To foster the best possible experience for all, the MrPals Central community respectfully requests that its visitors and contributors honor this code of conduct. Failure to follow these rules will result in a deletion of your comment and/or content.
Terms of Use
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
1. INTRODUCTION
Welcome to a MrPals site hosted on a network of websites and created with technology developed by MrPals.com, inc. ("MrPals")(the "Site"). MrPals provides online collaborative services to you on our Site subject to the following Terms of Use. By using our Site, you signify that you have read, understand, and agree to be legally bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. The Site will provide notice of material changes to these Terms of Use by updating the "Last updated" date set forth above. If you do not agree to abide by these or any future Terms of Use, your only recourse is to immediately cease use of the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. We encourage you to review the Terms of Use each time you visit the Site to see if it has been updated since your last visit.
2. SUBMISSIONS
You understand and agree that all postings, video, music, comments, edits, feedback, suggestions, ideas, photographs, images, notes, drawings, concepts, and other information, content, or materials posted on, transmitted through, or linked from the Site, either online or offline and whether or not solicited by the Site (collectively, "Submissions"), are the sole responsibility of the person from whom such Submissions originated. The Site is and shall be under no obligation (a) to maintain any Submissions in confidence; (b) to store or maintain the Submissions, electronically or otherwise; (c) to pay any compensation for any Submissions or any use thereof; or (d) to respond to any user in connection with or to use any Submissions. The Site shall not be liable for any use, non-use, or disclosure of any Submissions. You represent that, regarding any Submissions contributed by you that: (a) Submissions will not violate any right of any third party, including copyright, trademark, right of privacy, right of publicity, or other intellectual property, personal, or proprietary right(s); and (b) you are the owner of and/or have the right to provide such Submissions to us in accordance with this Agreement. You further represent that no such Submissions will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.
As part of its product platform, MrPals offers a "profiles" option to our users. MrPals has taken certain technical measures to protect the privacy of these sites and to prevent unauthorized viewing of their content. However, MrPals does not guarantee that private sites are completely secure. These sites may be vulnerable to hostile cyber hacking by third parties and therefore should be used at your own risk.
MrPals reserves the right to remove sites from public view, delete, or purge the content with or without cause, with or without notice if we determine in our sole discretion that the content is harmful, offensive, illegal, or inappropriate for the subject matter of the Site. Furthermore, MrPals may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, and with or without notice.
3. NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT
MrPals respects the intellectual property of others and we require our users to do the same. If you believe that any material on the Site infringes upon any copyright you own or control, or that any link on the Site directs users to another MrPals site containing material that infringes upon any copyright you own or control, you may file a notification of such infringement with our Designated Copyright Agent as set forth below.
Notice and Procedure for Notifying MrPals of Claims of Copyright Infringement
MrPals will respond expeditiously to notices of alleged infringement that are reported to MrPals’. Contact MrPals’ as follows:
If you believe that your copyright has been infringed upon, please submit written notification to MrPals as specified above and include the following:
· Identification of the copyrighted work claimed to have been infringed upon, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
· Identification of the material that you’re claiming has been infringed upon or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
· Your full name, mailing address, telephone number, and, if available, email address.
· Both of the following statements:
o “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use).”
o “I hereby state that the information in this notification is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright, or of an exclusive right under the copyright that is allegedly infringed.”
· Your full legal name and your electronic or physical signature.
Infringer Policy: In accordance with the Digital Millennium Copyright Act (DMCA), the text of which may be found on the U.S. Copyright office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, MrPals has adopted a policy of banning, in appropriate circumstances and at its sole discretion, users who are deemed to be repeat infringers. MrPals may also at its sole discretion limit access to any website hosted by MrPals and/or terminate the accounts of any users who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement.
Counter Policy: A poster of allegedly infringing material may make a counter-notification pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When MrPals receives a counter-notification, it may in its sole discretion reinstate the material in question. To provide a counter-notification, please submit written notification to MrPals as specified above and include the following:
· Identification of the material that has been removed or to which access has been disabled by MrPals and the location at which the material appeared before it was removed or access was disabled.
· A statement as follows: “I hereby state, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of mistake of misidentification of the material to be removed or disabled.”
· Your full name, mailing address, telephone number, and, if available, email address.
· A statement as follows: “I hereby consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if any address is outside the United States, for any judicial district in which Wetpaint may be found, and I will accept service of process from the complaining party who notified Wetpaint of the alleged infringement or an agent of such person.”
· Your full legal name and your electronic or physical signature.
4. USER CONDUCT
You agree to not use the Site to:
· Upload, post, email, transmit, or otherwise make available any content that we deem to be unlawful, harmful, threatening, abusive, harassing, false, inaccurate, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that violates any applicable law;
· Harm minors in any way;
· Create a MrPals profile or blog that is directed to an audience under 13 years of age;
· Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
· Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
· Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
· Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
· Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "link farms," "junk mail," "spam," "chain letters," 'pyramid schemes," or any other form of solicitation;
· Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
· Interfere with or disrupt the service, servers, or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;
· Intentionally or unintentionally violate any applicable local, state, national, or international law, encourage or provide instructions for a criminal offense, or otherwise violate the rights of any party;
· "Stalk" or otherwise harass another; or
· Collect or store unauthorized personal data about other users.
Please refer to our Code of Conduct for more general guidelines on appropriate community behavior.
5. PROPRIETARY RIGHTS
Copyrights. This Site is protected to the maximum extent permitted by copyright laws and international treaties. The collective Submissions and content displayed on or through the Site, and selective organization of the same, is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions (the "Collective Content"). Any reproduction, modification, creation of derivative works from or redistribution of the Collective Content, and/or copying or reproducing the Collective Content or any portion thereof, except as provided below, to any other server or location for further reproduction or redistribution is prohibited without the express written consent of MrPals. The Collective Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without either: a) complying with the terms of this Agreement; or b) MrPals’ prior written permission.
Although MrPals does not claim ownership of Submissions that its users post, by posting or submitting Submissions to the Site, you automatically grant and represent and warrant that you have the right to grant to MrPals an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, perform, modify, adapt, publish, display, translate, and distribute said Submissions and to prepare derivative works of, or incorporate into other works said Submissions and to grant and authorize sublicenses (through multiple tiers) of the foregoing, including as set forth in Paragraph 6 below. Furthermore, by posting Submissions to the Site, as part of the Collective Content, you automatically grant MrPals all rights necessary to prohibit any subsequent prohibited aggregation, display, copying, duplication, reproduction, or exploitation of the Collective Content by any party for any purpose.
Software. Any software, including any files, images generated by the software, code, and data accompanying the software owned by MrPals (collectively, "Software"), used or accessible through the Site may be used by you solely for accessing and/or using the site for purposes expressly stated on the Site and these terms, provided that such uses are not competitive with or derogatory to the Site. MrPals retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse-engineer, disassemble, or create derivative works from any Software.
Patents. MrPals’ products and processes may be covered by one or more patents and may be subject to other trade secrets and proprietary rights. MrPals reserves all such rights. No transfer or grant of rights under any patents is made or is to be implied by any provision of these Terms of Use. You agree not to infringe upon such rights or decompile, reverse-engineer, or disassemble any of MrPals’ products or processes.
Trademarks. All trademarks on the Site are either trademarks or registered trademarks of MrPals or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MrPals. All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of MrPals or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MrPals. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
6. DISCLAIMER OF RESPONSIBILITY FOR THIRD PARTY CONTENT; RESERVATION OF RIGHTS
MrPals takes no responsibility and assumes no liability for any Content or Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity, or objectionable material you may encounter. Your use of the Site is at your own risk. As a provider of interactive services, MrPals is not liable for any statements, representations, Submissions, or Content provided by its users. Although we have no obligation to screen, edit, or monitor any Submissions posted by users, we reserve the right, at our sole discretion, to remove, take down, destroy, or delete any Content or Submissions at any time and for any reason, including without limitation, Submissions that we deem inappropriate, offensive, or which we believe may subject us to any liability. We may access, use, and disclose transaction information about your use of our Site, and any Submissions transmitted by you via or in connection with our Site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill, and collect for our services; to protect our rights or property, or to protect users of our Site from fraudulent, abusive, or unlawful use of our Site. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, GUIDELINE, OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU. Any use of the Site in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Site.
7. DISCLAIMER OF WARRANTY
THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MrPals AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT AND/OR DATA DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.
Mrpals ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF mrpals, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS, EXCEPT AS SPECIFICALLY PROVIDED HEREIN.
mrpals DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION OR NEGLIGENCE, SHALL MRPALS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS, OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF MRPALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
9. INDEMNIFICATION; DAMAGES FOR UNAUTHORIZED ACCESS
You are entirely responsible for maintaining the confidentiality of your member name, password, and account, as well as activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of: (a) any breach by you of these Terms of Use; or (b) any Submissions you provide, including without limitation, any claim by a third party that your Submissions infringe or violate such third party's rights or interests. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You acknowledge and agree that your violation of the terms and conditions of this Agreement through unauthorized use of or access to the Site will result in a minimum of five thousand dollars ($5,000.00) in damages to MrPals based on our costs for implementing additional security measures resulting from, and our investigation into, any such violation.
10. LINKS; THIRD-PARTY CONTENT; THIRD PARTY USE OF INFORMATION
Our Site may provide, or third parties may provide, links to other World Wide Web resources. Because MrPals has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on our Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
11. PRIVACY
MrPals cares about the privacy of its users. By using the Site you agree to our Privacy Policy.
12. GENERAL
Agreement: These Terms of Use constitute the entire Agreement between you and MrPals and governs your use of the Site, superseding any prior agreements between you and MrPals. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. MrPals’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Choice of Law and Forum: By visiting the Site, you agree that the laws of the of Washington DC and U.S. law, without regard to principles of conflict of laws, will govern this Agreement.
Severability: If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.
Termination: MrPals may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, with or without notice.