|
Terms of
Service / Terms of Use
Date of Last Revision: October 18, 2008
Welcome to Teen Expo MD, an Expo forum that connects
teens, community and business. The Teen Expo MD service
and network (collectively, "Teen Expo MD" or "the
Service") are operated by Womens Expo Forum, LLC. and
its corporate affiliates (collectively, "us", "we" or
"the Company"). By accessing or using our web site at
www.TeenExpoMD.com or the mobile version thereof
(together the "Site") or by posting a Share Button on
your site, 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 or not you are
a registered member of Teen Expo MD. We reserve the
right, at our sole discretion, to change, modify, add,
or delete portions of these Terms of Use at any time
without further notice. If we do this, we will post the
changes to these Terms of Use on this page and will
indicate at the top of this page the date these terms
were last revised. Your continued use of the Service or
the Site after any such changes constitutes your
acceptance of the new Terms of Use.
If you do not agree to abide by these or any future
Terms of Use, do not use or access (or continue to use
or access) the Service or the Site. It is your
responsibility to regularly check the Site to determine
if there have been changes to these Terms of Use and to
review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS,
REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS
LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION
CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This
Site is intended solely for users who are thirteen (13)
years of age or older, and users of the Site under 18
who are currently in high school or college. Any
registration by, use of or access to the Site by anyone
under 13, or by anyone who is under 18 and not in high
school or college, is unauthorized, unlicensed and in
violation of these Terms of Use. By using the Service or
the Site, you represent and warrant that you are 13 or
older and in high school or college, or else that you
are 18 or older, and that you agree to and to abide by
all of the terms and conditions of this Agreement.
Registration Data; Account Security
In consideration of your use of the Site, you agree to
(a) provide accurate, current and complete information
about you as may be prompted by any registration forms
on the Site ("Registration Data"); (b) maintain the
security of your password and identification; (c)
maintain and promptly update the Registration Data, and
any other information you provide to Company, to keep it
accurate, current and complete; and (d) be fully
responsible for all use of your account and for any
actions that take place using your account.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the
Service, including designs, text, graphics, pictures,
video, information, applications, software, music, sound
and other files, and their selection and arrangement
(the "Site Content"), are the proprietary property of
the Company, its users or its licensors with all rights
reserved. No Site Content may be modified, copied,
distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, or
sold in any form or by any means, in whole or in part,
without the Company's prior written permission, except
that the foregoing does not apply to your own User
Content (as defined below) that you legally post on the
Site. Provided that you are eligible for use of the
Site, you are granted a limited license to access and
use the Site and the Site Content and to download or
print a copy of any portion of the Site Content to which
you have properly gained access solely for your
personal, non-commercial use, provided that you keep all
copyright or other proprietary notices intact. Except
for your own User Content, you may not upload or
republish Site Content on any Internet, Intranet or
Extranet site or incorporate the information in any
other database or compilation, and any other use of the
Site Content is strictly prohibited. Such license is
subject to these Terms of Use and does not permit use of
any data mining, robots, scraping or similar data
gathering or extraction methods. Any use of the Site or
the Site Content other than as specifically authorized
herein, without the prior written permission of Company,
is strictly prohibited and will terminate the license
granted herein. Such unauthorized use may also violate
applicable laws including copyright and trademark laws
and applicable communications regulations and statutes.
Unless explicitly stated herein, nothing in these Terms
of Use shall be construed as conferring any license to
intellectual property rights, whether by estoppel,
implication or otherwise. This license is revocable at
any time without notice and with or without cause.
Trademarks
TEEN EXPO MD, THE TEEN EXPO MD, TEEN EXPO and other
Company graphics, logos, designs, page headers, button
icons, scripts and service names are registered
trademarks, trademarks or trade dress of Company in the
U.S. and/or other countries. Company's trademarks and
trade dress may not be used, including as part of
trademarks and/or as part of domain names, in connection
with any product or service in any manner that is likely
to cause confusion and may not be copied, imitated, or
used, in whole or in part, without the prior written
permission of the Company.
User Conduct
You understand that except for advertising programs
offered by us on the Site (e.g., Teen Expo MD Flyers,
Teen Expo MD Marketplace), the Service and the Site are
available for your personal, non-commercial use only.
You represent, warrant and agree that no materials of
any kind submitted through your account or otherwise
posted, transmitted, or shared by you on or through the
Service will violate or infringe upon the rights of any
third party, including copyright, trademark, privacy,
publicity or other personal or proprietary rights; or
contain libelous, defamatory or otherwise unlawful
material.
In addition, you agree not to use the Service or the
Site to:
 |
harvest or collect email addresses or other contact
information of other users from the Service or the Site
by electronic or other means for the purposes of sending
unsolicited emails or other unsolicited communications; |
 |
use the Service or the Site in any unlawful manner or
in any other manner that could damage, disable,
overburden or impair the Site; |
 |
use automated scripts to collect information from or
otherwise interact with the Service or the Site; |
 |
upload, post, transmit, share, store or otherwise make
available any content that we deem to be harmful,
threatening, unlawful, defamatory, infringing, abusive,
inflammatory, harassing, vulgar, obscene, fraudulent,
invasive of privacy or publicity rights, hateful, or
racially, ethnically or otherwise objectionable; |
 |
upload, post, transmit, share, store or otherwise make
available any videos other than those of a personal
nature that: (i) are of you or your friends, (ii) are
taken by you or your friends, or (iii) are original art
or animation created by you or your friends; |
 |
register for more than one User account, register for
a User account on behalf of an individual other than
yourself, or register for a User account on behalf of
any group or entity; |
 |
impersonate any person or entity, or falsely state or
otherwise misrepresent yourself, your age or your
affiliation with any person or entity; |
 |
upload, post, transmit, share or otherwise make
available any unsolicited or unauthorized advertising,
solicitations, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or any other
form of solicitation; |
 |
upload, post, transmit, share, store or otherwise make
publicly available on the Site any private information
of any third party, including, addresses, phone numbers,
email addresses, Social Security numbers and credit card
numbers; |
 |
solicit personal information from anyone under 18 or
solicit passwords or personally identifying information
for commercial or unlawful purposes; |
 |
upload, post, transmit, share 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; |
 |
intimidate or harass another; |
 |
upload, post, transmit, share, store or otherwise make
available content that would constitute, encourage or
provide instructions for a criminal offense, 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 the Company, or create
a false identity on the Service or the Site. |
 |
upload, post, transmit, share, store or otherwise make
available content that, in the sole judgment of Company,
is objectionable or which restricts or inhibits any
other person from using or enjoying the Site, or which
may expose Company or its users to any harm or liability
of any type. |
 |
Without limiting any of the foregoing, you also agree to
abide by our Teen Expo MD Code of Conduct that provides
further information regarding the authorized conduct of
users on Teen Expo MD. |
User Content Posted on the Site
You are solely responsible for the photos, profiles
(including your name, image, and likeness), messages,
notes, text, information, music, video, advertisements,
listings, and other content that you upload, publish or
display (hereinafter, "post") on or through the Service
or the Site, or transmit to or share with other users
(collectively the "User Content"). You may not post,
transmit, or share User Content on the Site or Service
that you did not create or that you do not have
permission to post. You understand and agree that the
Company may, but is not obligated to, review the Site
and may delete or remove (without notice) any Site
Content or User Content in its sole discretion, for any
reason or no reason, including User Content that in the
sole judgment of the Company violates this Agreement or
the Teen Expo MD Code of Conduct, or which might be
offensive, illegal, or that might violate the rights,
harm, or threaten the safety of users or others. You are
solely responsible at your sole cost and expense for
creating backup copies and replacing any User Content
you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize
and direct us to make such copies thereof as we deem
necessary in order to facilitate the posting and storage
of the User Content on the Site. By posting User Content
to any part of the Site, you automatically grant, and
you represent and warrant that you have the right to
grant, to the Company an irrevocable, perpetual,
non-exclusive, transferable, fully paid, worldwide
license (with the right to sublicense) to use, copy,
publicly perform, publicly display, reformat, translate,
excerpt (in whole or in part) and distribute such User
Content for any purpose, commercial, advertising, or
otherwise, on or in connection with the Site or the
promotion thereof, to prepare derivative works of, or
incorporate into other works, such User Content, and to
grant and authorize sublicenses of the foregoing. You
may remove your User Content from the Site at any time.
If you choose to remove your User Content, the license
granted above will automatically expire, however you
acknowledge that the Company may retain archived copies
of your User Content. Teen Expo MD does not assert any
ownership over your User Content; rather, as between us
and you, subject to the rights granted to us in these
Terms, you retain full ownership of all of your User
Content and any intellectual property rights or other
proprietary rights associated with your User Content.
Teen Expo MD Mobile Services
The Service includes certain services that are available
via your mobile phone, including (i) the ability to
upload content to Teen Expo MD via your mobile phone
(Mobile Uploads), (ii) the ability to receive and reply
to Teen Expo MD messages, to poke and receive pokes and
to write wall posts using text messaging (Mobile Texts),
(iii) the ability to browse Teen Expo MD from your
mobile phone (Mobile Web), and (iv) the ability to
access certain Teen Expo MD features through a mobile
application you have downloaded and installed on your
mobile phone (Mobile Client) (collectively the "Mobile
Services"). We do not charge for these Mobile Services.
However, your carrier's normal messaging, data and other
rates and fees will still apply. You should check with
your carrier to find out what plans are available and
how much they cost. In addition, downloading,
installing, or using certain Mobile Services may be
prohibited or restricted by your carrier, and not all
Mobile Services may work with all carriers or devices.
Therefore, you should check with your carrier to find
out if the Mobile Services are available for your mobile
devices, and what restrictions, if any, may be
applicable to your use of such Mobile Services. By using
the Mobile Services, you agree that we may communicate
with you regarding Teen Expo MD and other entities by
SMS, MMS, text message or other electronic means to your
mobile device and that certain information about your
usage of the Mobile Services may be communicated to us.
In the event you change or deactivate your mobile
telephone number, you agree to promptly update your Teen
Expo MD account information to ensure that your messages
are not sent to the person that acquires your old
number.
Copyright Complaints
We respect the intellectual property rights of others
and we prohibit users from uploading, posting or
otherwise transmitting on the Teen Expo MD website or
service any materials that violate another party's
intellectual property rights. When we receive proper
Notification of Alleged Copyright Infringement as
described in our Teen Expo MD Copyright Policy, we
promptly remove or disable access to the allegedly
infringing material and terminate the accounts of repeat
infringers as described herein in accordance with the
Digital Millenium Copyright Act. If you believe that any
material on the Site infringes upon any copyright which
you own or control, you may send a written notification
of such infringement to our Designated Agent. Please see
our Teen Expo MD Copyright Policy for more information
on how to report infringement of your copyright.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act
(DMCA) and other applicable law, Company has adopted a
policy of terminating, in appropriate circumstances and
at Company's sole discretion, members who are deemed to
be repeat infringers. Company may also at its sole
discretion limit access to the Site and/or terminate the
memberships of any users who infringe any intellectual
property rights of others, whether or not there is any
repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site
or the Service) links to other web sites ("Third Party
Sites") as well as articles, photographs, text,
graphics, pictures, designs, music, sound, video,
information, applications, software and other content or
items belonging to or originating from third parties
(the "Third Party Applications, Software or Content").
Such Third Party Sites and Third Party Applications,
Software or Content are not investigated, monitored or
checked for accuracy, appropriateness, or completeness
by us, and we are not responsible for any Third Party
Sites accessed through the Site or any Third Party
Applications, Software or Content posted on, available
through or installed from the Site, including the
content, accuracy, offensiveness, opinions, reliability,
privacy practices or other policies of or contained in
the Third Party Sites or the Third Party Applications,
Software or Content. Inclusion of, linking to or
permitting the use or installation of any Third Party
Site or any Third Party Applications, Software or
Content does not imply approval or endorsement thereof
by us. If you decide to leave the Site and access the
Third Party Sites or to use or install any Third Party
Applications, Software or Content, you do so at your own
risk and you should be aware that our terms and policies
no longer govern. You should review the applicable terms
and policies, including privacy and data gathering
practices, of any site to which you navigate from the
Site or relating to any applications you use or install
from the site.
Share Service
Company offers a feature whereby users of the Site can
share with others or post to their own member profile,
videos, articles and other Third Party Applications,
Software or Content from, and/or links to, Third Party
Sites through the Service (the "Share Service"). You
acknowledge and agree that your use of the Share
Services and all links, User Content or Third Party
Applications, Software or Content shared through the
Share Service is subject to, and will fully comply with
the user conduct rules set forth above and the other
terms and conditions set forth in these Terms of Use.
Use of Share Links by Online Content Providers
Subject to the terms and conditions of these Terms of
Use, Third Party Sites that meet the requirements set
forth below may place a Share Link (as described below),
in the form approved by Company, on pages of their web
sites to facilitate use of the Share Service. A Third
Party Site that posts a Share Link on its web site is
referred to herein as an "Online Content Provider" and
shall abide and be subject to the applicable sections of
these Terms of Use. A "Share Link" is a button and/or a
text link appearing on an Online Content Provider's web
page that, upon being clicked by a user, enables us to
launch a sharing mechanism through which users can share
with others or post to their own member profile, links
and content from that page.
In the event that the Share Link is a button that
contains any icons or other graphic images, trademarks
or other proprietary materials of the Company, Online
Content Provider is granted permission to use such
images, trademarks or other materials solely for the
purpose of placing the Share Link on Online Content
Provider's site and solely in the current form provided
by the Company. In the event that the Share Link is a
text link, it must include the word "Teen Expo MD" as
part of the link. The rights granted in this paragraph
may be revoked by Company at any time with or without
cause in its sole discretion, and upon such termination,
Online Content Provider agrees to immediately remove all
Share Links from its site.
In order for an Online Content Provider to include a
Share Link on its pages, the Third Party Site must not
contain any web content that if shared or posted by a
user would be a violation of the user conduct rules set
forth above. Without limiting the forgoing, Online
Content Provider agrees not to post a Share Link on any
web site that contains, and represents and warrants that
such web site does not and will not contain, any content
that is infringing, harmful, threatening, unlawful,
defamatory, abusive, inflammatory, harassing, vulgar,
obscene, lewd, fraudulent, or invasive of privacy or
publicity rights or that may expose Company or its users
to any harm or liability of any type. Upon including of
a Share Link, Online Content Provider agrees to defend,
indemnify and hold the Company, its subsidiaries and
affiliates, and each of their directors, officers,
agents, contractors, partners and employees, harmless
from and against any loss, liability, claim, demand,
damages, costs and expenses, including reasonable
attorney's fees, arising out of or in connection with
such Share Link, any links, content or other items or
materials which may be shared or posted through such
Share Link, or any breach or alleged breach of the
foregoing representations and warranties.
By including a Share Link, Online Content Provider
automatically grants, and represents and warrants that
it has the right to grant, to the Company an
irrevocable, perpetual, non-exclusive, transferable,
fully paid, worldwide license (with the right to
sublicense) to use the Share Service in order to link
to, use, copy, publish, stream, publicly perform,
publicly display, reformat, translate, excerpt (in whole
or in part), summarize, and distribute the content,
links and other materials of any kind residing on any
web pages on which Online Content Provider places the
Share Link.
Teen Expo MD Marketplace
All listings posted on or through the Teen Expo MD
Marketplace service and all transactions conducted in
connection therewith are subject to and governed by the
Teen Expo MD Marketplace Guidelines (the "Guidelines")
as well as these Terms of Use. When you use Teen Expo MD
Marketplace in any manner you are agreeing to abide by
and be subject to the Guidelines and the other
applicable rules set forth in these Terms of Use. The
Guidelines are subject to change without prior notice at
any time, in the Company's sole discretion, so you
should review the Guidelines each time you use Teen Expo
MD Marketplace. Parties to a transaction are solely
responsible for all interactions with each other, for
arranging for payment and the exchange of the goods or
services purchased if applicable, and for the results
and performance of any transaction or relationship
entered into through Teen Expo MD Marketplace. You
acknowledge that Teen Expo MD is not responsible or
liable for any action or inaction of any party to a
transaction, for any failure to perform, to pay any
amounts due, or to deliver any merchandise or services
as promised, or for any other aspect of the transaction.
Any fees or payments collected by Teen Expo MD
applicable to Teen Expo MD Marketplace are set forth on
the Site, and all terms and conditions applicable to
such fees are set forth in the Teen Expo MD Terms of
Sale However, please note that the Terms of Sale do not
apply to your purchases of products or services from
third parties through Teen Expo MD Marketplace, as those
transactions are strictly between you and the other
party to the transaction. ALL USE OF TEEN EXPO MD
MARKETPLACE IS PROVIDED "AS IS" AND AT YOUR OWN RISK.
Teen Expo MD Platform Applications
The Teen Expo MD Platform is a set of APIs and services
provided by Teen Expo MD that enable third-party
developers ("Platform Developers") to create websites
and applications that retrieve data made available by
Teen Expo MD and its users and/or that retrieve
authorized data from third-party sites for use on the
Teen Expo MD Site ("Platform Applications")
Platform Developers may use the Teen Expo MD Platform
and create Platform Applications only in accordance with
the terms and conditions set forth in an agreement
entered into between Teen Expo MD and the Platform
Developer ("Developer Terms"). Our standard Developer
Terms consist of the Teen Expo MD Developer Terms of
Service and the related Teen Expo MD Platform
Application Guidelines. We may from time to time enter
into separate agreements with certain third party
Platform Developers that contain different or additional
terms, provided however, that each such separate
agreement will require the third party Platform
Developer to only display your information in accordance
with your Teen Expo MD privacy settings. The standard
Developer Terms are subject to change without prior
notice at any time, in the Company's sole discretion, so
you should review these documents from time to time. ALL
USE OF THE TEEN EXPO MD PLATFORM IS PROVIDED "AS IS" AND
AT YOUR OWN RISK.
Users who install Platform Applications must agree to
the terms and conditions set forth in the Platform
Application Terms of Use ("Application User Terms") and
in these Terms of Use. The Application User Terms are
subject to change without prior notice at any time, in
the Company's sole discretion, so you should review
these terms each time you install an application and
from time to time. Platform Developers may require you
to agree to their own terms of service, privacy policies
and/or other policies as a condition of using Platform
Applications. Platform Applications have not been
approved, endorsed, or reviewed in any manner by Teen
Expo MD, and we are not responsible for your use of or
inability to use any Platform Applications, including
the content, accuracy, or reliability of such
Application and the privacy practices or other policies
of Developers. YOU USE SUCH PLATFORM APPLICATIONS AT
YOUR OWN RISK.
If you, your friends or members of your network use any
Platform Applications, such Platform Applications may
access and share certain information about you with
others in accordance with your privacy settings as
further described in our Privacy Policy. Platform
Developers are required to agree to restrictions on
access, storage and use of such information. However,
while we have undertaken contractual and technical steps
to restrict possible misuse of such information by such
Platform Developers, we do not screen or approve
Developers, and we cannot and do not guarantee that all
Platform Developers will abide by such restrictions and
agreements. Certain actions you take through the
Platform Applications may be displayed to your friends
in your profile, mini-feed and news feed, and you may
opt-out of displaying your Platform Application actions
on the Privacy Settings page. Please report any
suspected misuse of information through the Teen Expo MD
Platform as described in our Privacy Policy.
Teen Expo MD Pages
Teen Expo MD Pages are special profiles used solely for
commercial, political, or charitable purposes. You may
not set up a Teen Expo MD Page on behalf of another
individual or entity unless you are authorized to do so.
This includes fan Teen Expo MD Pages, as well as Teen
Expo MD Pages to support or criticize another individual
or entity.
TEEN EXPO MD DOES NOT PRE-SCREEN OR APPROVE TEEN EXPO MD
PAGES, AND CANNOT GUARANTEE THAT A TEEN EXPO MD PAGE WAS
ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL
OR ENTITY THAT IS THE SUBJECT OF A TEEN EXPO MD PAGE.
NOR IS TEEN EXPO MD RESPONSIBLE FOR THE CONTENT OF ANY
TEEN EXPO MD PAGE, OR ANY TRANSACTIONS ENTERED INTO OR
OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY TEEN
EXPO MD PAGE, INCLUDING HOW THE OWNER OF THE TEEN EXPO
MD PAGE COLLECTS, HANDLES, USES AND / OR SHARES ANY
PERSONAL INFORMATION IT MAY COLLECT FROM USERS (PLEASE
REVIEW THE TEEN EXPO MD PRIVACY POLICY IF YOU HAVE ANY
QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF
YOUR PERSONAL INFORMATION). YOU SHOULD BE CAREFUL BEFORE
PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO
ANY TRANSACTION IN CONNECTION WITH A TEEN EXPO MD PAGE.
In addition to these Terms of Use, Teen Expo MD Pages
are subject to and governed by certain Additional Terms
Applicable to Teen Expo MD Pages. The Additional Terms
Applicable to Teen Expo MD Pages control in the event of
any conflict between them and the Terms of Use.
Terms of Sale
Please refer to our Terms of Sale for the terms,
conditions and policies applicable to your purchase of
products or services from Company. By ordering products
or services from Company through the Site, you agree to
be bound by and accept the Terms of Sale. The Terms of
Sale are subject to change without prior notice at any
time, in Company's sole discretion so you should review
the Terms of Sale each time you make a purchase.
User Disputes
You are solely responsible for your interactions with
other Teen Expo MD users. We reserve the right, but have
no obligation, to monitor disputes between you and other
users.
Privacy
We care about the privacy of our users. Click here to
view the Teen Expo MD's Privacy Policy. By using the
Site or the Service, you are consenting to have your
personal data transferred to and processed in the United
States.
Disclaimers
The Company is not responsible or liable in any manner
for any User Content or Third Party Applications,
Software or Content posted on the Site or in connection
with the Service, whether posted or caused by users of
the Site, by Teen Expo MD, by third parties or by any of
the equipment or programming associated with or utilized
in the Site or the Service. Although we provide rules
for user conduct and postings, we do not control and are
not responsible for what users post, transmit or share
on the Site and are not responsible for any offensive,
inappropriate, obscene, unlawful or otherwise
objectionable content you may encounter on the Site or
in connection with any User Content or Third Party
Applications, Software or Content. The Company is not
responsible for the conduct, whether online or offline,
of any user of the Site or Service.
The Site and the Service may be temporarily unavailable
from time to time for maintenance or other reasons.
Company 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. The Company is not
responsible for any technical malfunction or other
problems of any telephone network or service, computer
systems, servers or providers, computer or mobile phone
equipment, software, failure of email or players on
account of technical problems or traffic congestion on
the Internet or at any Site or combination thereof,
including injury or damage to User's or to any other
person's computer, mobile phone, or other hardware or
software, related to or resulting from using or
downloading materials in connection with the Web and/or
in connection with the Service, including any Mobile
Client software. Under no circumstances will the Company
be responsible for any loss or damage, including any
loss or damage to any User Content or personal injury or
death, resulting from anyone's use of the Site or the
Service, any User Content or Third Party Applications,
Software or Content posted on or through the Site or the
Service or transmitted to Users, or any interactions
between users of the Site, whether online or offline.
THE SITE, THE SERVICE (INCLUDING THE MOBILE SERVICES,
THE SHARE SERVICE AND THE MARKETPLACE SERVICE), ANY
PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED
"AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES
NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE
AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS.
COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE,
CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY
PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE,
CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS
SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU
SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF
ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE
INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT
VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND
AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT,
MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT)
FROM OR THROUGH THE SERVICE AND ANY PLATFORM
APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND
ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM,
LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all
content, software and other items used or contained in
the Site and any Services and Platform Applications
offered through the Site at any time without notice.
Reference to any products, services, processes or other
information, by trade name, trademark, manufacturer,
supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or
any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL
OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR
LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE
SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE
CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR
DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE
OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, THE COMPANY'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 COMPANY FOR THE SERVICE DURING THE TERM OF
MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY
TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE
PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO
INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY
LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND
FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Termination
The Company may terminate your membership, delete your
profile and any content or information that you have
posted on the Site or through any Platform Application
and/or prohibit you from using or accessing the Service
or the Site or any Platform Application (or any portion,
aspect or feature of the Service or the Site or any
Platform Application) for any reason, or no reason, at
any time in its sole discretion, with or without notice,
including if it believes that you are under 13, or under
18 and not in high school or college. When we are
notified that a user has died, we will generally, but
are not obligated to, keep the user's account active
under a special memorialized status for a period of time
determined by us to allow other users to post and view
comments.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you
agree that the laws of the State of Delaware, without
regard to principles of conflict of laws, will govern
these Terms of Use and any dispute of any sort that
might arise between you and the Company or any of our
affiliates. 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
YOU AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE
PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN
ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE
SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL
DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING
OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE
(INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE
SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except
that: (a) to the extent that either of us has in any
manner infringed upon or violated or threatened to
infringe upon or violate the other party's patent,
copyright, trademark or trade secret rights, or you have
otherwise violated any of the user conduct rules set
forth above or in the Code of Conduct then the parties
acknowledge that arbitration is not an adequate remedy
at law and that injunctive or other appropriate relief
may be sought; and (b) no disputes or claims relating to
any transactions you enter into with a third party
through the Teen Expo MD Marketplace may be arbitrated.
Arbitration under this Agreement shall be conducted by
the American Arbitration Association (the "AAA") under
its Commercial Arbitration Rules and, in the case of
consumer disputes, the AAA's Supplementary Procedures
for Consumer Related Disputes ( the "AAA Consumer
Rules") (collectively the "AAA Rules"). The location of
the arbitration and the allocation of costs and fees for
such arbitration shall be determined in accordance with
such AAA Rules and shall be subject to the limitations
provided for in the AAA Consumer Rules (for consumer
disputes). If such costs are determined to be excessive
in a consumer dispute, the Company will be responsible
for paying all arbitration fees and arbitrator
compensation in excess of what is deemed reasonable. The
arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO
ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE
JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY
ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR
FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION
PROCEEDINGS SHALL BE PERMITTED. In no event shall any
claim, action or proceeding by you related in any way to
the Site and/or the Service (including your visit to or
use of the Site and/or the Service) be instituted more
than three (3) years after the cause of action arose.
Indemnity
You agree to indemnify and hold the Company, its
subsidiaries and affiliates, and each of their
directors, officers, agents, contractors, partners and
employees, harmless from and against any loss,
liability, claim, demand, damages, costs and expenses,
including reasonable attorney's fees, arising out of or
in connection with any User Content, any Third Party
Applications, Software or Content you post or share on
or through the Site (including through the Share
Service), your use of the Service or the Site, your
conduct in connection with the Service or the Site or
with other users of the Service or the Site, or any
violation of this Agreement or of any law or the rights
of any third party.
Submissions
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback or other information about
the Site or the Service ("Submissions"), provided by you
to Company are non-confidential and shall become the
sole property of Company. Company shall own exclusive
rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and
dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or
compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes",
"including", "e.g.,", "for example", and other similar
terms are deemed to include the term "without
limitation" immediately thereafter. Terms used in these
Terms with the initial letter(s) capitalized will have
the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement
between you and Company 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.
Copyright © 2008 TeenExpoMD.com and Womens Expo Forum, LLC
|