Welcome to MyComeUp.com, (“we”, “us”, “our” and “MyComeUp”) a social networking service where friends share their lives and explore great entertainment. MyComeUp Network consists of the MyComeUp Website, co-branded websites (including sub-domains) MyComeUp Mobile and including versions of the website that may exist on other domains.
1. MyComeUp ACCOUNT:
a) all required registration information you submit is truthful and accurate;
b) you will maintain the accuracy of such information;
c) you are (13) years of age or older;
d) you are not currently restricted from the MyComeUp Services, or not otherwise prohibited from having a MyComeUp account;
e) you will not use MyComeUp if you are a convicted sex offender;
f) you have full power and authority to enter into this Agreement;
g) you will not violate any rights of MyComeUp, including intellectual property rights such as copyright or trademark rights; and
h) your use of the Services does not violate any applicable law or regulation. Your MyComeUp Profile may be deleted without warning if we have reason to believe that you do not meet any of the eligibility requirements.
1.2 Registration and Account Security
When you sign up to become an MyComeUp member, you will also be asked to choose a password. You are solely responsible for maintaining the confidentiality of the password associated with your account and for restricting access to your password and to your computer while logged into the site. Here are some commitments you make to us relating to registering and maintaining the security of your MyComeUp account.
By way of example and not as a limitation, you agree to:
a) keep your password secure and confidential;
b) not reveal your password to any third party;
c) keep your registered email addresses and other registration data current and complete;
d) accept responsibility for all use and activities that occur under your account;
e) not permit others to use your account;
f) refrain from using the account, username, or password of another member at any time;
g) refrain from selling, trading, or otherwise transferring your MyComeUp account to another party;
h) refrain from charging anyone for access to any portion of MyComeUp, or any information therein;
i) not use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information;
j) notify us immediately if you suspect any unauthorized use of your MyComeUp Profile or access to your password.
We endeavor to use reasonable security measures to protect against unauthorized access to your account and to any User Content you designate as unlisted, hidden or password-protected. We cannot, however, guarantee absolute security of your account, your User Content or the personal information we collect, and we cannot promise that our security measures will prevent third-party “hackers” from illegally accessing the site or its contents. You agree to immediately notify MyComeUp of any unauthorized use of your account or password, or any other breach of security, and to accept all risks of unauthorized access to the Registration Data and any other information you provide to MyComeUp. Further, we may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
1.3 Forum Signature
You may post a link to your website in your signature, as long as it does not link to any inappropriate material. You may also have a signature image linked from another website as long as they are within the following guidelines; • Images must be no more than 100px high and 600px wide. • Only 1 (one) banner image may be used. • Absolutely no obscene, violent, or adult themed images are permitted.
1.5 Subscriptions and Payments
You acknowledge that MyComeUp reserves the right to charge for any portion of the MyComeUp Services and to change its fees (if any) from time to time in its discretion. If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Membership”), you agree to MyComeUp to pay the applicable fees for the Premium Membership (including, without limitation, periodic fees for Premium accounts) as they become due and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you may cancel your subscription. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. All Premium features expire immediately upon cancellation of your Premium account or MyComeUp account. If MyComeUp terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any). You also acknowledge that MyComeUp’s Premium Membership are subject to this Agreement and any additional terms related to the provision of the Premium Membership.
1.6 Notify us of acts contrary to the Agreement
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2. MEMBER CONDUCT:
2.1 The MyComeUp Services are for the personal use of members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by MyComeUp. MyComeUp reserves the right to remove or charge for commercial content in its sole discretion.
2.2 In order to protect our Members from advertising or solicitation, MyComeUp in its sole discretion reserves the right to restrict the number of emails, which a Member may send to other Members in any 24-hour period to a number which MyComeUp, deems appropriate. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the MyComeUp Services, you acknowledge that you will have caused substantial harm to MyComeUp.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 MyComeUp fifty dollars ($50 USD) for each such unsolicited email or other unsolicited communication you send through the MyComeUp Services.
2.3 You may not use the MyComeUp Service for any illegal or unauthorized purpose including collecting usernames, user id numbers, and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the MyComeUp Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from member profiles without notice or explanation and may result in termination of membership privileges.
2.4 MyComeUp may, but shall have no obligation to, remove Content that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, infringes or violates any party’s intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does MyComeUp have any obligation to check the accuracy or truthfulness of any materials, nor to monitor any member’s use of the MyComeUp Service.
2.5 International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from your country of residence. You are solely responsible for your conduct and any Content that you submit, post, and display on the MyComeUp Service.
3. PROHIBITED CONTENT AND ACTIVITY:
Although MyComeUp is a private company, we aspire to respect constitutionally guaranteed rights of expression of people in the countries they reside. The following are examples of the kind of activities that are illegal or prohibited on the MyComeUp Website and through your use of the MyComeUp Services. MyComeUp reserves the right to investigate and take appropriate legal action against anyone who, in MyComeUp’s sole discretion, violates these provisions, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
3.1 Publish, distribute and/or disseminate any harmful, bigotry, racism, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hatred, or physical harm of any kind against any group or individual on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
3.2 Abuse, stalk, threaten, harass or advocate harassment of another person;
3.3 Violate or attempt to violate the privacy rights, publicity rights, copyrights, trademark rights, or any other rights of any person.
3.4 Submit material that contains nudity or depicts a human being engaged in actual sexual conduct including but not limited to (a) excessive violence, (b) exploits people in a sexual or violent manner, sadistic or masochistic abuse; (c) sexual intercourse; (d) bestiality; (e) lascivious exhibition of the genitals or private area of any person; (f) offensive subject matter; (g) contains a link to an adult website;
3.5 Involvement in the exploitation of persons in a sexual or violent manner;
3.6 Solicit personal identifying information or passwords from anyone;
3.7 Promote or encourage illegal or criminal activity including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
3.8 Publicly posting information that poses or creates a privacy or security risk to any person;
3.9 Use sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile;
3.10 Imply or state, directly or indirectly, that you are affiliated with or endorsed by MyComeUp unless you have entered into a written agreement with MyComeUp;
3.11 Impersonate or attempt to impersonate MyComeUp or a MyComeUp employee, administrator, moderator, another Member, or person or entity;
3.12 Advertising to, or solicitation of any Member to buy or sell any products or services through the MyComeUp Services without their prior explicit consent;
3.13 Create a user profile for anyone other than a natural person;
3.14 Register for more than one User account or register for a User account on behalf of an individual other than yourself;
3.15 Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from MyComeUp except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
3.16 Submit materials of any third party without such third party’s prior written consent, or materials that falsely express or imply that such materials are sponsored or endorsed by MyComeUp;
3.17 Remove, obscure, or alter any MyComeUp’s copyright notice, trademarks, or other proprietary rights notices, including any of its licensors;
3.18 Modify, copy, distribute, download, perform, sell, transmit or create derivative works in any form or by any means, in whole or in part, any Content from the MyComeUp Services other than your Content which you legally post on, through or in connection with the MyComeUp Services;
3.19 Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
3.20 Modify, adapt, translate, or reverse engineer any portion of the MyComeUp Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the MyComeUp.com Service.
3.21 Attempt to gain unauthorized access to the MyComeUp Service, other accounts, computer systems or networks connected to the MyComeUp Service, through password mining or any other means.
3.22 Transmit, email or post any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, ‘spimming’, ‘spamming’ or any other form of such solicitation;
3.23 Harvest or collect email addresses or other contact information of members, including usernames, from the MyComeUp website by electronic or other means;
3.24 Use manual or automated software, such as, but not limited to, scripts, devices, robots, or other means to add friends or send/add comments, messages, status updates, blogs or bulletins or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
3.25 Use the MyComeUp.com Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
3.26 Using any information obtained from the MyComeUp Services in order to harass, abuse, or harm another person or entity, or attempting to do the same.
3.27 Solicit or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;
3.28 Rent, lease, loan, trade, sell/re-sell access or otherwise transferring your profile, your email address or URL to MyComeUp or any information therein, or the equivalent, in whole or part;
3.29 Cover or obscure the banner advertisements on your MyComeUp Profile page, or any MyComeUp page via HTML/CSS, scripting, or any other means;
3.30 Decompile, reverse engineer, or copy any Content (other than the Content you provide) or the Services for which the source code is not provided to you;
3.31 Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
3.32 Use other members’ personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other members;
3.33 Interfere with another member’s use and enjoyment of the MyComeUp Service;
3.34 Repeatedly infringe other people’s intellectual property rights, we have the right to disable your account when appropriate;
If you feel that you or another member is being harassed, threatened or any other form of abuse, please report it immediately to: [email protected] Further, MyComeUp reserves the right to investigate and take appropriate legal action against anyone who, in MyComeUp’s sole discretion, violates this provision, including, without limitation, removing the offending Content from the MyComeUp Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities.
4. MEMBER DISPUTES
If there is a dispute between Members or between Members and any third party, you understand and agree that MyComeUp is under no obligation to become involved. In the event that you have such a dispute, you hereby release MyComeUp, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
5. INTELLECTUAL PROPERTY:
You acknowledge that MyComeUp owns all right, title and interest in and to the Services, including without limitation, the Website, and all underlying software and technology, including without limitation all Intellectual Property Rights. Intellectual Property Rights means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
Posted All Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MyComeUp, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available on MyComeUp or on the Web. You understand and agree that MyComeUp may, but is not obligated to, review, reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of MyComeUp violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Nonetheless MyComeUp 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. MyComeUp does not claim ownership rights in Content that you make available through the Site. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to MyComeUp an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.
5.3 Your Content
By posting any Content on the Services and making your Content available to others (“Third Parties via RSS distribution, you hereby grant MyComeUp and to all Third Parties an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sub-license through unlimited levels of sub-licensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media or distribution method (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. Other users of the Service will be able to view any Content you post to the Services, subject to your limited ability to prevent access to your Content by changing your account preferences and settings. You represent and warrant that: (i) you own the Materials posted by you on or through the MyComeUp Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the MyComeUp Service 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 Materials posted by you to or through the MyComeUp Service. You may remove your User Content from the MyComeUp at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that MyComeUp may retain archived copies of your User Content, and also the information posted to the Web by MyComeUp on your behalf may be cached by websites outside of MyComeUp control.
5.4 Objectionable Content
We reserve the right to remove content (including links) that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any account posting objectionable content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a product or service.
5.5 Enforcement by Us
We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any User or any other person, or create liability for us or any User.
6. THIRD PARTIES AND OTHER USERS:
6.1 Third Party Content
Content from other Users, advertisers, and other third parties is made available to you through the MyComeUp Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties. Some of the content served by MyComeUp may be from affiliated merchant sites. Sales that occur through these affiliated sites may generate a commission payable to MyComeUp.
Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or the advertiser. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.
6.3 Third-Party Websites and Partner Communities
The MyComeUp Services may contain links to third-party websites (“Third-Party Websites (a) placed by us as a service to those interested in this information; or (b) posted by other Users. We may also place links or enable interoperability to other social networking communities (“Partner Communities or use other means to connect the MyComeUp Services to such Partner Communities to give you more possibilities. You use all such links to Third-Party Websites and Partner Communities at your own risk. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website or Partner Community does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites or Partner Communities, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and Partner Communities, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
7. VIOLATION OF TERMS:
7.1 Breach of Terms
Any use of the Services in violation of this Agreement may result in, among other options, termination or suspension of your rights to use the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and Members, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, MyComeUp Profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
7.2 Termination of Service
7.3 Effects of Termination
8. COPYRIGHT POLICY:
You acknowledge that Content transmitted on or through the Network may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. MyComeUp respects copyright law and expects you to do the same. Content identified as belonging to a third party can be transmitted on the Software so long as you obtain permission first and the ownership and rights are clearly indicated. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by the copyright holder. It is MyComeUp policy to terminate the accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify MyComeUp Agent for notice of claims of copyright or other intellectual property infringement: Please provide our Agent with the following information;
1) A description of the alleged copyrighted work that you claim has been infringed, which should include the type of work (such as a photo or a sound recording) and any relevant further details (such as the title and date of publication, as applicable);
2) A description of where the alleged material that you claim is infringing is located on the MyComeUp Service (including a URL and/or screen shot);
3) The country or countries to which your copyright applies;
4) A description of the way in which the alleged copyright material has been infringed;
5) Your address, telephone number, and email address so that we may get in contact with you;
6) Your contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint;
7) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
8) A statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
9) An electronic or physical signature (which may be a scanned copy) of the copyright owner. Once you have completed the Notice, having included all of the information set out above, please send it to: [email protected]
9. DISCLAIMER OF WARRANTIES, INDEMNITY AND LIMITATION OF LIABILITY:
Under no circumstances shall MyComeUp be liable to any user on account of that user’s use or misuse of the Services. The Services are provided “as is,” with no warranties whatsoever. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if MyComeUp has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from the interruption, suspension, or termination of Services (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. You understand and agree that you use the Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the use of the Services.