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MYOWNAD.COM - Terms of Service 1. ACCEPTANCE OF TERMS Welcome to myownad.com . Myownad.com provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time by viewing the registration page. In addition, when using particular myownad.com services, you and myownad.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. 2. DESCRIPTION OF SERVICE Myownad.com currently provides users with access to a collection of resources, including, various communications tools, forums, automated shopping services, and advertising through its network of "Internet Properties" (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for myownad.com to provide the Service. You also understand and agree that the service may include certain communications from myownad.com, such as service announcements, administrative messages, and that these communications are considered part of myownad.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new myownad.com internet properties, shall be subject to these TOS. You understand and agree that this Service is provided "AS-IS" and that myownad.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Phone Service, Cable Compnay, Internet service provider, or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or myownad.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, myownad.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). myownad.com is concerned about the safety and privacy of users. For this reason, any information posted within an area of the myownad.com service, that has been deemed by the administration at their sole discretion, to be hateful, racist, slanderous, or in violation of any United States Laws will be deleted from the property. In addition, by entering into this service, you are help soley responsable for any use of the service, through your user account. This includes any individual will you willing supply your myownad.com registration information, to provide them access to this service. 4. myownad.com PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at 5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify myownad.com of any unauthorized use of your password or account or any other breach of security, by emailing support@myownad.com, or anyother reasonable form of direct communication with the administrator of the service and (b) ensure that you exit from your account at the end of each session, by clicking the "Logout" link located on top of the service "homepage" or any other service page with the noted "Logout" link located on the top section of the webpage. Myownad.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 6. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("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 Myownad.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Myownad.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will myownad.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a myownad.com administrator, forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; "stalk" or otherwise harass another; or collect or store personal data about other users. You acknowledge that myownad.com may or may not pre-screen Content, but that myownad.com and its Administrators, Moderators, or Representatives shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, myownad.com and its designees shall have the right to remove any Content that violates theses TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by myownad.com or submitted to myownad.com, including without limitation information in myownad.com Message Boards, and in all other parts of the Service. You acknowledge, consent and agree that myownad.com may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content may, or directly, violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of myownad.com, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by myownad.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. 7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE Myownad.com does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant myownad.com the following world-wide, royalty free and non-exclusive license(s), as applicable: With respect to Content you submit or make available for inclusion on publicly accessible areas of myownad.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific myownad.com area to which such Content was submitted or made available, this includes the various categories of the myownad.com Community. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or myownad.com removes such Content from the Service. With respect to photos, graphics, audio or video you submit or make available for inclusion on any publicly accessible area of the Service other than myownad.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or myownad.com removes such Content from the Service. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than myownad.com, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the myownad.com network of properties that are intended by myownad.com to be available to the general public. By way of example, publicly accessible areas of the Service would include myownad.com categorized portions of myownad.com, areas of the service that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of myownad.com that are limited to members, myownad.com services intended for private communication such as myownad.com Communication Center , or areas off of the myownad.com network of properties such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by myownad.com. 9. INDEMNITY You agree to indemnify and hold myownad.com, and its subsidiaries, affiliates, officers, agents, administrators, moderators, software developers, representatives, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 10. NO RESALE OF SERVICE Unless you are designated specifically as an myownad.com "Re-seller", or under certain conditions whereas you are provided with myownad.com affiliate feature, as indicated by direct implication of the service administrators, moderators, software developers, designated representatives, officers, or an automated communication from the service software; You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your myownad.com I.D.), use of the Service, or access to the Service. 11. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that myownad.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings, classified ads or any other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on myownad.com' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that myownad.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that myownad.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that myownad.com reserves the right to modify these general practices and limits from time to time. 12. MODIFICATIONS TO SERVICE Myownad.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that myownad.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 13. TERMINATION You agree that myownad.com may, under certain circumstances and without prior notice, immediately terminate your myownad.com account, any associated communications, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your myownad.com account includes (a) removal of access to all offerings within the Service, including but not limited to myownad.com Communications, Classified Advertisements, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in myownad.com sole discretion and that myownad.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. 14. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that myownad.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 15. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because myownad.com has no control over such sites and resources, you acknowledge and agree that myownad.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that myownad.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 16. Myownad.com's PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by myownad.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Under no circumstances act as an empoyee, representative or sales person for any said advertisements, unless direct consent has been given by the intellectual owners. Myownad.com grants you a personal, non-transferable and non-exclusive right and sub-license to use the content code as produced from the service by the service Software; provided that you do not (and do not allow any third party to) copy and reproduce the said code, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Producing Software and all respective owners or license holders. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service or financially deceive myownad.com. You agree not to access the Service by any means other than through the interface that is provided by myownad.com for use in accessing the Service. 17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYOWNAD.COM AND THE RESPECTIVE SOFTWARE DEVELOPERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYOWNAD.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYOWNAD.COM REPRESENTATIVES OR THROUGH OR FROM THE SERVICE OR SOFTWARE DEVELOPERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS IN CONSIDERATION TO ANY AREA OF THE MYOWNAD.COM WEBSITE. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. 18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYOWNAD.COM ITS SOFTWARE DEVELOPERS ADMINISTRATORS MODERATORS OR AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYOWNAD.COM OR MENTIONED AFFILIATES, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 19. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. IF YOU RESIDE OR WILL BE ACCESSING THE SERVICE FROM ANY SUCH REGION, YOU ARE HEREBY DENIED USE OF THE SERVICE AND DENIED ANY LICENSES OR GRANTS TO USE ANY PART OF THE SERVICE AS DESCRIBED IN THIS AGREEMENT. YOU AKNOWLEDGE IT IS YOUR REPOSABILITY TO UNDERSTAND THE RULES AND REGULATIONS SET FORTH BY AN COMMISSION IN PLACE BY LAW, THAT EFFECTS YOUR REGION BEFORE USE OF THE SERVICE FOR THE PURPOSE OF ADVERTISING. 20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Myownad.com and its licensers shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. 21. NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement. 22. NOTICE Myownad.com may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service. 23. TRADEMARK INFORMATION Myownad.com logos,slogans will not be used by any other persons and are subject to the rules regarding trademarks and copyright laws. 24. GENERAL INFORMATION Entire Agreement. The TOS constitute the entire agreement between you and myownad.com and govern your use of the Service, superceding any prior agreements between you and myownad.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other myownad.com services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and myownad.com shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and myownad.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Hillsborough county, Florida. Waiver and Severability of Terms. The failure of myownad.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your myownad.com account is non-transferable and any rights to your myownad.com I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. 25. VIOLATIONS Please report any violations of the TOS to the website administrator at support@myownad.com
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