MelonBytes.com Terms of Use - August 4, 2009
A. This Agreement
Through viewing, accessing, browsing and/or using www.melonbytes.com ("Site" or "Service"), you (the "User") acknowledge that you have read, understood and agreed to be legally bound by the following Terms of Use ("Terms"). If you do not agree to the following Terms, you are not permitted to view, access, browse or use any part of the site. MelonBytes.com ("we" or "MelonBytes.com") reserve the right to change, modify, or update the following Terms without any prior notification. Upon said modifications, you agree to be bound by the Terms in continuing to use or access the Site.
The servers for MelonBytes.com are located in the United States. If you choose to use this site, you must adhere to all local laws in your area in regard to text, links, photographs, audio, video and any other material ("Content") you view and/or publish.
B. Proprietary Rights and Copyright Information
You understand that through uploading and publishing Content, you are enabling people to view, share and print that Content. MelonBytes.com does not however, claim intellectual property rights to any Content you upload or publish to the Site. Following the upload of the Content to our servers, you will continue to retain all ownership rights. At any time, you can remove your entire account (including all uploaded Content) by selecting the "Remove My MelonBytes Account" checkbox on the "Edit Account" page located in the control panel.
When you post Content on the Website, you agree to grant MelonBytes.com an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, sell, publicly display, publicly perform and make derivative works of your Content on the Website, on services affiliated with the Website and elsewhere (including but not limited to print, video, audio or computer media), regardless of the form of media used or of whether such media or services now exist or are developed in the future. By posting Content to the Website, you hereby represent and warrant that you have the right to post that Content and to grant the foregoing rights to the Company.
You are granted a limited licence to display, view and print from the Site for personal and non-commercial use so long as you adhere to copyright and proprietary rights. You are unable to make available, modify, distribute or reproduce any Site Content that does not legally belong to you in whole or in part without written permission from the owner of the Content. You are permitted to retain only one single copy of each page or image on the site and may not make use of said material on any other's behalf.
All content created by MelonBytes.com is the exclusive property of MelonBytes.com and is protected by Canadian and international copyright laws. No copying or exploitation of any material on the site is permitted at any time unless in accordance with these terms.
You warrant and represent that you are the owner of all of the Content you publish on the Site, or have the owner's permission to upload and publish said Content. You also warrant and represent that through publishing on MelonBytes.com, you are not uploading any Content which violates any personal right, property right, contract right or copyright. If found that you have violated said rights, you agree to pay all monies owing to any person by reason of any Content published by you through or on the Site.
If you believe you have found a page that is infringing on copyright, please find and click the "Flag" button located at the bottom of each user published section of text. Following a review of illegally published or distributed Content, MelonBytes.com will remove all Content from its servers that it believes is in violation of copyright law. If you would prefer to make a claim to send via e-mail, please send a message with the following information to copyright [ at ] melonbytes.com:
i) Your contact information, including your name, address, telephone number, and e-mail;
ii) A signature (either physical or electronic) of the copyright owner or the person authorized to act on its behalf;
iii) Identification of the copyrighted work claimed to have been infringed;
iv) Identification of the infringing material and information reasonably sufficient to permit MelonBytes.com to locate the material;
v) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi) A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
C. Reserved Rights
We reserve the right to discontinue, suspend or limit offered services and/or remove any and all Content, submitted or published data associated with any User who we suspect to be in violation of these Terms at any time without any prior notification. This includes any Content that MelonBytes.com finds to be unlawful, offensive or objectional.
We reserve the right to modify or terminate the MelonBytes.com service at any time without prior warning.
We reserve the right to deny service to anyone at any time.
D. Acceptable Use
1) Eligibility: You agree that you are over the age of 13 (14 years and older). MelonBytes.com reserves the right to discontinue service without warning and remove all Content from anyone who is suspected of publishing under the age of 14.
2) Account Registration and Security:
i) You must provide truthful, accurate and current information at the time of account registration, while ensuring that said information is updated and maintained as necessary;
ii) Maintain password confidentiality and personal account security; and
iii) Take full responsibility (soley) for all Content and data published from the user account you create.
3) Linking
i) Image Use and Linking: You agree to create a link back to MelonBytes.com when publishing an image taken from the Site. You further agree that you will not alter in any way, any preprogrammed code that is taken from the site containing linking information.
ii) Frames and Linking: Linking to the site from another site using frames is strictly prohibited. If you wish to link to the site from a page using frames, a written request must be made to linking [ at ] melonbytes.com. You are only permitted to publish said link upon written authorization from MelonBytes.com.
4) Form Submission and E-mail Communication: You agree that we may record any and all communication between yourself and MelonBytes.com. You further agree that we may use any and all information collected as a means to contact you in the future, including contact with all e-mail addresses submitted via the Site.
5) Site Security: Any form of malicious activity toward the site is strictly prohibited; including cracking, hacking, and all other forms of malicious activity. MelonBytes.com reserves the right to investigate all occurrences that may involve such site violations. The site is unable to ensure security from unauthorized third parties of any form or e-mail submission while in transfer.
6) Prohibited Activities:
i) Creating more than one user account per individual, creating a user account on behalf of someone other than yourself, or creating a user account for a group;
ii) Attempting to access or use a user account that you have not created;
iii) Transmitting spam;
iv) Stating false information about yourself or impersonating another person;
v) Using the site for any fraudulent or illegal activity;
vi) Uploading, transmitting, publishing or making available any Content that we find to be illegal, unlawful, harassing, offensive, abusive, threatening, invasive of privacy and publicity rights or otherwise objectional; and
vii) Transmitting viruses or other malicious software that alters a computers functionality or the operation of the site (including but not limited to viruses, worms and Trojan Horses).
7) Prohibited Content:
i) Illegal, unlawful, harassing, offensive, abusive, threatening, invasive of privacy and publicity rights or otherwise objectional material (including but not limited to racist or hate material, nudity or pornography, sexual exploitation or murder) as determined by MelonBytes.com;
ii) Content that you do not own or have the legal right to distribute or publish;
iii) Personal Information from anyone under the age of 18; and
iv) Photography involving an individual who has not consented to being published on the Site.
E. Special Provisions Applicable to Advertisers:
The following additional terms apply to you if you place an order through our online advertising portal ("Order"):
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
1) After you place an Order, you will email your advertisement to advertise [at] melonbytes.com. If we accept your Order, we will deliver your ads within 5 business days.
2) You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be based upon the campaign length and design options you have selected at checkout.
3) Your ads will comply with our Ad Guidelines.
4) We will determine the size, placement, and positioning of your ads.
5) We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
6) We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
7) You will not offer any contest or sweepstakes ("promotion") without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
8) You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
9) Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
10) We can use your ads and related information for marketing or promotional purposes.
11) You will not issue any press release or make public statements about your relationship with Facebook without written permission.
12) We may reject or remove any ad for any reason.
13) You warrant that you have the legal authority to bind the advertiser to this Statement.
14) You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
F. Investigation
If a user violates any of the terms contained herein, MelonBytes.com may seek to gather information about the user to disengage their activities. We will co-operate completely with law enforcement authorities or court order requesting MelonBytes.com to disclose the identity of anyone posting, publishing or making available any materials that violate these terms. You waive and hold harmless MelonBytes.com from any claims resulting from any action we take during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either MelonBytes.com or law enforcement authorities.
G. Warranty Disclaimer
The content of the site is provided "as is" and "as available" and without warranties of any kind. MelonBytes.com does not warrant the correctness or accuracy of any material on the site. You, the user, assume all risk associated in visiting or using the site. You may not hold MelonBytes.com, its sponsors or affiliates and/or their respective licensors accountable for any direct or indirect damages derived from use of the site. We cannot be held responsible for loss of User submitted data or Content that has been published on the Site.
H. Indemnification
You shall indemnify and hold harmless MelonBytes.com against any and all damages, costs and expenses that might result from any claim made against the company.
I. Electronic Contract
You agree that the terms set forth, combined with your use of the site, hold the same legal bearing as a written contract. You also agree that you will not challenge the validity of said terms on the grounds that they are accessible electronically. You acknowledge that you have had the opportunity to print these terms.
Print
A. This Agreement
Through viewing, accessing, browsing and/or using www.melonbytes.com ("Site" or "Service"), you (the "User") acknowledge that you have read, understood and agreed to be legally bound by the following Terms of Use ("Terms"). If you do not agree to the following Terms, you are not permitted to view, access, browse or use any part of the site. MelonBytes.com ("we" or "MelonBytes.com") reserve the right to change, modify, or update the following Terms without any prior notification. Upon said modifications, you agree to be bound by the Terms in continuing to use or access the Site.
The servers for MelonBytes.com are located in the United States. If you choose to use this site, you must adhere to all local laws in your area in regard to text, links, photographs, audio, video and any other material ("Content") you view and/or publish.
B. Proprietary Rights and Copyright Information
You understand that through uploading and publishing Content, you are enabling people to view, share and print that Content. MelonBytes.com does not however, claim intellectual property rights to any Content you upload or publish to the Site. Following the upload of the Content to our servers, you will continue to retain all ownership rights. At any time, you can remove your entire account (including all uploaded Content) by selecting the "Remove My MelonBytes Account" checkbox on the "Edit Account" page located in the control panel.
When you post Content on the Website, you agree to grant MelonBytes.com an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, sell, publicly display, publicly perform and make derivative works of your Content on the Website, on services affiliated with the Website and elsewhere (including but not limited to print, video, audio or computer media), regardless of the form of media used or of whether such media or services now exist or are developed in the future. By posting Content to the Website, you hereby represent and warrant that you have the right to post that Content and to grant the foregoing rights to the Company.
You are granted a limited licence to display, view and print from the Site for personal and non-commercial use so long as you adhere to copyright and proprietary rights. You are unable to make available, modify, distribute or reproduce any Site Content that does not legally belong to you in whole or in part without written permission from the owner of the Content. You are permitted to retain only one single copy of each page or image on the site and may not make use of said material on any other's behalf.
All content created by MelonBytes.com is the exclusive property of MelonBytes.com and is protected by Canadian and international copyright laws. No copying or exploitation of any material on the site is permitted at any time unless in accordance with these terms.
You warrant and represent that you are the owner of all of the Content you publish on the Site, or have the owner's permission to upload and publish said Content. You also warrant and represent that through publishing on MelonBytes.com, you are not uploading any Content which violates any personal right, property right, contract right or copyright. If found that you have violated said rights, you agree to pay all monies owing to any person by reason of any Content published by you through or on the Site.
If you believe you have found a page that is infringing on copyright, please find and click the "Flag" button located at the bottom of each user published section of text. Following a review of illegally published or distributed Content, MelonBytes.com will remove all Content from its servers that it believes is in violation of copyright law. If you would prefer to make a claim to send via e-mail, please send a message with the following information to copyright [ at ] melonbytes.com:
i) Your contact information, including your name, address, telephone number, and e-mail;
ii) A signature (either physical or electronic) of the copyright owner or the person authorized to act on its behalf;
iii) Identification of the copyrighted work claimed to have been infringed;
iv) Identification of the infringing material and information reasonably sufficient to permit MelonBytes.com to locate the material;
v) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi) A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner.
C. Reserved Rights
We reserve the right to discontinue, suspend or limit offered services and/or remove any and all Content, submitted or published data associated with any User who we suspect to be in violation of these Terms at any time without any prior notification. This includes any Content that MelonBytes.com finds to be unlawful, offensive or objectional.
We reserve the right to modify or terminate the MelonBytes.com service at any time without prior warning.
We reserve the right to deny service to anyone at any time.
D. Acceptable Use
1) Eligibility: You agree that you are over the age of 13 (14 years and older). MelonBytes.com reserves the right to discontinue service without warning and remove all Content from anyone who is suspected of publishing under the age of 14.
2) Account Registration and Security:
i) You must provide truthful, accurate and current information at the time of account registration, while ensuring that said information is updated and maintained as necessary;
ii) Maintain password confidentiality and personal account security; and
iii) Take full responsibility (soley) for all Content and data published from the user account you create.
3) Linking
i) Image Use and Linking: You agree to create a link back to MelonBytes.com when publishing an image taken from the Site. You further agree that you will not alter in any way, any preprogrammed code that is taken from the site containing linking information.
ii) Frames and Linking: Linking to the site from another site using frames is strictly prohibited. If you wish to link to the site from a page using frames, a written request must be made to linking [ at ] melonbytes.com. You are only permitted to publish said link upon written authorization from MelonBytes.com.
4) Form Submission and E-mail Communication: You agree that we may record any and all communication between yourself and MelonBytes.com. You further agree that we may use any and all information collected as a means to contact you in the future, including contact with all e-mail addresses submitted via the Site.
5) Site Security: Any form of malicious activity toward the site is strictly prohibited; including cracking, hacking, and all other forms of malicious activity. MelonBytes.com reserves the right to investigate all occurrences that may involve such site violations. The site is unable to ensure security from unauthorized third parties of any form or e-mail submission while in transfer.
6) Prohibited Activities:
i) Creating more than one user account per individual, creating a user account on behalf of someone other than yourself, or creating a user account for a group;
ii) Attempting to access or use a user account that you have not created;
iii) Transmitting spam;
iv) Stating false information about yourself or impersonating another person;
v) Using the site for any fraudulent or illegal activity;
vi) Uploading, transmitting, publishing or making available any Content that we find to be illegal, unlawful, harassing, offensive, abusive, threatening, invasive of privacy and publicity rights or otherwise objectional; and
vii) Transmitting viruses or other malicious software that alters a computers functionality or the operation of the site (including but not limited to viruses, worms and Trojan Horses).
7) Prohibited Content:
i) Illegal, unlawful, harassing, offensive, abusive, threatening, invasive of privacy and publicity rights or otherwise objectional material (including but not limited to racist or hate material, nudity or pornography, sexual exploitation or murder) as determined by MelonBytes.com;
ii) Content that you do not own or have the legal right to distribute or publish;
iii) Personal Information from anyone under the age of 18; and
iv) Photography involving an individual who has not consented to being published on the Site.
E. Special Provisions Applicable to Advertisers:
The following additional terms apply to you if you place an order through our online advertising portal ("Order"):
If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following:
1) After you place an Order, you will email your advertisement to advertise [at] melonbytes.com. If we accept your Order, we will deliver your ads within 5 business days.
2) You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be based upon the campaign length and design options you have selected at checkout.
3) Your ads will comply with our Ad Guidelines.
4) We will determine the size, placement, and positioning of your ads.
5) We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
6) We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
7) You will not offer any contest or sweepstakes ("promotion") without our prior written consent. If we consent, you take full responsibility for the promotion, and will follow our Promotions Guidelines and all applicable laws.
8) You can cancel your Order at any time through our online portal, but it may take us seven days before the ad stops running.
9) Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ads, your ads may remain until the users delete it.
10) We can use your ads and related information for marketing or promotional purposes.
11) You will not issue any press release or make public statements about your relationship with Facebook without written permission.
12) We may reject or remove any ad for any reason.
13) You warrant that you have the legal authority to bind the advertiser to this Statement.
14) You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
F. Investigation
If a user violates any of the terms contained herein, MelonBytes.com may seek to gather information about the user to disengage their activities. We will co-operate completely with law enforcement authorities or court order requesting MelonBytes.com to disclose the identity of anyone posting, publishing or making available any materials that violate these terms. You waive and hold harmless MelonBytes.com from any claims resulting from any action we take during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either MelonBytes.com or law enforcement authorities.
G. Warranty Disclaimer
The content of the site is provided "as is" and "as available" and without warranties of any kind. MelonBytes.com does not warrant the correctness or accuracy of any material on the site. You, the user, assume all risk associated in visiting or using the site. You may not hold MelonBytes.com, its sponsors or affiliates and/or their respective licensors accountable for any direct or indirect damages derived from use of the site. We cannot be held responsible for loss of User submitted data or Content that has been published on the Site.
H. Indemnification
You shall indemnify and hold harmless MelonBytes.com against any and all damages, costs and expenses that might result from any claim made against the company.
I. Electronic Contract
You agree that the terms set forth, combined with your use of the site, hold the same legal bearing as a written contract. You also agree that you will not challenge the validity of said terms on the grounds that they are accessible electronically. You acknowledge that you have had the opportunity to print these terms.
Print
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