Revised February 20, 2009
1. DESCRIPTION OF OUR WEB SITE
Our Web Site consists of text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks and other content (“Content”) that is published, posted, uploaded, distributed, disseminated or otherwise made available (“Posted”) to the general public. Our Web Site is dedicated to providing a means of organizing and displaying material created by third parties. Our Web Site’s Content includes but is not limited to ratings, comments, discussions, and links to other services. The Content conveyed by the site is the responsibility of the third party creators. We have no responsibility for such content and are merely providing access to such Content as a service to you. The nature of the Web Site encourages open discussion, which may result in the automatic posting of offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases material that has been mislabeled or is otherwise deceptive. Users of our Web Site are expected to exercise caution, common sense, and proper judgment when viewing this Content.
2. WRITING A REVIEW, MEMBER ACCOUNT, PASSWORDS AND SECURITY
If you become a member of our community, you will receive a password and account designation upon completing registration process for our Web Site. 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 us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
3. OUR LICENSE TO YOU
4. YOUR LICENSE TO US
We do not claim ownership of Content you Post to our Web Site (including through a Web link to another Web site). However, with respect to any Content you Post on our Web Site, you grant us a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, sublicense (including through multiple tiers of sublicensees), publicly perform and publicly display such Content on our Web Site. This license exists only for as long as you elect to continue to include such Content on our Web Site and will terminate at the time you remove or we remove such Content from our Web Site.
5. YOUR CONDUCT
You understand that all Content Posted on our Web Site is the sole responsibility of the person who Posted such Content. This means that you, and not us, are entirely responsible for all Content that you Post. We do not control the Content Posted on Our Web Site and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You accept responsibility for your own communications on and participation with our Web Site. You agree to use our Web Site only in a manner that is legal, proper and related to the purposes of our Web Site. You agree not to:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Post any false, inappropriate, infringing, obscene or unlawful or defamatory Content (including personal information of other users).
- Post any Content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
- Post any unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation of any kind.
- Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content that is Posted.
- Create alias identities to post multiple ratings or comments for an individual item or an individual cleaning company on a ratings list or reviews list.
- Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Content (other than Your Content) or access to our Web Site.
- Post any Content 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.
- Interfere or attempt to interfere with the proper working of our Web Site or any activities conducted on our Web Site
- 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 (such as The New York Stock Exchange or NASDAQ), and any regulations having the force of law.
- Provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States Government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
- Collect or store personal data about other users (including email addresses) without their consent.
6. OUR RIGHT TO REMOVE YOUR CONTENT
7. OUR RIGHT TO TERMINATE YOUR ACCESS TO OUR WEB SITE
Regardless of the medium of the Content, for so long as any Content you Post remains Posted on our Web Site, you agree that we may allow advertising of any nature alongside such Content, and waive any right you might have to consent or object to such advertising, including without limitation, the right to assert any copyright, trademark right or other proprietary right. Furthermore, you agree that you will not attempt to obstruct, undermine or interfere with such advertising.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web Site, 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 we 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 Web Site.
9. DISCLAIMER OF WARRANTIES; LIMITATIONS ON OUR LIABILITY
The Content on our Web Site is provided “as is,” and on an “as available” basis, without any warranties of any kind. We disclaim all warranties, whether express, implied or statutory, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy, reliability, completeness, timeliness, or statistical significance of the Content or that the Content will meet your requirements or expectations. Moreover, we do not warrant that our Web Site will operate error-free, that access to our Web Site will not be interrupted or that our Web Site or its server(s) are free of computer viruses or other harmful items.
If your use of our Web Site or the material results in the need for servicing or replacing equipment or data, we are not responsible for those costs. Third parties provide much of the Content on our Web Site and we shall not be held responsible for such Content, whether it comes from users of our Web Site, advertisers on our Web Site or any other third party.
We make no claims that the Content is appropriate for any particular purpose or audience, or that it may be downloaded outside of the United States. Access to the Content (including any software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
You expressly understand that in no event shall we be liable to you or any third party for any damages whatsoever (including, without limitation, direct, indirect, incidental, consequential, special, punitive, exemplary or lost profits) resulting from the use or inability to use our Web Site or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not we are advised of the possibility of such damages.
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 this Section 9 may not apply to you.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, partners and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Additionally, If you are a California resident, you waive California Civil Code §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.”
13. PUBLIC NATURE OF OUR WEB SITE
14. NO LIABILITY FOR CONTENT
We do not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any Content Posted on our Web Site. You acknowledge that any reliance on material Posted on our Web Site will be at your own risk. We cannot monitor all Content that is Posted on our Web Site, and therefore we have no obligation to monitor the Content. However, we reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, for any reason whatsoever, at our sole discretion.
15. LINKED WEB SITES
Our Web Site contains links to third party Web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by us of the content of such third-party Web sites. We are not responsible or liable for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third-party Web sites, including (without limitation) any advertisements, materials or products. If you decide to access linked third-party Web sites through any Content Posted by you, you acknowledge that you do so at your own risk. You further acknowledge and agree that we 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. INFRINGEMENT OF PROPRIETARY RIGHTS
We respect the intellectual property rights of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion, suspend and/or terminate your account if we believe you are intentionally infringing upon a third parties’ proprietary rights or if you repeatedly infringe on third parties’ proprietary rights, whether such infringement is intentional or not. Additionally, we may, in appropriate circumstances and at our sole discretion, remove, or disable access to, Content on our Web Site that infringes on the rights of others.
If you believe that Your Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our legal department with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Web Site;
- your address, telephone number, and email address;
- a 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 or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please note that we may not act upon any notice that is not accompanied by a statement made under penalty of perjury, as described above.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent, c/o MyCleaningReviews.com, 11 Madan st, Ruse, Bulgaria, Europe
By email: info@MyCleaningReviews.com
17. GENERAL PRACTICES REGARDING OUR WEB SITE
You acknowledge that we may establish general practices and limits concerning use of our Web Site and storage of Content, including without limitation the maximum number of days that Content will be retained by us, the maximum amount of Content that may be Posted by you, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access our Web Site in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any Content Posted by you. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to modify these general practices and limits from time to time.
18. TERMINATION OF OUR WEB SITE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Web Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Web Site.
19. INTERSTATE COMMUNICATIONS
20. EXPORT CONTROL LAWS
The United States Government controls the export and/or import of certain products and information. You agree to comply with such restrictions and not to import, re-import, export or re-export Content (including any software) to countries or persons prohibited under the export control laws. By downloading Content (including any software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of Content.
- You agree that your membership in our community is non-transferable.