MyCrib's Terms of Use Agreement
Effective Date: February 21, 2008
Introducation
MyCrib.net is a social networking service that allows members to create unique personal profiles online in order to find and communicate with old and new friends. The service is operated by MyCrib, Inc., (hereinafter referred to as "MyCrib.net"). By using the MyCrib.net Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member, communicate with other Members and make use of the MyCrib.net services (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MyCrib Services. By using the MyCrib Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MyCrib Website) or you are a "Member" (which means that you have registered with MyCrib.net). The term "User" refers to a Visitor or a Member. You are only authorized to use the MyCrib Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the MyCrib Website and discontinue use of the MyCrib Services immediately. If you wish to become a Member, communicate with other Members and make use of the MyCrib Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes MyCrib.net's policy for acceptable use of the MyCrib Services and Content posted on the MyCrib Website, your rights, obligations and restrictions regarding your use of the MyCrib Services and MyCrib.net's Privacy Policy. In order to participate in certain MyCrib Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the MyCrib Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@MyCrib.net, Subject: Terms of Use Agreement.
Please choose carefully the information you post and provide to other Members on MyCrib.net. Your MyCrib.net profile should not include the following items: telephone numbers, street addresses, last names; and any photographs posted by you may not contain nudity, violence, or offensive subject matter. Information provided by other MyCrib.net Members (for instance, in their Profile) may contain inaccurate, inappropriate or offensive material, products or services; MyCrib.net assumes no responsibility or liability for this material. MyCrib.net does not endorse, validate, or support solicited services, products, materials, and the like, posted and or advertised by anyone using MyCrib.net. MyCrib.net assumes no responsibility or liability for any misuse and violations of the Terms and Conditions (as outlined in this document and all subsequent updates or revisions) by users and or Members on MyCrib.net.
MyCrib.net reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.
By participating in any offline or online MyCrib.net event, activity, and or social networking you agree to release and hold MyCrib.net harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, either directly or indirectly related to or arising from your participation in any such offline or online MyCrib.net event, activity, and or social networking.
Eligibility and Registeration
Membership in the Service is void where prohibited. By using the Website and the Service, you represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You further represent and warrant that you are 14 years of age or older and that your use of the MyCrib.net shall not violate any applicable law or regulation. Your profile may be deleted without warning, if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members. You are allowed to open up to two (2) accounts; if you violate the number of accounts allowed, your additional accounts are subject to deletion without warning or notice.
Term
This Agreement shall remain in full force and effect while you use the MyCrib Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. MyCrib.net may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
Fee
You acknowledge that MyCrib.net reserves the right to charge for the MyCrib Services and to change its fees from time to time in its discretion. If MyCrib.net terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Password
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify MyCrib.net immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non Commercial Use by Member
The Website is for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of MyCrib.net. Illegal and/or unauthorized use of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website will be subject to investigation. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by MyCrib.net for any illegal or unauthorized use of the Website.
Proprietary Rights
1. MyCrib.net does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the MyCrib Services. After posting your Content to the MyCrib Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the MyCrib Services, you hereby grant to MyCrib.net a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MyCrib Services.
Without this license, MyCrib.net would be unable to provide the MyCrib Services. For example, without the right to modify Member Content, MyCrib.net would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, MyCrib.net could not allow Users to listen to music posted by Members. The license you grant to MyCrib.net is non-exclusive (meaning you are free to license your Content to anyone else in addition to MyCrib.net), fully-paid and royalty-free (meaning that MyCrib.net is not required to pay you for the use on the MyCrib Services of the Content that you post), sublicensable (so that MyCrib.net is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the MyCrib Services), and worldwide (because the Internet and the MyCrib Services are global in reach). This license will terminate at the time you remove your Content from the MyCrib Services. The license does not grant MyCrib.net the right to sell your Content, nor does the license grant MyCrib.net the right to distribute your Content outside of the MyCrib Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the MyCrib Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the MyCrib Services does not violate the privacy rights, publicity rights, copyrights, contract rights 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 posted by you to or through the MyCrib Services.
3. The MyCrib Services contain Content of MyCrib.net ("MyCrib.net Content"). MyCrib.net Content is protected by copyright, trademark, patent, trade secret and other laws, and MyCrib.net owns and retains all rights in the MyCrib.net Content and the MyCrib Services. MyCrib.net hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MyCrib.net Content (excluding any software code) solely for your personal use in connection with viewing the MyCrib Website and using the MyCrib Services.
4. MyCrib.net owns and retains all proprietary rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of MyCrib.net and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted on the Site
1. MyCrib.net may delete any Content that in the sole judgment of MyCrib.net violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MyCrib.net assumes no responsibility for monitoring the MyCrib Services for inappropriate Content or conduct. If at any time MyCrib.net chooses, in its sole discretion, to monitor the MyCrib Services, MyCrib.net nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the MyCrib Services, and any material or information that you transmit to other Members and for your interactions with other Users. MyCrib.net does not endorse and has no control over the Content. Content is not necessarily reviewed by MyCrib.net prior to posting and does not necessarily reflect the opinions or policies of MyCrib.net. MyCrib.net 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 other Members.
c) By posting any Content to the public areas of the Website, you hereby grant to MyCrib.net the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website. d) The following is a partial list of the kind of Content that is illegal or prohibited on the Website. MyCrib.net reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.
Prohibited Content includes Content
The following is a partial list of the kind of Content that is illegal or prohibited on the Website. MyCrib.net reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of MyCrib:
1. Is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
2. Harasses or advocates harassment of another person.
3. Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming".
4. Promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5. Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
6. Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page.
7. Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
8. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
9. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
10. Involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes.
11. You must use the Service in a manner consistent with any and all applicable laws and regulations.
12. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although MyCrib.net cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MyCrib.net reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which MyCrib.net deems appropriate in its sole discretion.
13. You may not cover or obscure the banner advertisements on your personal profile page, or any MyCrib page via HTML/CSS or any other means.
14. Any automated use of the system, such as using scripts to add friends, is prohibited.
15. You may not attempt to impersonate another user or person who is not a member of MyCrib.net.
16. You may not sell or otherwise transfer your profile.
17. Provides any telephone numbers, street addresses, last names, URLs or email addresses.
18. Includes a photograph or video of another person that you have posted without that person's consent.
19. Publicly posts information that poses or creates a privacy or security risk to any person.
20. Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MyCrib.net to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to MyCrib.net by the copyright owner or the copyright owner's legal agent.
Member Disputes
You are solely responsible for your interactions with other MyCrib.net Members. MyCrib.net reserves the right, but has no obligation, to monitor disputes between you and other Members.
Privacy
Use of the MyCrib Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers
MyCrib.net is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. MyCrib.net is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. MyCrib.net assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. MyCrib.net is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall MyCrib.net be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and MyCrib.net expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MyCrib.net cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Limitation on Liability
IN NO EVENT SHALL MYCRIB.NET 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 WEB SITE OR THE SERVICE, EVEN IF MYCRIB.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYCRIB.NET.S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO MYCRIB.NET FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
Indemnity
You agree to indemnify and hold MyCrib.net, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Other
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and MyCrib.net regarding the use of the Website and/or the Service. The failure of MyCrib.net to exercise or enforce any right or provision of this Agreement shall not operate as 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 with any questions regarding this Agreement. MyCrib.net is a trademark of MyCrib, Inc.
I HAVE READ THIS AGREEMENT AND ALL ITS UPDATES/REVISIONS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.