June 1, 2007
-Legal Description: My.NeutralExistence.com is a social networking service for environmentalist and caring individuals, and allows its users to create and maintain unique personal and/or commercial profiles online in order to find and communicate with other individuals and/or companies with similar views and values. The services offered by Neutral Existence ("My.NeutralExistence.com," "NeutralExistence.com," "us," or "we") includes the website, the email services, instant messaging services and any other applications, features and content.
-Agreement: This Terms of Service Agreement ("Agreement") sets forth the legally binding terms for your use of the My.NeutralExistence.com services. By using these services, you agree to and are bound by this Terms of Service Agreement. The term "using" refers to any visiting visitor or any active member of My.NeutralExistence.com. You are only authorized to use the NeutralExistence.com services if you abide by this Terms of Service Agreement. If you want to become a member of this social network, you must read and accept this Agreement during the registration process.
This Agreement includes Neutral Existence's acceptable use policy of the My.NeutralExistence.com services and the content posted on the Neutral Existence website. Neutral Existence may modify this Agreement at any time and any such modification shall be effective upon posting by the administrator to the Neutral Existence website. It is important that you review this Agreement on a regular basis as you are agreeing to be bound to any changes to this Agreement when you use the Neutral Existence website and/or services.
-Eligibility: Use of and Membership in the My.NeutralExistence.com Services is void where prohibited. By using our services, you represent and warrant that (a) you are 14 years of age or older; (b) all registration information you submit is truthful and accurate and will maintain that accuracy; (c) your use of the Neutral existence services does not violate any applicable law or regulation.
-Terms: This Agreement shall remain in effect while you are a member of My.NeutralExistence.com or while you use our services. you may terminate your membership at any time, for any reason by following the instructions on the Member's Account settings page. Even after your My.NeutralExistence.com membership is terminated, this Agreement will remain in effect.
-Fees: You hereby acknowledge that My.neutralExistence.com reserves the right to charge for its services and to change and adjust its fees at any time according to its own discretion. If Neutral Existence terminates your membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of your subscription fees.
-Password: When you sign up to become a member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Neutral existence immediately if you suspect any unauthorized use of your account or access to your password.
-Copyrights: Neutral Existence does not claim any ownership rights in the text, files, images, photos, videos, sounds, songs or any other materials (collectively, "content") that you post to the My.neutralExistence.com services. After posting your content to the My.NeutralExistence.com services, you continue to retain all ownership rights in such content, and you continue to have the right to use your content in any way you choose. By publishing any content on or through the My.NeutralExistence.com services, you hereby grant neutral existence a limited license to use, modify, publicly perform, publicly display, reproduce and distribute such content solely on and through the My.NeutralExistence.com services.
Without this license, My.NeutralExistence.com would be unable to provide the My.NeutralExistence.com services. The license you grant to Neutral existence is non-exclusive, fully-paid and royalty-free, sub-licensable, and worldwide. This license will terminate at the time you remove your content from the My.NeutralExistence.com services. This license does not grant Neutral Existence the right to sell and/or distribute your content outside of the My.NeutralExistence.com services.
You hereby represent and warrant that you own and/or have the right to grant the license set forth in this section, on any content posted by you on or through the My.NeutralExistence.com services.
The My.NeutralExistence.com services and website contain content that is protected by copyright laws, and Neutral existence retains all rights to the content and services.
-Prohibitions: Please refrain from including the following information on your My.NeutralExistence.com profile:
Personal telephone numbers;
Street addresses;
Any photographs containing nudity, excessive violence, lewd behavior, harassing behavior or any other objectable subject matter;
Neutral Existence reserves the right, to reject, refuse or remove any posting by you. We also reserve the right to restrict, suspend or terminate your access to any or all parts of the My.Neutralexistence.com services at any time, for any reason, without prior notice and without liability. Neutral Existence expressly reserves the right to remove your profile if we determine, in our sole discretion, that you pose a threat to My.NeutralExistence.com and/or its users. Neutral Existence reserves the right to delete any content in the sole judgment of Neutral Existence that violates this Agreement or which may be offensive, illegal or violate the rights or safety of others.
Neutral Existence assumes no responsibility for monitoring the My.NeutralExistence.com services for inappropriate content or conduct, nor is Neutral Existence obligated to remove and/or modify any inappropriate content. You are solely responsible for any and all information posted on or through the My.NeutralExistence.com services. Content is not necessarily reviewed prior to posting and does not necessarily represent the views, opinions and/or policies of My.NeutralExistence.com.
Neutral Existence reserves the right to take appropriate legal action against anyone who, in our sole discretion, violates this provision.
Prohibited content includes, but is not limited to content that, in our sole discretion:
Promotes racism, bigotry, hatred or physical harm;
Harasses or advocates harassment of another person;
Exploits people in a sexual or violent manner;
Contains nudity or other sexually explicit material and/or contains links to adult websites;
Solicits personal information from anyone under 18;
Promotes illegal activities or conduct;
Is abusive, threatening, obscene, defamatory or libelous;
Promotes illegal or unauthorized copy of another person's work;
Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
Despite these prohibitions, information provided by other Neutral Existence users, on their profiles, may contain inappropriate, offensive, inaccurate or sexually explicit material, and Neutral existence assumes no responsibility or liability for this material. If you become aware of any misuse of the My.NeutralExistence.com services, please contact us or simply click on one the many "Report _______" links throughout the Neutral Existence website.
-Illegal Activities: The following list is a partial list of the types of activities that are illegal and/or prohibited on the My.NeutralExistence.com website and through your use of our services. Neutral Existence reserves the right to take appropriate legal action against anyone who, in our discretion, violates these prohibited activities:
Criminal or tortuous activity;
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;
-Spam and Bulk Email: You may not transmit any chain letters, junk email and/or unsolicited bulk emails to other members. In order to protect our members from solicitation, we reserve the right to limit and/or restrict the number of emails which a member can send to other members in any 24 hour period. If you breach this Agreement and send unsolicited bulk junk emails or unsolicited bulk junk instant messages through our services, you acknowledge that you have caused harm to Neutral Existence and you agree to pay Neutral Existence $25 for each unsolicited email or other unsolicited communication you sent through the My.NeutralExistence.com services.
-Privacy Policy: The use of My.NeutralExistence.com is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference:
http://my.neutralexistence.com/privacy_policy.php
-Disclaimers: Neutral Existence is not responsible for any incorrect or inaccurate content posted on the Neutral Existence website or in connection with the My.NeutralExistence.com services, weather caused by users of the My.NeutralExistence.com services or by any of the equipment or programming associated with or utilized in the My.NeutralExistence.com services. Profiles created and posted by members on the My.NeutralExistence.com website may contain links to other websites. Neutral Existence is not responsible for the content; accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Neutral Existence. Inclusion of any linked website on the My.NeutralExistence.com services does not imply approval or endorsement of the linked website by Neutral Existence. When you access these third-party sites, you do so at your own risk. Neutral Existence takes no responsibility for third party advertisements which are posted on this My.NeutralExistence.com Website or through the My.NeutralExistence.com Services, nor does it take any responsibility for the goods or services provided by its advertisers. Neutral existence is not responsible for the conduct, whether online or offline, of any User of the My.NeutralExistence.com Services. Neutral Existence 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, any user or member communication. Neutral Existence 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the MySpace Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the My.NeutralExistence.com Services. Under no circumstances shall Neutral Existence be responsible for any loss or damage, including personal injury or death, resulting from use of the My.NeutralExistence.com services, from any content posted on or through the My.NeutralExistence.com services, or from the conduct of any users of the My.NeutralExistence.com services, whether online or offline. The My.NeutralExistence.com services are provided "AS-IS" and as available and Neutral Existence expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Neutral Existence cannot guarantee and does not promise any specific results from use of the My.NeutralExistence.com services.
-Limitation on Liability: IN NO EVENT SHALL NEUTRAL EXISTENCE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF NEUTRAL EXISTENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NEUTRAL EXISTENCE'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 NEUTRAL EXISTENCE FOR THE MY.NEUTRALEXISTENCE.COM SERVICES DURING THE TERM OF MEMBERSHIP.
This Agreement is accepted upon your use of the Neutral Existence Website or any of the My.NeutralExistence.com services and is further affirmed by you becoming a member. The failure of Neutral Existence to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
