Terms of Use Last Updated April 30, 2008 PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE WWW.FIL-AMYELLOWPAGES.COM WEBSITE (THE “SITE”). Your use of the Site is subject to the Terms of Use; if you do not agree to the Terms of Use, please do not use the Website. Agreement to Terms of Use By using this Site, you signify that you agree to these Terms of Use. In addition, when using particular services available on this Site, you will be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use or the Guidelines at any time. Please check these Terms of Use and the Guidelines periodically for changes. Your continued use of this Site after the posting of changes will mean you agree to abide by those changes. Ownership This Site is owned and operated by Archipelago 7107, Inc. (“Company”), a Nevada corporation. The business name, phone, address, and other business contact information (the “Listings”) and other information, data, text, software, music, sound, photographs, graphics, video, messages and other information and material, and the arrangement thereof (collectively, "Content”) of this Site is protected by United States copyright and trademark law, international conventions and other applicable laws. This Site is the copyrighted property of Company. All trademarks, service marks, and trade names are proprietary to Company or their respective owners. As a condition of your use of this Site, you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Site in any manner that could damage, disable, overburden, or impair any Site or interfere with any other party's use and enjoyment of any Site. You may not attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site. Submission of Listings If you submit a Listing, you represent that you have the right to do so, that the information submitted by you is accurate and correct, and that you will maintain the accuracy and correctness of that information. Use of Listings You may view, use, copy, print, and distribute the Listings found on the Site for your internal, noncommercial, informational purposes only. You may not use the Site to compile a collection of listings; you may not use the Site to create a competing listing product or service. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Site. You have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, or sublicense the Listings, except as expressly set forth in these Terms of Use. The sale, auction, lease, loan, gift, trade or barter, or use of any Listings for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the Listings on any other Website or networked computer environment, is expressly prohibited. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Listings. All such rights are retained by Company. Company makes no representation as to the accuracy or completeness of any Listing. Moreover, the display of any Listing does not imply or create any endorsement by Company of the goods or services offered by that entity. Prohibited Activities You agree that you or your activities on this Site will not:   ·   infringe Company’s or any third party's copyright, trademark, trade secret or other proprietary rights or rights of publicity or privacy.   ·   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 Company or cause Company to lose (in whole or in part) the services of our ISPs or other suppliers.   ·   transmit content Company considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically or otherwise objectionable.   ·   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.   ·   submit any virus or other harmful component to the Site or otherwise disrupt the normal flow of communication in or operation of the Site in anyway or. Disclaimer of Warranties THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE SITE 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. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OWNERSHIP, OR OTHERWISE. YOU (AND NOT COMPANY) 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. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, IS COMPANY LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR ANY COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED 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 WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS SITE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM) OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. Indemnity You agree to defend, indemnify, and hold Company and its employees, representatives, agents, attorneys, affiliates, directors, officers, managers, and shareholders (collectively, the “Indemnified Parties”) harmless from any damage, lost, or expense (including attorneys’ fees and costs) incurred in connection with any third-party claim, demand, or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Use by you or (ii) arising from or related to your use of the Site. You may not settle any Claim without the consent of Company. General The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. 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. These Terms of Use and related Guidelines may not be transferred or assigned by you but may be assigned by Company without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms of Use or Guidelines made by Company. In order to cooperate with governmental requests, subpoenas or court orders, to protect Company’s systems, or to ensure the integrity and operation of Company’s business and systems, we may access and disclose any information we consider necessary or appropriate, including, without limitation, your IP address and traffic information, and usage history. Our right to disclose any such information supersedes any terms of our Privacy Policy.