Last Updated: February 28th, 2007
MyItThings.com is an online magazine and publishing application that allows its users to set up unique personal pages that can be linked through sections on the MyItthings.com website (the “Site”). The services offered by MyItThings.com ("MyItThings.com " or "we") include the Site and any other features, content, or applications made available to users (collectively, the " Services"). The Site is hosted in the U.S.
We may modify this Agreement from time to time and such modification shall be effective upon posting by MyItThings.com on the Site. You agree to be bound to any changes to this Agreement when you continue to use the Services after any such modification are 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 MyItThings.com and that you provide to other Users. Your MyItThings.com 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, as determined in MyItThings.com’s sole discretion. Despite this prohibition, MyItThings.com assumes no responsibility or liability for the materials posted by any of the Members. If you become aware of misuse of the MyItThings Services by any person, please contact MyItThings.
MyItThings.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the MyItThings Services at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility. Use of and Membership to the Services is void where prohibited. By using the Services in any manner, 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 16 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 and your Membership may be terminated without warning, if we believe that you are under 16 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's Account Settings page. MyItThings.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect to the extent that any of the provisions herein are intended to survive the termination of this Agreement (including sections 5-17).
3. Fees. You acknowledge that MyItThings.com reserves the right to charge for the Services and to change its fees from time to time in its discretion. If MyItThings.com terminates your Membership because you have breached the Agreement, you shall not be entitled to a refund of any portion of the unused subscription fees.
4. Password. When you sign up to become a Member, you will 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 MyItThings.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 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 MyItThings.com. Illegal and/or unauthorized use of the 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 Site 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 Services.
6.Proprietary Rights in Content on MyItThings.com.
7. Content Posted.
1. MyItThings.com does not claim any ownership rights in the text, files, images, photos, video, sounds, works of authorship, or any other materials (collectively, "Content") that you post to your section on the Site. 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 any portion of the Content on or through the Services, you hereby grant to MyItThings.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on the Site and through the Services.
Without this license, MyItThings.com would be unable to provide the Services. For example, without the right to modify Member Content, MyItThings.com would not be able to digitally compress digital files that Members submit or otherwise format Content to satisfy technical requirements. Without the right to publicly perform Member Content, MyItThings.com could not allow Users to view content posted by Members. The license you grant to MyItThings.com is global, non-exclusive (meaning you are free to license your Content to anyone else in addition to MyItThings.com), fully-paid and royalty-free. This license will terminate at the time you remove your Content from the Site and cease to use the Services. The license does not grant MyItThings.com the right to sell your Content, nor does the license grant MyItThings.com the right to distribute your Content outside of the Site.
2.You represent and warrant that: (i) you own the Content posted by you on or through the 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 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 Services.
3.The MyItThings Services contain content made available by to its Members by\ MyItThings ("MyItThings.com Content"). Please be advised that all MyItThings.com Content is protected by copyright, trademark, patent, trade secret and other laws, and MyItThings.com owns and retains all rights in and to the MyItThings.com Content and Services. MyItThings.com hereby grants you a revocable, non-transferable limited right and license to reproduce and display the MyItThings.com Content (excluding any software code) solely for your personal use in connection with your use of the Services.
4. The Site is likely to contain Content of Members, other MyItThings.com licensors and MyItThings.com Content. Except for Content posted by you or as is otherwise permitted with respect to the MyItThings.com Content, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the MyItThings Services.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Services. MyItThings.com reserves the right to investigate and take appropriate legal action against anyone who, in MyItThings.com's sole discretion, violates this Agreement, including without limitation, removing the offending communication from the Site and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of MyItThings.com:
1. MyItThings.com may delete any Content that in the sole judgment of MyItThings.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. MyItThings.com assumes no responsibility for monitoring the Services for inappropriate Content, conduct or use. If at any time MyItThings.com chooses, in its sole discretion, to monitor the MyItThings Services, MyItThings.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the Services, and any material or information that you transmit to other Members. MyItThings.com does not endorse and has no control over the Content. Content is not necessarily reviewed by MyItThings.com prior to posting and does not necessarily reflect the opinions or policies of MyItThings.com. MyItThings.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
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 MyItThings.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to MyItThings.com 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 MyItThings 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 Site; (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 by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. MyItThings.com's Copyright Agent for notice of claims of copyright infringement can be reached as follows: email@example.com.
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3.exploits people in a sexual or violent manner;
4.contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names or email addresses of any User or Member of MyItThings.com;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's protected 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;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. 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;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Services. MyItThings.com reserves the right to investigate and take appropriate legal action against anyone who, in MyItThings.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
16. criminal or torturous 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;
17.advertising to, or solicitation of, any Member to buy or sell any products or services through the 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 Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
18. attempting to impersonate another Member or person;
19. 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;
20. selling or otherwise transferring your profile;
21. using any information obtained from the Services in order to harass, abuse, or harm another person;
22. 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 Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose;
23. using the Services in a manner inconsistent with any and all applicable laws and regulations.
10. Member Disputes. You are solely responsible for your interactions with other MyItThings.com Members. MyItThings.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
12. Disclaimers. MyItThings.com is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with any of the Services. Profiles created and posted by Members on the Site may contain links to other websites. MyItThings.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 MyItThings.com. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by MyItThings.com. When you access these third-party sites, you do so at your own risk. MyItThings.com takes no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. MyItThings.com is not responsible for the conduct, whether online or offline, of any User or Member of the Services. MyItThings.com 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 or Member communication. MyItThings.com is not responsible for any problems or technical malfunctions of the Services or 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 or otherwise, including any injury or damage to Users, 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 MyItThings.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a MyItThings.com event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided "AS-IS" and as available and MyItThings.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MyItThings.com cannot guarantee and does not promise any specific results from use of the Services.
13. Limitation on Liability. IN NO EVENT SHALL MYITTHINGS.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 MYITTHINGS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYITTHINGS.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 MYITTHINGS.COM FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
14. 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. Downloading or using the Software is at your sole risk.
15. Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of New York, 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 New York. Either MyItThings.com or you may demand that any dispute between MyItThings.com and you about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in NY, USA, provided that the foregoing shall not prevent MyItThings.com from seeking injunctive relief in a court of competent jurisdiction.
16.Indemnity. You agree to indemnify and hold MyItThings.com, 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 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 Site or through the Services causes MyItThings.com to be liable to another.
17.Other. This Agreement is accepted upon your use of the Site or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and MyItThings.com regarding the use of the Services. The failure of MyItThings.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. MyItThings.com is a trademark of MyItThings, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact MyItThings with any questions regarding this Agreement.