MeHype | Terms of Use
TermsofUse
MeHype Terms of Use
Welcome to MeHype. Your use of MeHype is subject to the terms of a legal agreement between you and MeHype, LLC (the "Company"). That agreement is comprised of these Terms of Service, the MeHype Privacy Policy, and any other agreement (the "Primary Agreement") entered into by you with Company. (The Terms of Service and Privacy Policy are collectively referred to as the "Terms." The Terms and Primary Agreements, if any, are referred to collectively as "the Agreement.")
1)Acceptance of Terms. In order to use MeHype, you must first agree to the Terms. You can accept the Terms by: (i) clicking to accept or agree to the Terms, where this option is made available to you; or (ii) by actually using MeHype. You may not use MeHype and may not accept the Terms if (a) you are not of legal age to form a binding contract with Company, or (b) you are a person barred from receiving MeHype under the laws of the United States or other countries including the country in which you are resident or from which you use MeHype. Before you continue, you should print off or save a local copy of these Terms for your records.
2)Changes to Terms. Company may change the Terms from time to time. When these changes are made, Company will post the revised Terms here. You understand and agree that if you use MeHype after the date on which the applicable Terms have changed, your use constitutes acceptance of the updated Terms. If a change to the Terms will materially impact your Primary Agreement, you will receive notice pursuant to the Primary Agreement.
3)Registration Requirements. To become a Publisher or Producer or otherwise post to MeHype.com, you must register. In order to register, you are required to provide your name, and contact information. If you are registering as a Publisher or Producer, you will also be required to provide additional background information pursuant to the MeHype approval requirements as listed on each respective page. You will also be required to create a member name and password. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by MeHype?s registration form (the ?Registration Data?) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Company may reject or terminate the use of any member name that Company deems inappropriate for any reason.
4)Account Requirements. You agree to use MeHype only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices in the relevant jurisdictions. You are responsible for maintaining the confidentiality of your member name and account, and are responsible for all activities that occur under your member name or account. If you discover or suspect any unauthorized use of your account, you agree to immediately notify Company. Company may terminate any account that is inactive for an extended period of time.
5)Disclosure of Account Information. You acknowledge and agree that Company may access, preserve and disclose your account information or any Content you submit, post, or otherwise make available through MeHype if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or safety of Company or anyone else.
6)Use and Storage. You acknowledge and agree that Company may establish general practices and limits concerning use of MeHype, including without limitation the maximum number of days that postings or other Content will be retained by MeHype, the maximum number and size of messages or postings that may be sent from or received by an account, the maximum disk space that will be allotted on servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access MeHype in a given period of time. You agree that Company has no responsibility or liability for the deletion or failure to store any messages and or other Content.
7)Prohibited Conduct. You agree not to use MeHype to:
a)Engage in any illegal conduct;
b)Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another?s privacy, hateful, or racially, ethnically or otherwise objectionable;
c)Harm minors in any way;
d)Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, during registration or otherwise;
e)Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content;
f)Upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under any contractual or fiduciary relationships ;
g)Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
h)Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
i)Engage in any activity that interferes with or disrupts MeHype or the servers and networks which are connected to MeHype, or disobey any requirements, procedures, policies or regulations of networks connected to MeHype.
8)Intellectual Property.
a)Copyright License. By submitting, posting, or displaying Content, you give Company and all participants in MeHype a non-exclusive license to use the Content in accord with these Terms and any Primary Agreements to which they are bound. MeHype is not responsible for any infringement committed by any participant.
b)Ownership. You understand that all content on MeHype (the "Content") is the sole responsibility of the person from whom the Content originated. All such Content may be protected by intellectual property rights which are owned by the provider of the Content (or by other persons or entities). You may not modify, rent, lease, loan, sell, distribute, copy, or create derivative works based on this Content (either in whole or in part) unless you have been given written permission by the owners of that Content. You acknowledge and agree that Company (or its licensors) owns all legal right, title and interest in and to MeHype and to the Content created by Company, including any intellectual property rights which subsist in MeHype (whether those rights happen to be registered or not, and wherever in the world those rights might exist.)
c)Proprietary Rights Notices. You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to, or contained within, MeHype.
d)Responsibility for Content. You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any Content that you create, transmit or display while using MeHype and for the consequences of your actions (including any loss or damage which Company may suffer) by doing so.
e)Trademarks. The trademarks, service marks, and trade names appearing on MeHype are the common law or registered trademarks of Company, its licensors, or others. No trademark, service mark, or trade name may be used without the express written permission of the owner.
f)Limited Trademark License from Advertiser. MeHype approved Producers and Publishers may use Advertiser trademark(s) associated with any Campaign solely for the purpose of creating and displaying advertisements for the Campaign.
g)Patent Pending. The MeHype business method is the subject of a pending United States patent.
9)Click Fraud; Intellectual Property Infringement. MeHype shall not permit participation by any party for whom MeHype has received credible, documentary evidence that the party has engaged in click fraud or infringement of a third party's copyright, trademark, or other intellectual property rights.
10)Monitoring. Company reserves the right, but has no obligation, to screen, filter, review, flag, modify, refuse, or remove any Content from MeHype for any reason and with or without notice.
11)Reporting Violations. If you see something on MeHype that you believe violates the Agreement, or is otherwise objectionable, please notify Company at terms@mehype.com.
12)Termination. The Terms will continue to apply until terminated by you or Company. If you want to terminate your legal agreement with Company, you may do so by (a) notifying Company at any time and (b) closing your accounts and (c) ceasing all use of MeHype. Your notice should be sent, in writing, to Company at terms&mehype.com. Company may terminate its legal agreement with you at any time, in its sole discretion, and with or without notice, including if (i) you have breached any provision of the Agreement; (ii) Company is required to do so by law; or (iii) MeHype is modified, eliminated, or no longer commercially viable.
13)Illegal Conduct. Company reserves the right, in its sole discretion, with or without notice, to investigate, and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving MeHype.
14)Contributions. By submitting ideas, suggestions, and/or proposals to Company related to the improvement, modification, or enhancement of MeHype (?Contributions?), you acknowledge and agree that:
a)Your Contributions do not contain confidential or proprietary information;
b)Company is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
c)Company shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
d)Company may have something similar to the Contributions already under consideration or in development;
e)Your Contributions automatically become the property of Company without any obligation of Company to you; and
f)You are not entitled to any compensation or reimbursement of any kind from Company under any circumstances.
15)Links.
a)Outgoing. MeHype may include hyperlinks to other web sites or content or resources, over which Company has no control. You acknowledge and agree that Company is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products or other materials on, or available from, such web sites or resources.
b)Incoming. You are free to establish a hypertext link to MeHype so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by us. You may not frame any part of MeHype without the prior written permission of Company.
16)Disputes with Third Parties. If there is a dispute between participants of this site, or between a participant and any third party , you understand and agree that we are not liable and are under no obligation to become involved. In the event that you have a dispute with one or more other participants or third parties, you release Company, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.
17)Digital Millennium Copyright Act. Company respects the intellectual property of others, and we ask our users to do the same. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
a)Notice. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us pursuant to the following policy. Notification of claims for copyright infringement must be in writing and delivered to Heather Bond Vargas, Esq., Cobb Cole P.A., 150 Magnolia Avenue, Daytona Beach, Florida 32114. Phone number (386) 255-8171. Facsimile number (386) 255-0093. E-mail address: heather.vargas@cobbcole.com.
b)All notices must contain:
i)A physical or electronic signature on behalf of the copyright owner or claimant;
ii)Specific identification of the work allegedly being infringed;
iii)Specific identification of the allegedly infringing work that the complainant would like removed, including the location of the material;
iv)Complainant?'s contact information, including name, address, telephone number, and e-mail address;
v)A statement that the complainant has a good faith belief that the use of the material is not authorized by the copyright owner or claimant; and
vi)A statement that the information in the notice is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner or claimant of the copyright.
c)You understand that MeHype may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Company and/or its content providers. You may not attempt to override or circumvent any of the usage rules. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any MeHype source code.
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19)Modification or Cessation of Services. You acknowledge and agree that the form and nature of the MeHype site may change from time to time without prior notice. You acknowledge and agree that Company may also stop, permanently or temporarily, providing any services (or any features) to you or to users generally at Company?s sole discretion, without prior notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of MeHype services. If a change to the Terms will materially impact your Primary Agreement, you will receive notice pursuant to the Primary Agreement.
20)Indemnity. You agree to indemnify and hold Company harmless from any claim or demand, including reasonable attorneys? fees and costs, made by any MeHype participant or third party due to or arising out of Content you create or make available through MeHype, your use of MeHype, your connection to MeHype, your violation of the Agreement, or your violation of any rights of another.
21)DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF MEHYPE IS AS AT YOUR SOLE RISK AND THAT MEHYPE IS PROVIDED ?AS IS? AND ?AS AVAILABLE.? IN PARTICULAR, COMPANY, ITS AFFILIATES, AND ITS LICENSORS, DO NOT REPRESENT OR WARRANT TO YOU THAT (a) YOUR USE OF MEHYPE WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF MEHYPE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF MEHYPE WILL BE ACCURATE OR RELIABLE; AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF MEHYPE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MEHYPE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM MEHYPE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
22)LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY:
a)DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOOD WILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
b)LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF (i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY MEHYPE PARTICIPANT; (ii) ANY CHANGE WHICH COMPANY MAY MAKE TO MEHYPE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF MEHYPE (OR ANY FEATURES WITHIN MEHYPE); (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF MEHYPE; OR (iv) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON COMPANY?S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
23)Acknowledgment. You acknowledge and agree that (1) you have read and understood the Agreement; (2) the Agreement is fair, reasonable, and not unduly restrictive; and (3) that you have had the opportunity to confer with legal and financial counsel of your choosing regarding the Agreement.
24)Survival. In the event of termination of this Agreement, the provisions regarding Disclosure of Account Information, Use and Storage, Intellectual Property, Contributions, Third Parties, Indemnity, Disclaimer of Warranties, Limitation of Liability, Acknowledgment, Survival, and General Provisions shall survive.
25)General Provisions.
a)Notices. Company may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on or through MeHype.
b)Entire Agreement. This Agreement comprises the entire understanding between the parties with respect to, and supersedes any prior understanding or agreement, oral or written, relating to, the subject matter hereof.
c)Attorneys' Fees. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including attorneys' fees, whether incurred during settlement, at trial, in arbitration, on appeal, or in any bankruptcy proceeding.
d)Severability. Any provision of this Agreement that is invalid or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without rendering invalid or unenforceable the remaining provisions of this Agreement or affecting the validity or enforceability of any of the provisions of this Agreement in any other jurisdiction. If any provision of this Agreement is so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable.
e)Waiver. Any waiver by MeHype of any breach of, or failure to comply with, any provision of this Agreement must be in writing and signed by MeHype in order to be valid. Such waiver shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or failure to comply with, any other provision of this Agreement.
f)Governing Law; Jurisdiction; Venue. This Agreement is being entered into in and shall be governed and construed in accordance with the laws of the State of Florida, without regard to conflicts of laws principles. The parties agree that in any action or proceeding arising out of the parties' relationship, such proceeding shall be brought exclusively in the courts of the State of Florida, County of Volusia or the federal court with subject matter jurisdiction and encompassing the County of Volusia, Florida. Either party may, as a matter of convenience, request the other to execute the Agreement some place other than the State of Florida. In exchange for such convenience, each party hereby knowingly and voluntary waives any defense it may have to jurisdiction and venue of any action brought on this Agreement, and irrevocably consents and submits to the jurisdiction of, and venue in, the aforementioned courts, and further waives any claim that a proceeding brought therein has been brought in an inconvenient forum. Each party acknowledges that such waiver is a condition precedent to this Agreement should this Agreement be executed outside of Florida. Process in any action or proceeding referred to in this subsection may be served on any party anywhere in the world and may be served by delivery of service of process by certified mail, return receipt requested, and the party receiving such service waives any and all objections to delivery of service of process in this manner, and shall indemnify the other party for any damages arising from any claims to the contrary.
g)Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, permitted assigns or legal representatives.
h)Force Majeure. MeHype shall not be deemed in breach of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed, restricted, or prevented by reason of any act of God, natural disaster, act of government, or any other act or condition beyond MeHype's reasonable control.
i)Joint Drafting. If an ambiguity or question of intent arises with respect to any provision of this Agreement, the Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of this Agreement
j)Non-Assignment. This Agreement may not be assigned by you. MeHype may assign all, or certain portions, of this Agreement at any time.
k)Taxes. You shall, in addition to the other amounts payable under this Agreement, pay all sales and other taxes, federal, state, or otherwise, however designated, which are levied or imposed by reason of the transactions contemplated by this Agreement.
l)Order of Precedence. In the event of a conflict between these Terms of Service and your Primary Agreement, the Primary Agreement shall govern.