MyPogoSpot.com Terms of Use
Agreement
May 9, 2007
MyPogoSpot.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 Pogo.com friends. The services offered by
MyPogoSpot.com ("MyPogoSpot.com" or "we") include the MyPogoSpot.com website
(the "MyPogoSpot Website"), the MyPogoSpot.com Internet messaging service, and
any other features, content, or applications offered from time to time by
MyPogoSpot.com in connection with the MyPogoSpot Website (collectively, the "MyPogoSpot
Services"). The MyPogoSpot Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets
forth the legally binding terms for your use of the MyPogoSpot Services. By
using the MyPogoSpot Services, you agree to be bound by this Agreement, whether
you are a "Visitor" (which means that you simply browse the MyPogoSpot Website)
or you are a "Member" (which means that you have registered with MyPogoSpot.com).
The term "User" refers to a Visitor or a Member. You are only authorized to use
the MyPogoSpot 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 MyPogoSpot Website and discontinue use of the MyPogoSpot Services
immediately. If you wish to become a Member, communicate with other Members and
make use of the MyPogoSpot Services, you must read this Agreement and indicate
your acceptance during the Registration process.
This Agreement includes MyPogoSpot.com's
policy for acceptable use of the MyPogoSpot Services and Content posted on the
MyPogoSpot Website, your rights, obligations and restrictions regarding your use
of the MyPogoSpot Services and MyPogoSpot.com's Privacy Policy. In order to
participate in certain MyPogoSpot 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 MyPogoSpot 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:
support@mypogospot.com, Subject: Terms of Use Agreement.
MyPogoSpot.com may modify this Agreement from
time to time and such modification shall be effective upon posting by
MyPogoSpot.com on the MyPogoSpot Website. You agree to be bound to any changes
to this Agreement when you use the MyPogoSpot 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 MyPogoSpot.com and that you provide to other Users. Your MyPogoSpot.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
MyPogoSpot.com Members (for instance, in their Profile) may contain inaccurate,
inappropriate, offensive or sexually explicit material, products or services,
and MyPogoSpot.com assumes no responsibility or liability for this material. If
you become aware of misuse of the MyPogoSpot Services by any person, please
contact MyPogoSpot or click on the "Report Inappropriate Content" link at the
bottom of any MyPogoSpot.com page.
MyPogoSpot.com reserves the right, in its sole
discretion, to reject, refuse to post or remove any posting (including private
messages) by you, or to restrict, suspend, or terminate your access to all or
any part of the MyPogoSpot Services at any time, for any or no reason, with or
without prior notice, and without liability. MyPogoSpot expressly reserves the
right to remove your profile and/or restrict, suspend, or terminate your access
to any part of MyPogoSpot Services if MyPogoSpot determines, in its sole
discretion, that you pose a threat to MyPogoSpot and/or its Users.
1.
Eligibility.
Use of and Membership in the MyPogoSpot Services is void where prohibited. By
using the MyPogoSpot 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 MyPogoSpot 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 13 years of age.
2.
Term.
This Agreement shall remain in full force and effect while you use the
MyPogoSpot 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. MyPogoSpot.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.
3.
Fees.
You acknowledge that MyPogoSpot.com reserves the right to charge for the
MyPogoSpot Services and to change its fees from time to time in its discretion.
If MyPogoSpot.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.
4.
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 MyPogoSpot.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.
5.
Non-commercial Use by Members.
The MyPogoSpot 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 MyPogoSpot.com. Illegal and/or unauthorized
use of the MyPogoSpot 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 MyPogoSpot
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 MyPogoSpot Services.
6.
Proprietary Rights in Content on MyPogoSpot.com.
1.
MyPogoSpot.com 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 MyPogoSpot Services.
After posting your Content to the MyPogoSpot 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 MyPogoSpot Services, you hereby grant to
MyPogoSpot.com a limited license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content solely on and through the
MyPogoSpot Services.
Without this
license, MyPogoSpot.com would be unable to provide the MyPogoSpot Services. For
example, without the right to modify Member Content, MyPogoSpot.com 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, MyPogoSpot.com could not allow Users to listen to music
posted by Members. The license you grant to MyPogoSpot.com is non-exclusive
(meaning you are free to license your Content to anyone else in addition to
MyPogoSpot.com), fully-paid and royalty-free (meaning that MyPogoSpot.com is not
required to pay you for the use on the MyPogoSpot Services of the Content that
you post), sublicensable (so that MyPogoSpot.com is able to use its affiliates
and subcontractors such as Internet content delivery networks to provide the
MyPogoSpot Services), and worldwide (because the Internet and the MyPogoSpot
Services are global in reach). This license will terminate at the time you
remove your Content from the MyPogoSpot Services. The license does not grant
MyPogoSpot.com the right to sell your Content, nor does the license grant
MyPogoSpot.com the right to distribute your Content outside of the MyPogoSpot
Services.
2.
You represent and warrant that: (i) you own the Content posted by you on
or through the MyPogoSpot 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 MyPogoSpot 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 MyPogoSpot Services.
3.
The MyPogoSpot Services contain Content of MyPogoSpot.com ("MyPogoSpot.com
Content"). MyPogoSpot.com Content is protected by copyright, trademark, patent,
trade secret and other laws, and MyPogoSpot.com owns and retains all rights in
the MyPogoSpot.com Content and the MyPogoSpot Services. MyPogoSpot.com hereby
grants you a limited, revocable, nonsublicensable license to reproduce and
display the MyPogoSpot.com Content (excluding any software code) solely for your
personal use in connection with viewing the MyPogoSpot Website and using the
MyPogoSpot Services.
4.
The MyPogoSpot Services contain Content of Users and other MyPogoSpot.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 MyPogoSpot Services.
7.
Content Posted.
1.
MyPogoSpot.com may delete any Content that in the sole judgment of
MyPogoSpot.com violates this Agreement or which may be offensive, illegal or
violate the rights, harm, or threaten the safety of any person. MyPogoSpot.com
assumes no responsibility for monitoring the MyPogoSpot Services for
inappropriate Content or conduct. If at any time MyPogoSpot.com chooses, in its
sole discretion, to monitor the MyPogoSpot Services, MyPogoSpot.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.
2.
You are solely responsible for the Content that you post on or through
any of the MyPogoSpot Services, and any material or information that you
transmit to other Members and for your interactions with other Users.
MyPogoSpot.com does not endorse and has no control over the Content. Content is
not necessarily reviewed by MyPogoSpot.com prior to posting and does not
necessarily reflect the opinions or policies of MyPogoSpot.com. MyPogoSpot.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.
8.
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 MyPogoSpot Services. MyPogoSpot.com
reserves the right to investigate and take appropriate legal action against
anyone who, in MyPogoSpot.com's sole discretion, violates this provision,
including without limitation, removing the offending communication from the
MyPogoSpot Services and terminating the Membership of such violators. Prohibited
Content includes, but is not limited to Content that, in the sole discretion of
MyPogoSpot.com:
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.
exploits people in a sexual or violent manner;
4.
contains nudity, violence, or offensive subject matter or contains a link
to an adult website;
5.
solicits personal information from anyone under 18;
6.
provides any telephone numbers, street addresses, last names, URLs or
email addresses;
7.
promotes information that you know is false or misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
8.
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;
9.
involves the transmission of "junk mail," "chain letters," or unsolicited
mass mailing, instant messaging, "spimming," or "spamming";
10.
contains restricted or password only access pages or hidden pages or
images (those not linked to or from another accessible page);
11.
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;
12.
solicits passwords or personal identifying information for commercial or
unlawful purposes from other Users;
13.
involves commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14.
includes a photograph of another person that you have posted without that
person's consent; or
15.
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
MyPogoSpot Website and through your use of the MyPogoSpot Services.
MyPogoSpot.com reserves the right to investigate and take appropriate legal
action against anyone who, in MyPogoSpot.com's sole discretion, violates this
provision, including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:
16.
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;
17.
advertising to, or solicitation of, any Member to buy or sell any
products or services through the MyPogoSpot 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 MyPogoSpot 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, MyPogoSpot.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
MyPogoSpot.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 MyPogoSpot Services, you acknowledge that
you will have caused substantial harm to MyPogoSpot.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 MyPogoSpot.com $50 for each such unsolicited
email or other unsolicited communication you send through the MyPogoSpot
Services;
18.
covering or obscuring the banner advertisements on your personal profile
page, or any MyPogoSpot.com page via HTML/CSS or any other means;
19.
any automated use of the system, such as using scripts to add friends or
send comments or messages;
20.
interfering with, disrupting, or creating an undue burden on the
MyPogoSpot Services or the networks or services connected to the MyPogoSpot
Services;
21.
attempting to impersonate another Member or person;
22.
for band profiles, copying the code for your MyPogoSpot Player and
embedding it into other profiles or asking other Members to embed it into their
profiles;
23.
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;
24.
selling or otherwise transferring your profile;
25.
using any information obtained from the MyPogoSpot Services in order to
harass, abuse, or harm another person;
26.
displaying an advertisement on your profile, or accepting payment or
anything of value from a third person in exchange for your performing any
commercial activity on or through the MyPogoSpot Services on behalf of that
person, such as placing commercial content on your profile, posting blogs or
bulletins with a commercial purpose, selecting a profile with a commercial
purpose as one of your "Top 8" friends, or sending private messages with a
commercial purpose; or
27.
using the MyPogoSpot Services in a manner inconsistent with any and all
applicable laws and regulations.
9.
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 MyPogoSpot.com to terminate Membership privileges of
any Member who repeatedly infringes the copyright rights of others upon receipt
of proper notification to MyPogoSpot.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 MyPogoSpot 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
MyPogoSpot Services; (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. MyPogoSpot.com's Copyright Agent for notice
of claims of copyright infringement can be reached as follows: Copyright Agent,
MyPogoSpot, Inc., 8391 Beverly Blvd., #349, Los Angeles, CA 90048; Facsimile:
(310) 969-7394; Attn: Copyright Agent; and email:
support@mypogospot.com.
10.
Member Disputes.
You are solely responsible for your interactions with other MyPogoSpot.com
Members. MyPogoSpot.com reserves the right, but has no obligation, to monitor
disputes between you and other Members.
11.
Privacy.
Use of the MyPogoSpot Services is also governed by our Privacy Policy, which is
incorporated into this Agreement by this reference.
12.
Disclaimers.
MyPogoSpot.com is not responsible for any incorrect or inaccurate Content posted
on the MyPogoSpot Website or in connection with the MyPogoSpot Services, whether
caused by Users of the MyPogoSpot Services or by any of the equipment or
programming associated with or utilized in the MyPogoSpot Services. Profiles
created and posted by Members on the MyPogoSpot Website may contain links to
other websites. MyPogoSpot.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
MyPogoSpot.com. Inclusion of any linked website on the MyPogoSpot Services does
not imply approval or endorsement of the linked website by MyPogoSpot.com. When
you access these third-party sites, you do so at your own risk. MyPogoSpot.com
takes no responsibility for third party advertisements which are posted on this
MyPogoSpot Website or through the MyPogoSpot Services, nor does it take any
responsibility for the goods or services provided by its advertisers.
MyPogoSpot.com is not responsible for the conduct, whether online or offline, of
any User of the MyPogoSpot Services. MyPogoSpot.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. MyPogoSpot.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 MyPogoSpot 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 MyPogoSpot Services. Under no circumstances shall
MyPogoSpot.com be responsible for any loss or damage, including personal injury
or death, resulting from use of the MyPogoSpot Services, attendance at a
MyPogoSpot.com event, from any Content posted on or through the MyPogoSpot
Services, or from the conduct of any Users of the MyPogoSpot Services, whether
online or offline. The MyPogoSpot Services are provided "AS-IS" and as available
and MyPogoSpot.com expressly disclaims any warranty of fitness for a particular
purpose or non-infringement. MyPogoSpot.com cannot guarantee and does not
promise any specific results from use of the MyPogoSpot Services.
13.
Limitation on Liability.
IN NO EVENT SHALL MYPOGOSPOT.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
MYPOGOSPOT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYPOGOSPOT.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
MYPOGOSPOT.COM FOR THE MYPOGOSPOT SERVICES DURING THE TERM OF MEMBERSHIP.
14.
U.S.
Export Controls.
Software available in connection with the MyPogoSpot Services (the "Software")
is further subject to United States export controls. No Software may be
downloaded from the MyPogoSpot Services or otherwise exported or re-exported in
violation of U.S. export laws. Downloading or using the Software is at your sole
risk.
15.
Disputes.
If there is any dispute about or involving the MyPogoSpot Services, you agree
that the dispute shall be governed by the laws of the State of California, USA,
without regard to conflict of law provisions and you agree to exclusive personal
jurisdiction and venue in the state and federal courts of the United States
located in the State of California, City of Los Angeles. Either MyPogoSpot.com
or you may demand that any dispute between MyPogoSpot.com and you about or
involving the MyPogoSpot Services must be settled by arbitration utilizing the
dispute resolution procedures of the American Arbitration Association (AAA) in
Los Angeles, California, USA, provided that the foregoing shall not prevent
MyPogoSpot.com from seeking injunctive relief in a court of competent
jurisdiction.
16.
Indemnity.
You agree to indemnify and hold MyPogoSpot.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 MyPogoSpot 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 MyPogoSpot
Website or through the MyPogoSpot Services causes MyPogoSpot.com to be liable to
another.
17.
Other. This
Agreement is accepted upon your use of the MyPogoSpot Website or any of the
MyPogoSpot Services and is further affirmed by you becoming a Member. This
Agreement constitutes the entire agreement between you and MyPogoSpot.com
regarding the use of the MyPogoSpot Services. The failure of MyPogoSpot.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. MyPogoSpot.com is
a trademark of MyPogoSpot, 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:
support@mypogospot.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF
THE PROVISIONS CONTAINED ABOVE.
