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RATEOMETER.COM TERMS OF SERVICES AGREEMENT
Welcome to Rateometer.com, a unique online social community that allows
people to connect through networks of friends for networking purposes
or just for making new friends. The service is operated by 4YOURNEED, LLC.
("Rateometer.com"). By using the Rateometer.com web site (the "Website")
you agree to be bound by the following Terms of Service (this "Agreement").
Read this Agreement carefully and indicate your acceptance if you wish to
register as a member to use Rateometer.com services to communicate with other
members on the Website. Do this by following the required instructions on the
signup page.
This written Agreement sets out the legally binding terms of your membership
in the Service and use of Rateometer.com Website. Your membership may be modified
by Rateometer.com management staff at any point in time without prior notice and
will take effect upon posting on Rateometer.com Website. This Agreement includes
Rateometer.com's policy for acceptable use and content posted on the Website,
Rateometer.com's Privacy Policy and notices regarding the Website.
1. Eligibility. In order to use the Website or register as a Rateometer.com member
you must be fifteen years of age or over. Any membership in the Service is automatically
void where prohibited. By using the Website, you represent and warrant that you
have the right, capacity and authority to enter into this Agreement and to abide by
all of the terms and conditions of this Agreement.
2. Terms. While using the Website services and/or are a Member; this
Agreement will remain in full force and effect. You are free to terminate your
membership at any time you wish, for any reason by following the instructions stated
on the Cancel Account page in "Account Settings". Rateometer.com reserves the right
to terminate your membership at any time, for any reason. If Rateometer.com terminates
your membership because you have breached the Agreement, you will not be entitled to
any refund of your unused subscription fees. This Agreement will still remain in
full effect even after your membership has been terminated.
3. Non-Commercial Use by Members. All Organizations, companies, and/or
businesses alike may not become Members and should not use the Rateometer.com
Service or the Website for any purpose. Rateometer.com Website service is meant
for personal use of the individual Members only; and may not be used in connection
with any commercial activities or endeavors. Illegal and/or unauthorized uses of the
Website, including collection of usernames and/or email addresses of members by
electronic or other means for the purpose of sending unsolicited email and unauthorized
framing of or linking to the Website will be investigated thoroughly, and appropriate
legal action will be taken, including without limitation, criminal, civil and injunctive
redress.
4. Full Proprietary Rights in Content on Rateometer.com. Except for that information
which is in the public domain or for which you have been given a written permission, you
do not have the right to copy, publish, modify, transmit, perform, display, distribute
or sell any other proprietary information. Rateometer.com owns and retains all proprietary
rights in the Rateometer.com Website and its Service. The Website contains the copyrighted
material, trademarks, and other proprietary information of Rateometer.com and its licensors.
5. Content Posted on the Website.
a. As a registered member on Rateometer.com Website, your profile must describe you
(an individual person). Examples of in-appropriate profiles include the following
(But are not limited to): Profiles that purport to represent an animal, inanimate, place,
object, a real individual who is not you or any fictional character.
b. You understand and agree that Rateometer.com reserves the right to review/edit delete
any content, photos, messages or profiles (collectively, "Content") that in Rateometer.com's
sole judgment violate this Agreement or which might be illegal, offensive, or that might
violate the rights, threaten the safety of other Members, or harm them in anyway.
c. As a registered member and by posting Content to any public section of Rateometer.com,
you automatically grant, and you warrant and represent that you have the right to grant,
to Rateometer.com a perpetual, irrevocable, non-exclusive, fully paid, worldwide license
to copy, perform, use, display and distribute such information and content and to incorporate
into other works of, or prepare derivative works of such information and content, and to
grant and authorize sublicenses of the foregoing.
d. You are solely responsible for the Content that you display or publish (hereinafter, "post")
on the Website, or transmit to other Rateometer.com Members.
e. You agree to use the Service in a manner consistent with any and all applicable laws
and regulations.
f. The following below is a partial list of the kind of Content that is considered illegal
or prohibited on the Rateometer.com Website. Rateometer.com reserves the right to investigate
fully and take any appropriate legal action in its sole discretion against anyone who violates
this provision; including without limitation, removal of the offending communication from the
Service and automatically terminating the membership of such violators. It includes Content that:
is patently offensive to the online community, such as Content that promotes bigotry, racism, hatred or physical harm of any kind against any group or individual;
promotes information that you are aware is false, promotes illegal activities or misleading or conduct that is threatening, abusive, obscene, libelous or defamatory;
involves the transmission of "chain letters," "junk mail", or unsolicited mass mailing or "spamming";
advocates harassment or harasses another person;
promotes any illegal or unauthorized copy of someone else's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains password only access pages or restricted pages, or hidden pages or images (those not linked to or from other accessible page);
displays any form of pornographic or sexually explicit material of any kind;
provides material that exploits persons under the age of eighteen in a violent or sexual manner, or solicits the personal information from anyone under eighteen;
provides instructional information about any illegal activities such as buying or making illegal weapons, providing or creating any computer viruses or violating a person's privacy.
engages in commercial activities and/or sales without any prior written consent from us; such as: sweepstakes, contests, and sweepstakes, advertising, barter and pyramid schemes;
solicits personal identifying information for commercial or unlawful purposes from other users or passwords;
Even though all of this is strictly prohibited, there is a small chance that You might
become exposed to such items and You further waive Your right to any damages (from any party)
related to such exposure.
g. You may not transmit any form of chain letters or junk email to other Members. You may
not engage in advertising to, or solicitation of, other Members to buy or sell any of your
or others products or services through the Rateometer.com Service. Although Rateometer.com
cannot monitor the conduct of its Members off the Rateometer.com Website, it is still
considered a violation of these rules to use any information obtained from the Rateometer.com
Service in order to abuse, harass, or harm another person, or in order to advertise to, contact,
solicit, or sell to any of the Rateometer.com Members without their prior explicit consent.
In order to protect our Members from such solicitation or advertising, Rateometer.com reserves
the right to restrict the number of emails, which any Member may send to other Members in any
twenty four hour period to a number, which Rateometer.com deems appropriate in its sole discretion.
h. No telephone members, street addresses, emails, URL's may be included in your Member profile.
6. Member Disputes. Interaction between Rateometer.com Members is your sole responsibility.
Rateometer.com reserves the right, but has no obligation, to monitor disputes between you and any
other Members.
7. Privacy. Our Privacy Policy also governs the use of the Rateometer.com Website and/or its Services.
8. Disclaimers. Rateometer.com is not responsible for any inaccurate or incorrect Content posted on
the Website or in connection with the Service; whether caused by users of the Members or users of
the Website, or by any of the equipment or programming utilized or is associated in the Service.
Rateometer.com assumes no responsibility for any interruption, omission, error, delay in operation,
deletion, defect, communications line failure, destruction, theft or unauthorized access to, or alteration
of any user or Members communications. Rateometer.com is not responsible for the conduct, whether
online or offline, of any user of the Rateometer.com Website or Member of the Service. The Web site
and the Service are provided "AS-IS" and Rateometer.com expressly disclaims any warranty of fitness
for a particular purpose or non-infringement. Rateometer.com is not responsible for any technical
malfunctions or problems of any telephone network or lines, computer online systems, computer equipment,
servers or providers, software, failure of email or players on account of technical problems or traffic
congestion on the Internet or at any website or combination thereof, including damage or injury to
users and/or Rateometer.com Members or to anyone's computer related to or resulting from downloading
material or participating in connection with the Web and/or in connection with the Rateometer.com
Service. Under no circumstances will Rateometer.com be responsible for any loss or damage, including
personal injury or death, resulting from anyone's use of the Rateometer.com Website or the Service,
any Content posted on the Website or transmitted to Members, or any interactions between users of the
Website, whether online or offline. Rateometer.com cannot guarantee and does not promise any specific
results from use of the Website and/or the Service. The service may not be available temporarily from
time to time for maintenance purposes or other reasons. No advice or information, whether written or
oral, obtained by Rateometer.com users or through or from the service itself shall create any warranty
not expressly stated herein.
9. Copyright Policy. You may not post, reproduce, or distribute in any way any copyrighted material,
trademarks, or other proprietary information of Rateometer.com without obtaining the prior written
consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that
your work has been copied and posted on the Service in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information: an electronic or physical signature
of the person authorized to act on behalf of the owner of the copyright interest; a description of
the copyrighted work that you claim has been infringed; a description of where the material that you
claim is infringing is located on the Rateometer.com Website; your address, telephone number, and
email address; 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; 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.
10. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event
will Rateometer.com be liable to you or any third person for any exemplary, indirect, consequential,
incidental, special or punitive damages, including also any lost profits arising from your use of the
Rateometer.com Website or the Services, even if Rateometer.com has been advised of the possibility of
such form of damages. Notwithstanding anything to the contrary contained herein, Rateometer.com liability
to you for whatsoever cause, and regardless of the form of the action, will at all times be limited to
the amount that is paid, if any, by you as a member to Rateometer.com for the Service during the term
of the membership.
11. Indemnity. You agree to hold and indemnify Rateometer.com affiliates, its subsidiaries, agents,
officers, and other partners and employees, harmless from any loss, claim, liability, or demand,
including reasonable attorney's fees, made by any third party due to or arising out of your use of the
Rateometer.com Service in violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above. If You are a California
resident, You waive California Civil Code Section 1542, which says "A general release does not extend
to claims which the creditor does not know or suspect to exist in his favor at the time of executing
the release, which, if known by him must have materially affected his settlement with the debtor."
12. No Agency. There is no partnership, employee-employer, agency, franchisor-franchisee or joint venture,
relationship between Rateometer.com and any User of the Rateometer.com Service.
13. Other. This Agreement, accepted upon use of the Rateometer.com Website and further affirmed by
becoming a registered Member of the Service, contains the entire agreement between you and Rateometer.com
regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect. Failure of Rateometer.com to
enforce or exercise any right or provision of these stated Terms of Service shall not constitute a waiver
of such right or provision. The section titles in these Terms of Service are for convenience only and
have no legal or contractual effect.
Please contact us with questions you may have regarding this agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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