|
DISCLAIMER: GENERAL RULES: Prohibitions:
Terms and Conditions READ CAREFULLY. This Terms of Use Agreement ("Terms of Use") applies to use of the GetOnMy.com website located at http://www.GetOnMy.com (the "Site"). The Site is the property of GetOnMy.com L.L.C. (together with its affiliated companies, including without limitation, GetOnMy.com L.L.C. and GetOnMy L.L.C., "GetOnMy.com"). Before you make any purchases, you must first establish a customer account ("My Account"). BY CLICKING "I HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF USE," YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT CLICK ON THE BUTTON AND DO NOT USE THE SITE. 1. Content; Copyright and Trademark Notice. All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to GetOnMy.com, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without GetOnMy.com's prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and GetOnMy.com reserves all rights not expressly granted hereunder. GetOnMy.com expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site. GetOnMy.com et al. and are registered trademarks, trademarks or service marks of GetOnMy.com. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of GetOnMy.com. All other trademarks or service marks are property of their respective owners. The use of any GetOnMy.com trademark or service mark without GetOnMy.com's express written consent is strictly prohibited. 2. Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first open a My Account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify GetOnMy.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by GetOnMy.com or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. You also agree that GetOnMy.com may, in its sole discretion and without prior notice to you, terminate your access to the Site and your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that GetOnMy.com will not be liable to you or to any third party for termination of your access to the Site. 3. Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, (click here to view), you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases. While GetOnMy.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL GetOnMy.com OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER GetOnMy.com WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. 4. Consent To Our Communication With You By E-Mail. By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for GetOnMy.com to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at optout@GetOffMy.com or follow the opt-out procedures set forth in such marketing emails. 5. Digital Downloads. Authorized End Users. In addition to the requirements of Section 6 of this Terms of Use, you must meet all of the following requirements to download any Digital Downloads: (i) your computer and other Approved Electronic Devices (defined below) must all be physically located in the United States, (ii) any Digital Downloads that you purchase may only be downloaded to your Primary Computer (defined below) or transferred to Seconday Computers (defined below) or Portable Devices (defined below), and (iii) you must first be a registered user of this Site and in full compliance with this Terms of Use. Usage Rules. All downloaded music, images, video, artwork, text, software and other copyrightable materials ("Digital Downloads") are sublicensed to End Users and not sold, notwithstanding use of the terms "sell," "purchase," "order," or "buy" on the Site or this Terms of Use. Your Digital Download sublicense is nonexclusive, nontransferable, nonsublicensable, limited and for use only within the United States. Standard Usage Rules. You may download music to a single registered personal computer ("Primary Computer"). You may then transfer music files and backup license files to up to two (2) additional personal computers ("Secondary Computers") (but without rights to further transfer or copy from those Secondary Computers). You may play music an unlimited number of times on your Primary Computer and your Secondary Computers. You shall be entitled to (A) burn (only from your Primary Computer) Digital Downloads solely for personal, non-commercial use up to ten (10) times, and (B) export Digital Downloads (solely from the Primary Computer) an unlimited number of times to a Portable Device (as defined below). The foregoing are collectively referred to as the "Standard Usage Rules", and together with any more restrictive usage rules that may be imposed by certain labels and licensors, the "Usage Rules". Different Licensors May Require More Restricted Usage Rules. Unfortunately, certain labels and licensors of digital downloads may require stricter usage rules than the Standard Usage Rules. When applicable, we will identify these more restrictive usage rules prior to your purchase of a Digital Download that is subject to any such restrictive usage rule. You may only download, transfer, copy and use the Digital Downloads as stated in the particular Usage Rules for that Digital Download, which Usage Rules are hereby incorporated by reference. No other downloads, transfers, copies or uses of Digital Downloads are permitted. All other rights are reserved. As a condition of purchasing each Digital Download, you represent to GetOnMy.com that you understand and agree to the limited uses associated with a particular Digital Download's Usage Rules. Approved Electronic Devices For Digital Downloads. The Digital Music Downloads are sublicensed for play only upon approved electronic devices. "Approved Electronic Devices" are subject to the Usage Rules above and include the following: (i) the Primary Computer and Secondary Computer registered with this Site, and (ii) lightweight devices that receive and store digital music files, and play them back in analog form, but which are incapable of further transferring Digital Downloads ("Portable Devices"). Portable Devices must support the Windows Media Audio ("WMA") format and meet "Class 1000" standards. WMAs are not compatible with any Macintosh Operating Systems. WITHOUT LIMITING ANY PROVISION HEREIN, GetOnMy.com MAKES NO WARRANTY THAT ANY PARTICULAR COMPACT DISC BURNER WILL BE COMPATIBLE WITH ANY DIGITAL DOWNLOAD OR THAT ANY COMPACT DISC BURNED WILL FUNCTION IN ALL COMPACT DISC PLAYERS. Prohibited Uses of Digital Downloads. You may not reverse engineer, decompile, dissassemble, modify or disable any copy protection or use limitation systems associated with any of the Digital Downloads. You may not play and then redigitize any of the Digital Downloads, or upload those Digital Downloads to the Internet. You may not create any "derivative works" by altering any of the Digital Downloads. You may not use the Digital Downloads in conjunction with any other third-party content (e.g, to provide sound for a film). You may not exploit any Digital Download for any commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices). You further agree to indemnify and hold harmless GetOnMy.com for your failure to comply with this section. Conditions to Sublicensing of Digital Downloads to You. Digital Rights Management ("DRM") software will be downloaded onto your Approved Electronic Devices along with your Digital Download music files, and will limit your uses as specified in the Usage Rules. You must first install, and limit any approved uses of the Digital Music Download, using only Windows media Digital Rights Management(DRM) compatible software. You must also first install a software program that is used to compress and decompress ("codec") music files. GetOnMy.com reserves the right to change at any time, without prior notice to you, the software required to download, transfer, copy and use or limit use of any of the Digital Downloads. The speed at which a Digital Download can be transferred to your registered personal computer depends in large part upon the bandwidth of the connection provided to you by your Internet Service Provider. You are responsible for all charges associated with use of your Internet Service. For an estimate of the times required to download music Digital Downloads depending upon your connection bandwidth, click here. 6. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable. 7. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, American Express, Discover Network, RevolutionCard, and government credit cards (each of which may be removed by GetOnMy.com in its sole discretion). Unless expressly set forth on the GetOnMy.com site, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT GetOnMy.com, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify GetOnMy.com of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If GetOnMy.com does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by GetOnMy.com or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. GetOnMy.com shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and Massachusetts and any other states or localities that it deems is required. 8. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. GetOnMy.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. GetOnMy.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by GetOnMy.com upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier. All orders placed over $1000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. GetOnMy.com is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell. 9. No Responsibility To Sell Mispriced Products Or Services. GetOnMy.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. GetOnMy.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, GetOnMy.com shall immediately issue a credit to your credit card account in the amount of the charge. 10. Modifications to Prices or Billing Terms. GetOnMy.com RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU. 11. Price Comparisons, "List Price" and "You Save". Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. "LIST PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. "YOU SAVE" reflects the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase. 12. Service and Support for Goods Sold. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions. 13. Indemnification. You agree to indemnify and hold harmless GetOnMy.com and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right. 14. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF GetOnMy.com'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, GetOnMy.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE GetOnMy.com SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION. 15. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. IN NO EVENT SHALL GetOnMy.com OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT AND/OR DIGITAL DOWNLOADS, WITH THE DELAY OR INABILITY TO USE THE GetOnMy.com SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE GetOnMy.com SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF GetOnMy.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT GetOnMy.com SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO GetOnMy.com BY END USER. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF GetOnMy.com. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. 16. Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), GetOnMy.com L.L.C. will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to the GetOnMy.com and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, GetOnMy.com will terminate the infringing customer's account. GetOnMy.com may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), GetOnMy.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. GetOnMy.com respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the GetOnMy.com.com website, please contact "Legal Department", via facsimile at (201) 793-7444, or mail at: Attn: Legal Department, GetOnMy.com L.L.C., Any written notice describing the infringing activity must include the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed; Returns Policy Each of these policies may be changed from time to time and are effective immediately after we post the changes on the Site. In addition, when using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. 18. General. No delay or failure to take action under this Terms of Use shall constitute any waiver by GetOnMy.com of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of GetOnMy.com's permitted successors and assigns. One or more patents may apply to this Web site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. This Terms of Use shall be governed by the laws of the State of California without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Orange County, in the State of California. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. GetOnMy.com may freely assign this Terms of Use without consent or notice. This Terms of Use (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between GetOnMy.com and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. 1. Acceptance of Terms of Service GetOnMy.com and its subsidiaries and affiliates (collectively, "GetOnMy.com") operate a network of websites and services (the "GetOnMy.com"). These Terms of Service set forth the terms and conditions that apply to your use of the GetOnMy.com. From time to time, GetOnMy.com may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the GetOnMy.com to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING THE GetOnMy.com, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH GetOnMy.com. If you do not agree to be bound by these Terms of Service, please discontinue your use of the GetOnMy.com. The GetOnMy.com is provided free of charge to you (unless otherwise indicated). Although portions of the GetOnMy.com may be viewed simply by visiting the relevant web site, in order to access the message boards and/or receive additional services from GetOnMy.com you need to sign up and register as a member of the GetOnMy.com. Registering as a member will allow you to access certain services that are not available to pubic vistors. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the GetOnMy.com, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited. 1. You Agree to the following: All files are hosted on remote servers, GetOnMy.com does not host any files!
When you register for the GetOnMy.com, you will be required to provide GetOnMy.com with the following information: your name, e-mail address, zip code, country, gender, birth date, member name and password. In addition, you may choose to provide the GetOnMy.com with additional information, including your mailing address, household income, education, marital status and employment status. Any information provided by you or gathered by GetOnMy.com or third parties during any visit to the GetOnMy.com shall be subject to the terms of GetOnMy.com's Privacy Policy, which are incorporated herein by reference. Contact BboySpace Team if you wish to read GetOnMy.com's Privacy Policy. GetOnMy.com reserves the right to offer third party services and products to you based on the preferences that you identify during the registration process and based on your subsequent preferences. GetOnMy.com reserves the right to (i) terminate your membership and access to any specific content , services, digital products, products courses or events, and (ii) remove your personal GetOnMy.com website, if GetOnMy.com learns that you have provided GetOnMy.com with false or misleading registration information.
GetOnMy.com reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the GetOnMy.com and/or any other service, tool, specific content, digital products, products, courses or events provided to you by GetOnMy.com, including any personal web site, upon any breach by you of these Terms of Service or otherwise.
GetOnMy.com may modify these Terms of Service from time to time in its sole discretion. Each time you use the GetOnMy.com, you will be deemed to have accepted any such changes. GetOnMy.com shall have no obligation to notify you of any such changes other then posting such modifications on the GetOnMy.com, but GetOnMy.com reserves the right (at GetOnMy.com's discretion) to provide you notice of such changes to any e-mail address you have provided to GetOnMy.com, or post office address you have provided to GetOnMy.com.
GetOnMy.com may modify or discontinue the GetOnMy.com, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on the GetOnMy.com, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the GetOnMy.com that is accessible to the general public nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. GetOnMy.com assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the GetOnMy.com. GetOnMy.com further assumes no responsibility for the deletion of or failure to store e-mail messages. You further agree that you will not use the GetOnMy.com to send emails or instant messages or post on message boards, blogs, profiles, comments or any place on the GetOnMy.com, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, (unless within the scope of the topic area of a message board as determined by GetOnMy.com in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the GetOnMy.com. GetOnMy.com reserves the right to delete any such material from the GetOnMy.com. GetOnMy.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of GetOnMy.com. You further agree not to use an inappropriate member name of any kind. You agree not to post or use the GetOnMy.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. You acknowledge that (i) content on the GetOnMy.com is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the GetOnMy.com, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that GetOnMy.com may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials. By submitting content, which shall include your member name, to any "public area" of the GetOnMy.com, including message boards, blogs, forums, contests, personal websites, public profiles, comments or chat rooms, you grant GetOnMy.com a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the GetOnMy.com retains any and all Rights that may exist in such content. GetOnMy.com is not obligated to review content posted by users prior to the content's posting to any area of the GetOnMy.com, including any private profile. Content posted by any user to the GetOnMy.com does not reflect the opinions or views of GetOnMy.com, its parent, subsidiaries or affiliates. GetOnMy.com makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other GetOnMy.com members through any GetOnMy.com service. ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE GetOnMy.com, YOU HEREBY EXPRESSLY PERMIT GetOnMy.com TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY GetOnMy.com'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
The GetOnMy.com, its products, services, digital products, events, courses, social networking tools (as more fully described below) and any other element of the GetOnMy.com are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by GetOnMy.com in writing. Illegal and/or unauthorized use of the GetOnMy.com, or any portion thereof, including, but not limited to, collecting user names 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 GetOnMy.com is prohibited. In furtherance thereof, you agree that you will not use the GetOnMy.com for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list. Any such use shall be deemed to be a violation of these Terms of Service.
The GetOnMy.com Social Networking service allows members to create unique personal profiles, communicate and share materials with other GetOnMy.com members through tools, such as email, friend invitations, groups, video and photograph uploading, blogs, content rating, comments, calendars, lists and other tools and services that may be included from time to time. Use of and membership to the social networking platform is void where prohibited. You must register for the social networking platform in order to use the services contained therein. Your use of the social networking platform is subject to this Terms of Service and any Additional Terms. You are solely responsible for your interactions with other users. You may never use another's account without permission. If you become aware of any misuse of the GetOnMy.com by any person, please contact GetOnMy.com by clicking the "Flag" link located throughout the GetOnMy.com.
You are solely responsible for any interaction with other members or visitors of the GetOnMy.com. GetOnMy.com reserves the right but shall have no obligation to monitor disputes between you and any other member of the GetOnMy.com.
When you register with the GetOnMy.com and/or any service therein, you acknowledge that in using the GetOnMy.com services to send electronic communications, you will be causing communications to be sent through GetOnMy.com's computer networks, portions of which are located in New York, California, Texas, Virginia and other locations in the United States and portions of which are located abroad. As a result, and also as a result of GetOnMy.com's business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms of Service and using the GetOnMy.com communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.
You may order services or merchandise through the GetOnMy.com from other persons not affiliated with GetOnMy.com ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. GetOnMy.com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider GetOnMy.com nor will GetOnMy.com be construed as a party to such transactions, whether or not GetOnMy.com may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction. GetOnMy.com may include special routing icons which may be located within the GetOnMy.com, the activation of which will allow you to access and learn more about GetOnMy.com and other services provided by GetOnMy.com whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify GetOnMy.com of any unauthorized use of your registration or password.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the GetOnMy.com infringe your copyright, you (or your agent) may send GetOnMy.com a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow GetOnMy.com to locate the material on the GetOnMy.com; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send GetOnMy.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Karen Greenstein, Vice President of Legal Affairs, GetOnMy.com LLC, 500 Seventh Avenue, 14th Floor, New York, New York 10018, 212-600-6000, DMCANOTICE@mail.GetOnMy.com.com. GetOnMy.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
YOU EXPRESSLY AGREE THAT USE OF THE GetOnMy.com, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE GetOnMy.com, IS AT YOUR SOLE RISK. THE GetOnMy.com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GetOnMy.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GetOnMy.com MAKES NO WARRANTY THAT THE GetOnMy.com WILL MEET YOUR REQUIREMENTS, OR THAT THE GetOnMy.com WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES GetOnMy.com MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GetOnMy.com. GetOnMy.com WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE GetOnMy.com. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GetOnMy.com IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT GetOnMy.com DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE GetOnMy.com. GetOnMy.com IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER GetOnMy.com NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE GetOnMy.com, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. GetOnMy.com ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. GetOnMy.com SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE GetOnMy.com, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE GetOnMy.com IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GetOnMy.com OR THROUGH THE GetOnMy.com, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. GetOnMy.com MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE GetOnMy.com OR ANY TRANSACTIONS ENTERED INTO THROUGH THE GetOnMy.com. GetOnMy.com IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE GetOnMy.com. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH GetOnMy.com MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST GetOnMy.com WITH RESPECT TO SUCH SITES. BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, GetOnMy.com MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. GetOnMy.com SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE GetOnMy.com, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY GetOnMy.com AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE GetOnMy.com, YOU WAIVE ANY CLAIMS AGAINST GetOnMy.com FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
GetOnMy.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE GetOnMy.com OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE GetOnMy.com OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF GetOnMy.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GetOnMy.com and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. GetOnMy.com makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither GetOnMy.com nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of GetOnMy.com, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the GetOnMy.com, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering the GetOnMy.com, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.
In the event that GetOnMy.com determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the GetOnMy.com, GetOnMy.com reserves the right to (i) delete any or all content provided by you or your agent(s) to The GetOnMy.com; (ii) discontinue your registration(s) with the GetOnMy.com and/or any other GetOnMy.com community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the GetOnMy.com; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which GetOnMy.com deems to be appropriate. If your registration(s) with or ability to access the GetOnMy.com, any other GetOnMy.com community and/or any other service, product, content, course, event, tool or digital product provided to you by GetOnMy.com is discontinued by GetOnMy.com due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the GetOnMy.com, then you agree that you shall not attempt to re-register with or access the GetOnMy.com, any other GetOnMy.com community and/or any other digital product, course content or service provided by GetOnMy.com, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, GetOnMy.com reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. GetOnMy.com may assign its rights and obligations under these Terms of Service and upon such assignment GetOnMy.com may be relieved of any further obligation hereunder. You represent to GetOnMy.com that you have the authority to register with or visit the GetOnMy.com according to these Terms of Service. GetOnMy.com does not encourage, solicit, or permit visitors who are known to be under the age of 18 to become a member of or visit the GetOnMy.com. These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of GetOnMy.com, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable. GetOnMy.com reserves the right to terminate free
access to the GetOnMy.com including any or all content, services, digital
products, products, events, courses or tools with or without notice to you.
GetOnMy.com reserves the right (at GetOnMy.com's discretion) to provide
you with notice of such change by prominently posting a notice on the GetOnMy.com
and/or sending written notice to you at any e-mail and/or post office address
you have provided to GetOnMy.com. Once free access is terminated GetOnMy.com
may charge each subscriber any applicable fee, surcharge and/or membership fee
for access to the GetOnMy.com and/or any for-pay content, services, digital
products, products, events, tools or products. |
||