Superdrewby.com member agreement
Please read this agreement carefully before using Superdrewby.com's chat or other services. By using any of these services, you agree to be bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, you will not have any right to use the services.
Superdrewby.com's acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms; if these terms and conditions are considered an offer by Superdrewby.com, acceptance is expressly limited to these terms.
The Web site available at www.Superdrewby.com ("Site") is owned and operated by Drew , firstname.lastname@example.org, ("Superdrewby.com") and is accessed by you ("Member") under the following terms and conditions:
1. Access to the services
1.1 Subject to the terms and conditions of this agreement, Superdrewby.com will use reasonable efforts to provide the services selected by Member through the registration process ("Services"), solely for Member's own use, and not for the use or benefit of any third party. Superdrewby.com may change, suspend or discontinue the Services at any time, including the availability of any feature, database or content. Superdrewby.com also may impose limits on certain features and services or restrict Member's access to parts or all of the Services without notice or liability. Superdrewby.com reserves the right, at its discretion, to modify this Member Agreement at any time by posting a notice on the Site, or by sending Member a notice via e-mail or postal mail. Member shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Member following such notification constitutes Member's acceptance of the terms and conditions of this Member Agreement as modified.
1.2 Member certifies to Superdrewby.com that Member is an individual (i.e., not a corporation). Members are required to enter their date of birth in order to be directed to the proper area of the service. Members are prohibited from uploading, viewing, or transferring materials that contain nudity or considered adult in nature, as defined in this Member Agreement. All Members represent that the date of birth provided to Superdrewby.com is true and correct at registration. Any perjurious information provided by any Member will result the immediate termination of their account(s) and/or permanent barring of future membership.
1.3 Member shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software and long distance or local telephone service. Member shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
2. Site content
2.1 The Site and its contents are intended for the personal, noncommercial use of Superdrewby.com users. All materials displayed or performed on the Site (including, but not limited to, text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by Superdrewby.com or its third party content providers. Member shall abide by all copyright notices, information and restrictions contained in any Content accessed through the Services.
2.2 The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Member may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Member Agreement), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials or Services in whole or in part.
2.3 Member may download or copy the Content, and other items displayed on the Site for download, for personal use only, provided that Member maintains all copyright and other notices contained in such Content. Member shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Superdrewby.com, or from the copyright holder identified in such Content's copyright notice.
3. Chat, message boards, e-mail, homepages and profiles 3.1 Member shall not upload to, display on, or distribute or otherwise publish through, the Site any Content which is libelous, defamatory, obscene, pornographic, abusive, nor contains nudity or "adult content" or otherwise violates any law.
3.2 Chat, message boards, e-mail, homepages and profiles shall be used only in a noncommercial manner. Member shall not, without Superdrewby.com's prior written consent, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. Member may not use Member's profile through the Services for commercial purposes (including, but not limited to, offering for sale any products or services, soliciting advertisers or sponsors, promoting or soliciting participation in multi-level marketing or pyramid schemes, or conducting raffles or contests that require any type of entry fee).
3.3 Member hereby grants Superdrewby.com a perpetual, royalty free, worldwide, sublicensable, non-exclusive, irrevocable license to use, reproduce, perform, display, electronically transmit and create derivative works based on, any Content Member uploads or posts on the Site, and Member hereby warrants to Superdrewby.com that Member has full power and authority to grant such a license. To the extent allowed by law, this Section includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights," "artist's rights," "droit moral" or the like (collectively "Moral Rights"). To the extent Member retains any such Moral Rights under applicable law, Member hereby ratifies and consents to, and provides all necessary ratifications and consents to, any action that may be taken with respect to such Moral Rights by Superdrewby.com; Member agrees not to assert any Moral Rights with respect thereto.
4. Restrictions on use of the services
4.1 Member is responsible for all usage or activity on Member's Superdrewby.com account (the "Account"), including use of the Account by any third party authorized by Member to use the Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of the Account, at Superdrewby.com's sole discretion, and Member may be referred to appropriate law enforcement agencies. Member may not use or allow others to use the Account either directly or indirectly to post, transmit or promote any unlawful, harmful, threatening, abusive, harassing, defamatory, hateful, racially, ethnically or otherwise objectionable Content; harass, threaten, embarrass or cause distress, unwanted attention or discomfort upon another Site user or other person or entity. Member may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any Superdrewby.com user.
4.2 Use of the Account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Member will abide by all the rules, regulations and policies of those networks and computer systems accessed via the Account. If the Member is unsure of those policies, it is the Member's responsibility to ascertain said policies.
4.3 Member shall be civil and show respect for others. Member shall not interfere with another's enjoyment of the Services. Member may not target another to cause distress, embarrassment, unwanted attention or other discomfort. Member may disagree with someone's point of viewóSuperdrewby.com encourages lively discussion in the Site's chat rooms and message boardsóbut personal attacks are not allowed. Member may not attack a person based on the person's race national origin, ethnicity, religion, gender, sexual orientation, disability or other identification.
5. Warranty disclaimer
5.1 Superdrewby.com has no special relationship with or fiduciary duty to any of the Site's users and makes no commitment to screen, edit, monitor, or censor any content transmitted or received via the Site or stored on any computer equipment attached to Superdrewby.com's Network over the Internet. Member acknowledges that Superdrewby.com has no control over, and no duty to take any action regarding, which users gains access to the Site; what information Member accesses via the Site; what effects the Content may have on Member; how Member may interpret or use the Content; or what actions Member may take as a result of having been exposed to the Content. Member releases Superdrewby.com from all liability for Member having acquired or not acquired information through the Site or for the use by third parties of any personal information that Member may choose to disclose on the Site. Superdrewby.com encourages Member to exercise discretion while browsing the Internet. The Site may contain, or direct Member to sites containing, information that some people may find offensive or inappropriate. Superdrewby.com makes no representations concerning any content contained in or accessed through the Site, and Superdrewby.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. The Services, Content, Site and any software are provided on an "AS IS" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. SOME STATES DO NOT ALLOW liMITATIONS ON HOW LONG AN IMPliED WARRANTY LASTS, SO THE ABOVE liMITATIONS MAY NOT APPLY TO MEMBER.
6. Registration and security
6.1 As part of the registration process, Member will select a password and Member name for the Account ("Superdrewby.com User ID"). Member shall provide Superdrewby.com with accurate, complete and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Member's account. Member may not (i) select or use as a Superdrewby.com User ID a name of another person with the intent to impersonate that person; or (ii) use as a Superdrewby.com User ID a name subject to any rights of a person other than Member without appropriate authorization. Superdrewby.com reserves the right to refuse registration of, or cancel a Superdrewby.com User ID at its discretion.
6.2 Member shall be responsible for maintaining the security of the Account, password, files and for all uses of the Account, with or without Member's knowledge or consent. Superdrewby.com is not liable for any loss that Member might suffer through another's use of the Account. Member shall notify Superdrewby.com via e-mail at accounts@Superdrewby.com, any known or suspected unauthorized use(s) of the Account, or any known or suspected breach of security on the Site, including loss, theft or unauthorized disclosure of Member's Superdrewby.com password or credit card information. Member shall be responsible for maintaining the confidentiality of Member's Superdrewby.com password. Member's Superdrewby.com password will be encrypted for security.
Member will indemnify and hold Superdrewby.com, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of Member's access to the Site, use of the Services, the violation of this Agreement by Member, or the infringement by Member, or any third party using the Account, of any intellectual property or other right of any person or entity, and (ii) all consequences, including personal harm, of Member having been exposed to or not exposed to information through the Site.
8. Limitation of liability
In no event shall Superdrewby.com be liable with respect to the site (i) for any amount in the aggregate in excess of the fees paid by member therefor; or (ii) for any indirect, incidental, punitive or consequential damages of any kind whatsoever. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to member.
9. Communications between Superdrewby.com and member
From time to time, Superdrewby.com may (and has the right to) send to Member's Superdrewby.com e-mail account (or to an alternate e-mail account that Member designates), information about changes or additions to the Services, or about any Superdrewby.com related products or services.
Either party may terminate the Services at any time by notifying the other party by any means. Superdrewby.com also may terminate or suspend any and all Services immediately, without prior notice or liability, if Member breaches any of the terms or conditions of this Agreement. Upon termination of the Account, Member's right to use the Services and any Content immediately will cease. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and Section 8.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Superdrewby.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Superdrewby.com's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Member except with Superdrewby.com's prior written consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the California state and U.S. federal courts having within their jurisdiction the location of Superdrewby.com's principle place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture or employment is created as a result of this Agreement and Member does not have any authority of any kind to bind Superdrewby.com in any respect whatsoever. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is confirmed electronically, if transmitted by facsimile or e-mail or upon receipt.
12. Age of member
A member or Superdrewby.com must be over 13 years of age or have the permission of their guardian's or parents to join.