THE FOLLOWING DESCRIBES THE TERMS ON WHICH XYSTAR.COM OFFERS YOU ACCESS TO OUR SERVICES NeatVibe.

1. Who we are. Xystar Technologies, Inc. is dedicated to providing premier online community destinations for enthusiasts from around the world. Individuals sign up and create a personal profile to immediately interact, communicate and connect with other community members through groups, creating blogs, posting in debates and forums, sharing of photos and videos. Xystar Technologies, Inc. ("Xystar.com," "Xystar" or "we") offer the NeatVibe website (the " Site") as well as other features, content, or applications, offered from time to time by Xystar in connection with the Site, (collectively, the " Services") on the terms and conditions set forth below.
   
   
2. User Agreement. This User Agreement ("Agreement") sets forth the legally binding terms of the Agreement between you ("You" or "you") and Xystar in connection with your use of the Services. Whether you are a "Member" (meaning that you have registered with Xystar) or a "Visitor" to the Site (meaning that you browse the Site but have not registered to become a Member), you must read, agree with, and accept all the terms and conditions contained in this Agreement, including the terms and conditions the NeatVibe Privacy Policy which are hereby incorporated into this Agreement by reference. The terms and conditions contained in this Agreement and in the NeatVibe Privacy Policy shall collective be referred to as "Terms and Conditions". By using the Site, whether as a Visitor or a Member, you agree you are intending to create an electronic agreement affirming your full understanding and agree to be legally bound by all of the Terms and Conditions of this Agreement, and you are warranting that you have the power and authority to enter into this Agreement and are over the age of 18 years at the time you use the Services. If you are a under the age of 18, you can use this Service only in conjunction with, and under the supervision of your parents or guardians. If you do not agree to the terms in this Agreement, leave the Site and do use the Service. Xystar accepts this Agreement upon your use of the Services or Site. This Agreement will always be available for your review under the "Terms and Conditions" link found on our website:http://www.neatvibe.com/community/home.do?method=terms.
   
   
3. Our Policies. This Agreement describes our policy for acceptable use of the Services and Site and the requirements for any text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content"). It also describes your rights, obligations and restrictions in connection with your use of the Services. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you. In addition, certain components of the Services may require you to download software or content and/or agree to additional terms and conditions. If you choose to do so, those additional terms are hereby incorporated into this Agreement.
   
   
4. Changes to this Agreement. We may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective immediately after they are initially posted on the Site and you agree to be bound to any changes when you use the Services after any such modification is posted. You should review this Agreement regularly to ensure you are updated on such changes. This Agreement may not be otherwise amended except in a writing signed by you and Xystar.
   
   
5. Eligibility. Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. By using the Services, you represent and warrant that (a) the information you provide in your Registration is truthful and accurate and you will maintain the accuracy of such information; (b) you are 18 years of age or older (if you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians); (c) your Membership has not previously been suspended or terminated by Xystar; and (d) your use of the Services does not violate any applicable law or regulation. Your Membership may be terminated and your profile deleted without notice, if we believe that you are under 14 years of age. Use of the Services, including Membership, is void where prohibited by law or Xystar.
   
   
6. Term. This Agreement shall remain in effect during the period in which you use the Services. You may terminate your Membership at any time, for any reason, by following the instructions on the My Account page of the Site. Xystar may, at in its sole discretion and without notice, terminate your Membership at any time for any reason or for no reason. Even after Membership is terminated, Sections 4 and 6, and Sections 9 through 24 (except Sections 18) of this Agreement will remain in effect.
   
   
7. Fees. While Xystar does not currently charge a fee for the Service, you acknowledge that Xystar reserves the right to charge for the Services and to change its fees from time to time in its discretion in countries where such fees are permissible.
   
   
8. If you wish to register for Membership with NeatVibe
   
   
9. Your Responsibilities. You agree not to use the Service to conduct any business or activity or solicit the performance of any activity which is prohibited by law or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with the Service. You agree you will not include telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter in your profile.
   
   
10. Posting Content. You are solely responsible for the Content that you post on the Site or through any of the Services, any material or information that you transmit to other Members, and for your interactions with other users of the Site or Services. Xystar does not endorse and has no control over the Content. Content is not reviewed by Xystar prior to posting and does not reflect the opinions or policies of Xystar. Xystar makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Members.
    
    
11. Your Representations and Warranties. You represent and warrant that (i) you own the Content you post on the Site or through the Services or otherwise have the right to grant the above license to Xystar, and (ii) the Content you post on the Site or through the Services does not violate the privacy rights, publicity rights, copyrights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content you post on the Site or through the Services.
    
    
12. Prohibited Content. Xystar prohibits the posting of certain Content on the Site. Following is a partial list of the kind of Content that is illegal or prohibited, and which you agree not to post on the Site or through the Services. You agree that you will not post content that:
    • harasses or promotes harassment of others;
    • exploits others in a sexual or violent manner;
    • contains nudity, violence, or offensive subject matter;
    • contains a link to an adult website;
    • is patently offensive and promotes racism, bigotry, hatred or physical harm of others;
    • advertises or promotes contests, sweepstakes, barter, advertising, or pyramid schemes;
    • provides any telephone numbers, street addresses, last names, URLs or email addresses;
    • solicits personal information from anyone under 18;
    • promotes the dissemination of false or misleading information,
    • promotes illegal activities or abusive, threatening, obscene, defamatory or libelous behavior;
    • promotes an illegal or unauthorized copy of another's copyrighted work or trademarks;
    • contains restricted access pages or hidden pages or images;
    • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
    • solicits passwords or personal information for commercial or unlawful purposes from others;
    • results in the transmission of "junk mail," "chain letters," or similar unsolicited mass mailing;
    • involves unauthorized commercial activities;
    • contains images of others that are posted without the person's consent;
    • contains sexually suggestive imagery;
    • contains nude or otherwise pornographic images of children; or
    • use of unfair, misleading or deceptive Content intended to draw traffic to your profile.
13. Prohibited Activities. (I)You agree not to use the Services to (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) cover or obscur the banner advertisements on your personal profile page, or any Xystar page; (f) use the account, username, or password of another Member at any time; (g) disclose your password to any third party or permitting any third party to access your account; or (h) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. (II) You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services or access to the Services. (III) Without our written consent, you agree you will not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to access the Services or monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Site for any purpose; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
    
    
14. Investigation and Legal Action. Xystar shall investigate all acts in violation of the above Prohibited Content and Prohibited Activities and compromises of its security and shall take all measures necessary to protect the Site and the Services, including, without limitation, cooperating with law enforcement authorities in prosecuting persons who perpetrate such acts.
    
    
15. Removal of Misleading or Offensive Content. XYSTAR MAY DELETE ANY CONTENT THAT IN XYSTAR'S SOLE JUDGMENT VIOLATES THIS AGREEMENT OR WHICH MAY BE ILLEGAL,OFFENSIVE, OR VIOLATE THE RIGHTS, HARM, OR THREATEN THE SAFETY OF ANY PERSON. XYSTAR IS NOT RESPONSIBILE FOR MONITORING THE SERVICES FOR INAPPROPRIATE CONTENT OR CONDUCT. IF XYSTAR CHOOSES, AT ANY TIME, IN ITS SOLE DISCRETION, TO MONITOR THE SERVICES, XYSTAR ASSUMES NO RESPONSIBILITY FOR THE CONTENT, NOR ANY OBLIGATION TO MODIFY OR REMOVE ANY INAPPROPRIATE CONTENT, NOR DOES XYSTAR HAVE ANY RESPONSIBILITY FOR THE CONDUCT OF ANY USER OF THE SITE OR SERVICES.
    
    
16. copyrightagent@xystar.com.
    
    
17. Your License to Xystar. After posting your Content to the Services, you hereby grant to Xystar a worldwide, non-exclusive, fully-paid and royalty-free, sub licensable, and worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Services. If you have any questions about this license, contact Xystar at support@xystar.com.
    
    
18. Xystar's License to You. The Site and Services contain Content of Xystar ("Xystar Content"). Xystar Content is protected by international copyright, trademark, patent, trade secret and other laws, and Xystar owns and retains all rights in the Xystar Content and the Services. Xystar hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Xystar Content (excluding any software code) solely for your personal use in using the Site and the Services. The Services also contain the Content of users of the Site and third party licensors. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services, unless you own or have legal rights to the Content.
    
    
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20. Limitation on Liability. THE SITE AND SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND XYSTAR EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. XYSTAR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. IN NO EVENT SHALL XYSTAR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF XYSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, XYSTAR'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO XYSTAR FOR THE SERVICES DURING THE TERM OF MEMBERSHIP. UNDER NO CIRCUMSTANCES SHALL XYSTAR BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, ATTENDANCE AT AN EVENT ADVERTISED ON THE SITE OR THROUGH THE SERVICE, FROM ANY CONTENT POSTED ON THE SITE OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY MEMBER OR OTHER USERS OF THE SITE OR SERVICES, WHETHER SUCH CONDUCT BE EXPRESSED ONLINE OR OFFLINE.
    
    
21. Indemnity. You agree to defined, hold harmless and indemnify Xystar, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners and employees, from and against any third party claims, damages, losses, liability, or demands (including reasonable attorneys' fees) arising out of your breach of your representations and warranties set forth above or other breach of this Agreement, and/or any Content that you post on through the Services resulting in Xystar's liability to another person or entity.
    
    
22. Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Francisco. Either Xystar or you may demand that any dispute between Xystar and you about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, California, USA, provided that the foregoing shall not prevent Xystar from seeking injunctive relief in a court of competent jurisdiction. You are solely responsible for your interactions with other Members of the Service. Xystar, in its sole discretion, may, but has no responsibility or obligation, to monitor disputes between you and other Members.
    
    
23. U.S. Export Controls. Services contain software (the "Software") that is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk and responsibility.
    
    
24. General. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between Xystar and you regarding the use of the Site and Services. The failure of Xystar to exercise or enforce any right or provision set forth in this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect

Please contact us at: support@neatvibe.com with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.