My.Warez.com 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 Services
offered by My.Warez.com ("My.Warez.com" or "we") include
the My.Warez.com Website (the "Website"), the My.Warez.com instant
messenger, and any other features, content, or applications offered from time
to time by My.Warez.com in connection with the Website (collectively, the
"Services").
This Terms of Use Agreement
("Agreement") sets forth the legally binding terms for your use of
the Services. By using the Services, you agree to be bound by this Agreement,
whether you are a "Visitor" (which means that you simply browse the
Website) or you are a "Member" (which means that you have registered
with My.Warez.com). The term "User" refers to a Visitor or a Member.
You are only authorized to use the 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 Website and discontinue use of the Services
immediately. If you wish to become a Member, communicate with other Members and
make use of the Services, you must read this Agreement and indicate your
acceptance at the end of this document before proceeding to the Registration
process.
This Agreement includes
My.Warez.com's policy for acceptable use of the Services and Content posted on
the Website, your rights, obligations and restrictions regarding your use of
the Services and My.Warez.com's Privacy Policy. In order to participate in
certain 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
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@warez.com
Subject: Terms of Use Agreement.
My.Warez.com may modify this
Agreement from time to time and such modification shall be effective upon
posting by My.Warez.com on the Website. You agree to be bound to any changes to
this Agreement when you use the Services after any such modification is posted.
It is therefore important that you review this Agreement regularly to ensure
you are updated as to any changes.
Please choose carefully the
information you post on My.Warez.com and that you provide to other Users. Your
My.Warez.com profile may not include the following items: telephone numbers,
street addresses, last names, and any photographs containing nudity, or
obscene, lewd, excessively violent, harassing, sexually explicit or otherwise
objectionable subject matter. Despite this prohibition, information provided by
other My.Warez.com Members (for instance, in their Profile) may contain
inaccurate, inappropriate, offensive or sexually explicit material, products or
services, and My.Warez.com assumes no responsibility or liability for this
material. If you become aware of misuse of the Services by any person, please
contact contact@warez.com or click on the "Report Inappropriate Content"
link at the bottom of any My.Warez.com page.
My.Warez.com 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 Services at any time, for any or no reason, with or
without prior notice, and without liability.
Eligibility. Use of and
Membership in the Services is void where prohibited. By using the
Services, you represent and warrant that (a) all registration information
you submit is truthful and accurate; (b) you will maintain the accuracy of
such information; (c) you are 14 years of age or older; and (d) your use
of the Services does not violate any applicable law or regulation. Your
profile may be deleted and your Membership may be terminated without
warning, if we believe that you are under 14 years of age.
Term. This Agreement
shall remain in full force and effect while you use the 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.
My.Warez.com may terminate your Membership at any time, without warning.
Even after Membership is terminated, this Agreement will remain in effect,
including sections 5-17.
Fees. You acknowledge
that My.Warez.com reserves the right to charge for the Services and to
change its fees from time to time in its discretion. If My.Warez.com
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 My.Warez.com 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 Members. The Services are 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 My.Warez.com.
Illegal and/or unauthorized use of the Services, 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 is prohibited. 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 for any illegal or unauthorized use
of the Services.
Proprietary Rights
in Content on My.Warez.com.
By displaying or
publishing ("posting") any Content, messages, text, files,
images, photos, video, sounds, profiles, works of authorship, or any
other materials (collectively, "Content") on or through the
Services, you hereby grant to My.Warez.com, a non-exclusive, fully-paid
and royalty-free, worldwide license (with the right to sublicense through
unlimited levels of sublicensees) to use, copy, modify, adapt, translate,
publicly perform, publicly display, store, reproduce, transmit, and
distribute such Content on and through the Services. This license will
terminate at the time you remove such Content from the Services. You
represent and warrant that: (i) you own the Content posted by you on or
through the 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 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 Services.
The Services
contain Content of My.Warez.com ("My.Warez.com Content").
My.Warez.com Content is protected by copyright, trademark, patent, trade
secret and other laws, and My.Warez.com owns and retains all rights in
the My.Warez.com Content and the Services. My.Warez.com hereby grants you
a limited, revocable, nonsublicensable license to reproduce and display
the My.Warez.com Content (excluding any software code) solely for your
personal use in connection with viewing the Website and using the
Services.
The Services
contain Content of Users and other My.Warez.com licensors. Except for
Content posted by you, you may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, or sell any Content
appearing on or through the Services.
Content Posted.
My.Warez.com may
delete any Content that in the sole judgment of My.Warez.com violates
this Agreement or which may be offensive, illegal or violate the rights,
harm, or threaten the safety of any person. My.Warez.com assumes no
responsibility for monitoring the Services for inappropriate Content or conduct.
If at any time My.Warez.com chooses, in its sole discretion, to monitor
the Services, My.Warez.com 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.
You are solely
responsible for the Content that you post on or through any of the
Services, and any material or information that you transmit to other
Members and for your interactions with other Users. My.Warez.com does not
endorse and has no control over the Content. Content is not necessarily
reviewed by My.Warez.com prior to posting and does not necessarily
reflect the opinions or policies of My.Warez.com. My.Warez.com 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.
Content/Activity
Prohibited. The following is a partial list of the kind of
Content that is illegal or prohibited to post on or through the Services.
My.Warez.com reserves the right to investigate and take appropriate legal
action against anyone who, in My.Warez.com's sole discretion, violates
this provision, including without limitation, removing the offending
communication from the Services and terminating the Membership of such
violators. Prohibited Content includes, but is not limited to Content
that, in the sole discretion of My.Warez.com:
is patently
offensive and promotes racism, bigotry, hatred or physical harm of any
kind against any group or individual;
harasses or
advocates harassment of another person;
exploits people
in a sexual or violent manner;
contains nudity,
violence, or offensive subject matter;
solicits personal
information from anyone under 18;
provides any
telephone numbers, street addresses, last names, URLs or email addresses;
promotes
information that you know is false or misleading or promotes illegal
activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
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;
involves the
transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
contains
restricted or password only access pages or hidden pages or images (those
not linked to or from another accessible page);
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 identifying information for commercial or unlawful
purposes from other Users;
involves
commercial activities and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising, or pyramid schemes;
includes a
photograph of another person that you have posted without that person's
consent; or
for band and
filmmaker profiles, uses sexually suggestive imagery or any other unfair,
misleading or deceptive Content intended to draw traffic to the profile.
The following
is a partial list of the kind of activity that is illegal or prohibited on the
Website and through your use of the Services. My.Warez.com reserves the right
to investigate and take appropriate legal action against anyone who, in
My.Warez.com's sole discretion, violates this provision, including without
limitation, reporting you to law enforcement authorities. Prohibited activity
includes, but is not limited to:
criminal or
tortious activity, including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
advertising to,
or solicitation of, any Member to buy or sell any products or services
through the Services. You may not transmit any chain letters or junk
email to other Members. It is also a violation of these rules to use any
information obtained from the Services 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,
My.Warez.com 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
My.Warez.com deems appropriate in its sole discretion. If you breach this
Agreement and send unsolicited bulk email, instant messages or other
unsolicited communications of any kind through the Services, you
acknowledge that you will have caused substantial harm to My.Warez.com,
but that the amount of such harm would be extremely difficult to
ascertain. As a reasonable estimation of such harm, you agree to pay
My.Warez.com $50 for each such unsolicited email or other unsolicited
communication you send through the Services;
covering or
obscuring the banner advertisements on your personal profile page, or any
My.Warez.com page via HTML/CSS or any other means;
any automated use
of the system, such as using scripts to add friends;
interfering with,
disrupting, or creating an undue burden on the Services or the networks
or services connected to the Services;
attempting to
impersonate another Member or person;
for band
profiles, copying the code for your My.Warez Player and embedding it into
other profiles or asking other Members to embed it into their profiles;
using the
account, username, or password of another Member at any time or
disclosing your password to any third party or permitting any third party
to access your account;
selling or
otherwise transferring your profile;
using any
information obtained from the Services in order to harass, abuse, or harm
another person; or
using the
Services in a manner inconsistent with any and all applicable laws and
regulations.
Copyright Policy. You may not post,
modify, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information belonging to others without
obtaining the prior written consent of the owner of such proprietary
rights. It is the policy of My.Warez.com to terminate Membership
privileges of any Member who repeatedly infringes the copyright rights of
others upon receipt of prompt notification to My.Warez.com by the
copyright owner or the copyright owner's legal agent. Without limiting the
foregoing, if you believe that your work has been copied and posted on the
Services in a way that constitutes copyright infringement, please provide
our Copyright Agent with the following information: (i) an electronic or
physical signature of the person authorized to act on behalf of the owner
of the copyright interest; (ii) a description of the copyrighted work that
you claim has been infringed; (iii) a description of where the material
that you claim is infringing is located on the Website; (iv) your address,
telephone number, and email address; (v) a written statement by you that
you have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law; (vi) a statement by you, made
under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf. My.Warez.com's Copyright Agent for notice of
claims of copyright infringement can be reached at copyrightagent@mywarez.com
Member Disputes. You are solely
responsible for your interactions with other My.Warez.com Members.
My.Warez.com reserves the right, but has no obligation, to monitor
disputes between you and other Members.
Privacy. Use of the
Services is also governed by our Privacy Policy, which is incorporated
into this Agreement by this reference.
Disclaimers. My.Warez.com is
not responsible for any incorrect or inaccurate Content posted on the
Website or in connection with the Services provided, whether caused by
Users of the Services or by any of the equipment or programming associated
with or utilized in the Services. Profiles created and posted by Members
on My.Warez.com may contain links to other websites. My.Warez.com is not
responsible for the Content, accuracy or opinions expressed on such
websites, and such websites are in no way investigated, monitored or
checked for accuracy or completeness by My.Warez.com. Inclusion of any
linked website on My.Warez.com does not imply approval or endorsement of
the linked website by My.Warez.com. When you access these third-party
sites, you do so at your own risk. My.Warez.com takes no responsibility
for third party advertisements which are posted on this Website or through
the Services, nor does it take any responsibility for the goods or
services provided by its advertisers. My.Warez.com is not responsible for
the conduct, whether online or offline, of any User of the Services. My.Warez.com
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. My.Warez.com 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 on any of the Services or combination
thereof, including any injury or damage to Users or to any person's
computer related to or resulting from participation or downloading
materials in connection with the Services. Under no circumstances shall
My.Warez.com be responsible for any loss or damage, including personal
injury or death, resulting from use of the Services, attendance at a
My.Warez.com event, from any Content posted on or through the Services, or
from the conduct of any Users of the Services, whether online or offline.
The Services are provided "AS-IS" and as available and
My.Warez.com expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. My.Warez.com cannot guarantee and does not promise
any specific results from use of the Services.
Limitation on
Liability. IN NO EVENT SHALL MY.WAREZ.COM 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 MY.WAREZ.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, MY.WAREZ.COM'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 MY.WAREZ.COM FOR THE SERVICES DURING
THE TERM OF MEMBERSHIP.
U.S. Export
Controls. Software available in connection with the Services
(the "Software") 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. By downloading
or using the Software, you represent and warrant that such download or use
is not in violation of any such law.
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 England without regard to conflict
of law provisions and you agree to personal jurisdiction by and venue in
the courts of England. Either My.Warez.com or you may demand that any
dispute between My.Warez.com and you arising out of this Agreement must be
settled by arbitration utilizing dispute resolution procedures.
Indemnity. You agree to indemnify
and hold My.Warez.com, its subsidiaries, and affiliates, and their
respective officers, agents, 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 Services
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 and/or if any Content that you post on the Website or through
the Services causes My.Warez.com to be liable to another.
Other. This Agreement is
accepted upon your use of the Website or any of the Services and is
further affirmed by you becoming a Member. This Agreement constitutes the
entire agreement between you and My.Warez.com regarding the use of the
Services. The failure of My.Warez.com 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. My.Warez.com is a trademark of
My.Warez, Inc. 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.
Please contact us at:
contact@warez.com with any questions regarding this Agreement.
