Terms of Service Agreement
Edited December 17, 2007
This Terms of Service Agreement sets forth the standards of use of the MeADD.com Online Service. By using the MeADD.com website you (the "User") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the MeADD.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.
You must be at least thirteen years of age to use MeADD.com services and you so warrant by using our services.
You agree that MeADD.com is not responsible for and does not vouch for the accuracy, completeness or usefulness of any posting or information or the status or legitimacy of any person uploading any content.
User Content Uploading Rules.
Any decisions as to whether User Content violates any acceptable use will be made by MeADD.com in its sole discretion and after we have actual notice of such posting. When you provide User Content, you agree to the following Rules:
- If any material depicts any children under the age of 13, you affirm that you have written permission from the child's parent or guardian to provide the material.
- You agree to not upload or otherwise provide Content that:
- contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material. contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs or objectional illustrations, inflammatory attacks of a personal, racial or religious nature.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community.
- violates any right of MeADD.com.com or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
- interferes with any third party's uninterrupted use of MeADD.com.
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
- uses or attempt to use another's account, password, service or system except as expressly permitted by the Terms of Service.
- uploads or transmits viruses or other harmful, disruptive or destructive files, material or code.
- "flames" any individual or entity.
- MeADD.com reserves the right to remove any and all User material we in our sole discretion deem unacceptable.
The site is provided by MeADD.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, MeADD.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or fitness for any use. MeADD.com shall have no liability for any interruptions in the use of this Website. MeADD.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose.
MEADD.COM SHALL NOT be liable for any damages whatsoever, and in particular MEADD.COM shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if MEADD.COM has been advised of the possibility of such damages.
User agrees to indemnify and hold harmless MeADD.com, its parent companies, subsidiaries, affiliates, officers and employees, from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Service, violation of this Agreement, or infringement by User, or other user of the Service using User’s computer, of any intellectual property or any other right of any person or entity.
In the event User is provided an account and/or password, User is entirely responsible for any and all activities which occur under their account whether authorized or not authorized. User agrees to notify MeADD.com of any unauthorized use of User’s account or any other breach of security known or which should be known to the User. User’s right to use the Service is personal to the User and thus may not be transferred. User agrees not to resell any part of, or make any commercial use of, any part of the Service.
MeADD.com may cancel or terminate your right to use the Service or any part of the Service at any time without notice. In the event of termination, User is no longer authorized to access the part of the Service affected by such cancellation or termination. The disclaimers and limitations of liabilities set forth in these Terms of Service shall survive.
MeADD.com reserves the right to modify or discontinue the Service with or without notice to the User. MeADD.com shall not be liable to Userr or any third party should MeADD.com exercise its right to modify or discontinue the Service. User acknowledges and accepts that MeADD.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
The MeADD.com website is operated and provided in the State of Washington, USA. As such, we are subject to the laws of the State of Washington, and such laws will govern this Agreement, without regard to conflicts of law provisions. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the laws of the State of Washington.
If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. This agreement constitutes the entire agreement between MeADD.com and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements.
Copyright and the Digital Millennium Copyright Act (DMCA)
If you believe copyrighted work has been infringed on this site, please direct written notice to the MeADD.com designated agent pursuant to Title II of the DMCA (17 U.S.C.A § 512). You may wish to consult an attorney to better understand your rights and responsibilities under the DMCA and other applicable laws before serving BigFoto with a Notice of Infringing Material.
Elements of notification
- (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works displayed on the site are covered by a single notification, a representative list of such works at MeADD.com.
- (iii) Identification of the material that is claimed to be infringing 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 MeADD.com to locate the material.
- (iv) Information reasonably sufficient to permit MeADD.com to contact you, such as an address, telephone number, and an electronic mail address.
- (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent to receive allegations of copyright infringment is MeADD Abuse Team (abuse@meadd.com)