Terms of Service:

6th Sense Communications Terms of Service Agreement
Welcome to Sixsense. The Sixsense service allows users, through their computers and mobile phones, to find other users within a physical proximity, to locate friends, and to create communities through localized bulletin boards. This agreement describes the terms on which you may access and use our services. In order to become a Sixsense user, you must read and accept all of the terms and conditions of this agreement and the Privacy Policy. If you do not agree to be bound by the terms, you may not use or access our services.

We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Sixsense service indicates your acceptance of the amended User Agreement.

Eligibility
The Sixsense Service is not available to minors under the age of 16 or to any users suspended or removed from the system by Sixsense for any reason. If you do not qualify, you may not use the Sixsense Service.

Use of Service
Your use of the Sixsense Service is governed by this User Agreement. Sixsense may refuse service without prior notice to any user for any or no reason.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. You agree to immediately notify Sixsense of any unauthorized use of your password or account or any other breach of security. Sixsense cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

User Conduct
You understand and agree not to use Sixsense to:
-- Post content or initiate communications which are unlawful, libelous, abusive, obscene, racist, threatening, discriminatory, or otherwise objectionable.
-- Use the Sixsense Service for any illegal purpose, including but not limited to conspiring to violate laws.
-- Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
-- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
-- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
-- Stalk or harass anyone.
-- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Sixsense Service.
-- Interfere with or disrupt the Sixsense Service or servers or networks connected to the Sixsense Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Sixsense Service.

International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable 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.

Information Provided on this Website
In the course of using the Sixsense Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the Sixsense website or otherwise providing materials to Sixsense, you are granting to 6th Sense Corporation a royalty-free, perpetual, irrevocable license to use this information in the course of offering the Sixsense service. Furthermore, you understand that Sixsense retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the Sixsense Service is the sole responsibility of the person from which such content originated and that Sixsense will not be liable for any errors or omissions in any content. You understand that Sixsense cannot guarantee the identity of any other users with whom you may interact in the course of using the Sixsense Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

Access to Service
Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the Sixsense website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to "frame" or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Communications
In the course of providing you services, Sixsense may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Sixsense Service. You also agree to have your name and /or email address listed in the header of certain communications which you initiate through the Sixsense Service. Additionally, Sixsense reserves the right to restrict the number of emails and/or text messages a user may send to another user in any 24-hour period to a number which Sixsense deems appropriate in its sole discretion.

Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Sixsense Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individual s sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Support Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the Sixsense Service that may expose you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Transactions with Organizations or Individuals
Sixsense shall not be liable for your interactions with any organizations and/or individuals found on or through the Sixsense Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Sixsense is not re sponsible for any damage or loss incurred as a result of any such dealings. Sixsense is under no obligation to become involved in disputes between participants on the site, or between participants on the site and any third party. In the event of a dispute, you release Sixsense, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected , disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

Termination
You agree that Sixsense may, with or without cause, immediately terminate your Sixsense account and access to the Sixsense Service without prior notice. Without limiting the foregoing, the following will lead to a termination by Sixsense of a user's use of the Sixsense Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your Sixsense account includes (a) removal of access to all offerings within the Sixsense Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Sixsense Service. Further, you agree that all terminations shall be made in Sixsense's sole discretion and that Sixsense shall not be liable to you or any third-party for any termination of your account or access to the Sixsense Service.

Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless 6th Sense Communications, Inc. its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Sixsense Service; ii) unauthorized access to or alteration of your communications with or through the Sixsense Service, or iii) any other matter relating to the Sixsense Service.

You understand and agree that Sixsense may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of Sixsense, its users, and the public.

Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE SIXSENSE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT SIXSENSE DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. SIXSENSE ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. SIXSENSE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

SIXSENSE MAKES NO WARRANTY THAT (i) THE SIXSENSE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SIXSENSE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SIXSENSE SERVICE WILL BE ACCURATE, RELIABLE, OR MEET YOUR EXPECTATIONS(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SIXSENSE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SIXSENSE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. SIXSENSE IS NOT RESPONSIBLE FOR ANY PROBLEMS, LOSS OF DATA, OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, MOBILE DEVICES, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEB SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY OTHER PERSON'S COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL FRIENDSTER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SERVICE, ANY CONTENT POSTED ON THE WEB SITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE WEB SITE, WHETHER ONLINE OR OFFLINE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SIXSENSE OR THROUGH OR FROM THE SIXSENSE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement
The User Agreement constitutes the entire agreement between you and Sixsense and governs your use of the Sixsense Service, superceding any prior agreements between you and Sixsense.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIXSENSE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIXSENSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SIXSENSE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SIXSENSE FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Governing Law
The User Agreement between you and 6th Sense Communications, Inc. will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles.