Terms of Use
Date of Last Revision: October
9, 2007
Mislabeled.com is an online
social networking service that enables people to create online profiles
in order to communicate with others. To find out more about Mislabeled.com,
visit the “About Us” page. The services offered by Mislabeled.com
(collectively, "Mislabeled", or “the Company”) include
the Mislabeled Web Site (the "Site"), and any other features,
content, or applications offered over time by Mislabeled in connection
with the Site (collectively, the "Service"). The Mislabeled
Service is hosted in the U.S. By accessing or using our Site at www.mislabeled.com,
you (the "User") signify that you have read, understand and
agree to be bound by these Terms of Use ("Terms of Use" or
"Agreement"), whether you are a "Visitor" (which
means that you simply browse the Site) or you are a "Member"
(which means that you have registered with Mislabeled.com).
Mislabeled reserves the right,
at Mislabeled’s sole discretion, to change or modify portions of these
Terms of Use in any way, at any time without further notice. If Mislabeled
does this, Mislabeled will post the changes and the date these terms
were last revised on this page. If you continue to use the Service or
Mislabeled.com after any such modifications are made, you are agreeing
and accepting the new Terms of Use. It is your responsibility to frequently
review these Terms of Use to determine if there have been any changes.
It is also your responsibility to read and abide by such changes.
If you do not agree to abide by these or any future Terms of Use, do
not use, access, or continue to use the Service or Mislabeled.com. Your
use of certain features on the Site may be subject to additional terms
of use ("Additional Agreement(s)"). For example, any promotion
or sweepstakes conducted through this Site will be subject to separate
Official Rules. By using the Service, you agree to be bound by such
Additional Agreements. Please thoroughly read and review the following
Terms of Use.
- Eligibility
- By using the Service,
you represent and warrant that (1) all registration information (“Registration
Data”) you submit is truthful and accurate; (2) you will maintain
the accuracy of such information; (3) you are at least 13 years of age
or older; and (4) your use of the Service does not violate any applicable
law or regulation. Your profile may be deleted and your Membership may
be terminated without warning if we believe that you are less than 13
years of age. Use of and Membership in the Service is void where prohibited.
- Regarding your use
of Mislabeled.com, you understand and agree that you are personally
responsible for (a) all use of your Mislabeled.com account and for actions
of any and all types taking place through the use of your Mislabeled.com
account; (b) managing any user contributed data you post and/or submit
to Mislabeled and that such data will at all times be accurate and complete;
and (c) safeguarding any and all forms of identification, including
but not limited to your password.
- Proprietary Rights
in Content on Mislabeled.com
- User Contributed
Content
- You, whether acting
as a Registered User or a Visitor, are solely responsible for all content
contributed to Mislabeled.com. This content includes, but is not
limited to information, video, music, photographs, text, messages, listings,
solicitations, advertisements, and files of any type (“User Contributed
Content”). Contribution methods (“Contribute”) include but are
not limited to sharing, transmissions, posts, upload, displays and/or
published data. You do not have permission to contribute User
Contributed Content that was not created by you or that you do not have
legal license or permission to contribute. You understand and agree
that Mislabeled has the right, but not the obligation, to remove User
Contributed Content at any time if such content is deemed to be in violation
of the terms of these Terms of Use. Therefore, it is your responsibility
at your sole cost and expense to create backup copies and replace any
User Contributed Content you post or store on the Site or provide to
Mislabeled.
- To effectively offer
you the Service, Mislabeled must frequently use certain types and properties
of User Contributed Content. As a result, you acknowledge, understand,
and agree to grant Mislabeled a non-exclusive, fully-paid and royalty-free,
sublicensable, and worldwide limited license to use, modify, publicly
display, reproduce, publicly perform, and distribute such User Contributed
Content solely on and through the Service. Please review the Mislabeled
Privacy Policy to gain a better understanding of how Mislabeled protects
your personal data. If you choose to remove your User Contributed
Content, the license granted above to Mislabeled will automatically
expire, however you acknowledge that the Company may retain archived
copies of your User Content
- Mislabeled Content
- With all rights
reserved, content on Mislabeled.com (“Mislabeled Content”), excluding
User Contributed Content (described above), is the sole property of
Mislabeled and is protected by copyright and trademark laws. Mislabeled
content includes but is not limited to designs, methodologies, visuals,
text, business logic, graphics, pictures, video, information, applications,
software, audio clips, music, and other files, and their arrangement
and selection. No Mislabeled Content, in whole or in portions, may be
copied, modified, distributed, reproduced, republished, framed, downloaded,
displayed, transmitted, or sold in any manner, form or by any means
without Mislabeled's prior written consent. All applicable legal
restrictions regarding the reproduction or reuse of any copyrighted,
trademarked, or patented Mislabeled Content apply.
- Code of Conduct
- You understand and
agree that you will only use the Site and the Service for their intended
purpose. You agree to limit such uses to your personal, non-commercial
use, except for such features, products or services which Mislabeled
specifically identifies are for your commercial use, and in such cases
that commercial use will be in compliance with these Terms of Use and
any applicable Additional Agreements. Use of the Site for permitted
commercial purposes may not involve any third party individual or company
or payment to such party except as expressly permitted in an applicable
Additional Agreement.
- Except as expressly
authorized pursuant to these Terms of Use and applicable Additional
Agreements, you may not, with respect to audio and video files ("Bites"),
without limitation, (1) use the Bites for any commercial purposes including,
without limitation, sale, resale, hire, reproduction for promotional
purposes, or uses that require synchronization, public performance,
mechanical, print rights or any other rights not expressly licensed
to you in these Terms of Use and the applicable Additional Agreement;
(2) broadcast, or distribute Bites outside of Mislabeled.com, including
but not limited to making available Bites on file sharing networks;
(3) modify, adapt or create derivative works of the Bites; (4) make
any copies, digital or physical, of the Bites, including on a digital
music player or CD; or (5) remove or in any way amend or tamper with
any copyright or trademark notice or other identifier contained on or
in any of the Bites. All rights granted to you under these Terms of
Use and applicable Additional Agreements relating to the Bites do not
constitute a grant or waiver or any other limitation of any right of
the copyright owners of any Bites, including, without limitation, any
rights that they may have in the sound recording and underlying musical
composition or audiovisual work embodied in the Bites made available
to you. Any use of the Bites or any parts thereof other than as permitted
under these Terms of Use is a violation of copyright of their respective
owners and these Terms of Use and may expose you to legal action.
- Whether you are
a Visitor or a User, there are a number of activities and types of activities
that you are prohibited from engaging in while using the Service. You
agree not to use the Service or Mislabeled.com to:
- contribute, store
or make accessible content using sexually suggestive imagery or any
other misleading or deceptive content designed to create attention or
traffic;
- contribute, store
or make accessible on Mislabeled.com any private information of any
third party, including, without limitation, addresses, phone numbers,
email addresses, Social Security numbers and credit card numbers;
- collect contact
information of any kind from other users of the Service by any means
for the purposes of sending unsolicited communications of any kind;
- impersonate any
person, party or entity, or falsely state or otherwise misrepresent
yourself, your age or your affiliation with any person, party or entity;
- use the Service
in any manner that is or could be construed as unlawful
- contribute, store
or make accessible any unsolicited or unauthorized content for commercial
purposes including, contests, sweepstakes, "spam," barter,
advertising, "chain letters," pyramid schemes, solicitations,
promotional materials, "junk mail," or any other form of solicitation;
- promote illegal
or unauthorized copying of another person's copyrighted work;
- use the Service
in any manner that could potentially, would, or does disable, impair,
or damage the Site;
- contribute, store
or make accessible content that, in the sole judgment of Mislabeled,
which may expose Mislabeled or its users to any harm or liability of
any type;
- use scripts or
other technology of any kind, that is not explicitly approved in an
Additional Agreement, to collect information from or otherwise interact
with the Service or the Site;
- contribute, store
or make accessible any content that is obscene, pornographic or sexually
explicit, depicts violence, makes threats of any kind, is abusive or
hateful, or that intimidates, or harasses anyone;
- create more than
one User account, or create an account on behalf of an individual other
than yourself;
- contribute, store
or make accessible any content that Mislabeled deems to be harmful,
threatening, unlawful, defamatory, infringing, abusive, inflammatory,
harassing, vulgar, obscene, inaccurate, invasive of privacy or publicity
rights, hateful, or racially, ethnically or otherwise objectionable;
- contribute, store
or make accessible any audio or video of any kind, unless otherwise
specifically approved in an applicable Additional Agreement, other than
those of a personal nature that: (1) are of you or your friends, (2)
are taken by you or your friends, or (3) are original art created by
you or your friends;
- request or solicit
personally identifiable information from anyone under 18 or solicit
passwords or personally identifying information for commercial or unlawful
purposes;
- contribute, store
or make accessible any material that contains software viruses or any
other computer code, files or programs that could potentially, whether
through design or not, interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
- contribute, store
or make accessible content that would constitute, encourage or provide
instructions for a criminal activity of any kind, violate the rights
of any party, or that would otherwise create liability or violate any
local, state, national or international law;
- use or attempt
to use another's account, service or system without authorization from
Mislabeled;
- create or publish
restricted or password only access pages or hidden pages or images;
- Claims of
Intellectual Property Infringement
- It is the policy
of Mislabeled to adhere to all copyright laws and respond quickly to
claims of intellectual property infringement. If you believe that your
rightfully, legally owned and copyrighted content has been copied or
used illegally, please provide the following information: (1) an electronic
or physical signature of the person authorized to act on behalf of the
owner of the copyright interest; (2) a description of the copyrighted
work that you claim has been infringed; (3) a description of where the
material that you claim is infringing is located on the Site; (4) your
full name, address, telephone number, and email address; (5) a written
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;
(6) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf. Mislabeled's
Copyright Agent for notice of claims of copyright infringement can be
reached at:
MLCR, P.O. Box 4552, Mission Viejo, CA 92690 or Copyright@Mislabeled.com
- Disputes
- You and only you
are responsible for your interactions with other Mislabeled users. Mislabeled
reserves the right, but has no obligation, to monitor disputes between
you and other Mislabeled.com users.
- Disclaimers
- Mislabeled is not responsible
or liable in any manner for any of your User Contributed Content posted
on Mislabeled.com or in connection with the Service, whether caused
by users of Mislabeled.com or by any of the equipment or programming
associated with or utilized in the Service. Although Mislabeled publishes
policies regulating the conduct and content contribution of users, Mislabeled
does not control and is not responsible for what Users contribute on
Mislabeled.com and is not responsible for any offensive, inappropriate,
obscene, unlawful or otherwise objectionable content you may encounter
on the Service, Mislabeled.com or in connection with any User Contributed
Content. Mislabeled is not responsible for the conduct, whether online
or offline, of any user of Mislabeled.com or of the Service. Mislabeled
assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, User
communications. Mislabeled is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems,
servers or providers, computer equipment, software, failure of e-mail
or players on account of technical problems or traffic congestion on
the Internet or at any web site or combination thereof, including injury
or damage to users and/or Users or to any other person's computer related
to or resulting from participating or downloading materials in connection
with the Web and/or in connection with the Service. Under no circumstances
will Mislabeled be responsible for any loss or damage, including personal
injury or death, resulting from anyone's use of Mislabeled.com or the
Service, any content contributed on Mislabeled.com, including Use Contributed
Content, or transmitted to Users, or any interactions between Users
of Mislabeled.com, whether online or offline. MISLABELED.COM AND THE
SERVICE ARE PROVIDED "AS IS" AND MISLABELED EXPRESSLY DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT. MISLABELED CANNOT GUARANTEE AND DOES NOT PROMISE
ANY SPECIFIC RESULTS FROM USE OF MISLABELED.COM AND/OR THE SERVICE.
The Service may be periodically temporarily unavailable for technical,
administrative or any number of other reasons. No advice or information,
whether oral or written, obtained by user from Mislabeled or through
or from the Service shall create any warranty not expressly stated herein.
- Third Party Sites
and Content
- Any links included
within Mislabeled.com that take users out of the Mislabeled.com site
are not owned by or under the control of Mislabeled and Mislabeled assumes
no responsibility for the content, privacy policies or practices of
any third party website. Use of such third party sites shall be at your
own risk and is subject to the policies and procedures of the owner
of such site. Mislabeled recommends that you read the policies of such
sites.
- Limitation on
Liability
- EXCEPT IN JURISDICTIONS
WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL MISLABELED OR
ANY OF ITS CORPORATE PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS,
AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING ALSO LOST PROFITS AND LOST DATA ARISING FROM YOUR
USE OF MISLABELED.COM OR THE MISLABELED SERVICE OR ANY CONTENT OR OTHER
MATERIALS ACCESSED THROUGH MISLABELED.COM, EVEN IF MISLABELED HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, MISLABELED'S LIABILITY TO YOU FOR
ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MISLABELED
FOR THE SERVICE DURING THE TERM OF USERSHIP.
- Privacy
- We care about the
privacy of our users. By using the Site or the Service, you are consenting
to have your personal data transferred to and processed in the United
States. Please review the Mislabeled's Privacy Policy.
- Termination
- Mislabeled may terminate
and/or delete your account, delete your profile and any content or information
that you have posted on the Site or through any Application and/or prohibit
you from using or accessing the Service or the Site or any Application
(or any portion, aspect or feature of the Service or the Site or any
Application) for any reason, or no reason, at any time in its sole discretion,
with or without notice, including without limitation if Mislabeled believes
that you are under 13.
- Choice of Law
and Venue
- By visiting or using
Mislabeled.com and/or the Service, you agree that the laws of the State
of California will govern these Terms of Use, without regard to principles
of conflict of laws. This includes any dispute of any sort that might
arise between you and Mislabeled or any of Mislabeled’s partners.
With respect to any disputes or claims not subject to arbitration (as
set forth below), you agree not to commence or prosecute any action
in connection therewith other than in the state and federal courts of
California, and you hereby consent to, and waive all defenses of lack
of personal jurisdiction and forum non conveniens with respect to, venue
and jurisdiction in the state and federal courts of California.
- Arbitration
- If there is any
dispute about or involving the Mislabeled Services, you agree that the
dispute shall be governed by the laws of the State of California, USA,
without regard to conflict of law provisions and you agree to exclusive
personal jurisdiction and venue in the state and federal courts of the
United States located in the State of California, City of Los Angeles.
Either Mislabeled.com or you may demand that any dispute between Mislabeled.com
and you about or involving the Mislabeled Services must be settled by
arbitration utilizing the dispute resolution procedures of the American
Arbitration Association (AAA) in Los Angeles, California, USA, provided
that the foregoing shall not prevent Mislabeled.com from seeking injunctive
relief in a court of competent jurisdiction.
- Indemnity
- You agree to defend,
indemnify and hold harmless Mislabeled, its officers, directors, employees
and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, demands, and expenses (including
but not limited to attorneys' fees) arising from: (1) your use of and
access to Mislabeled.com or any User Contributed Content that you contribute
thereon; (2) your violation of any term of this Agreement or your representations
and warranties set forth above; (3) your violation of any third party
right, including without limitation any copyright, property, or privacy
right; or (4) any claim that one of your User Contributions caused damage
to a third party.
- Entire Agreement
- These Terms of Use
constitute the entire agreement between you and Mislabeled regarding
the use of the Site and/or the Service, superseding any prior agreements
between you and Company relating to your use of the Site or the Service.
The failure of Company to exercise or enforce any right or provision
of these Terms of Use shall not constitute a waiver of such right or
provision in that or any other instance. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full
force and effect. If any provision of these Terms of Use shall be deemed
unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from these Terms of Use and shall not affect
the validity and enforceability of any remaining provisions.
