20 Apr 06 - 4 Nov 13
MySpace Registration Form
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MYSPACE.COM TERMS OF SERVICE YOURZ.COM, INC. DBA MYSPACE ("MySpace") PROVIDES THE MYSPACE.COM SYSTEM TO YOU UNDER THE TERMS EXPRESSED IN THIS DOCUMENT NAMED MYSPACE.COM TERMS OF SERVICE. IF YOU REGISTER FOR THE SERVICES PROVIDED BY MYSPACE ("MYSPACE SERVICE"), YOU ARE AGREEING TO BE BOUND BY THESE TERMS. 1. MySpace Services. By registering with MySpace and agreeing to the terms of this Agreement, you are entitled to use the MySpace Services including file storage, special offers and promotions, and the MySpace Message Board. 2. Premium Services. MySpace will also provide you with certain premium services. For more information on these services or to sign up for these services, please go to http://www.myspace.com/PageFeatures.asp 3. Eligibility. You agree that by signing-up for any MySpace service you must provide accurate information about yourself. When signing-up for the free 300 megabyte service, you must elect to receive the promotional offers sent to you via email in order to keep the service free. You agree that to keep your free 300 megabyte account active you must also fill out one survey questionnaire provided by MySpace once per quarter. If this questionnaire is not filled out after two notices completely MySpace reserves the right to close your account with fourteen (14) days' notice. The questionnaire will be presented periodically when you access your free account. 4. Modifying Service. MySpace may from time to time change these terms of service. At the time of a change, you will be notified electronically. Continued use of the service after being notified of a change shall be considered acceptance of the changed terms of service. 5. Prohibited Acts. The MySpace Service may be accessed and used only for lawful purposes. You agree not to transmit, distribute, or store any information, data or other material in violation of any applicable law, regulation, ordinance or other rule imposed by any governmental authority. You represent and warrant that any materials that you upload, transmit or store to MySpace (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene; (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for MySpace, and (h) shall not link directly or indirectly to or include any information that are prohibited under this Agreement (collectively referred to as "Prohibited Act(s)"). If you engage in any Prohibited Act, you agree to indemnify MySpace as set forth in Section 10. 6. Notice of Prohibited Acts. MySpace is concerned about the copyright infringement, improper linking, and other Prohibited Acts that could take place on MySpace. If you suspect any Prohibited Acts taking place on MySpace, you may submit a notification ("Notice"), including a detailed list of the material in question, to MySpace at abuse@MySpace.com. You agree to be solely and completely responsible for all of your transmissions onto and off of MySpace.com, and the contents of those transmissions. If MySpace has reason to believe you are involved in Prohibited Acts regardless of whether MySpace has received Notice, MySpace reserves the right to take appropriate action, including without limitation immediately suspending or terminating your access to the MySpace and the MySpace Service. 7. Account Security and Accurate Information. You agree that you are the only person responsible for the security of your password and account and MySpace is not responsible to you or to others. You agree to notify MySpace in the event that your information changes, including but not limited to your email address so that MySpace may contact you. 8. WARRANTIES. MYSPACE IS PROVIDING THE SERVICE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO ANY MYSPACE SERVICE, ITS CONTENTS OR THE SERVICE. YOU ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATING IN THE MYSPACE SERVICE, INCLUDING, BUT NOT LIMITED TO THE RISK THAT YOUR DATA WILL BE LOST, DESTROYED, DELETED, NOT FORWARDED OR NOT RETRIEVED, OR THAT USE OF THE SERVICE WILL EXPOSE YOU TO DAMAGE TO FILES, HARDWARE OR SOFTWARE, CAUSED BY ANY THIRD PARTY SOFTWARE OR A COMPUTER VIRUS, WORM, TROJAN HORSE, OR OTHER OUTSIDE INTERFERENCE WITH FILES OR EQUIPMENT. IF IN YOUR JURISDICTION DISCLAIMERS OF WARRANTIES ARE NOT ALLOWED, THEN THIS EXCLUSION SHALL APPLY TO THE FULL EXTENT OF THE LAW AS SO ALLOWED. 9. CONSEQUENTIAL DAMAGES. MYSPACE SHALL NOT BE LIABLE TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF ANY CLAIM ARISING OUT OF OR RELATED TO THE MYSPACE SERVICE OR ITS CONTENTS. IN NO EVENT SHALL MYSPACE BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING, WHETHER FOR BREACH OR IN TORT OR OTHERWISE, EVEN IF MYSPACE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE MYSPACE IS NOT INVOLVED IN THE TRANSMISSION OR THE CONTENT OF SUCH TRANSMISSION, YOU RELEASE MYSPACE (AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "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." MYSPACE'S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO MYSPACE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. 10. Indemnification. Because you are responsible for your transmissions and your other actions via the MySpace Service and their consequences, you agree to indemnify and hold MySpace, its parents, subsidiaries, affiliates, officers and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party resulting from or arising out of any of your posting, storing or transmitting on the MySpace Service, your use of MySpace (or the MySpace service by persons using your password), your violation of this Agreement, or the infringement by you, or other users of your password, of any intellectual property or other right of any person or entity. 11. Third Party Information. MySpace may contain links to certain third parties' websites that are not related to MySpace, or that are not under MySpace's control, and MySpace does not assume any responsibility or liability for any communications or materials available at such linked websites. MySpace does not intend links on the websites to be referrals or endorsements of the linked entities; they are provided for convenience only. 12. Termination of Your Account. MySpace reserves the right to change or discontinue the MySpace Service at any time with or without cause by providing to you fourteen (14) days notice except in the case of a violation of Section 5 ("Prohibited Acts") or in case of a Notice provided under Section 6 ("Notice of Prohibited Acts") in which case MySpace shall have the right to immediately terminate your access and/or account. MySpace shall be in no way liable for any damage which result from our decisions regarding continuing, changing, or discontinuing this service, including if you do not provide MySpace with a current email address to provide notice to you. Further, MySpace shall not be liable for forwarding or retrieving documents. 13. Commercial Use. It is expressly prohibited for you to operate a business which includes the uploading or downloading of information using the MySpace System. You may apply for a license to do so by contacting MySpace at Info@MySpace.com. A violation of this provision will result in the suspension of your account. 14. Applicable Law and Forum. Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in San Francisco County, in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the MySpace site. 15. General Terms. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of MySpace to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MySpace in writing. The Terms comprises the entire agreement between you and MySpace and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
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