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Terms of Use for myInMates.com
1. Acceptance of terms of use and amendments
Each time you use or cause access to this web site, you agree to be
bound by these Terms of Use, as amended from time to time with or
without notice to you. In addition, if you are using a particular
service on this web site or accessed via this web site, you will be
subject to any rules or guidelines applicable to those services, and
they will be incorporated by reference within these Terms of Use. Please
read the site's Privacy Policy, which is
incorporated within these Terms of Use by reference.
2. myInMates.com's service
This web site and the services provided to you on and via this web site
are provided on an "AS IS" basis. You agree that myInMates.com reserves
the right to modify or discontinue provision of this web site and its
services, and to remove the data you provide, either temporarily or
permanently, at any time, without notice and without any liability
towards you, myInMates.com will not be held responsible or liable for
timeliness, removal of information, failure to store information,
inaccuracy of information, or improper delivery of information.
3. Your responsibilities and registration
obligations
In order to use this web site or certain parts of it, you may be
required to register for a user account on this web site; in this case,
you agree to provide truthful information when requested, and -- if a
minimum age is required for eligibility for a user account -- you
undertake that you are at least the required age. By registering for a
user account, you explicitly agree to this site's Terms of Use,
including any amendments made by myInMates.com that are published
herein.
4. Privacy policy
Registration data and other personally identifiable information that the
site may collect is subject to the terms of myInMates.com's
Privacy Policy.
5. Registration and password
You are responsible for maintaining the confidentiality of your
password, and you will be responsible for all usage of your user account
and/or user name, whether authorized or not authorized by you. You agree
to immediately notify myInMates.com of any unauthorized use of your user
account, user name or password.
6. Your conduct
You agree that all information or data of any kind, whether text,
software, code, music or sound, photographs or graphics, video or other
materials ("content"), made available publicly or privately, will be
under the sole responsibility of the person providing the said content,
or of the person whose user account is used. You agree that this web
site may expose you to content that may be objectionable or offensive.
myInMates.com will not be responsible to you in any way for content
displayed on this web site, nor for any error or omission.
By using this web site or any service provided, you explicitly
agree that:
(a) you will not provide any content or conduct yourself in any way that
may be construed as: unlawful; illegal; threatening; harmful; abusive;
harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene;
offensive; objectionable; pornographic; designed to interfere with or
disrupt the operation of this web site or any service provided; infected
with a virus or other destructive or deleterious programming routine;
giving rise to civil or criminal liability; or in violation of an
applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any
person or entity; you will not forge or otherwise seek to conceal or
misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide,
any content or service in any commercial manner, or in any manner that
would involve junk mail, spam, chain letters, pyramid schemes, or any
other form of unauthorized advertising or commerce; you will not use
this web site to promote or operate any service or content without
myInMates.com's prior written consent;
(e) you will not provide any content that may give rise to myInMates.com
being held civilly or criminally liable, or that may be considered a
violation of any local, national or international law, including -- but
not limited to -- laws relating to copyrights, trademarks, patents, or
trade secrets.
7. Submission of content on this web site
By providing any content to this web site:
(a) you agree to grant myInMates.com a worldwide, royalty-free,
perpetual, non-exclusive right and license (including any moral rights
or other necessary rights.) to use, display, reproduce, modify, adapt,
publish, distribute, perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part. Such license
will apply with respect to any form, media, technology already known at
the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other
rights that may be necessary to grant myInMates.com the license
specified in this section 7;
(c) you acknowledge and agree that myInMates.com will have the right
(but not obligation), at myInMates.com's entire discretion, to refuse to
publish, or to remove, or to block access to any content you provide, at
any time and for any reason, with or without notice.
8. Third-party services
Goods and services of third parties may be advertised and/or may be made
available on or through this web site. Representations made regarding
products and services provided by third parties will be governed by the
policies and representations made by these third parties. myInMates.com
will not in any manner be liable for or responsible for any of your
dealings or interaction with third parties.
9. Indemnification
You agree to indemnify and hold harmless myInMates.com and
myInMates.com's representatives, subsidiaries, affiliates, related
parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders, from any claim or
demand, including reasonable legal fees, that may be filed by any third
party, arising out of your conduct or connection with this web site or
service, your provision of content, your violation of these Terms of
Use, or any other violation by you of the rights of another person or
party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF ANY
SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS AT YOUR OWN RISK.
SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND myInMates.com
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR
EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
myInMates.com MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY
PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE,
TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT
WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY
MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER myInMates.com
NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY
KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB
SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT myInMates.com WILL
NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties,
and certain statements in the above disclaimer may not apply to you as
regards implied warranties; the other terms and conditions remain
enforceable notwithstanding.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT myInMates.com WILL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
myInMates.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES,
(II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING
FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV)
STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING
SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.
In some jurisdictions, it is not permitted to limit liability and,
therefore, such limitations may not apply to you.
12. Reservation of rights
myInMates.com reserves all of myInMates.com's rights, including but not
limited to any and all copyrights, trademarks, patents, trade secrets,
and any other proprietary right that myInMates.com may have in respect
of this web site, its content, and goods and services that may be
provided. The use of myInMates.com's rights. and property requires
myInMates.com's prior written consent. By making services available to
you, myInMates.com is not providing you with any implied or express
licenses or rights, and you will have no rights to make any commercial
use of this web site or provided services without myInMates.com's prior
written consent.
13. Notification of copyright infringement
If you believe that your property has been used in any way that could be
considered a copyright infringement or a violation of your intellectual
property rights, myInMates.com's copyright agent may be contacted via
the Feedback Tool.
14. Applicable law
You agree that these Terms of Use and any dispute arising out of your
use of this web site or products or services provided will be governed
by and construed in accordance with local laws applicable at
myInMates.com's domicile, notwithstanding any differences between the
said applicable legislation and legislation in force at your location.
By registering for a user account on this web site, or by using this web
site and the services it provides, you accept that jurisdiction is
granted to the courts having jurisdiction over myInMates.com's domicile,
and that any disputes will be heard by the said courts.
15. Miscellaneous information
(i) In the event that any provision of these Terms of Use is deemed to
conflict with legislation by a court with jurisdiction over the parties,
the said provision will be interpreted to reflect the original
intentions of the parties in accordance with applicable law, and the
remainder of these Terms of Use will remain valid and applicable; (ii)
The failure of either party to assert any right under these Terms of Use
will not be considered to be a waiver of that party's right, and the
said right will remain in full force and effect; (iii) You agree that
any claim or cause in respect of this web site or its services must be
filed within one (1) year after such claim or cause arose, or the said
claim or cause will be forever barred, without regard to any contrary
legislation; (iv) myInMates.com may assign myInMates.com's rights and
obligations under these Terms of Use; in this event, myInMates.com will
be relieved of any further obligation. |