. Company may terminate your account and membership upon receiving information involving your violation of any law, regulation or ordinance, and will cooperate with law enforcement agencies on such matters. Company may monitor the There Environment to enforce the Behavior Guidelines and policies of Company, to detect or verify illegal activity, and to cooperate with law enforcement agencies. Please refer to Behavior Guidelines for further details.

E-mail, Advertisements, Use of Member Information
Your membership allows you to send and receive e-mail to and from other members and users of the Internet. You may not use the Services to send unsolicited bulk e-mail, junk e-mail, chain letters or "spam". You may place advertisements only in areas designated for that purpose. Unsolicited advertising is not allowed. You must have permission from Company and/or the person to whom you are sending the advertisement.

You may not harvest or collect information, including screen names, about other members or users of the There Environment. The use of any information learned through the Services or while in the There Environment is limited to the express purposes set forth in this Agreement and the Behavior Guidelines for the There Environment; all other uses, including, without limitation, sending unsolicited bulk e-mail, are strictly prohibited.

Any violation of these provisions will subject your account and membership to immediate termination and further legal action. If you have received unsolicited bulk e-mail and want to report it, contact Customer Support at http://live.there.com; however, Company cannot guarantee that it can prevent your receipt of all such e-mail. Company also reserves the right to take any and all legal and technical remedies to prevent unsolicited bulk e-mail from entering, utilizing or remaining within the There Environment.

Trades
Trades are transactions between members involving any items or Therebucks that are purposely given to another member (by mutual agreement between the two involved members). Trades involve items owned by each party. Company does not take responsibility for trade between members. However, when scams or fraudulent behavior occurs, Company may research and take appropriate action. Trade scams are not permitted in The There Environment. Members involved with scamming or fraudulent trades may have their accounts suspended temporarily or permanently.

Proprietary Rights
The content available through the Services or in the There Environment is owned by Company and its suppliers, as applicable, and is protected by copyrights, trademarks, and other intellectual property rights (Copyright ©2003-2008, Makena Technologies, Inc., unless otherwise specified.) All rights not expressly granted herein are reserved. Any content that you upload or download while using the Service must be authorized; this means you must have the legal right to upload or download the content. You must not copy, transmit, modify, distribute, show in public or in private or create any derivative works from any of the content you find in the There Environment, unless you have the legal right or permission of There.com or Makena Technology, Inc. to do so. Making unauthorized copies of any content can lead to the termination of your account and may subject you to further legal action beyond the termination of your membership by Company or other content owners. You agree to indemnify and hold harmless Company and its subsidiaries, affiliates, related companies, employees, officers, directors and agents from any claims made by third parties relating to your use of any content.

Copyright Agents
Company respects the intellectual property of others, and we ask that you do the same. If you believe that your work has been copied on this Site in a way that constitutes copyright infringement and appears on this Site, please provide our copyright agent with the following information:
Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
By mail:
Agent for Notice
c/o Makena Technologies, Inc.
1825 South Grant Street, Suite 450
San Mateo, CA, 94402

By phone:
(650) 433-4040
By email:
agentfornotice@thereinc.com

Submissions
Company is pleased to hear from its members and welcomes your comments regarding the Services and the There Environment. However, Company's policy does not allow us to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. It is the intent of this policy to avoid any misunderstandings when projects developed by Company's professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you do not send us any original creative materials such as game ideas or original artwork. While we do value your feedback on our Services and products, we request that you be specific in your comments on those Services and products, and not submit any creative ideas, suggestions or materials.

All materials you send to Company, whether or not at our request, including, but not limited to, e-mail, postings, contest entries, Avatars, There Objects, creative suggestions, ideas, notes, drawings, materials, concepts or other information (except any Developer Submissions as defined in the Developer Addendum) (collectively, "Submissions"), shall be the property of Company and you hereby assign all of your rights, title and interest in and to such Submissions to There.com/Makena Technology, Inc.. None of the Submissions shall be subject to any obligation of confidence on the part of Company and Company shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You waive any and all moral rights in any such Submissions as well as any claim to a right of credit or approval.

6. DEVELOPER AGREEMENT
If you are a developer, your use of the Site and the Services is also governed by the Developer Addendum that is a part of this Agreement and to which you are subject.

7. COMPANY SOFTWARE LICENSES
Company provides you with a limited license to use software you receive or access as part of the Services (Software), subject to your compliance with this Agreement, the Behavior Guidelines of the There Environment, and any additional conditions made known to you at the time of download of particular software. You shall not copy, distribute, sell, lease, lend, sub-license, or charge others to use or access, Company software, or reverse engineer, disassemble or attempt to discover the structure or underlying ideas of any Company software. Company may occasionally provide automatic upgrades to improve the Services and the There Environment, Company employs virus-screening technology to assist in the protection of our network and our members, and Company software may include routines designed to prevent the spread of viruses, or improper use of the software (which routines may disable the software); you agree not to attempt to circumvent any of these functions or routines. You understand that Company's introduction of various technologies may not be consistent across all platforms and that the performance and some features offered by Company may vary depending on your computer and other equipment.

8. DISCLAIMERS AND LIMITATIONS

Warranty Disclaimers
YOU EXPRESSLY AGREE THAT THE USE OF COMPANY'S SOFTWARE, THE SERVICES, THE THERE ENVIRONMENT AND THE INTERNET IS AT YOUR SOLE RISK. COMPANY'S SOFTWARE, THE THERE ENVIRONMENT, AND ALL OTHER PRODUCTS, SERVICES AND TECHNOLOGY AND ACCESS (TO THE INTERNET OR OTHERWISE) ARE PROVIDED BY COMPANY AND ITS SUPPLIERS "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, ACCESSIBILITY OF THE SERVICES, AND ANY WARRANTY THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE, AND CAPACITY OF THE THERE ENVIRONMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH COMPANY OR THE THERE ENVIRONMENT AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Liability and Remedy Limitations
COMPANY AND ITS SUPPLIERS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SOFTWARE PROVIDED OR USED BY COMPANY SHALL BE THE REPLACEMENT OF SUCH SOFTWARE FOUND TO BE DEFECTIVE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH COMPANY IS THE CANCELLATION OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION 10. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, COMPANY AND ITS SUPPLIERS WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNTS IN EXCESS, IN THE AGGREGATE, OF THE FEES PAID TO COMPANY HEREUNDER DURING THE NINETY DAY PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE OR (II) FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST DATA OR (III) FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH STATES OR JURISDICTIONS, COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED USING THE SERVICES OR THE THERE ENVIRONMENT OR ANY WEB-SITE LINKED TO THEM. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on Company's equipment, transmitted over networks accessed by the site, or otherwise connected with your use of the Services.

9. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Company and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers, suppliers, sponsors, advertisers and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Agreement or are made by third parties related to your use of Services or the There Environment or the Internet, or in connection with your transmission of any content using the Services or There Environment. Company reserves the right to assume the exclusive defense and control of any claim otherwise subject to indemnification by you.

10. TERMINATION, CANCELLATION, AND INTERUPTION OF SERVICE

Termination
Either you or Company may terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership is your sole right and remedy with respect to any dispute with Company, except for refunds expressly provided for in the Cancellation and Discontinuation of Service sections below. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Company's enforcement or application of this Agreement; (2) any policy or practice of Company including its Privacy Policy, operation of the There Environment, or Company's enforcement or application of its policies or Behavior Guidelines; (3) the content available through the Services or There Environment or any change in content so provided; (4) your ability to access and/or use Services or the There Environment; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. Company reserves the right to deny or immediately terminate membership to anyone whom Company determines to be a sex offender or deems a threat in any way to other users, and may cancel your account and all Associated Accounts.

Cancellation
You can cancel your membership by contacting us at 1-866-4U-THERE. Cancellation will take effect within 72 hours of receipt of your request, and Company will send you written confirmation via email. If you cancel near the end of your billing period and are inadvertently charged for the next month's fee, please contact Company at http://live.there.com. Company reserves the right to collect fees, surcharges or costs incurred before you cancel your membership. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

In the event that your account is terminated or canceled, no refund, including any membership fees, will be granted, except for refunds expressly provided for in the Discontinuation of Service section below; no online time or other credits (e.g., points in an online game or any There Objects or Therebucks purchased, won, or earned) will be credited to you, nor can they be converted to cash or other form of reimbursement. You may not allow former members whose memberships have been terminated to use your accounts. Any delinquent or unpaid accounts or unresolved issues relating to former membership must be resolved before Company will permit you to have a new membership. All provisions of this Agreement that by their nature should survive termination of this Agreement do survive its termination, including, but not limited to, provisions on ownership, proprietary rights, warranty disclaimers and liability and remedy limitations.

Interruption of Service
Company reserves the right to interrupt the Service with or without prior notice for any reason or no reason. You agree that Company will not be liable for any interruption of the Service, delay or failure to perform and that Company is not obligated to refund monies for example, subscription fees or Therebuck purchases.

Discontinuation of Service
In the event Company permanently discontinues Service or terminates this Agreement other than for a breach of this Agreement by you or other cause, Company may, upon your request, refund your previous thirty days' purchases of subscription fees and Therebucks. Said refund is limited to purchases made in the thirty days prior to the permanent discontinuation of the Service and only applies to purchases you made directly from Company, not via any third-party, other members or any other source. Any Therebuck refund applies to purchases of Therebucks, whether or not those Therebucks are still in your possession. In no event will refunds be granted for Therebucks that were not obtained through direct purchase from Company. Refunds must be requested within fifteen days of the discontinuation and will be paid within thirty days of receiving the request. Requests should be sent to Customer Support. You may reach Customer Support at http://live.there.com.

11. NON-DISCLOSURE
You shall keep confidential and not disclose to any third party or use (except as part of using the Services and the There Environment) any non-public information obtained from Company or as part of your use of the Services and the There Environment (Confidential Information). This restriction will not apply to information that you can document is publicly available, or becomes publicly available, through no act or omission of yours. Due to the unique nature of Confidential Information, you agree there can be no adequate remedy at law for breach of this Section and that such breach would cause irreparable harm to Company; therefore, Company shall be entitled to seek immediate injunctive relief, without an obligation to post a bond in addition to whatever remedies it might have at law or under this Agreement. This restriction shall remain in effect even after the termination of your membership until all Confidential Information becomes publicly available.

12. LAW AND LEGAL NOTICES
This Agreement, in conjunction with any other agreements governing your use of the Service, such as the Privacy Policy, the Behavior Guidelines and the Developer Addendum, represents your entire agreement with Company. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Company's policies and Behavior Guidelines, including, but not limited to its Privacy Policy and Behavior Guidelines for the There Environment, including Company's enforcement of these policies and Behavior Guidelines, is not intended to confer, and does not confer, any rights or remedies upon any person. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of California, excluding its conflicts-of-law rules, govern this Agreement and your membership. As noted above, member conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Company or relating in any way to your membership or your use of Services or the There Environment resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Company or the There Environment any data or software or content that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement.

Information for California Residents:

Under California Civil Code Section 1789.3, California Members are entitled to the following specific consumer rights information:

Pricing Information.
Current rates for using There may be obtained at the appropriate time at http://www.there.com. Company reserves the right to change fees, surcharges, monthly membership fees or to institute new fees at any time upon notice, as provided for in Section 2 of this Agreement.

Complaints.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.