Terms of Use Agreement for MakeMillionsTogether.com
Welcome to MakeMillionsTogether.com!
Make Millions Together, Inc. ("MMT", "us", or "we") provides a social networking service offering an array of features and applications that allows members to create unique profiles online in order to find and communicate with other people. The services offered by MMT consist of the MMT website (the "Website"), the MMT instant messenger, and any other features, content, or applications offered from time to time by MMT in connection with the Website (collectively, the "Services").
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with MMT). The term "User" refers to a Visitor or a Member.
1. Eligibility. Use of the Services is void where prohibited. By using the 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 18 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted without warning if we believe that you are younger than 18 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Member Account page[hyperlink]. MMT may terminate your membership for any reason, effective upon sending notice to you at the then-current email address in your account profile. If you terminate your membership or if MMT terminates your membership due to your breach of the Agreement, you shall not be entitled to a refund of any fees paid. Even after any termination, Sections 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17, and 18 of this Agreement will remain in full force and effect. You understand that termination of this Agreement and your account may involve your loss of any data, information, or Content associated with your use of the Services. MMT will not have any liability whatsoever to you for any termination of your account or loss of such data, information or Content.
3. Fees; Payment of Fees. You acknowledge that MMT reserves the right to charge fees for certain Services and to change its fees and billing methods from time to time in its discretion. If your use of the Services requires payment of fees, all applicable fees shall be due and payable at the time you register for the Services to which such fees apply. To submit payment for any Services, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you submit payment for Services hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. MMT currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before MMT invoices the credit card for all amounts due and payable. By providing MMT with your credit card number and associated payment information, you agree that MMT is authorized to immediately invoice your account for all fees and charges due and payable to MMT as a result of your purchase of Services including but not limited to Service fees, set up fees, subscription fees, overage fees, or any other fee or charge associated with Your use of the Services. You agree to immediately notify MMT of any change in your billing address or the credit card used for payment hereunder. You agree that in the event MMT is unable to collect the fees owed to MMT by You for the Services, MMT may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by MMT in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that MMT may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
4. Password. When you sign up to become a Member, you will also be asked to choose a username and 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. You agree to notify MMT 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. Proprietary Rights.
a. Your Content. By posting any "Content" (which means any and all postings, messages, text, files, images, photos, video, sounds, works of authorship, or other materials) on or through the Services, you hereby grant to MMT an irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute any Content from the Services in any and all media (now known or later developed) throughout the world. You represent and warrant that: (i) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post to or through the Service.
b. MMT. The Services contain Content of MMT ("MMT Content") and its licensors. MMT owns and retains all proprietary rights in the MMT Content and the Services. Except for that Content that is owned by you, that is in the public domain, or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Content. MMT hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MMT Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
6. Your Content and Activity. You are solely responsible for any and all Content that is published or displayed ("posted", as used herein) by or through your account on any Service, including without limitation any email and instant messages, and for your interactions with other Users.
a. Prohibited Content. You agree that you will not post any Prohibited Content. "Prohibited Content" includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) stalks, bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, unsolicited instant messaging, "spamming," or "spimming"; (iv) promotes information that is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (vii) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code; (ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (x) except as expressly approved by MMT, involves promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (xii) otherwise violates the terms of this Agreement.
b. Enforcement by MMT. You understand and agree that MMT may review and delete any Content for any reason or no reason. MMT reserves the right (but has no obligation) to investigate and take appropriate legal action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including removing from the Services any Content that in the sole judgment of MMT violates this Agreement or which may be offensive, illegal, violate the rights, harm, or threaten the safety of any User or any other person, or create liability for MMT or any User (collectively "Prohibited Content"); terminating your membership; reporting you to law enforcement authorities; and taking legal action against you.
c. Your Profile. You may not include in your Member profile any of the following items: any photographs posted by you that contain nudity, violence, sexually explicit material, depictions of illegal activity or otherwise offensive subject matter. You may not post a photograph of another person without that person's permission.
d. Member Interaction. You will not collect usernames through the Services for any purpose other than to use the Services as provided and intended by MMT. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MMT reserves the right to restrict the number of emails or instant messages which a Member may send to other Members in any 24-hour period to a number which MMT deems appropriate in its sole discretion.
e. Spamming. If you breach this Agreement and send unsolicited bulk e-mail, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to MMT, but that the amount of such harm would be extremely difficult to ascertain. Without limiting other remedies available to MMT, as a reasonable estimation of such harm, you agree to pay to MMT fifty dollars (US $50) for each such unsolicited e-mail or other unsolicited communication you send through any Service.
f. No Disruption. You will not: (i) cover or obscure the banner advertisements on your personal profile page, or any MMT page via HTML/CSS, scripting, or any other means; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services.
g. Miscellaneous. You will not attempt to impersonate another User or person, including any employee of MMT. You will use the Services in a manner consistent with any and all applicable laws and regulations.
7. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MMT to terminate membership privileges of any Member who infringes copyright upon prompt notification to MMT 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 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 Service; (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 that the above information in your notice is accurate, and under penalty of perjury, that you are authorized to act on the copyright owner's behalf. Contact information for MMT's Copyright Agent for notice of claims of copyright infringement is as follows: Ryan Naftulin: rnaftulin@cooley.com
8. Third Parties and other Users.
a. Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because MMT does not control such Content, you agree that MMT is not responsible for any such Content, including advertising and information about third party products or services. Because MMT does not have control over such Content, MMT makes no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and MMT assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
b. Responsibility. Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. MMT does not have any obligation to monitor Users' conduct or Content on the Services or off-line. You agree that MMT is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), MMT is under no obligation to become involved; however, MMT reserves the right, but has no obligation, to monitor disputes between you and other Users.
9. Privacy. Use of the Services is also governed by our Privacy Statement found at http://www.makemillionstogether.com/privacy.html, which is incorporated in this Agreement by this reference. To ensure that MMT provides a high quality experience for you and for other users of the Service, you agree that MMT or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, violations of this Agreement, or other unauthorized uses of the Service.
10. Additional Terms. In order to participate in certain Services, you may be 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 Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
11. Amendments. MMT may modify this Agreement from time to time and such modification shall be effective: (1) upon posting by MMT on the Website, for all Users who first use the Services affected by such modification after the posting, or (2) thirty (30) days after posting by MMT on the Website, for all existing Users of the affected Services. If you do not agree to the modifications, you must cease your use of the Services.
12. Disclaimers. MMT is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by users of the Services, Members or by any of the equipment or programming associated with or utilized in the Services. MMT is not responsible for the conduct, whether online or offline, of any User of the Services. MMT 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 communication. MMT 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 instant message due to technical problems or traffic congestion on the Internet or at the Website or combination thereof, including any injury or damage to Visitors and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall MMT be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on or through the Services, or any interactions between Users of the Services, whether online or offline.
THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE. MMT EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. MMT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
MMT DOES NOT PARTICIPATE AS A "FINDER" IN SECURITIES TRANSACTIONS, DOES NOT ACT AS A "BROKER" OR "DEALER" AS DEFINED IN, AND REGULATED BY, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, OR ANY SIMILAR ACT PROMULGATED UNDER ANY STATE LAW OR REGULATION, AND DOES NOT ACT AS AN "INVESTMENT ADVISER" AS DEFINED IN, AND REGULATED BY, THE ADVISER ACT, OR ANY SIMILAR ACT PROMULGATED UNDER ANY STATE LAW OR REGULATION.
13. Limitation on Liability. IN NO EVENT SHALL MMT 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 MMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MMT'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SERVICES (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 MMT FOR THE SERVICES.
14. Release. You hereby release MMT, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any offline MMT event. If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
15. Indemnity. You agree to defend, indemnify, and hold MMT, its subsidiaries, affiliates, officers, agents, and other 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 Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement (including any representation or warranty).
16. U.S. Export Controls. Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
17. Governing Law. This Agreement shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts located within the borough of Manhattan, New York for the purpose of litigating all such claims or disputes.
18. Other. This Agreement is accepted upon your use of the Website or any of the Services or by you registering to be a Member. This Agreement constitutes the entire agreement between you and MMT regarding the use of the Services. The terms "include" or "including" mean "including without limitation". The failure of MMT 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. Please contact us with any questions regarding this Agreement. "MakeMillionsTogether.com" is a trademark of Make Millions Together Inc. You may also receive a copy of this Agreement in (in ASCII text format or html format) by emailing us at: rnaftulin@cooley.com
Welcome to MakeMillionsTogether.com!
Make Millions Together, Inc. ("MMT", "us", or "we") provides a social networking service offering an array of features and applications that allows members to create unique profiles online in order to find and communicate with other people. The services offered by MMT consist of the MMT website (the "Website"), the MMT instant messenger, and any other features, content, or applications offered from time to time by MMT in connection with the Website (collectively, the "Services").
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website) or you are a "Member" (which means that you have registered with MMT). The term "User" refers to a Visitor or a Member.
1. Eligibility. Use of the Services is void where prohibited. By using the 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 18 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted without warning if we believe that you are younger than 18 years of age.
2. Term. This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your membership at any time, for any reason by following the instructions on the Member Account page[hyperlink]. MMT may terminate your membership for any reason, effective upon sending notice to you at the then-current email address in your account profile. If you terminate your membership or if MMT terminates your membership due to your breach of the Agreement, you shall not be entitled to a refund of any fees paid. Even after any termination, Sections 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17, and 18 of this Agreement will remain in full force and effect. You understand that termination of this Agreement and your account may involve your loss of any data, information, or Content associated with your use of the Services. MMT will not have any liability whatsoever to you for any termination of your account or loss of such data, information or Content.
3. Fees; Payment of Fees. You acknowledge that MMT reserves the right to charge fees for certain Services and to change its fees and billing methods from time to time in its discretion. If your use of the Services requires payment of fees, all applicable fees shall be due and payable at the time you register for the Services to which such fees apply. To submit payment for any Services, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction. You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time you submit payment for Services hereunder, including all of the following: (i) your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of your credit card, (iv) billing address, and (v) any activation numbers or codes needed to charge your card. MMT currently does not accept cash, checks or any other payment form, although in the future we may change this policy. Your credit card issuer agreement governs your use of your designated credit card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before MMT invoices the credit card for all amounts due and payable. By providing MMT with your credit card number and associated payment information, you agree that MMT is authorized to immediately invoice your account for all fees and charges due and payable to MMT as a result of your purchase of Services including but not limited to Service fees, set up fees, subscription fees, overage fees, or any other fee or charge associated with Your use of the Services. You agree to immediately notify MMT of any change in your billing address or the credit card used for payment hereunder. You agree that in the event MMT is unable to collect the fees owed to MMT by You for the Services, MMT may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by MMT in connection with such collection activity, including collection fees, court costs and attorneys' fees. You further agree that MMT may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.
4. Password. When you sign up to become a Member, you will also be asked to choose a username and 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. You agree to notify MMT 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. Proprietary Rights.
a. Your Content. By posting any "Content" (which means any and all postings, messages, text, files, images, photos, video, sounds, works of authorship, or other materials) on or through the Services, you hereby grant to MMT an irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute any Content from the Services in any and all media (now known or later developed) throughout the world. You represent and warrant that: (i) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post to or through the Service.
b. MMT. The Services contain Content of MMT ("MMT Content") and its licensors. MMT owns and retains all proprietary rights in the MMT Content and the Services. Except for that Content that is owned by you, that is in the public domain, or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Content. MMT hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the MMT Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
6. Your Content and Activity. You are solely responsible for any and all Content that is published or displayed ("posted", as used herein) by or through your account on any Service, including without limitation any email and instant messages, and for your interactions with other Users.
a. Prohibited Content. You agree that you will not post any Prohibited Content. "Prohibited Content" includes Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) stalks, bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing, unsolicited instant messaging, "spamming," or "spimming"; (iv) promotes information that is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music or links to pirated music files; (vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (vii) is involved in the exploitation of persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code; (ix) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (x) except as expressly approved by MMT, involves promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (xii) otherwise violates the terms of this Agreement.
b. Enforcement by MMT. You understand and agree that MMT may review and delete any Content for any reason or no reason. MMT reserves the right (but has no obligation) to investigate and take appropriate legal action in its sole discretion against you if you violate this provision or any other provision of this Agreement, including removing from the Services any Content that in the sole judgment of MMT violates this Agreement or which may be offensive, illegal, violate the rights, harm, or threaten the safety of any User or any other person, or create liability for MMT or any User (collectively "Prohibited Content"); terminating your membership; reporting you to law enforcement authorities; and taking legal action against you.
c. Your Profile. You may not include in your Member profile any of the following items: any photographs posted by you that contain nudity, violence, sexually explicit material, depictions of illegal activity or otherwise offensive subject matter. You may not post a photograph of another person without that person's permission.
d. Member Interaction. You will not collect usernames through the Services for any purpose other than to use the Services as provided and intended by MMT. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Members from such advertising or solicitation, MMT reserves the right to restrict the number of emails or instant messages which a Member may send to other Members in any 24-hour period to a number which MMT deems appropriate in its sole discretion.
e. Spamming. If you breach this Agreement and send unsolicited bulk e-mail, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to MMT, but that the amount of such harm would be extremely difficult to ascertain. Without limiting other remedies available to MMT, as a reasonable estimation of such harm, you agree to pay to MMT fifty dollars (US $50) for each such unsolicited e-mail or other unsolicited communication you send through any Service.
f. No Disruption. You will not: (i) cover or obscure the banner advertisements on your personal profile page, or any MMT page via HTML/CSS, scripting, or any other means; (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; or (iii) introduce software or automated agents to the Services so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services.
g. Miscellaneous. You will not attempt to impersonate another User or person, including any employee of MMT. You will use the Services in a manner consistent with any and all applicable laws and regulations.
7. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of MMT to terminate membership privileges of any Member who infringes copyright upon prompt notification to MMT 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 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 Service; (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 that the above information in your notice is accurate, and under penalty of perjury, that you are authorized to act on the copyright owner's behalf. Contact information for MMT's Copyright Agent for notice of claims of copyright infringement is as follows: Ryan Naftulin: rnaftulin@cooley.com
8. Third Parties and other Users.
a. Third Party Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because MMT does not control such Content, you agree that MMT is not responsible for any such Content, including advertising and information about third party products or services. Because MMT does not have control over such Content, MMT makes no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and MMT assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
b. Responsibility. Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. MMT does not have any obligation to monitor Users' conduct or Content on the Services or off-line. You agree that MMT is not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), MMT is under no obligation to become involved; however, MMT reserves the right, but has no obligation, to monitor disputes between you and other Users.
9. Privacy. Use of the Services is also governed by our Privacy Statement found at http://www.makemillionstogether.com/privacy.html, which is incorporated in this Agreement by this reference. To ensure that MMT provides a high quality experience for you and for other users of the Service, you agree that MMT or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, violations of this Agreement, or other unauthorized uses of the Service.
10. Additional Terms. In order to participate in certain Services, you may be 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 Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
11. Amendments. MMT may modify this Agreement from time to time and such modification shall be effective: (1) upon posting by MMT on the Website, for all Users who first use the Services affected by such modification after the posting, or (2) thirty (30) days after posting by MMT on the Website, for all existing Users of the affected Services. If you do not agree to the modifications, you must cease your use of the Services.
12. Disclaimers. MMT is not responsible for any incorrect or inaccurate Content (including any profile information) posted on the Services, whether caused by users of the Services, Members or by any of the equipment or programming associated with or utilized in the Services. MMT is not responsible for the conduct, whether online or offline, of any User of the Services. MMT 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 communication. MMT 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 instant message due to technical problems or traffic congestion on the Internet or at the Website or combination thereof, including any injury or damage to Visitors and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall MMT be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on or through the Services, or any interactions between Users of the Services, whether online or offline.
THE SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE. MMT EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. MMT CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
MMT DOES NOT PARTICIPATE AS A "FINDER" IN SECURITIES TRANSACTIONS, DOES NOT ACT AS A "BROKER" OR "DEALER" AS DEFINED IN, AND REGULATED BY, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, OR ANY SIMILAR ACT PROMULGATED UNDER ANY STATE LAW OR REGULATION, AND DOES NOT ACT AS AN "INVESTMENT ADVISER" AS DEFINED IN, AND REGULATED BY, THE ADVISER ACT, OR ANY SIMILAR ACT PROMULGATED UNDER ANY STATE LAW OR REGULATION.
13. Limitation on Liability. IN NO EVENT SHALL MMT 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 MMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MMT'S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SERVICES (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 MMT FOR THE SERVICES.
14. Release. You hereby release MMT, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any offline MMT event. If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
15. Indemnity. You agree to defend, indemnify, and hold MMT, its subsidiaries, affiliates, officers, agents, and other 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 Services in violation of this Agreement and/or arising from your breach of any provision of this Agreement (including any representation or warranty).
16. U.S. Export Controls. Software available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
17. Governing Law. This Agreement shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts located within the borough of Manhattan, New York for the purpose of litigating all such claims or disputes.
18. Other. This Agreement is accepted upon your use of the Website or any of the Services or by you registering to be a Member. This Agreement constitutes the entire agreement between you and MMT regarding the use of the Services. The terms "include" or "including" mean "including without limitation". The failure of MMT 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. Please contact us with any questions regarding this Agreement. "MakeMillionsTogether.com" is a trademark of Make Millions Together Inc. You may also receive a copy of this Agreement in (in ASCII text format or html format) by emailing us at: rnaftulin@cooley.com