MyCompany.com Terms of Use Agreement
June 15, 2006
MyCompany.com is a ninternet trading platform service that allows Members to upload business profiles, product descrpitions and prices online in order to find and communicate with customers and trading partners. The services offered by MyCompany.com ("MyCompany.com" or "we") include the MyCompany.com website (the "MyCompany Website"), the MyCompany.com Internet messaging service, and any other features, content, or applications offered from time to time by MyCompany.com in connection with the MyCompany Website (collectively, the "MyCompany Services"). The MyCompany Services are hosted in the U.K.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MyCompany Services. By using the MyCompany Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MyCompany Website) or you are a "Member" (which means that you have registered with MyCompany.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the MyCompany Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the MyCompany Website and discontinue use of the MyCompany Services immediately. If you wish to become a Member, communicate with other Members and make use of the MyCompany Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes MyCompany.com's policy for acceptable use of the MyCompany Services and Content posted on the MyCompany Website, your rights, obligations and restrictions regarding your use of the MyCompany Services and MyCompany.com's Privacy Policy. In order to participate in certain MyCompany Services, you may be notified that you are 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 MyCompany Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: terms@MyCompany.com, Subject: Terms of Use Agreement.
MyCompany.com may modify this Agreement from time to time and such modification shall be effective upon posting by MyCompany.com on the MyCompany Website. You agree to be bound to any changes to this Agreement when you use the MyCompany 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 MyCompany.com and that you provide to other Users. Your MyCompany.com profile may not include the following items: any photographs containing nudity, or obscene, lewd, violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other MyCompany.com Members (for instance, in their Profile) may contain inaccurate, inappropriate material, products or services, and MyCompany.com assumes no responsibility or liability for this material. If you become aware of misuse of the MyCompany Services by any person, please contact MyCompany.
MyCompany.com reserves the right, in its sole discretion, to reject, refuse to post or remove any information uploaded by you, or to restrict, suspend, or terminate your access to all or any part of the MyCompany Services at any time, for any or no reason, with or without prior notice, and without liability.
- Eligibility. By using the MyCompany 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 16 years of age or older; and (d) your use of the MyCompany Services does not violate any applicable law or regulation..
- Term. This Agreement shall remain in full force and effect while you use the MyCompany 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. MyCompany.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
- Fees. You acknowledge that MyCompany.com reserves the right to charge for the MyCompany Services and to change its fees from time to time in its discretion. Any charges will be evident in the process of registration or use of the site and changes will be notified in advance. If MyCompany.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
- 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 MyCompany.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.
- Proprietary Rights in Content on MyCompany.com.
- MyCompany.com does not claim any ownership rights in the text, files, images, photos, or any other materials (collectively, "Content") that you post to the MyCompany Services. After posting your Content to the MyCompany Services, 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 MyCompany Services, you hereby grant to MyCompany.com a limited license to use, modify, publicly display, reproduce, and distribute such Content solely on and through the MyCompany Services.
- You represent and warrant that: (i) you own the Content posted by you on or through the MyCompany 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 MyCompany 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 MyCompany Services.
- The MyCompany Services contain Content of MyCompany.com ("MyCompany.com Content"). MyCompany.com Content is protected by copyright, trademark, patent, trade secret and other laws, and MyCompany.com owns and retains all rights in the MyCompany.com Content and the MyCompany Services..
- The MyCompany Services contain Content of Users and other MyCompany.com licensors. 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 MyCompany Services.
- Content Posted.
- MyCompany.com may delete any Content that in the sole judgment of MyCompany.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.
- You are solely responsible for the Content that you post on or through any of the MyCompany Services, and any material or information that you transmit to other Members and for your interactions with other Users.
- Member Disputes. You are solely responsible for your interactions with other MyCompany.com Members. MyCompany.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Privacy. Use of the MyCompany Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
- Disclaimers. MyCompany.com is not responsible for any incorrect or inaccurate Content posted on the MyCompany Website or in connection with the MyCompany Services, whether caused by Users of the MyCompany Services or by any of the equipment or programming associated with or utilized in the MyCompany Services. Profiles created and posted by Members on the MyCompany Website may contain links to other websites. MyCompany.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 MyCompany.com. Inclusion of any linked website on the MyCompany Services does not imply approval or endorsement of the linked website by MyCompany.com. When you access these third-party sites, you do so at your own risk. MyCompany.com takes no responsibility for third party advertisements which are posted on this MyCompany Website or through the MyCompany Services, nor does it take any responsibility for the goods or services provided by its advertisers. MyCompany.com is not responsible for the conduct, whether online or offline, of any User of the MyCompany Services. MyCompany.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. MyCompany.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 or on any of the MyCompany Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the MyCompany Services. Under no circumstances shall MyCompany.com be responsible for any loss or damage, including personal injury or death, resulting from use of the MyCompany Services, attendance at a MyCompany.com event, from any Content posted on or through the MyCompany Services, or from the conduct of any Users of the MyCompany Services, whether online or offline. The MyCompany Services are provided "AS-IS" and as available and MyCompany.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. MyCompany.com cannot guarantee and does not promise any specific results from use of the MyCompany Services.
- Limitation on Liability. IN NO EVENT SHALL MYCOMPANY.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 MYCOMPANY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYCOMPANY.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 MYCOMPANY.COM FOR THE MYCOMPANY SERVICES DURING THE TERM OF MEMBERSHIP.
- Disputes. If there is any dispute about or involving the MyCompany Services, you agree that the dispute shall be governed by the laws of the UK.
- Indemnity. You agree to indemnify and hold MyCompany.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 MyCompany 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 MyCompany Website or through the MyCompany Services causes MyCompany.com to be liable to another.
- Other. This Agreement is accepted upon your use of the MyCompany Website or any of the MyCompany Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and MyCompany.com regarding the use of the MyCompany Services. The failure of MyCompany.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. MyCompany.com is a trademark of MyCompany, 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 MyCompany with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.