Terms Of Use
We welcome you to Toober.com and ask you to review these Terms of Use.

Toober.com offers friends an opportunity to meet friends-of-friends in a known, trusted environment and save valuable time in connecting with the best people, leads and information. Whether you're looking for a job, a roommate, or a babysitter, your Network of Toober.com contacts is the best place to find what you're looking for and to connect with people who share your interests. You can upload your business cards to promote your business to the entire network as well. Additionally, Toober.com pays you points for getting others to join which are redeemable for prizes (see Prize Redemption page). A personal concierge service is also available to our members.

To become a member of Toober.com, 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 after you read this Agreement, you may not use Toober.com.

You agree that we may modify the terms of this Agreement or the Privacy Policy, in our sole discretion, by posting amended terms to this Web site. Your continued use of the service indicates your acceptance of the amended Terms of Service Agreement.

You understand and agree to the following: (a) if you choose to register, you must submit a valid e-mail address and select a password and user name during the registration process; (b) You are responsible for maintaining the confidentiality of your member name and password, and all uses of your account - whether or not you've authorized such use; (c) You agree to notify Toober.com immediately of any unauthorized use of your account and (d) You are at least 18 years of age or have your parent/guardian accept these terms of use for you. Toober.com will not be held liable for any loss or damage for non-compliance. In addition, you understand and agree that the content of all users, including your content, will be collected, aggregated and anonymously integrated into Toober.com. You understand, and agree that, unless expressly stated, Toober.com in no way controls, verifies, or endorses any of the information contained on or in Toober.com, including links, events, messages, message boards and members published classifieds.

Toober.com reserves the right to withhold points and/or prizes from any member without cause or reason.

If you decide to register for the Service, you must complete the Toober.com registration screen. As part of the registration process for the Service, you agree to: (a) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign up shall be referred to as registration data ("Registration Data"). Toober.com reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. Toober.com reserves the right to refuse the Service to any user.

Toober.com members are allowed to redeem their points for free rewards from the Prize Redemption page. Prizes can take 4-8 weeks for delivery or longer. Alternative comparable prizes may be substituted for the prize you claim if that prize is no longer available. Toober.com obtains most all prizes from 3rd party sources and cannot control the stock amount of the prize or if the prize is discontinued. Prizes are only shipped within the United States. Any other countries may incur a shipping cost or prizes may not be shipped at all. Please contact us for details about your location at support@toober.com.

By agreeing to these Terms, members affirm that they will not use this service to harass or abuse other members. Individuals who have demonstrably harassed other individuals via message boards, private messages, classifieds, or using other means may be removed from Toober.com.

You are fully responsible for any content you post on Toober.com, including, but not limited to, photos, personal profile(s), message boards, classifieds, events, testimonials, e-mail messages - and the consequences of any such content.

You understand and agree that Toober.com may review from time to time and delete any content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members.

Content that is illegal or prohibited, includes, but is not limited to, material, text, graphics, video or audio that:
  • Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
  • Displays sexually explicit material of any kind in an area that is not categorized for Mature Content
  • Is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh, or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait other users into responding).
  • Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation
  • Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.
  • Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
  • Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the Handshakes
  • Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without Handshakes prior consent
  • Contains personally identifiable information about another member that is published without their express consent
  • Contains material originally posted by another member that is reposted without permission or attribution
  • Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
  • Has misleading email addresses or other manipulated identifiers to disguise its origin
Handshakes considers the following content to be Mature:
  • Nudity
  • Explicitly sexual content -- visual depictions or written descriptions
  • Intense depictions or descriptions of violence or gore
  • Obscene gestures
  • Profanity that is sexual in nature or that is directed at another member
  • Discussions or information about illicit substances

Note: Hate speech is not acceptable and will not be tolerated on Toober.com. As defined by Toober.com, hate speech may consist of symbols or images, as well as text.

Toober.com defines sexually oriented content as any material that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing.

Toober.com - Additional membership information and rules:
  • Toober.com is not responsible and can not be held liable for any misconduct, misinformation or any other problems that arise from the concierge services. Concierges are professionally trained to provide a service, however are in no way able to guarantee services. Concierges work to the best of their ability. You reserve the right to cancel service at any time. No refunds.
  • Toober.com members may post their business cards on the site at their own risk and cannot hold Toober.com responsible for any damages that arise from this.
  • If for any reason Toober.com cancels your membership due to a violation of the Terms of Use, your points are no longer redeemable.
  • Points cannot be sold, traded or in any way redeemed for cash from Toober.com or any other party
  • Points are not redeemable until 30 days after your membership becomes active…The points you accrue in your first 30 days are redeemable.
  • All points being redeemed by our members are researched and traced for confirmation before the prize is ordered and shipped

Any attempts to alter, tamper or manipulate the point system will be immediately reported to the FBI for further investigation and your membership will be canceled and all your points will be lost Toober.com reserves the right to refuse membership to anyone. Toober.com may terminate your membership and any and all information, communications or postings, at any time, without notice, for conduct that violates this Agreement.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE TOOBER.COM SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE TOOBER.COM SITE ARE PROVIDED ON AN "AS IS" BASIS. TOOBER.COM, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER TOOBER.COM, NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE TOOBER.COM SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TOOBER.COM, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. IN NO EVENT SHALL TOOBER.COM, ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF TOOBER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER TOOBER.COM SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY. YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD TOOBER.COM HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST TOOBER.COM ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.

This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time. Any continued use of the Software or Service by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended terms.



ADDITIONAL TERMS OF USE

This Terms of Use Agreement sets forth the standards of use of the Toober.com Online Service. By using the website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Toober.com's website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Toober.com is providing Member with services to create profiles, network with contacts, create blogs, live instant messenger and live video, buy, sell, post, chat, view featured restaurants, featured artists, use the KidZone, Bella's Place, all classifieds, news, submit quotes, and more. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.

The site is provided by Toober.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Toober.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Toober.com shall have no liability for any interruptions in the use of this Website. Toober.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable. Toober.com may have reasonable amounts of down time to upgrade their server and cannot be held liable or responsible for any problems that arise from this.

3. Limitation of Liability

TOOBER.COM SHALL NOT be liable for any damages whatsoever, and in particular TOOBER.COM shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if TOOBER.COM has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

4. Indemnification

Member agrees to indemnify and hold Toober.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

Toober.com reserves the right to modify or discontinue the Service with or without notice to the Member. Toober.com shall not be liable to Member or any third party should Toober.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Toober.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties and from advertisers. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

7. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Toober.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

Toober.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Governing Jurisdiction of the Courts of Maryland

Our website is operated and provided in the State of Maryland. As such, we are subject to the laws of the State Maryland, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Maryland.

9. Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 Toober.com, Inc. with all rights reserved, or is the property of Toober.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Toober.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Toober.com.

Toober.com is a proprietary mark of Toober.com, Inc. Toober.com's trademarks may not be used in connection with any product or service that is not provided by Toober.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Toober.com .

All other trademarks displayed on Toober.com's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Toober.com.

11. Botnets

Toober.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Toober.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

12. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Toober.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.