Modern Vagrant enables a Member to add a variety of Site Enhancements to Member's Web pages, subject to these Terms of Service. These Site Enhancements will enable the Member to solicit or post content that may include, without limitation, links, comments, communications, data, information, images, and postings (hereinafter, "Content") from visitors to the Member's Web pages and will allow visitors to the Member's Web pages to exploit additional features and tools that may include, without limitation, utilities that will enable visitors to search for information on the Member's Web pages. Member acknowledges and understands that, although the various Site Enhancements operate differently, a number of them will require that Member post certain aspects of the Site Enhancements on Member's Web pages, and a number of them will collect Content from the Member or from the visitor, some of which may be stored on the Vagrant Site and made accessible to visitors of the Vagrant Site -- regardless of whether such visitors arrived at the Vagrant Site without first accessing the Member's Web pages. The Vagrant Site Services will enable visitors of the Vagrant Site to access Content hosted on the Vagrant Site relating to the Site Enhancements used by the Member. The Vagrant Site, the Site Enhancements, the services offered in connection with the Site Enhancements, and the Vagrant Site Services are subject to reduction, modification, expansion, and/or elimination at any time and for any reason, or for no reason at all, in Vagrant Publications' sole discretion, with or without prior notice, or any notice, to Member.

By clicking the "I Accept" icon or using the Vagrant Site Services, you agree to use the Vagrant Site, the Site Enhancements, and the Vagrant Site Services in a manner consistent with all applicable local, state, federal, and foreign laws and regulations and in accordance with these Terms of Service.

Vagrant Publications reserves the right to delete any Content stored in connection with the Services at any time for any reason or no reason at all, in Vagrant Publications' sole discretion, with or without prior notice, or any notice, to Member.

Vagrant Publications may terminate any Member's use of the Services (and access to any and all Content related to Member's use of the Services) at any time, in Vagrant Publications' sole discretion, without prior notice, or any notice, for conduct that violates local, state, federal, or foreign laws or regulations, these Terms of Service or other policies or guidelines set out by Vagrant Publications elsewhere on the Vagrant Site, or for material that Vagrant Publications in its sole discretion believes is or may be directly or indirectly harmful to other Members, to Vagrant Publications or its subsidiaries, affiliates, or business contractors, or to other third parties. Members who have had their use of the Services terminated may not continue to utilize member privileges in any manner or for any reason without the express written permission of Vagrant Publications.

3.1 Age Of Consent. By accepting these Terms of Service, Member represents and warrants that he or she is of the legal age of consent in all applicable jurisdictions and, in any event, is at least 18 years of age. Any parent or legal guardian of a person less than 18 years of age may accept these Terms of Service on behalf of such person; however, in no event shall any person less than 13 years of age become a Member. By accepting these Terms of Service on behalf of a person who is between 13 through 17 years of age (inclusive), any parent or legal guardian hereby represents and warrants that he or she shall assume full responsibility for his or her child's compliance with these Terms of Service.

3.2 Binding Acceptance. In order to receive the Site Enhancements, Member will be required to click the "I Accept" icon. BY CLICKING THE "I ACCEPT" ICON, MEMBER AGREES TO BE BOUND BY THESE TERMS OF SERVICE. In order to use other aspects of the Vagrant Site and the Services, Member must be willing to comply with these Terms of Service. BY USING THE Vagrant SITE AND THE SERVICES, MEMBER AGREES TO BE BOUND BY THESE TERMS OF SERVICE.

3.3 Modification And Amendment Of Terms Of Service. Vagrant Publications reserves the right, in its sole discretion, to change, modify, add or remove all or part of these Terms of Service with or without prior notice, or any notice. Any modification or change will be posted at www.Modern Vagrant.Vagrant Media, PLC .com/admin/tos.html. Member shall be solely responsible for apprising him or her self of modifications or changes to these Terms of Service.

Member makes the following representations and warranties in connection with any Content in the Web pages Member uses in connection with the Site Enhancements and in connection with any Content that Member, or any visitor to Member's Web pages, causes to be displayed or stored in the Site Enhancements or in the Vagrant Site:

(a) all Content used by Member or displayed on or in connection with Member's Web pages, or hosted in connection with Member's Web pages within the Vagrant Site, or otherwise posted by Member in connection with the Services, is owned by Member, validly licensed for use by Member, or in the public domain; (b) none of the Content used by Member or in connection with Member's Web pages, or hosted in connection with Member's Web pages within the Vagrant Site, or otherwise posted by Member in connection with the Services, constitutes obscenity or defamation, disparagement, or libel of any individual, company, or other entity or product; (c) none of the Content used by Member or displayed on or in connection with Member's Web pages, or hosted in connection with Member's Web pages within the Vagrant Site, or otherwise posted by Member in connection with the Services infringes or violates any copyright, patent, trademark, or other similar intellectual property right, or otherwise violates or breaches any duty toward, or rights of any person or entity, including, without limitation, rights of privacy and publicity; (d) Member has sufficient rights in the Content used by Member or displayed on or in connection with Member's Web pages, or hosted in connection with Member's Web pages within the Vagrant Site, or otherwise posted by Member in connection with the Services to grant Vagrant Media, PLC the rights granted by Member under these Terms of Service.

5.1 Responsibility for Content. Vagrant Media, PLC is not responsible for any Content contained on, or linked to, Member's Web pages or hosted in connection with Member's Web pages within the Vagrant Site, or otherwise posted by Member in connection with the Services. Member acknowledges and agrees that he or she shall be solely responsible for any such Content. Except for certain automated screening procedures, Vagrant Media, PLC does not prescreen Content in any way before such Content appears on the Member's Web pages or on the Vagrant Site, nor does Vagrant Media, PLC otherwise monitor such Content on an ongoing basis, although Vagrant Media, PLC reserves the right, but assumes no obligation, to do so, including, without limitation, the right to edit, refuse to post, or remove any Content. Member shall bear all risk relating to the accuracy, completeness, reliability, usefulness, and legality of such Content.

Member further acknowledges and agrees that the Services permit visitors to add Content to Member's Web pages or to post Content through the Site Enhancements that will be displayed in connection with Member's Web pages. For certain types of Content, Members will have the opportunity to review and screen Content added by visitors before such Content appears live on Member's Web pages or on the Vagrant Site facilities used in connection with Member's Web pages. Member shall be responsible for ensuring that such Content complies with these Terms of Service.

5.2 Removal Of Content. Each Member, and not Vagrant Media, PLC , is responsible for the Content contained in, or linked to, such Member's Web pages and the Site Enhancements used in connection with Member's Web pages, and for ensuring that any such Content, whether posted by Member or any visitor to Member's Web pages, meets the requirements of these Terms of Service at all times. If any such Content violates these Terms of Service, the Member is responsible for removing the offending Content, even if the Member did not create or add the Content. Without limiting Vagrant Media, PLC ' right to delete any Content stored in connection with the Services at any time and for any reason or for no reason at all, in Vagrant Media, PLC ' sole discretion, with or without prior notice, or any notice, in the event that Vagrant Media, PLC chooses to provide notice to Member (which notice shall be sent to the e-mail address supplied in connection with Member's registration) of any offending Content on Member's Web pages or stored on the Vagrant Site facilities used in connection with Member's Web pages, and any offending Content that is the subject of such notice is not removed by the Member within two (2) days after such notice was transmitted, then Vagrant Media, PLC may terminate such Member's use of the Services, with or without further notice, in its sole discretion. Notwithstanding anything in the preceding sentence to the contrary, Vagrant Media, PLC may, at any time, terminate any aspect of Member's use of the Services or remove any Content with or without prior notice, or any notice, in accordance with these Terms of Service or applicable law, including, without limitation, the Digital Millennium Copyright Act and other laws protecting intellectual property, proprietary, and other third party rights.

5.3 Prohibited Conduct. The following is a nonexclusive list of activities and/or Content that shall not be permitted on Member Web pages or in connection with Site Enhancements used with Member Web pages or in connection with the Vagrant Site Services. Vagrant Media, PLC may block or remove any such activities or Content, and may otherwise deny service to anyone engaging in such activities or posting such Content, with or without prior notice, or any notice, in its sole discretion. Vagrant Media, PLC retains the right, but does not assume any obligation, to take such actions.

a)Any use of copyrighted, trademarked, patented or service marked Content without the express permission of the author or owner, the commission of any acts of copyright, trademark, patent, trade secret or other intellectual property infringement, or contributing to, inducing, or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

1. Making available copyrighted software which has been "cracked", for example, the copyright protection has been removed from the software;

2. Making available serial numbers for software that can be used to illegally validate or register software;

3. Making available tools that can be used for no purpose other than for "cracking" software (this does not include tools that have legitimate uses for software developers, system administrators, etc.);

4. Making available any software files for which the user does not own the copyright or have the legal right to make available.

b) Content or activity concerning any software, information or other material that contains a virus, corrupted data or any other harmful or damaging component.

c) Content or activity that exploits the images of children under 18 years of age, or that discloses personal identifying information belonging to children under 18 years of age, without their consent, or that discloses any personal identifying information that belongs to children under 13 years of age. Vagrant Media, PLC reserves the right to report violations of this provision to, and will cooperate with, law enforcement authorities.

d) Content or activity that is, in Vagrant Media, PLC ' view, grossly offensive to users of the network of Web sites operated by Vagrant Media, PLC and its subsidiaries and affiliates, including, but not limited to, clear expressions of bigotry, racism, or other hate speech, or threats of violence.

e) Content or activity that promotes illegal activity and any promotion of or provision of instructions for illegal activity.

f) Content or activity that defames, abuses, or threatens others or is libelous, defamatory, or disparaging.

g) Content or activity that is invasive of privacy or publicity rights, including posting another person's private information.

h) Content or activity that

1. depicts sexual content or nudity;

2. is contrary to customary standards for material suitable for public display; and

3. lacks serious literary, artistic, political, educational, or scientific value.

i) Use of the Vagrant Site or Site Enhancements as storage for remote loading, or as a door or signpost to another home page.

j) Use of the Vagrant Site or Site Enhancements to post hyperlinks to Content that violates these Terms of Service or any local, state, federal, or foreign law or regulation.

k) Transmission of unsolicited advertising, promotional materials, or other forms of solicitation via e-mail or news groups that list a Member Web page.

l) Restricting access to Member Web pages or Content posted in connection with the Services through the use of password protection or other means, other than through services provided by the Vagrant Site.

m) Misrepresentation of your identity or impersonation of any person including, but not limited to, employees of Vagrant Media, PLC ; or otherwise manipulating any identifying material that you use, including, but not limited to, forging headers or masking URLs.

n) Gathering personal identifying information from individuals for commercial or unlawful purposes.

o) Content or activity that is deemed by Vagrant Media, PLC , in its sole and absolute discretion, directly or indirectly harmful or potentially harmful to Vagrant Media, PLC , any third party content provider, or other individuals.

p) Content or activity regarding or linking to any raffle, contest or game requiring payment of a fee by participants.

q) Content or activity that constitutes or facilitates "spamming" or the sending of unsolicited messages.

r) Content or activity connected to the sale of any harmful, illegal, dangerous, obscene, pornographic, or indecent products or services, or products or services the sale of which is prohibited by any applicable law or regulation

s) The use of any Member Name that is vulgar or offensive or that otherwise violates these Terms of Service.

t) Any use of the Services to facilitate any violation of the Children's Online Privacy Protection Act or any other applicable laws governing privacy.

u) Other material or conduct that otherwise violates these Terms of Service or any applicable law.

v) Any action that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services or the Vagrant Site, including, without limitation, the use of any virus, worm, trojan horse, time bomb, trap door, denial of service attack, automated repetitive requests for information, or any other device that causes damage to any hardware, software, or equipment used in connection with the Services or the Vagrant Site.

All judgments concerning the application of these guidelines are made at the sole and absolute discretion of Vagrant Media, PLC .

Vagrant Media, PLC has the exclusive right to run advertisements on pages displaying any and all Content stored on the Vagrant Site in connection with the Services. By posting any Content through the Services that is to be hosted on the Vagrant Site or by enabling Content to be posted or made accessible on the Vagrant Site or through the Services, you agree that Vagrant Media, PLC has the right to run such advertisements on pages of the Vagrant Site displaying such Content. These advertisements may include, but are not limited to, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of advertising by Vagrant Media, PLC is subject to change at any time and for any reason, in Vagrant Media, PLC ' sole discretion, with or without prior notice, or any notice. Vagrant Media, PLC has the right to retain any and all revenues generated by any sales of advertisements on the Vagrant Site.

By partaking in the Services offered through the Vagrant Site pursuant to these Terms of Service, you grant Vagrant Media, PLC and its affiliates a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, store, modify, transmit, distribute, publicly display, publicly perform, and create derivative works from (a) all Content posted or created using the Site Enhancements or the Services and (b) the URLs for Member's Web pages (along with Member's user name) in order to operate the Services and to promote Member's Web pages and Member's and visitors' Content on or through the Vagrant Site and the Vagrant Media, PLC network of Web Sites or in connection with the Site Enhancements. The term of the license will extend only for the duration of the Vagrant Site membership. In the event that the Vagrant Site membership is terminated for any reason, Vagrant Media, PLC and its affiliates will relinquish all rights granted above following the duration of any applicable promotional activities ongoing at the time the membership is terminated.

8.1 Vagrant Media, PLC Intellectual Property Rights. Member acknowledges and agrees that the Content available through the Vagrant Site, including, but not limited to, various trademarks and service marks owned by Vagrant Media, PLC and its affiliates, licensors, and service providers, is protected by copyright, trademark, patent or other proprietary rights and laws, and may not be used in any manner other than as specified in these Terms of Service. Member agrees not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Vagrant Media, PLC in connection with the Services. Member agrees not to hold him or her self out as in any way sponsored by, affiliated with, or endorsed by Vagrant Media, PLC , any of Vagrant Media, PLC ' affiliates, or any of Vagrant Media, PLC ' service providers. Member agrees not to use any of the trademarks or service marks or other features or tools available through the Site Enhancements for any purpose other than their display on the Member's Web pages or the Vagrant Site and agrees not to defame or disparage Vagrant Media, PLC connection with the Site Enhancements, the trademarks or service marks of Vagrant Media, PLC , or any other aspect of the Services. Member agrees not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Services or any software or programs used in connection with the Services.

8.2 Third Party Intellectual Property Rights. Member acknowledges and agrees that certain content available on the World Wide Web is protected by copyright, trademark, patent or other proprietary rights and laws, and may not be used in any manner inconsistent with those rights.

8.3 Notifications of Intellectual Property Infringement. Vagrant Media, PLC processes, investigates, and responds to notifications of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Vagrant Media, PLC will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Vagrant Media, PLC will terminate access for Members who are repeat infringers. Notices of claimed infringement should be directed to:

Registered Copyright Agent
Beggar, Inc., A Division of Vagrant Media, PLC , Inc.
760 Fulton Street
Williamsberg, MA 01272
Telephone: (423) 558-2365 ext. 260
Facsimile: (423) 558-0233
E-mail address: Editor@vagrant.com

The words "Notice of Infringement" should be put in the subject line of all such notifications.

If Vagrant Media, PLC removes or disables access to any links or other materials that are claimed to be infringing, Vagrant Media, PLC may attempt to contact the Member whose site or link contained such material in order to give the Member an opportunity to respond to the notification, although Vagrant Media, PLC makes no promise to do so. Any and all counter notifications submitted by the Member will be furnished to the complaining party. Vagrant Media, PLC will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Vagrant Media, PLC replaces or restores access to any material as a result of any counter notification.

Vagrant Media, PLC will respond to all other notifications of claimed infringement of intellectual property rights in accordance with applicable laws.

Except as described in Vagrant Media, PLC ' Privacy Policy statement and as otherwise disclosed in these Terms of Service, which is available on the Vagrant Site as well as on the Vagrant Media, PLC Web site, Vagrant Media, PLC will not disclose any information about any individual user except to comply with applicable law or valid legal process (such as a court order, subpoena or search warrant), in circumstances where Vagrant Media, PLC , in its sole discretion, deems appropriate at the request of law enforcement officials, or to protect the personal safety of our users or the public. Please note, however, that some aspects of the Services require Member to make certain information publicly available, such as information posted on Member's Web pages and information stored in the Vagrant Site for Member, as well as the URL for Member's Web pages and Member's user name, which shall be posted on the Vagrant Site in connection with Member's use of the Services and which shall be used for promotion of the Services.

If, in its sole discretion, Vagrant Media, PLC determines that law enforcement officials or other necessary persons should be notified regarding any Member Web page, or any Content of Member's, Vagrant Media, PLC will provide copies of the Member Web page, or Member Content, in question to the appropriate officials without notice to the user. Vagrant Media, PLC will cooperate with all law enforcement efforts to locate persons who have posted Member Web pages or Content that is illegal or that promotes illegal conduct. This may result in Vagrant Media, PLC disclosing to law enforcement officials or other necessary persons user information and Internet protocol addresses pursuant to valid legal process (such as a court order, subpoena or search warrant), in circumstances where Vagrant Media, PLC , in its sole discretion, deems appropriate at the request of law enforcement officials, or to protect the personal safety of our users or the public.

10.1 DISCLAIMER OF WARRANTIES. THE MEMBER AGREES THAT USE OF THE Vagrant SITE AND THE SERVICES IS ENTIRELY AT THE MEMBER'S OWN RISK. THE Vagrant SITE AND THE SERVICES ARE PROVIDED FREE OF CHARGE, ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Vagrant Media, PLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE Vagrant SITE, THE SERVICES, AND THE MEMBER'S WEB PAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, Vagrant Media, PLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Vagrant SITE, THE SERVICES OR THE MEMBER'S WEB PAGES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE Vagrant SITE, THE SERVICES, OR THE MEMBER'S WEB PAGES OR THROUGH ANY LINKS PROVIDED IN THE Vagrant SITE, THE SERVICES, OR THE MEMBER'S WEB PAGES. NEITHER Vagrant Media, PLC NOR ANY THIRD-PARTY CONTENT PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE Vagrant SITE, THE SERVICES, OR THE MEMBER'S WEB PAGES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

10.2 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL Vagrant Media, PLC BE LIABLE ON ACCOUNT OF A MEMBER'S USE OR MISUSE OF THE Vagrant SITE OR THE SERVICES OR RELIANCE ON THE Vagrant SITE OR THE SERVICES OR FOR ANY USE OR MISUSE OF THE Vagrant SITE OR THE SERVICES OR OF THE MEMBER'S WEB PAGES BY MEMBER OR ANY THIRD PARTY VISITOR TO THE Vagrant SITE OR TO THE MEMBER'S WEB PAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF Vagrant Media, PLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Vagrant SITE, THE SERVICES, OR THE MEMBER'S WEB PAGES OR RELIANCE ON THE Vagrant SITE, THE SERVICES, OR THE MEMBER'S WEB PAGES, FROM INABILITY TO USE THE Vagrant SITE, THE SERVICES, OR THE MEMBER'S WEB PAGES OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Vagrant SITE, THE SERVICES, OR THE MEMBER'S WEB PAGES OR OTHER SERVICES ACCESSIBLE THROUGH THE Vagrant SITE, THE SERVICES, OR THE MEMBER'S WEB PAGES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Vagrant SITE OR THE MEMBER'S WEB PAGES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE Vagrant SITE, THE SERVICES, OR THE MEMBER'S WEB PAGES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Vagrant SITE, THE SERVICES, OR THE MEMBER'S WEB PAGES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE Vagrant SITE, THE SERVICES, OR THE MEMBER'S WEB PAGES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE Vagrant SITE OR THE SERVICES OR ANY PRODUCTS, SERVICES, INFORMATION, OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE Vagrant SITE, THE SERVICES, THE MEMBER'S WEB PAGES, OR THE NETWORK OF WEB SITES OPERATED BY Vagrant Media, PLC . THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

10.3 Vagrant Media, PLC MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSIBILITY OF THE LINKS, SERVICES, OR THE ASSOCIATED STORAGE FACILITIES. Vagrant Media, PLC IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER'S OR VISITORS' CONTENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

10.4 Vagrant Media, PLC and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the Vagrant Site or in connection with the Services and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any Content or services contained within the Vagrant Site or in connection with the Services; or losses or damages arising from the use of the Content or services provided by the Vagrant Site or in connection with the Services.

10.5 Certain links may make available certain information provided by third parties related to various professional fields such as medicine, law, and accounting. Vagrant Media, PLC does not give advice in any such fields and in no way endorses any of the information provided in this manner. If you intend to use any such information, you should carefully re-read capitalized words set forth above, as they will have special importance for you. All information made available through the Vagrant Site and in connection with the Services is made available subject to these Terms of Service, including this Section 10. Vagrant Media, PLC STRONGLY SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL REGARDING ISSUES IN ANY PROFESSIONAL FIELD.

Each Member agrees to indemnify Vagrant Media, PLC , its parent corporations, subsidiary corporations, affiliates, directors, officers, employees, successors, assigns, and third-party content providers against any and all claims and expenses, including attorneys' fees, arising from the Member's use or misuse of the Vagrant Site or Services. This includes, without limitation:

a) Member's responsibility for any and all liability arising from the violation or infringement of proprietary rights, copyrights, trademarks, or servicemarks;

b) Member's responsibility for any and all liability arising from any libelous or unlawful material contained within Member Web pages, or Member's Content; and

c) Member's violation of these Terms of Service.

Subject to these Terms of Service, Vagrant Media, PLC grants to Member a limited, nonexclusive, nonassignable, nontransferable, nonsublicensable, royalty-free license for the Term of these Terms of Service to use the Site Enhancements that are made available for Member's use, including any trademarks or service marks displayed in such Site Enhancements for the sole purpose of displaying the Site Enhancements on Member's Web pages and utilizing the Site Enhancements in conjunction with the Vagrant Site in accordance with these Terms of Service. Member's limited license to use the Site Enhancements does not extend to any commercial use, or to any use in violation of these Terms of Service, or of any other Terms of Service which may be posted from time to time at the Vagrant Site. Member acknowledges that all right, title and interest in the Site Enhancements, the Vagrant Site, and in all trademarks and service marks contained therein are exclusively owned by Vagrant Media, PLC and/or its licensors, and that no right other than the limited license granted herein is provided to Member. Member shall not assert copyright, trademark or other intellectual property or proprietary rights in the Site Enhancements, the Vagrant Site, the trademarks and service marks contained therein, or in any element, derivation, adaptation or variation thereof. Vagrant Media, PLC reserves the right to revoke this limited license at any time, for any reason, or for no reason at all, in Vagrant Media, PLC ' sole discretion.

The Term of these Terms of Service shall run from the time that Member clicks the "I Accept" button or uses the Vagrant Site through such time as Member's participation is terminated by one of the following mechanisms: (i) Member violates these Terms of Service; (ii) Vagrant Media, PLC terminates Member's use of the Vagrant Site and the Services, with or without prior notice, or any notice; or (iii) Member ceases to use the Vagrant Site or the Services, including the Site Enhancements. Those obligations under these Terms and Conditions which are continuing in nature shall survive termination of these Terms of Service.

Member hereby agrees to release Vagrant Media, PLC and its parents, subsidiaries, affiliates, directors, officers, employees, successors, and assigns from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, that Member may have against them arising out of or in any way related to such disputes and/or to the Services. Member hereby agrees to waive all laws that may limit the efficacy of such releases.

Member agrees not to resell, assign, sublicense, otherwise transfer, or delegate his or her rights or obligations under these Terms of Service without the prior express written authorization of Vagrant Media, PLC .

Under no circumstances shall Vagrant Media, PLC be liable for any delay or failure in performance under these Terms of Service resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunications equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of fluctuations in heat, light, or air conditioning.

Member agrees that regardless of any statute or law to the contrary, any claim or cause of action of the Member arising out of, or related to, Member's use of the Vagrant Site or the Services must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Vagrant Media, PLC and Member are independent contractors under these Terms of Service, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms of Service has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.

Vagrant Media, PLC ' failure to exercise any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms of Service to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of these Terms of Service remain in full force and effect.

All headings in these Terms of Service are for convenience only and shall have no legal or contractual effect.

These Terms of Service shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

This agreement shall be governed by and in accordance with the laws of the United States and the Commonwealth of Massachusetts as applied to agreements entered into and to be performed entirely within that Commonwealth between residents of that Commonwealth. The state and federal courts in Massachusetts shall be the exclusive jurisdiction, forum, and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions. You consent to personal jurisdiction and venue in the state courts in the Commonwealth of Massachusetts or the United States District Court for the District of Massachusetts.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Vagrant Media, PLC representatives and each Member with respect to the subject matter hereof. Vagrant Media, PLC may amend these Terms of Service at any time without prior notice, or any notice.

Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such material, a number of parental control protections (such as computer hardware, software, and filtering services) are commercially available. For more information on such parental control protections, click on the my.Vagrant Media, PLC .com/safetynet/safetynet.asp link.

We hope your enjoyment of Vagrant Media, PLC ' services and content will be enhanced by the application of the Terms of Service outlined in this document. It is our belief that you understanding of the guidelines that we have sent forth will allow the Vagrant Media, PLC community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms of Service and we hope you enjoy our services.