General
Avenue Creations and, its subsidiaries and affiliates (collectively "AVENUE") provide you with access to this Web site and the services available on this Web site, or other Web sites as indicated below, (collectively, the "Services," which will be defined more under the Section, "Services."). Access to and use of the Services is governed by these Terms of Use (the "Agreement"). By accessing or using the Services, you indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms.

Only Personal Use is Authorized
Under this Agreement, AVENUE gives you limited permission to access and use the Services only for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own Web site any portion of the Services or display through your own Web site any results pages or other information from the Services without AVENUE's express permission.

Your right to access the Services is subject to any limits established by AVENUE. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except those automated means expressly made available by AVENUE, if any, or authorized in advance and in writing by AVENUE (for example, AVENUE approved third party tools and services). The AVENUE Web Site contains robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limitation to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by AVENUE).

The technology underlying, and content within, the Services is owned by AVENUE and/or its licensors (including AVENUE's advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. That would not be a good thing. As between you and AVENUE, AVENUE owns and retains all ownership of the technology underlying and content within the Services, and reserves all rights not explicitly granted to you in this Agreement.

Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. AVENUE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

AVENUE's Potential Liability for the Services is Limited
NEITHER AVENUE NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICES, OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES. AVENUE WILL NOT BE LIABLE FOR ANY MATERIAL OF WEB SITES IT LINKS TO AS PART OF THE SERVICES OR FOR INFORMATION CONTAINED IN OR PART OF THE SERVICES INCLUDING BUT NOT LIMITED TO SEARCH RESULTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF AVENUE, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.

Defamation, Copyright and Trademark Claims
AVENUE is a provider of interactive computer services for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein.
Further, AVENUE is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, AVENUE has designated an agent to receive notifications of alleged copyright infringement on the Services:

Attn: Business and Legal Affairs c/o
AVENUE CREATIONS
PO Box 4521
Wyoming, Pennsylvania 18644
E-Mail: termsofuse@avenue-creations.com

Objectionable Material and Family Filtering
AVENUE encourages you to use discretion when browsing the Internet or using the Services. The Services may contain information that you find objectionable, harmful, deceptive or otherwise inappropriate, especially for children. If this is a concern for you, AVENUE encourages you to use the adult filtering service that may be provided by AVENUE. To ensure you do not receive offensive material, nevertheless, you must install your own filtering software if you wish to limit the content available through the Services.
If you come across any site that you believe contains child pornography or other illegal material, please contact termsofuse@avenue-creations.com and we will contact the authorities as appropriate.

Privacy and Data Collection
AVENUE does not collect personally identifying information from users of the Services unless users have explicitly given such information to AVENUE (for example, when becoming an advertiser or when sending us an e-mail with a question or as part of a contest). AVENUE's information practices are further described in its privacy policy. AVENUE's privacy policy is part of this Agreement, and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. If you have entered into another agreement with AVENUE (such as an Affiliate Agreement or an Advertiser Agreement), then you may be subject to additional or different provisions regarding privacy and data collection. If you would like more information, please read our privacy policy. You should consider any communication that you transmit to AVENUE (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that AVENUE will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.

Control over Features, Functions, and Access to the Services
AVENUE reserves the right to change any information, features and functions of the Services without prior notice. AVENUE may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that AVENUE determines, in its sole discretion, violate this Agreement, the rights of AVENUE or any third party, or is otherwise inappropriate.

Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. AVENUE's failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction 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 the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Arbitration
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Scranton, Pennsylvania, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or AVENUE may seek any interim or preliminary relief from a court of competent jurisdiction in Luzerne County, Pennsylvania, as necessary to protect the rights or property of you or AVENUE.

Amendment
AVENUE may amend this Agreement at any time by posting the amended terms on its Web site. This Agreement may not be otherwise amended except in a written document signed by you and AVENUE.
This agreement was last revised on June 11th, 2005.