Terms of Use Agreement
Revision 2. Updated on June 10th, 2007
This Terms of Use Agreement ("Agreement") is a legally binding agreement between MyBloop LLC ("MyBloop") and you, the member ("Member"), regarding your use of the www.MyBloop.com Web Site and any services, features, contents or applications offered at the www.MyBloop.com domain and related sub-domains (collectively the "Web Site").
By using the Web Site, you agree to be bound by the terms of this Agreement. MyBloop may change, modify, add, or delete portions of this Agreement from time to time and such changes shall be effective upon posting on the Web Site. Your continued use of the Web Site after such changes constitutes your acceptance of the new Agreement.
1. Use and Termination
You must be 13 years of age or older to register as a Member. If you are under the age of 13, you are not allowed to register and become a Member of or access the Web Site. By registering as a Member, you represent and warrant that you are 13 years of age or older. You agree that you will make a good faith effort to follow the directions of MyBloop in the use of the Web Site. MyBloop reserves the right, in its sole discretion, to terminate your membership effective immediately for any reason, with or without notice. You may terminate your membership at any time for any reason.
2. Proprietary Rights
The Web Site uses and contains proprietary intellectual property rights owned by or licensed by MyBloop. Use of the Web Site shall not be construed as giving you any rights or license to such intellectual property rights except for information in the public domain. With regard to any assistance you may give in the improvement or development of the Web Site, including but not limited to any ideas, designs, plans or know-how, you agree to grant MyBloop a perpetual, worldwide, fully paid-up, irrevocable, transferable license to use and sublicense the intellectual property contained in such assistance.
3. Member Conduct
You agree that you will not upload, distribute or reproduce on the Web Site:
4. Member Content Posted On The Web Site
You are solely responsible for the content that you publish or display on Web Site, or transmit to other Members (collectively the "Member Content"). You agree that the MyBloop may review and delete or remove any Member Content that in its sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. MyBloop assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the Member submitting any such Member Content. By posting Member Content to any part of the Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to MyBloop an irrevocable, perpetual, non-exclusive, transferable, fully paid-up, worldwide license to use, copy, perform, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to incorporate into other works, such information and content. This license will terminate at the time you remove such Member Content from the Web Site.
5. Links to Other Web Sites
The Web Site contains links to other Web Sites. MyBloop is not responsible for the content, accuracy or opinions expressed in such Web Sites, and such Web Sites are not investigated, monitored or checked for accuracy or completeness by MyBloop. Inclusion of any linked Web Site on or through the Web Site does not imply approval or endorsement of the linked Web Site by MyBloop. If you decide to leave the Web Site and access these third-party sites, you do so at your own risk.
6. Copyright Infringement Notification
If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web Site, please contact us at address below and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site; your address, telephone number, and email address; 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; 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:
Copyright Infringement Notification
Email: copyright@mybloop.com
7. Disclaimer
MyBloop has the right, in its sole discretion, to remove or restrict access to any material uploaded by a Member which it views as violating the terms of this Agreement or inconsistent with the policy of MyBloop. Notwithstanding such right, MyBloop is not liable for any material uploaded by a Member, including but not limited to the accuracy of the material or the conduct of a Member either within the Web Site or offline. The Web Site is provided "AS IS," and MyBloop does not guarantee the functionality of the Web Site or a particular result from the use of the Web Site. You acknowledge and agree that MyBloop is not liable for any interruption or breakdown of service, loss or corruption of data, attacks against the Web Site from third parties, any technical malfunction at any point in the provision of the service of the Web Site or force majeure. MyBloop expressly disclaims any responsibility for loss or damage, including personal injury or death, resulting from the use of the Web Site or from any content posted on the Web Site or any interactions among Members, whether online or offline. MyBloop EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
8. Limitation of Liability
MyBloop SHALL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFIT, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGIES OR SERVICES, COST OF COVER OR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE USE OF THE WEB SITE OR THIS AGREEMENT. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, MyBloop'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THAT AMOUNT PAID, IF ANY, BY YOU TO MyBloop FOR THE SERVICES OF THE WEB SITE DURING THE TERM OF MEMBERSHIP.
9. Indemnity
You agree to indemnify and hold harmless MyBloop, its officers, directors, employees, agents, subsidiaries and affiliates from any loss, liability, claim or demand, including attorneys' fees, made by any third party due to or arising from your use of the Web Site, any content that you upload, your use of content on the Web Site, your violation of this Agreement or your violation of any third-party rights.
10. Disputes
This Agreement and any disputes arising from this Agreement or use of the Web Site shall be governed by the laws of the State of New York without reference to its provisions on conflict of laws. Any dispute relating in any way to the Web Site (including your visit to or use of the Web Site) shall be submitted in New York, New York, except that, to the extent you have in any manner violated or threaten to violate proprietary or intellectual property rights of MyBloop or any of its affiliates, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of New York. Any claim, action or proceeding by you related in any way to the Web Site (including your visit to or use of the Web Site) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
11. Miscellaneous
This Agreement together with the Privacy Policy contains the entire agreement between MyBloop and you concerning the subject matter hereof. The failure of MyBloop to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter. In the event that any provision of this Agreement is found invalid, the remainder of the Agreement shall remain valid and enforceable according to its terms.
By using the Web Site, you agree to be bound by the terms of this Agreement. MyBloop may change, modify, add, or delete portions of this Agreement from time to time and such changes shall be effective upon posting on the Web Site. Your continued use of the Web Site after such changes constitutes your acceptance of the new Agreement.
1. Use and Termination
You must be 13 years of age or older to register as a Member. If you are under the age of 13, you are not allowed to register and become a Member of or access the Web Site. By registering as a Member, you represent and warrant that you are 13 years of age or older. You agree that you will make a good faith effort to follow the directions of MyBloop in the use of the Web Site. MyBloop reserves the right, in its sole discretion, to terminate your membership effective immediately for any reason, with or without notice. You may terminate your membership at any time for any reason.
2. Proprietary Rights
The Web Site uses and contains proprietary intellectual property rights owned by or licensed by MyBloop. Use of the Web Site shall not be construed as giving you any rights or license to such intellectual property rights except for information in the public domain. With regard to any assistance you may give in the improvement or development of the Web Site, including but not limited to any ideas, designs, plans or know-how, you agree to grant MyBloop a perpetual, worldwide, fully paid-up, irrevocable, transferable license to use and sublicense the intellectual property contained in such assistance.
3. Member Conduct
You agree that you will not upload, distribute or reproduce on the Web Site:
- a. any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
- b. any material that is violent, threatening, abusive, obscene, offensive, hateful, derogatory, defamatory, libelous or racially, ethnically or otherwise objectionable;
- c. any material that promotes an illegal activity;
- d. spam or junk mail or other material for a commercial purpose;
- e. false or misleading material;
- f. pornographic content that is not marked private and/or being distributed publicly; or
- g. any material that contains software viruses, bugs, worms 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.
- a. The Web Site is available for your personal, non-commercial use only;
- b. You will not use the Web Site in any unlawful manner; and
- c. You will not use or attempt to use another Member's account or create a false identity on the Web Site by creating multiple accounts.
- d. You will not upload files that use large amounts of storage and/or bandwidth for commercial purposes unless otherwise agreed to in written notification from MyBloop.
- e. You will not abuse MyBloop storage and bandwidth by hotlinking files that are used for commercial purposes, considered pornography, malicious, among other things.
- f. You will mark any copyrighted material that you own as private so it is not publicly distributed.
- g. You will not distribute any copyrighted matieral publicly
4. Member Content Posted On The Web Site
You are solely responsible for the content that you publish or display on Web Site, or transmit to other Members (collectively the "Member Content"). You agree that the MyBloop may review and delete or remove any Member Content that in its sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. MyBloop assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the Member submitting any such Member Content. By posting Member Content to any part of the Web Site, you automatically grant, and you represent and warrant that you have the right to grant, to MyBloop an irrevocable, perpetual, non-exclusive, transferable, fully paid-up, worldwide license to use, copy, perform, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to incorporate into other works, such information and content. This license will terminate at the time you remove such Member Content from the Web Site.
5. Links to Other Web Sites
The Web Site contains links to other Web Sites. MyBloop is not responsible for the content, accuracy or opinions expressed in such Web Sites, and such Web Sites are not investigated, monitored or checked for accuracy or completeness by MyBloop. Inclusion of any linked Web Site on or through the Web Site does not imply approval or endorsement of the linked Web Site by MyBloop. If you decide to leave the Web Site and access these third-party sites, you do so at your own risk.
6. Copyright Infringement Notification
If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Web Site, please contact us at address below and provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site; your address, telephone number, and email address; 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; 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:
Copyright Infringement Notification
Email: copyright@mybloop.com
7. Disclaimer
MyBloop has the right, in its sole discretion, to remove or restrict access to any material uploaded by a Member which it views as violating the terms of this Agreement or inconsistent with the policy of MyBloop. Notwithstanding such right, MyBloop is not liable for any material uploaded by a Member, including but not limited to the accuracy of the material or the conduct of a Member either within the Web Site or offline. The Web Site is provided "AS IS," and MyBloop does not guarantee the functionality of the Web Site or a particular result from the use of the Web Site. You acknowledge and agree that MyBloop is not liable for any interruption or breakdown of service, loss or corruption of data, attacks against the Web Site from third parties, any technical malfunction at any point in the provision of the service of the Web Site or force majeure. MyBloop expressly disclaims any responsibility for loss or damage, including personal injury or death, resulting from the use of the Web Site or from any content posted on the Web Site or any interactions among Members, whether online or offline. MyBloop EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
8. Limitation of Liability
MyBloop SHALL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFIT, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGIES OR SERVICES, COST OF COVER OR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE USE OF THE WEB SITE OR THIS AGREEMENT. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, MyBloop'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THAT AMOUNT PAID, IF ANY, BY YOU TO MyBloop FOR THE SERVICES OF THE WEB SITE DURING THE TERM OF MEMBERSHIP.
9. Indemnity
You agree to indemnify and hold harmless MyBloop, its officers, directors, employees, agents, subsidiaries and affiliates from any loss, liability, claim or demand, including attorneys' fees, made by any third party due to or arising from your use of the Web Site, any content that you upload, your use of content on the Web Site, your violation of this Agreement or your violation of any third-party rights.
10. Disputes
This Agreement and any disputes arising from this Agreement or use of the Web Site shall be governed by the laws of the State of New York without reference to its provisions on conflict of laws. Any dispute relating in any way to the Web Site (including your visit to or use of the Web Site) shall be submitted in New York, New York, except that, to the extent you have in any manner violated or threaten to violate proprietary or intellectual property rights of MyBloop or any of its affiliates, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, non-exclusive venue and jurisdiction in the state and federal courts of New York. Any claim, action or proceeding by you related in any way to the Web Site (including your visit to or use of the Web Site) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
11. Miscellaneous
This Agreement together with the Privacy Policy contains the entire agreement between MyBloop and you concerning the subject matter hereof. The failure of MyBloop to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter. In the event that any provision of this Agreement is found invalid, the remainder of the Agreement shall remain valid and enforceable according to its terms.