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Terms of Use
TERMS OF USE FOR MeonYou® SERVICES
THIS AGREEMENT WAS LAST UPDATED ON FEBRUARY 13, 2006
When you sign up for any service within the MeonYou®
community you agree to all of the terms and conditions of this Agreement.
Please read the following terms
and conditions carefully, as they form the agreement between us. If you do
not agree to these terms and conditions, you may not use the service and
should not proceed to register. By using the Service after FEBRUARY 13,
2006 you are agreeing to be bound by this Agreement, including all
amendments made to date.
User Agreement
This Agreement constitutes your agreement with New Edge
Media Inc. ("MeonYou") with respect to
your use of the Service. You must agree to abide by all of the terms and
conditions contained in this Agreement in order to become or remain an
authorized user of the Service. As used in this Agreement, "we"
and "us" means MeonYou
or any successor or assign of MeonYou.
Right to Use
Your right to use the Service is subject to any
limitations, conditions and restrictions established by us from time to
time, in our sole discretion. We may alter, suspend or discontinue any
aspect of the Service at any time, including the availability of any
Service feature, database or content. We may also impose limits on certain
features and aspects of the Service or restrict your access to parts or all
of the Service without notice or liability.
Adult
You represent, warrant and covenant that you are at
least 18 years old.
Code of Conduct
You agree to use the Service in accordance with the
following Code of Conduct:
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a.
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you will keep all information provided to you through
the Service as private and confidential and will not give such
information to anyone without the permission of the person who provided
it to you;
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b.
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you will not use the Service to engage in any form of
harassment or offensive behavior, including but not limited to the
posting of communications, pictures, videos or audio recordings which
contain libelous, slanderous, abusive or defamatory statements, or
racist, pornographic, obscene, or offensive language or images;
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c.
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you will not forward chain letters through the
Service;
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d.
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you will not use the Service to infringe the privacy
rights, property rights, or any other rights of any person;
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e.
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you will not post or otherwise distribute messages,
pictures or recordings or use the Service in any way which
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i.
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violates, plagiarizes or infringes upon the rights
of any third party, including but not limited to any copyright or
trade-mark law, privacy or other personal or proprietary rights,
including other intellectual property rights; or
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ii.
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is fraudulent, misleading or otherwise unlawful or
violates any law;
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f.
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you will not use the Service
to distribute, promote or otherwise publish any material containing any
solicitation for funds, advertising or solicitation for goods or
services.
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g.
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you will not use the Service to distribute or up load
any virus, trojan horses or do anything else
that might cause harm to the Service, MeonYou
systems or to other members' systems in any way; and
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h.
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you will not post or transmit in any manner any
contact information including, but not limited to, email addresses,
"instant messenger" nicknames, telephone numbers, postal
addresses, URLs, or full names through your publicly posted information.
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Advertising
Unless you indicate on your "E-Mail Settings" page that you do
not want to participate in such programs, you agree to grant MeonYou a license for the right to use your images*,
text* or recordings* on our partners' sites or in the
marketing of the Service.
* Excludes any pictures, text, or recordings
assigned to your backstage. Excludes your personal information, such as
your email address or full name.
Membership Categories
Users of the Service may become "Free Members"
or "Full Members" of the Service. Free members are allowed access
to a minimal level of the Service's features and are not charged by us for
the use of the features they can access.
Full Members are provided with access to
additional features of the Service that are not available to Free Members.
Full Members are not charged by us for the features that are free to Free
Members. Certain additional features of the Service made available to Full
Members are also free of charge. Certain other features of the Service are
"paid features", for which a Full Member is charged.
Membership Fees
There is no fee to join for a "Free Membership". If you choose
to access additional features and become a "Gold Member" you will
be charged a monthly fee. The membership fee is charged on a
reoccurring basis and you shall not be required to manually renew your
membership each month. All trial memberships will automatically convert into
standard month-to-month memberships unless canceled before the trial ends.
Privacy and Use of Information
You acknowledge
that (a) we cannot ensure the security or privacy of information you
provide through the Internet and your email messages, and you release us
from any and all liability in connection with the use of such information
by other parties; (b) we are not responsible for, and cannot control, the
use by others of any information which you post on the Service or provide
to them and you should use caution in selecting the personal information
you post or provide to others through the Service; and (c) we cannot assume
any responsibility for the content of messages sent by other users of the
Service, and you release us from any and all liability in connection with
the contents of any communications you may receive from other users. As
part of the Service, we may from time to time, email to you publicly
available information about other users of the Service whom we believe may
meet your pre-selected search criteria. We cannot guarantee, and assume no
responsibility for verifying, the accuracy of the information provided by
other users of the Service, this includes information which we may provide
directly to you but which has been posted or provided to us by other users
of the Service.
You may not use the Service for any unlawful purpose. We
may refuse to grant you an ID or nickname that impersonates someone else,
is protected by trade-mark or proprietary law, or is vulgar or otherwise
offensive, as determined by us in our sole discretion.
You confirm that you will have obtained full right, title,
interest and permissions in and to any messages, pictures or recordings
prior to your posting to or otherwise distributing them through the Service
Monitoring of Information
We reserve the right to monitor all advertisements,
public postings, messages, video and audio recordings to ensure that they
conform to the content guidelines which may be applicable from time to
time.
Removal of Information
While we do not and cannot review every message or other
material posted or sent by users of the Service, and are not responsible
for any content of these messages or materials, we reserve the right, but
are not obligated, to delete, move, or edit messages or materials,
including without limitation profiles, public postings, messages, video and
audio recordings that we, in our sole discretion, deem to violate the Code
of Conduct set out above or any applicable content guidelines, or to be
otherwise unacceptable. You shall remain solely responsible for the content
of profiles, public postings, messages, video and audio recordings and
other materials you may upload to the Service or users of the Service.
Termination of Access to Service
We may, in our sole discretion, terminate or suspend
your access to all or part of the Service at any time, with or without notice,
for any reason, including, without limitation, breach of this Agreement.
Without limiting the generality of the foregoing, any fraudulent, abusive,
or otherwise illegal activity, or that may otherwise affect the enjoyment
of the Service or the Internet by others may be grounds for termination of
your access to all or part of the Service at our sole discretion, and you
may be referred to appropriate law enforcement agencies.
Proprietary Information
The Service contains information which is proprietary to
us our partners, and our users. We assert full copyright protection in the
Service. Information posted by us, our partners or users of the Service may
be protected whether or not it is identified as proprietary to us or to
them. You agree not to modify, copy or distribute any such information in
any manner whatsoever without having first received the express permission
of the owner of such information.
No Responsibility
You acknowledge that we are not responsible for
suspension of the Service, regardless of the cause of the interruption or
suspension. Any claim against us shall be limited to the amount you paid,
if any, for use of the Service during the previous 12 months. We may
discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.
Security
Your account is private and should not be used by anyone
else. You are responsible for all usage or activity on the Service by users
using your password, including but not limited to use of your password by
any third party.
External Links
The Service may from time to time contain links to other
Internet sites and resources ("External Links"). You acknowledge
that we are not responsible for, and have no liability as a result of, the
availability of External Links or their contents. We suggest that you
review the terms of use and privacy statement of such External Links prior
to use of them.
Indemnity
You agree to indemnify us, our officers, directors,
employees and agents, from any loss or damages, including without
limitation reasonable legal fees, which we may suffer from your activities
on or use of the Service, including without limitation any breach by you of
this Agreement, including but not limited to the Code of Conduct or any
charges or complaints made by other parties against you. You shall
cooperate as fully as reasonably required in the defense of any claim. We
reserve the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you; provided, however, that you
shall remain liable for any such claim.
No Warranties
The Service is distributed on an "as is"
basis. We do not warrant that this Service will be uninterrupted or
error-free. There may be delays, omissions, and interruptions in the availability
of the Service. Where permitted by law, you acknowledge that the Service is
provided without any warranties of any kind whatsoever either express or
implied, including but not limited to the implied warranties of
merchantability and fitness for a particular purpose. You acknowledge that
use of the Service is at your own risk. We do not represent or endorse the
accuracy or reliability of any member profile (including any member profile
which we may present to you as a potential match to your pre-selected
search criteria), advice, opinion, statement or other information
displayed, uploaded or distributed through the Service by MeonYou, our partners or any user of the Service or any
other person or entity. You acknowledge that any reliance upon any such
opinion, member profile, advice, statement or information shall be at your
sole risk.
We do not represent or endorse the accuracy or
reliability of any member profile, advice, opinion, statement or other
information displayed, uploaded or distributed through the Service by MeonYou or any user of the Service or any other
service. Your continued use of the Service now, or following the posting of
notice of any changes in this Agreement, will constitute a binding
acceptance by you of this Agreement, or any subsequent modifications.
Advice Columnists
The Service may from time to time include messages from
advice columnists who respond to "relationship" questions. Any
statements made by advice columnists are provided for entertainment
purposes only, and are not intended, and should not be taken, as specific
advice in any particular circumstance. Such statements do not constitute counseling
of any kind. Users with personal problems or who may be seeking personal
advice applicable to their personal situation are urged to consult with a
qualified counselor with respect to such issues.
Modifications
We may modify this Agreement from time to time.
Notification of changes in this Agreement will be posted on the Service or
sent via electronic mail, as we may determine in our sole discretion. If
you do not agree to any modifications, you should terminate your use of the
Service. Your continued use of the Service now, or following the posting of
notice of any changes in this Agreement, will constitute a binding acceptance
by you of this Agreement, or any subsequent modifications.
Disclosure and Other Communication
We reserve the right to send electronic mail to you, for
the purpose of informing you of changes or additions to the Service, or of any MeonYou
related products and services. We reserve the right to disclose information
about your usage of the Service and demographics in forms that do not
reveal your personal identity.
Governing Law
This Agreement, and any dispute arising from
your viewing this site, will be governed and determined by the laws of California excluding
any laws that direct the application of another jurisdiction’s law. Any
dispute that arises under or relates to this Agreement (whether contract,
tort, or both) will be resolved in the relevant court having jurisdiction
in Sacramento, California, and the parties expressly waive any right they may
otherwise have to cause any such action or proceeding to be brought or
tried elsewhere.
Assignment
You do not have the right to assign this Agreement or
any of your rights to the Service to anyone. MeonYou
has the right to assign any or all of its rights and duties under this
Agreement or to the Service to any third party. At the election of MeonYou, if MeonYou's
obligations hereunder are assumed by a third party, MeonYou
shall be relieved of any and all liability under this Agreement.
Customer Support
If you would like to cancel your subscription or have any billing questions or issues please contact our authorized merchant:
Hours: 24 hours a day, 7 days a week, 365 days a year.
Phone: 1-888-596-9279
Email: consumersupport@ccbill.com
Fax: 480-449-8820
Click here to visit CCBill's Billing Support website.
If you have other billing questions please use our customer support form and a customer service rep will respond your inquiry within 24 hours.
If you have any of questions please contact support@meonyou.com
© New Edge Media Inc., 2006.
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