MyLilyPod.com Terms of Use Agreement - Updated September 1, 2007
MyLilyPod.com and ALLZUP.com video sharing is a travel and social networking service that allows Members to create personal profiles online for entertainment and informational exchange only. The services offered by MyLilyPod.com include our MyLilyPod.com website, ALLZUP.com website, and any other features, content, or applications offered from time to time by MyLilyPod.com or ALLZUP.com. MyLilyPod.com and ALLZUP.com websites and services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of our services. You agree to be bound by this Agreement, whether you are a visitor, guest, or a Member and to abide by all laws of this Agreement. Please read this Agreement carefully and save it. If you wish to make use of our services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes MyLilyPod.com's policy for acceptable use of our services and content posted, your rights, obligations and restrictions regarding your use of the MyLilyPod.com and ALLZUP.com website. You may receive a copy of this Agreement by emailing us at: privacy@MyLilyPod.com, Subject: Terms of Use Agreement.
MyLilyPod.com may modify this Agreement from time to time and such modification shall be effective upon posting by MyLilyPod.com and ALLZUP.com on either Website. You also agree to be bound to any changes to this Agreement when you use the our 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 MyLilyPod.com or ALLZUP.com and that you provide to others. Your 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. MyLilyPod.com assumes no responsibility or liability for any material posted by any members. If you become aware of misuse by any person, please contact us immediately.
MyLilyPod.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or message by you, or to restrict, suspend, or terminate your access to all or any part of MyLilyPod.com or ALLZUP.com at any time, for any or no reason, with or without prior notice, and without liability. My Lily Pod, Inc. expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of our websites or services if we determine that you pose a threat to MyLilyPod.com, ALLZUP.com and/or its users.
1. Eligibility. Use of, and membership in, MyLilyPod.com services is void where prohibited. By using the MyLilyPod.com 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 MyLilyPod.com 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 14 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the MyLilyPod.com services or are a member. You may terminate your membership at any time. MyLilyPod.com or ALLZUP.com may terminate your membership at any time, without warning.
3. Fees. You acknowledge that MyLilyPod.com reserves the right to charge for the services and to change its fees from time to time in its discretion.
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 MyLilyPod.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 MyLilyPod.com and ALLZUP.com 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 MyLilyPod.com. Illegal and/or unauthorized use of the MyLilyPod.com 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 MyLilyPod.com and ALLZUP.com websites 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 MyLilyPod.com or ALLZUP.com services.
6. Proprietary Rights in Content on MySpace.com.
A. MyLilyPod.com or ALLZUP.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials that you post to the MyLilyPod services. After posting your content, 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 MyLilyPod Services, you hereby grant a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MyLilyPod services.
This license will terminate at the time you remove your Content from the MyLilyPod services. The license does not grant MyLilyPod.com or ALLZUP.com the right to sell your Content, nor does the license grant MyLilyPod.com the right to distribute your Content outside of the MyLilyPod services.
B. You represent and warrant that: (i) you own the Content posted by you on or through the MyLilyPod 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 MyLilyPod 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 MyLilyPod services.
C. The MyLilyPod.com is protected by copyright, trademark, patent, trade secret and other laws, and MyLilyPod.com owns and retains all rights in the MyLilyPod.com and ALLZUP.com Content.
D. 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 MyLilyPod services.
7. Content Posted.
A. MyLilyPod.com and ALLZUP.com may delete any Content that violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MyLilyPod.com and ALLZUP.com assumes no responsibility for monitoring the MyLilyPod Services for inappropriate Content or conduct.
B. You are solely responsible for the Content that you post on or through any of the MyLilyPod Services, and any material or information that you transmit to other members and for your interactions with other Users. MyLilyPod.com does not endorse and has no control over the Content.
8. Content/Activity Prohibited. The following list indicates Content which is considered illegal or prohibited to post on or through the MyLilyPod services. MyLilyPod.com reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the MyLilyPod services and terminating the Membership of such violators. Content which:
A. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
B. harasses or advocates harassment of another person;
C. exploits people in a sexual or violent manner;
D. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
E. solicits personal information from anyone under 18;
F. provides any telephone numbers, street addresses, last names, URLs or email addresses;
G. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
H. 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;
I. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
J. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
K. 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;
L. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
M. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
N. includes a photograph of another person that you have posted without that person's consent; or
O. 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 list indicates the kind of activity which is considered illegal or prohibited to post on or through the MyLilyPod services. MyLilyPod.com reserves the right to investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the MyLilyPod services and terminating the Membership of such violators. Content which:
A. 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;
B. advertising to, or solicitation of, any Member to buy or sell any products or services through the MyLilyPod 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 MyLilyPod services in order to contact, advertise to, solicit, or sell to any member without their prior explicit consent. MyLilyPod.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 MyLilyPod.com deems appropriate in its sole discretion.
C. covering or obscuring the banner advertisements on your personal profile page, or any MyLilyPod.com page via HTML/CSS or any other means;
D. any automated use of the system, such as using scripts to add friends or send comments or messages;
E. interfering with, disrupting, or creating an undue burden on the MyLilyPod services or the its networks;
F. attempting to impersonate another member or person;
G. for band profiles, copying the code for your MyLilyPod Player and embedding it into other profiles or asking others to embed it into their profiles;
H. 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;
I. selling or otherwise transferring your profile;
J. using any information obtained from the MyLilyPod services in order to harass, abuse, or harm another person;
K. 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 MyLilyPod 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 or sending private messages with a commercial purpose; or
L. using the MyLilyPod 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 MyLilyPod.com to terminate Membership privileges of any member who repeatedly infringes the copyright rights of others upon receipt of proper notification by the copyright owner or the copyright owner's legal agent
10. Member Disputes. You are solely responsible for your interactions with other MyLilyPod.com members.
11. Privacy. Use of the MyLilyPod services is also governed by our Privacy Policy, which is found at www.MyLilyPod.com/Privacy.html
12. Disclaimers. MyLilyPod.com is not responsible for any incorrect or inaccurate Content posted on the MyLilyPod.com or ALLZUP.com websites, or in connection with the MyLilyPod Services. Profiles created and posted by members may contain links to other websites. MyLilyPod.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 MyLilyPod.com. MyLilyPod.com takes no responsibility for third party advertisements which are posted on MyLilyPod.com or ALLZUP.com websites, or through the MyLilyPod services, nor does it take any responsibility for the goods or services provided by its advertisers or sponsors. MyLilyPod.com or ALLZUP.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. Under no circumstances shall MyLilyPod.com be responsible for any loss or damage, including personal injury or death, resulting from use of the MyLilyPod services, attendance at a MyLilyPod.com event, from any Content posted on or through the MyLilyPod services, or from the conduct of any Users of the MyLilyPod services, whether online or offline. The MyLilyPod services are provided "AS-IS" and cannot guarantee, nor does not promise any specific results from use of the MyLilyPod services.
13. Limitation on Liability. IN NO EVENT SHALL MYLILYPOD.COM OR ALLZUP.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 MYLILYPOD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYLILYPOD.COM'S OR ALLZUP.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 MYLILYPOD.COM OR ALLZUP.COM FOR SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection with the MyLilyPod services (the "Software") is further subject to United States export controls. No Software may be downloaded 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 MyLilyPod 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 Nevada, City of Sparks.
16. Indemnity. You agree to indemnify and hold My Lily Pod, Inc., 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 MyLilyPod 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 websites or through the MyLilyPod services causes MyLilyPod.com to be liable to another.
17. Other. This Agreement is accepted upon your use of the MyLilyPod.com or ALLZUP.com Website or any of the MyLilyPod.com services and is further affirmed by you becoming a member. This Agreement constitutes the entire agreement between you and MyLilyPod.com regarding the use of the MyLilyPod.com services. The failure of MyLilyPod.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. MyLilyPod.com is a trademark (pending) of MyLilyPod, Inc. This Agreement operates to the fullest extent permissible by law.
Please contact us at: Contact MyLilyPod with any questions regarding this Agreement.
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