1. Your Acceptance
A. By using and/or visiting this website (collectively, including all Content available through the MODMYLIFE.com domain name, other Mod My Life Inc. properties, the "Mod My Life Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2) Mod My Life's privacy notice, found at http://www.modmylife.com/privacy.html and incorporated here by reference, and (3) Mod My Life's Community Guidelines, found at http://www.modmylife.com/guidelines.html and also incorporated here by reference. If you do not agree to any of these terms, the Mod My Life privacy notice, or the Guidelines, please do not use any Mod My Life Websites or applications.B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (http://www.modmylife.com/terms.html). Mod My Life may, at its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Mod My Life Website
A. These Terms of Service apply to all users of Mod My Life Websites and applications, including users who are also contributors of video content, information, and other materials or services on the Website. The Mod My Life Websites include all aspects of Mod My Life, including but not limited to Mod My Life channels and the Mod My Life "Embeddable Player."B. The Mod My Life Websites may contain links to third party websites that are not owned or controlled by Mod My Life. Mod My Life has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Mod My Life will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Mod My Life from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be cognizant of when you leave the Mod My Life Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Mod My Life Accounts
A. In order to access some features of the Website, you will have to create a Mod My Life account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Mod My Life immediately of any breach of security or unauthorized use of your account.B. Although Mod My Life will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Mod My Life or others due to such unauthorized use.
4. General Use of the Website--Permissions and Restrictions Mod My Life hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Mod My Life's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to Mod My Life's Embeddable Player or any of its related technologies.
C. You agree not to use the Website, including the Mod My Life Embeddable Player for any commercial use, without the prior written authorization of Mod My Life. Prohibited commercial uses include any of the following actions taken without Mod My Life's express approval:
* sale of access to the Website or its related services (such as the Embeddable Player) on another website; * use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue; * the sale of advertising, on the Mod My Life website or any third-party website, targeted to the content of specific User Submissions or Mod My Life content; * user submissions (defined below) that seek to explicitly or repeatedly advertise a third-party product or service, without the permission of Mod My Life; * the solicitation of users in chat or other areas of the site to buy third-party products or services, without the permission of Mod My Life; * and any use of the Website or its related services (such as the Embeddable player) that Mod My Life finds, in its sole discretion, to use Mod My Life's resources or User Submissions with the effect of competing with or displacing the market for Mod My Life, Mod My Life content, or its User Submissions. (For more information about prohibited commercial uses, see our FAQ.)
D. Prohibited commercial uses do not include:
* sponsored videos, channels or pages that Mod My Life authorizes. * any use that Mod My Life expressly authorizes in writing.
E. If you use the Mod My Life Embeddable Player on your website, you must include a prominent link back to the Mod My Life website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
5. Content Posted
1. Mod My Life may delete any Content that in the sole judgment of modmylife.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Mod My Life assumes no responsibility for monitoring the Mod My Life Services for inappropriate content or conduct. If at any time modmylife.com chooses, in its sole discretion, to monitor the Mod My Life Services, modmylife.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 Mod My Life Services, and any material or information that you transmit to other Members and for your interactions with other Users. modmylife.com does not endorse and has no control over the Content. Content is not necessarily reviewed by modmylife.com prior to posting and does not necessarily reflect the opinions or policies of modmylife.com. modmylife.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.
3. 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 Mod My Life Services, such as in the chat area or mod submission page. modmylife.com reserves the right to investigate and take appropriate legal action against anyone who, in modmylife.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Mod My Life Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Mod My Life:
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, URLs or email addresses;
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 copyrighted 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. endangers the well-being of participants on the Website;
The following is a partial list of the kind of activity that is illegal or prohibited on the Mod My Life Website and through your use of the Mod My Life Services. modmylife.com reserves the right to investigate and take appropriate legal action against anyone who, in modmylife.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
15. criminal or tortious 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;
16. advertising to, or solicitation of, any Member to buy or sell any products or services through the Mod My Life 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 Mod My Life Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, modmylife.com reserves the right to restrict the number of submissions which a Member may make in any 24-hour period to a number which modmylife.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk submissions, instant messages, or other unsolicited communications of any kind through the Mod My Life Services, you acknowledge that you will have caused substantial harm to modmylife.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay modmylife.com $50 for each such unsolicited email or other unsolicited communication you send through the Mod My Life Services;
17. any automated use of the system, such as using scripts to add friends or send comments or messages;
18. interfering with, disrupting, or creating an undue burden on the Mod My Life Services or the networks or services connected to the Mod My Life Services;
19. attempting to impersonate another Member or person;
20. 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;
21. selling or otherwise transferring your profile;
22. using any information obtained from the Mod My Life Services in order to harass, abuse, or harm another person;
23. using the Mod My Life Services in a manner inconsistent with any and all applicable laws and regulations.
G. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Mod My Life servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Mod My Life grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Mod My Life reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
H. You will otherwise comply with the terms and conditions of these Terms of Service, Mod My Life Community Guidelines, and all applicable local, national, and international laws and regulations.
I. Mod My Life reserves the right to discontinue any aspect of the Mod My Life Website at any time.
6. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Mod My Life Website.A. The content on the Mod My Life Website, except all User Submissions and Mod Videos (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Mod My Life, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Mod My Life reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely: * for your information and personal use; * as intended through the normal functionality of the Mod My Life Service; and * for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Mod My Life Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
C. User Comments and tags are made available to you for your information and personal use solely as intended through the normal functionality of the Mod My Life Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Mod My Life Service or otherwise as prohibited under this Agreement.
D. You may access Mod My Life Content, User Submissions and other content only as permitted under this Agreement. Mod My Life reserves all rights not expressly granted in and to the Mod My Life Content and the Mod My Life Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Mod My Life Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Mod My Life Website or the Content therein.
G. You understand that when using the Mod My Life Website, you will be exposed to Submissions and Audiovisual Content from a variety of sources, and that Mod My Life is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Mod My Life with respect thereto, and agree to indemnify and hold Mod My Life, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
7. Your User Submissions and Conduct
A. As a Mod My Life account holder you may submit mod suggestions, tags, and comments, which are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, Mod My Life does not guarantee any confidentiality with respect to any User Submissions.B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mod My Life to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Mod My Life, you hereby grant the Mod My Life video participants the right to perform and use your ideas in any and all ways. You also grant Mod My Life a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions and resulting content in connection with the Mod My Life Website and Mod My Life's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Mod My Life Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Mod My Life Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Mod My Life Service. You understand and agree, however, that Mod My Life may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit submissions that contain material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Mod My Life all of the license rights granted herein.
E. You agree that your conduct on the site will comport with the Mod My Life Guidelines, found at http://www.modmylife.com/guidelines.html, which may be updated from time to time.
F. Mod My Life does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Mod My Life expressly disclaims any and all liability in connection with User Submissions. Mod My Life does not permit copyright infringing activities and infringement of intellectual property rights and hate and discriminatory speech on its Website, and Mod My Life will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Mod My Life reserves the right to remove Content and User Submissions without prior notice.
8. Account Termination Policy
A. Mod My Life will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.B. Mod My Life reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Mod My Life may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
9. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):* A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; * Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; * Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; * A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and * A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Mod My Life's designated Copyright Agent to receive notifications of claimed infringement is: Heather Gillette, 1000 Cherry Ave., Second Floor, San Bruno, CA 94066, email: copyright@Mod My Life.com, fax: 650-872-8513. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Mod My Life customer service through http://www.google.com/support/Mod My Life. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
* Your physical or electronic signature; * Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; * A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and * Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Mod My Life may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Mod My Life's sole discretion.