Site Use Agreement

 

 

DISCLAIMER

 

MakeAList,Inc disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material contained on the Web site. MakeAList,Inc. disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect to the web site. MakeAList,Inc. disclaims any responsibility for any harm resulting from downloading or accessing any information or material on or thorough the web site.

 

MakeAList,Inc. does not warrant or represent the information on this page or to which you may link from this page is in compliance with governmental laws or regulations.

 

THIS AGREEMENT WAS LAST UPDATED ON, 8th of March 2012.

 

AGE RESTRICTIONS:

 

YOU MUST BE 13 YEARS OF AGE OR OLDER TO USE THIS WEB SITE. By continuing to use the Web Site, you hereby represent to MakeAList that you are 13 years of age or older. The age requirements differ from country to country. If you are under 20 years of age, you may need to obtain the permission of your parent(s) or legal guardian to use the Web Site. We strongly suggest that you check your local, state, province, country or regional legal restrictions that may be applicable to your use of the Web Site.

 

PLEASE READ THE ENTIRE AGREEMENT SET OUT IN THE PAGES BELOW BEFORE PROCEEDING.

 

This Agreement sets forth the terms and conditions that govern your access and use of the individual Web Sites and related Internet media properties owned or operated by MakeAList Inc. (hereinafter "MakeAList").

 

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. MakeAList MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

 

This Agreement includes MakeAList's Privacy Policy, Acceptable Use Policy and any specific terms on individual MakeAList Web sites owned and operated by MakeAList, each of which is incorporated into this Agreement in its entirety by reference, to which You are indicating Your agreement and acceptance to be bound by the provisions thereof, by way of your use of the Site.

 

1. Copyright, Licenses and Idea Submissions.

 

Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are MakeAList, its affiliates and subsidiaries or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

 

Subject to more specific terms on individual MakeAList Web sites, you may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials (certain areas require paid license fee prior to downloading any material). Any material printed or downloaded by you from this Site, including, without limitation, any text, files, images, software, and data accompanying the foregoing is licensed to you by MakeALists. Printing or downloading the material does not transfer title to the material, or any intellectual property rights therein, to you. You may not redistribute or sell the material.

 

Subject to more specific terms on individual MakeAList Web sites, you may post and submit certain information and content to the Site. You agree to grant to MakeAList a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to modify, adapt, transfer, sell, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, comment areas, forums and newsgroups) or by e-mail to MakeAList by all means and in any media now known or hereafter developed. You also grant to MakeAList the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against MakeAList for any alleged or actual infringement or misappropriation of any proprietary right in your communications to MakeAList.

 

If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please contact us immediately.

 

MakeAList may use the information it obtains as a result of your registration with the Site, including but not limited to your IP address, name, mailing address, and email address for its internal business and marketing purposes and may disclose the information to third parties for such purpose pursuant to MakeAList's  Policy

 

2. Trademarks.

 

MakeAList is the exclusive trademarks or service marks of MakeAList, Inc. including the "look" and "feel" of the Site, color combinations, layout, and all other graphical elements. Any use of MakeAList's trademarks is strictly prohibited without the express permission from MakeAList. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

 

3. Use of the Site.

 

You understand that, except for information, products or services clearly identified as being supplied by MakeAList, MakeAList does not operate, control or endorse any information, products or services on the Internet in any way. Except for MakeAList identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with MakeAList. You also understand that MakeAList cannot and does not guarantee or warrant that the Site and files available for downloading through the Site will be free of error, interruption, infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Your use of the Site and any information or service obtained at the Site is at your own risk.

 

MakeAList offers a search feature within the Site. MakeAList explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. MakeAList also disclaims any responsibility for the completeness or accuracy of any directory or search result.

 

In connection with your use of the Site, you agree you will not:

 

a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, otherwise objectionable that may invade another's right of privacy or publicity or is otherwise objectionable;

 

b) Impersonate any person or entity, including but not limited to, an MakeAList official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

 

d) Post or transmit any Material that contains a virus or corrupted data;

 

e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;

 

f) Use the Site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);

 

g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;

 

h) Violate any applicable local, state, national or international law;

 

i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

 

j) Delete or revise any Material posted by any other person or entity;

 

k) Manipulate or otherwise display the Site by using framing or similar navigational technology, or

 

l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any MakeAList product or service if you are not expressly authorized by such party to do so.

 

m)  provide access to the Site to unauthorized third parties;

 

n) publicly publish, copy (except for limited internal use), duplicate or replicate the Site;

 

o) scrape any data, content or intellectual property, or otherwise trespass or interfere with the Site; or

 

p) sublicense, distribute or transfer the Site or underlying data except as otherwise expressly permitted herein.

 

MakeAList reserves the right to remove any item from the site which it determines, in its sole discretion, violates any terms.

 

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MakeAList PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND MakeAList SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE OR ANY SUCH MERCHANDISE, INFORMATION, SERVICE OR TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. MAKEALIST HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

 

LIMITATION OF LIABILITY

 

IN NO EVENT WILL MAKEALIST BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE EVEN IF MakeAList OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, TRANSACTION AND/OR MATERIALS PROVIDED OR DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MakeAList'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO CASE SHALL THE AGGREGATE LIABILITY FOR THE COMPANY TO YOU FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SITE OR ANY SERVICE OR PRODUCT OBTAINED THROUGH THE SITE EXCEED $100.

 

4. Equipment.

 

You shall be solely responsible for obtaining and maintaining all hardware, equipment and services needed for access to and use of the Site and all charges related thereto.

 

5. Indemnification and Reservation of Rights.

 

You agree to indemnify, defend and hold harmless MakeAList, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.

 

MakeAList reserves the right to release current or past member or Site user information in accord with MakeAList’s Privacy Policy.

 

6. Third Party Rights.

 

The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of MakeAList and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

 

7.Term; Termination.

 

Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement. MakeAList reserves the right to terminate this Agreement without notice if, in MakeAList's sole discretion, you fail to comply with any of the terms of this Agreement. Upon termination, you must destroy all materials obtained from the Site, copies, and related documentation.

 

8. Special Terms for International Use.

 

Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Software or other goods from the Site is subject to United States export controls. No software or other goods from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software or other goods from the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

9. Dealings with Third Parties.

 

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that MakeAList shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

 

10. Links.

 

The Site may provide, or third parties may provide, links to non-MakeAList Internet Web sites or resources as a convenience to you ("Third-Party Sites"). Because MakeAList has no control over such sites and resources, you acknowledge and agree that MakeAList is not responsible for the availability of such Third-Party Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Links to Third-Party Sites are not endorsements by MakeAList of such Third-Party Sites. You further acknowledge and agree that MakeAList shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Site or resource.

 

11. Web Site Security Rules.

 

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "mailbombing" or "crashing", or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MakeAList will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

 

12. Miscellaneous.

 

This Agreement shall all be exclusively governed and construed in accordance with the laws of the State of Connecticut, United States applicable to agreements made and to be performed in the State of Connecticut, United States. You agree that any legal action or proceeding between MakeAList and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Fairfield, State of Connecticut, United States and you hereby expressly consent to the exclusive personal jurisdiction of these courts. This Agreement contains the entire understanding of the parties hereto relating to the use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement.

 

Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. MakeAList's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. MakeAList may assign its rights and duties under this Agreement to any party at any time without notice to you.

 

Any rights not expressly granted herein are reserved for MakeAList.

 

Some of the information on this Web site may contain projections or other forward-looking statements regarding future events or the future financial performance of MakeAList. We wish to caution you that these statements are only predictions and that the actual events or results may differ materially. MakeAList files documents from time to time with the Securities and Exchange Commission, specifically, our most recent prospectus. These documents contain and identify important factors that could cause the actual results to differ materially from those contained in our projections or forward-looking statements. They include, among others, potential fluctuations in quarterly results, retention and dependence on personnel; dependence on Internet advertising and a limited number of advertisers, rapid technological and market change, competition, risks associated with Internet infrastructure, volatility of stock price, limited protection of intellectual property, and future growth subject to risks.

 

The MakeAList network of websites (the "Websites") include a variety of features that allow feedback, interaction and the posting of content and material for display on the Websites, such as discussion forums, message boards, blogs, commenting features, photo and video uploading, sharing, tagging, social networking and public discussion features (collectively the "Posting Features"). Your access and/or use of any of the Posting Features hosted by MakeAList Inc. and its affiliate sites indicates your acceptance of the MakeAList Legal Notice, Privacy Policy and in this Acceptable Use Policy ("AUP"). The AUP can be modified at any time, and your continued use of the Posting Features indicates your acceptance of the modified terms that can be found at http://www.MakeAList.com/corporate/privacy/aup.html. Specific Websites may have additional terms of service, available at the respective sites, in addition to those found in this AUP. MakeAList advises you to review any and all such additional terms of service prior to use of any website.

 

By using these Forums, you agree to the following:

 

By posting messages, blog entries, comments, uploading files, inputting data, or engaging in any form of communication through this service (collectively "the Content"), you are granting MakeAList Inc., its successors and assignees, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, adapt, transmit, publicly perform or display any such Content on the site to which it was contributed (or successor site). In plain English, you allow us to continue to display your contributions on the Websites.

 

If you post any graphic images, photographs or videos, you warrant that you have all necessary rights to such Content and accept all liability for any model or property release issues that may arise from an individual or trademarked property in the Content. Please do not submit any images, photographs or videos for which you do not have a current, valid model or property release.

 

You will not post any Content that is knowingly false, misleading, or inaccurate.

 

You will not behave in an abusive and/or hateful manner, and will not harass, threaten, nor attack anyone.

 

You will not use profanity and will neither post with language or Content that is obscene, sexually oriented, sexually suggestive or otherwise objectionable, nor link to websites that contain such content.

 

You will respect other people's right to personal privacy and will not post any other person's identifying information (including their names, contact information, and any other relevant information).

 

You will not violate any laws nor to discuss illegal activities.

 

You will not to impersonate any person or entity, forge headers or otherwise manipulate identifiers in order to disguise the origin of any posting, nor collect or store personal data about other users

 

You will not post any copyrighted material, nor link to any copyrighted material (with the exception of publicly available sites and pages that the legal owners of the copyrights have created to make that material freely available to the general public), unless that copyright is owned by you or you otherwise have the rights to such Content.

 

You will not use these Posting Features for the purposes of sharing or distributing viruses, licenses, registration information, software keys, "cracks," or other information designed to do harm to or allow unlawful access to any computer hardware, software, networks, or any other systems.

 

You will not post advertisements, chain letters, pyramid schemes, or solicitations, all of which are inappropriate and prohibited. You will not, furthermore, collect personal information for the purpose of sending any advertisements, chain letters, pyramid schemes, or solicitations through other means (email, messaging programs, etc.).

 

You will not post messages that are clearly outside of the stated topic of any Posting Features nor disrupt Posting Features by deliberately posting repeated irrelevant messages or copies of identical messages (also known as "flooding").

 

You will, if asked by a representative of the Websites, cease posting any Content, and/or links to Content, deemed offensive, objectionable, or in poor taste by the staff of the Websites.

 

Except where expressly permitted, you do not have the right to use, copy, transmit, modify or repurpose any Content that does not belong to you which is on the Websites or made available through the Posting Features. At all times, you remain solely responsible for anything you post and agree to indemnify and hold MakeAList and its subsidiaries, affiliates, officers, directors, agents, sponsors, advertisers, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any material you submit, post to or transmit through the Posting Features, your use of the Posting Features, your connection to the Posting Features or Websites, your violation of the AUP, Legal Notice, or Privacy Policy, or your violation of the rights of another.

 

Please remember that the open and real-time nature of these Posting Features makes it is impossible for us to vouch for the validity of any content posted. As such, we are neither responsible for any content posted nor the consequences of following any advice offered within such content. The views expressed in any Posting Features belong solely to their respective authors and do not necessarily reflect the views of MakeAList, its affiliates, and/or sponsors. If you find any posts in any Posting Features to be offensive or objectionable, please contact us via email at the email address offered as a contact for the Posting Features in question. If we determine that removal of a post or posts is necessary, we will make reasonable efforts to do so in a timely manner.

 

These Websites do not and cannot review all of the Content of every message posted and do not accept responsibility for the contents of any messages. We reserve the right to delete any message and/or restrict posting rights in our Posting Features for any reason whatsoever. Should you continue to post messages that violate the rules of the Posting Features, your account may be terminated, your access to the Posting Features may be banned, and your service provider(s) may be contacted about your behavior. Furthermore, we expressly reserve our rights under the law to take any other actions we deem necessary.

 

We reserve the right to disclose personal information when required by law or in the good-faith belief that such action is necessary to conform to the edicts of the law or comply with a legal process served on MakeAList, protect and defend the rights or property of MakeAList network of sites, its visitors, users, advertisers, or sponsors, and to identify persons who may be violating the law, the Legal Notice, or the rights of third parties, and cooperate with the investigations of purported unlawful activities.

 

Copyright 2012 MakeAList Inc.

 

 

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