Meetspot.com
Terms of Use Agreement
The following describes the
terms on which you may have access to MEETSPOT and its services and membership. If
you have any questions about this Agreement, please contact us.
1. Membership in MEETSPOT
Members may upload and display their photos in public
galleries which any other Member or third party user of the website may access.
To join MEETSPOT you must agree to these Terms of Use after reviewing the terms
when you Register as a Member.
2.Parental Permission
You must be over the age of 13 to use this website and MEETSPOT
services. If you are under the age of 18, you are not allowed to use the website
unless your parent or legal guardian allows you to do so and accepts this
Agreement on your behalf.
3. Posting of Materials and
Photographs On the Website; Member Representations and Warranties
You are responsible for all content and photos you post on
the website and any Private or Public Gallery. You may not post on the website
or any Private or Public Gallery any material or photo that (a) is obscene or
contains child pornography or is harmful to minors in any way; (b) is offensive,
defamatory, libelous, false or misleading, threatening, harassing, abusive or
hateful; (c) violates the privacy or publicity rights of others; or (d) violates
the property rights, including copyright and trademark rights, of others.
You are responsible
for insuring that any material or photo you post on any Private or Public
Gallery does not infringe on the property rights, including copyright,
trademark, patent or trade secret rights, of any third party. You represent and
warrant that any material or photo you post on any Private or Public Gallery
does not infringe on the property rights, including copyright, trademark,
patent, or trade secret rights, of any third party.
You represent and warrant to
MEETSPOT that: (a) you are the owner of any material or photo
you post on the website and any Private or Public Gallery or, if you are not the
owner of such material or photo, (i) you have the copyright owner's express,
written permission to post the material or photo on the website and any Private
or Public Gallery and (ii) the owner has expressly granted you the right to
grant the license to MEETSPOT set forth in Section 4 below; (b) any such photo is
of yourself, or a minor you are responsible for, or a person who has given you
express permission to post the photo on the website and any Private or Public
Gallery and has waived any and all of his/her privacy and publicity rights with
respect to the photo; and (c) all information and materials you post or submit
for posting are truthful and accurate.
MEETSPOT may, in its sole discretion, refuse to post any material or photo you
submit on the website or any Private or Public Gallery, and edit, delete, or
inactivate any such material, photo, or Public or Private Gallery for any
reason, including but not limited to perceived copyright infringement or photos
or Private or Public Galleries that contain questionable adult content.
4. Ownership; License Grant
MEETSPOT owns and operates the website, the Private and Public
Galleries and the services. The website and Private and Public Galleries,
including but not limited to text, images, graphics, logos, icons and audio
clips (the "Content") are the property of MEETSPOT . The website, Private and
Public Galleries and Content are protected by U.S. and international copyright
and trademark laws and treaties. Except as expressly provided in this Agreement,
you may not use, copy, download, display, publish, perform, distribute,
transmit, modify, make derivative works of, reverse engineer, disassemble or
commercially exploit the Content without MEETSPOT's express, written consent.
Notwithstanding the foregoing, MEETSPOT does not claim any ownership right in any
materials or photos that you, any other user or any Member posts on the website
or any Private or Public Gallery. You hereby grant (and, if you are not the
owner of the material or photo, you hereby represent and warrant that you are
authorized in writing by the owner of the material or photo to grant) MEETSPOT a
royalty-free, worldwide, perpetual, irrevocable, non-exclusive and sublicensable
right and license to use, copy, download, publicly distribute, modify and make
derivative works of any materials and photos you post on the website and any
Private or Public Gallery and to publicly display the material and photo and any
modification or derivative work thereof.
5. Control Over Posted Materials and Photographs
MEETSPOT does not control the material or photos posted by you,
other users or Members on the website or any Private or Public Gallery and does
not have any obligation to monitor any material or photos posted on the website
or any Private or Public Gallery. You may find other users' or Members'
materials or photos to be offensive, harmful, inaccurate, or deceptive.
MEETSPOT will investigate any complaints that posted material or photos violate these Terms of
Use.
6. User and Member Information and Photographs
MEETSPOT owns any information you provide through your use of
the website and any Private or Public Gallery, including any information
regarding your use of the Internet, the website and any Private or Public
Gallery. Subject to the terms of our Privacy Policy, MEETSPOT reserves the right
to reproduce and use such information for its own marketing or other purposes.
Such information will not be sold or otherwise provided to any third party
without your consent.
7. Indemnification
You agree to indemnify, defend and hold harmless MEETSPOT and any others involved
in creating the website, any Private or Public Gallery and Content from and
against any and all claims, actions, liabilities, costs and expenses arising out
of (a) your breach of any provision of this Agreement; (b) your breach of any
representation or warranty you provide herein; (c) your posting on the website
and any Private or Public Gallery of any material or photo; (d) your use of the
website, the services and any Private or Public Gallery; (e) use of any Private
or Public Gallery by others; or (g) otherwise arising in any way out of your use
of the website, the services or any Private or Public Gallery. You shall
cooperate fully in any defense of such claim.
MEETSPOT reserves the right to
take exclusive control over the defense of any such claim.
8. Trademark
All trademarks, service marks and trade names appearing on this website are the
property of their respective owners.
9. Links to Third Party Websites
This website may include links to other Internet websites. By providing such
links, MEETSPOT does not recommend and is not liable for any such websites or any
content, information, advice, products, services or prices therefor contained on
or accessible through such websites. Your access and use of any such third party
websites and their content, information, advice, products or services is solely
at your own risk. You agree that MEETSPOT will not be liable or responsible for
any such third party websites or their content, information, advice, products,
services or any price, price discrepancy or price change therefor.
10. Warranty Disclaimer
You expressly agree that your use of the website, Content, the services and any
Private or Public Gallery is at your sole risk. THE WEBSITE, CONTENT, SERVICES
AND PRIVATE AND PUBLIC GALLERIES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY
KIND, AND MEETSPOT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. MEETSPOT DOES NOT GUARANTEE THE
ACCURACY OF ANY INFORMATION PROVIDED ON THE WEBSITE OR ANY PRIVATE OR PUBLIC
GALLERY, OR WARRANT THAT THE FUNCTIONS AVAILABLE ON THE WEBSITE OR ANY PRIVATE
OR PUBLIC GALLERY WILL MEET YOUR REQUIREMENTS, OR THAT OPERATION OF THE WEBSITE
OR ANY PRIVATE OR PUBLIC GALLERY WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE.
MEETSPOT IS NOT LIABLE FOR ANY LOSS, DAMAGE, OR DELETION OF ANY PHOTO OR FILES
STORED ON OR TRANSMITTED TO OR FROM THE WEBSITE.
11. Limitation of Liability
MEETSPOT SHALL NOT HAVE ANY LIABILITY FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL, AND WHETHER ARISING IN TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, CONTRACT OR OTHERWISE, ARISING AS A RESULT OF:
(A) THIS AGREEMENT; (B) YOUR USE OF THE WEBSITE, CONTENT, SERVICES OR ANY
PRIVATE OR PUBLIC GALLERY; OR (C) UNAVAILABILITY, INACCURACY, LOSS OR DELETION
OF THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY (INCLUDING
WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, INABILITY TO USE THE
WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY, DATA LOSS, COMPUTER
FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS), EVEN IF YOU HAVE NOTIFIED
MEETSPOT IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
12. Termination
MEETSPOT reserves the right to terminate this Agreement at any time for any reason
whatsoever and to revoke your membership in MEETSPOT and your access to the
website, Content, services and any Private or Public Gallery without prior
notice to you.
13. Applicable Law and Consent to
Jurisdiction
This Agreement will be governed by and in accordance with the laws of the State
of New York, USA without regard to its conflicts of law provisions. You agree to
submit to the personal jurisdiction of the courts of New York, New York, USA for
any cause of action arising out of or relating to this Agreement.
14. Shortened Statute of Limitations
You agree to file any cause of action arising out of or relating to this
Agreement and your rights and obligations hereunder in New York, New York, USA
within one year after the cause of action arises. You agree that any action
filed after this date is barred.
15. Right to Change Agreement
MEETSPOT reserves the right to change this Agreement at any time. MEETSPOT will post
a notice of any change to this Agreement on the website. Your continued use of
the website after any such change is made constitutes acceptance of and
agreement to be bound by the terms of the Agreement as modified. Only MEETSPOT can
modify the terms and conditions of this Agreement and/or the Credit Schedule.
16. Severability
If any provision of this Agreement is held to be illegal or unenforceable,
that provision shall be limited or eliminated to the minimum extent necessary so
that this Agreement shall otherwise remain in full force and effect and
enforceable.
17. Entire Agreement
This Agreement constitutes the entire agreement between you and MEETSPOT
and supersedes all
proposals and other communications made between the parties, written or oral.
This Agreement can only be modified as stated in Section 15 above.