Terms and Conditions for WebPod.com

Effective date: May 4th, 2010

PLEASE READ THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE, INCLUDING ANY REVISED AGREEMENTS THAT WE MAY POST FROM TIME TO TIME, STATE THE TERMS AND CONDITIONS UNDER WHICH IAC SEARCH & MEDIA PROVIDES YOU WITH VARIOUS SERVICES ON THE FOLLOWING WEB SITE: QBYRD.COM (THE "SITE"). ALL SERVICES PROVIDED BY IAC SEARCH & MEDIA ON THE SITE ARE COLLECTIVELY REFERRED TO AS "QBYRD SERVICES". BY ACCESSING, BROWSING AND/OR USING OUR WEB SITE AND/OR SERVICES POSTED ON THE WEB SITE, YOU ARE DEEMED TO ACCEPT THE TERMS OF SERVICE AND AGREE TO BE BOUND BY THIS AGREEMENT WITH RESPECT TO THE USE OF THAT WEB SITE. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS, BROWSE OR USE OUR WEB SITE OR ANY SERVICES WE PROVIDE.

Ownership of our Web Site and Protection of Our Intellectual Property Rights

The contents of our Site are intended for the personal, noncommercial use of our users. All right, title and interest to the content displayed on our Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of WebPod.com, or its licensors, and are protected by copyright, trademark, patent or other proprietary rights and laws.

Except as expressly authorized by WebPod.com, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any Content available through the Site.

Changes To This Agreement

WebPod.com may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on the home page. Your continued use of any of our Site following the posting of changes constitutes your acceptance of any such changes. You can review the most current version of this Agreement here. Please check this page from time to time for current terms of use.

Our Privacy Policy

The information that we obtain through your use of any of our Site, whether through the registration process or otherwise, is subject to the privacy policy posted on such site ("Privacy Policy"). The Privacy Policy contains terms and conditions that govern our collection and use of the information you provide to us, including our respective rights relative to that information. Please review the applicable Privacy Policy before you use our Site. If you are unwilling to accept the terms and conditions of the applicable Privacy Policy, please do not use our Site.

Other Policies

Your use of each site is also subject to the other policies, disclaimers and guidelines we post on such site from time to time.

Your License to Access Content on our Site

You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content retrieved from our Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Sites in any way, for any commercial use without the prior written permission of WebPod.com or the copyright holder identified in the relevant copyright notice.

You agree not to modify the Services in any manner or form, or to use modified versions of the Services, including (without limitation) for the purpose of obtaining unauthorized access to the Services or portions of the Services. You agree not to access the Services by any means other than through the interface that is provided for use in accessing the Services.

Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Sites shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of content of WebPod.com or of third parties on the Site. Any rights not expressly granted herein are reserved.

No Automated Querying

You may not send automated queries of any sort to our Site. Note that "sending automated queries" includes, among other things:

• using any software which sends queries to our Site to determine how a website or webpage "ranks" for various queries;
• "meta-searching"; and
• performing "offline" searches.

Links to Other Web Sites

A central part of the Services includes links to other World Wide Web sites or resources. Because WebPod.com has no control over such sites and resources, you acknowledge and agree that WebPod.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WebPod.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which WebPod.com has no control and which will govern your rights and obligations with respect to the use of those Web sites.

Your Contact With Advertisers Or Third Party Vendors

Your dealings with advertisers and third party vendors found on or through the Site and Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. WebPod.com does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that WebPod.com will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which WebPod.com has no control and which will govern your rights and obligations with respect to the use of those Web sites.

Compliance with Laws

You agree to comply with all applicable laws regarding your use of our Site including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.

Modifications To Services

WebPod.com reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that WebPod.com will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the ervices.

Termination of Your Access to the Services

You agree that WebPod.com, in its sole discretion, may terminate your access to any of the Services, and/or remove, discard or modify any Postings or content within the Service, for any reason, including, without limitation, for lack of use or if WebPod.com believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice. You agree that WebPod.com shall not be liable to you or any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.

Information Disclaimer and Disclaimer of Warranties

BY USING SERVICES YOU UNDERSTAND AND AGREE THAT:

• SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. WEBPOD.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITE.
• YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
• WEBPOD.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR NEEDS.
• ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

Limitation Of Liability

YOU UNDERSTAND AND AGREE THAT WEBPOD.COM IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, THE SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITE, OR (6) ANY OTHER MATTER RELATING TO OUR SITE OR SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT WEBPOD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN, IN NO EVENT WILL QBYRD'S DIRECT LIABILITY HEREUNDER EXCEED $100.00.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification of WebPod.com

You agree to indemnify and hold WebPod.com, its subsidiaries, and affiliates, and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Postings or other content you submit or that are submitted from your account, (b) your use of or reliance on the Services, (c) your connection to our Site, (d) your violation of this Agreement, or (e) your violation of any rights of another party.

Copyright and Trademark Notices

You acknowledge and agree to the copyright and trademark laws of the United States of America.

No Other Agreements Between Us

With the exception of our Privacy Policy, this Agreement constitutes the entire agreement between you and WebPod.com for governing your use of our Site and Services and supersedes any prior agreements between you and WebPod.com for that purpose, including any membership agreements or other similar agreements applying to our Site or Services.

Law Applicable to Interpretations and Disputes

This Agreement and the relationship between you and WebPod.com are governed by the laws of the State of California without regard to its conflict of law provisions. You and WebPod.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco County, California.

Severability of This Agreement

If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.

Limitation of Actions Brought Against WebPod.com

You agree that any claim or cause of action arising out of your use of our Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by WebPod.com to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.