MYPAGE5.COM Terms of use
1.1 BACKGROUND.
Welcome to MyPage5.com, the social networking website where members create unique personal profiles, exchange private or public messages, list items and services on the classified section, create band pages, join groups of friends and upload and share video clips on MyPage5.com and across the Internet. Everyone can watch video clips on MyPage5.com, see first hand accounts of current events, and find videos about their hobbies and interest. MyPage5.com also provides a revenue sharing system where members get a percentage of advertising revenue and donate it to charity of their choice. These terms and conditions of use of the application MyPage5.com ("MyPage5.com", "MyPage5.com Services", "MyPage5", "we" or "us") set out the terms by which you are legally bound for use of the services provided by MyPage5.com. Under the Companies Act 1985 MyPage5.com is a company registered in England under registration no. 6288142. MyPage5.com may modify this Agreement from time to time and such modification shall be effective when posted by MyPage5.com on the MyPage5.com website. MyPage5.com will inform its members by email regarding such modifications. If you do not agree with the modification you have the right to terminate your membership with MyPage5.com. You agree be bound to changes to this Agreement when you use the MyPage5.com services after the modification has taken place and posted for at least two weeks. It is therefore imperative that you review this Agreement from time to time to ensure you are updated as to any changes. Please be mindful of information you post on MyPage5.com and information that you provide to other users. Your personal profile information on Mypage5.com should not include the following: telephone numbers, your street addresses, any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Information provided by MyPage5.com members in their profile may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services despite this prohibition. MyPage5.com assumes no responsibility or liability for this material. If you become aware of misuse of MyPage5.com by any person, please contact MyPage5.com via email on: complaints@mypage5.com 1.2 Eligibility. You must be 16 years of age or older to use the Mypage5.com service. By registering for the Mypage5.com service, it is assumed that you are 16 or older and that you have ability to understand, agree to and comply with these Terms of Use. You should provide true, accurate registration information to be a member of Mypage5.com. During registration, you will be asked to provide an email address and password and you will be responsible for all activities occurring under your email address and for keeping your password safe. As part of the registration process, you will need to provide your name as well as a name for your personal MyPage5.com URL. We may refuse to let you use a name that impersonates someone else, is or may be protected by trademark or proprietary rights law or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. 1.3 Non commercial use by members. The Mypage5.com services are for the personal use of members only and may not be used in connection with any commercial endeavours except those that are specifically approved by MyPage5.com. Illegal and unauthorized use of the Mypage5.com services, including collecting personal information and or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Mypage5.com website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate and immediate legal action will be taken for any illegal or unauthorized use of the MyPage5.com services. 1.4 Proprietary Rights MyPage5.com does not claim any ownership rights in any text, files, images, photos video, sounds, musical works, works of authorship, or any other material collectively referred to as "content" that you post to MyPage5.com website. After submitting. Posting or displaying Material on or through the MyPage5.com services or on the Mypage5.com website, you continue to retain all ownership rights in such Material, and you continue to have the right to use your Material in any way you choose. By submitting, posting or displaying any Material on or through the MyPage5.com service, you hereby grant to Mypage5.com a limited license to use, modify, publicly display, reproduce, and distribute such Material and all components or underlying works making up the Material solely on and through Mypage5.com. Without this license, MyPage5.com would be unable to provide the MyPage5.com services. For example, without the right to modify Member content, MyPage5.com would not be able to digitally compress music files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly display Member content, MyPage5.com could not allow users to listen to music posted by members. The license you grant to Mypage5.com is non-exclusive, meaning you are free to license your Content to anyone else in addition to MyPage5.com, fully-paid and royalty-free (Meaning that MyPage5.com is not required to pay you for the use on the Mypage5 Service of content that you post), sub licensable so that MyPage5.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Mypage5.com Services, and worldwide (because the Internet and the MyPage5.com are global in reach). This license will terminate at the time you remove all your Material from the MyPage5.com Service, except that you agree that the license will continue solely with respect to other Members’ continued use of your Material that is not music or videos (i.e. photo or skins). Provided, however if you remove any of the Materials from the MyPage5.com service, MyPage5.com reserve the right to remove all of your Material from other Members’ pages. The license dose not grants MyPage5.com the right to sell your Material, nor does the license grant MyPage5.com the right to distribute your Material outside of the MyPage5.com Service. You represent and warrant that (i) you own the Material posted by you on or through the MyPage5.com Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Material on or through the MyPage5.com Service does not violate the privacy rights, publicity rights, copyrights, contact rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Material posted by you to or through the MyPage5.com Service. MyPage5.com and its affiliates and licensors own any retain all rights in the MyPage5.com website and MyPage5.com Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout and (6) design presented through as part of the MyPage5.com Service by Mypage5.com. Except as expressly authorized by MyPage5.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of MyPage5.com‘s proprietary information. 1.5 Content Posted. MyPage5.com may delete any Content that in the sole judgment of MyPage5.com violate the rights, harm, or threaten the safety of any person. Mypage5.com assumes no responsibility for monitoring the MyPage5 Service for the inappropriate content or conduct. If at any time Mypage5.com chooses, in its sole discretion, to monitor the MyPage5.com Services, MyPage5.com nonetheless assumes no responsibility for the content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the MyPage5 Services, and any material or information that you transmit to other Members and for your interactions with other Users. MyPage5.com does not endorse and has no control over the Content. Content is not necessarily reviewed by MyPage5.com prior to posting and does not necessarily reflect the opinions or policies of MyPage5.com. MyPage5.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. 1.6 Privacy Policy. The MyPage5.com Privacy Policy is a fundamental part of this Agreement and must be well understood prior to any user accepting this Agreement. By accepting this Agreement, all users consent to MyPage5.com managing their personal data as we deem fit as detailed in our Privacy Policy. We caution that due to the very universal manner of the World Wide Web anything that you decide to post on the MyPage5.com Service coupled with any personal information will be made accessible to internet users worldwide unless you decide to restrict viewing of your detailed profile to your trusted friends. In agreeing to this Agreement, you additionally agree for such eventuality. 1.7 Copyright Policy You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. MyPage5.com respects the intellectual property right of others and will terminate any user’s access to the MyPage5.com website according to these terms of use if MyPage5.com is notified that such user’s activities infringe the rights of third parties on more than one occasion. If you believe that your work or the work of a third party on whose behalf you are entitled to act has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification Notice with us, by sending a written communication which should include the following information, in the same order as set out in (i) to (x) below: (i) statement that you have identified material on the Mypage5.com website which infringes your copyright or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable; (ii) a description of the copyrighted work or sound recording and any relevant further details such as the title and date of publication, as applicable; (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the MyPage5.com website including a URL and /or screen shot; (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they contact you directly, in other to attempt to resolve the complaint, (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner or by third party who is legally entitled to do so on behalf of the copyright owner and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf and (x) an electronic or physical signature which may be a scanned copy of the copyright owner. Once you have completed the Notice, having included all of the information set out above, please send it to: [Attn: MyPage5.com Copyright Infringement Notification] 37 Stanmore Hill, Stanmore HA7 3DS United Kingdom Email: copyright@mypage5.com If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to MyPage5.com. ‘This notice and takedown’ process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to MyPage5.com in bad faith. If you believe that any material that you have uploaded on the Mypage5.com website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (‘Counter-Notice’) with us, by sending a written communication which should include the following information, in the same order as is set in (i) to (iv) below: (i) Specific details of the materials that has been removed or to which MyPage5.com has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person or an authorized representative of such person who provided Mypage5.com with the complaint in question; (iii) a statement by you that you believe acting in good faith that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature which may be scanned copy.
1.8 Operation of MyPage5.com Services. We reserve the right at any time to withdraw or modify the entire aspects of the MyPage5.com Services provided we have a legal or commercial reason in which to do so. There may be events in which the MyPage5.com Service may become inaccessible due to technical faults or difficulties being experienced by MyPage5.com or the internet. However, in the case of such events we will try our ultimate best to overcome and use reasonable skill to rectify such abnormalities so long as they are within our power to do so. Also please make note that where such incidences take place we owe no legal liability to you. 1.9 Misuse of MyPage5.com Service. MyPage5.com reserves the right at any time (i) to suspend or nullify the access of any Member to the entire or parts of the MyPage5.com Service, and/or (ii) to remove or require the Member to remove any material that appears to be in breach of any provision of this Agreement posted on the MyPage5.com Service. In the event whereby a person’s access has been suspended or terminated, they are not consented to re-register or regain access to the service prior to the consent of MyPage5.com. You will be held fully responsible for everything that takes place on or through the MyPage5.com Service while your Membership account is logged onto the MyPage5.com Service or via your email address (as). We additionally reserve the right to suspend or terminate any member’s access to the MyPage5.com Service whereby we feel that the member in question is abusive, discriminatory, threatening or harasses or communicates offensive messages or images to another Member whether or not this takes place through the MyPage5.com Service or not. Also just to clarify, where we reserve any right in this Agreement, it does not imply that we are obliged to exercise it. Also play heed to the fact that due to the open-access nature of the MyPage5.com Service it is not ultimately always in our ability to exclude determined people of whom their membership has been subject to suspension or termination from regaining access or re-registering as a Member in breach of their obligations under this Agreement. 1.10 Relevance. MyPage5.com has been initiated with the intention to be used by its Members for those purposes as referred to in Clause 2 of this Agreement above. So forth, Members must refrain from: Incorporating an email address, postal address, phone number, the website address or any further information with the intention to facilitate direct communication, in material posted on the MyPage5.com Service. However, members and the recipients of their emails can share information at their wish once direct contact has been made; Placing material on or use the MyPage5.com Service for any form of business or commercial use for your personal or another advantage; or Using your access to the MyPage5.com Service or subsequent information gathered from the service to enable you to send any unsolicited bulk emails i.e. spam mail. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the MyPage5.com Service, nor any activity or communication you make in connection with any MyPage5.com Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortuous or otherwise, or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libellous, defamatory, unreliable or misleading. 1.11 MyPage5.com Revenue sharing MyPage5.com operates its revenue sharing policy at its own discretion. MyPage5.com reserves the right to stop revenue sharing or increase / decrease the amount of revenue shared at any time. Notice of any changes in the revenue sharing policy will be posted on the homepage message board. MyPage5.com also reserves the right to suspend any payments to members suspected of accumulating page impressions fraudulently. 1.12 Prohibitions. You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the MYPAGE5.COM Service, nor any activity or communication you make in connection with any MYPAGE5.COM Service, will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortuous or otherwise, or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libellous, defamatory, unreliable or misleading. 1.13 Alerting MyPage5.com. If on the MyPage5.com Service you witness anything that you believe appears to infringe this Agreement please do not hesitate to contact us and inform us of it by making use of the "Report Abuse" function of the application. Otherwise you may email us at complaints@mypage5.com. As we do not generally monitor material contributed by Members before it is placed on the MyPage5.com Service, we become reliant upon users to point out to us any activity which infringes this Agreement. 1.14 Withdrawal of Material and Termination of Membership. Let it be brought to the attention of each Member that we are entitle to withdraw any material on the MyPage5.com Service that appears to have the ability to breach any element of this Agreement or bring the MyPage5.com Service into disrepute. Although please be aware that as we do not generally monitor material contributed by Members before it is placed on the MyPage5.com Service, we become reliant upon users to point out to us any activity which infringes this Agreement. 1.15 Disclaimer and Release. We have no control over or responsibility for the truth or accuracy of any material available on the MyPage5.com Service provided by Members or other. Where third party sites are linked to from access to the MyPage5.com Service do not take this to infer that we endorse or have any form of personal responsibility for the site in question. You should exercise no lesser degree of caution in appraising what you see on the MyPage5.com Service as you do offline. Despite the condition of Members being prohibited from doing so, they may provide information or otherwise behave in a way deemed unsuitable, misleading or even illegal. Please note that people may not be precisely whom they say they are. You use the MyPage5.com Service, entirely at your own risk. At the extent to whereby the law allows you release MyPage5.com, our directors, contractors and employees from all liability including disputes with other Members arising from your use of a third party site or in connection with the MyPage5.com Service and material include on the Service by members and other third parties. 1.16 Intellectual Property. All copyright, trade marks and other intellectual property rights in and relating to MyPage5.com Service including material contributed by Members you acknowledge are owned by MyPage5.com. It is a criminal offence to copy material that appears on websites, thus no-one can distribute copy, show in public or create any derivative work from the MyPage5.com Service or any of the material found on the MyPage5.com Service unless you are properly licensed to do so by us. In submitting any material or content to the MyPage5.com Service, you: Are representing that you are fully entitled to do so; Grant us a non-exclusive, royalty-free, non-terminable license to copy, modify, distribute, show in public and create derivative works from the material in any form, anywhere; and Granting us with the authorisation to adapt the relevant material in the course of doing so, thus waiving your moral rights to object to any derogatory treatment, or to be acknowledged as the instigator of the material in question. 1.17 Excluded Loss.
We are not and will not be liable to you or any third party in the event of any loss not reasonably foreseeable by us when this Agreement comes into effect. We will additionally not be liable for any indirect or consequential loss or damage, for any loss of data, profit revenue or business caused in whichever way, be it arising from any negligence or breach of this Agreement or otherwise. In the additional event of our failure to perform any of our obligations under this Agreement caused by any matters beyond our reasonable control, MyPage5.com will not be held liable. 1.18 Maximum Liability.
The aggregate liability of MyPage5.com under this Agreement arising in negligence or otherwise, without placing limitations on the preceding Clause will not under any circumstances exceed an amount equivalent of £500. 1.19 Non-excluded Liabilities.
There is nothing in this Agreement which limits the liability of MyPage5.com for death or personal injury resulting from our negligence, or any further liability that by law may not be excluded. Your statutory rights as a consumer remain unaffected. 1.20 Indemnity.
In agreeing to these Terms and Conditions, you are hereby agreeing to indemnify us against any and all liabilities, claims and expenses that may come to surface from any breach of this Agreement by you or through a machine on which you access the MyPage5.com Service. 1.21 Assignment.
It is within our right to assign this Agreement and to assign or subcontract any or all of our rights and obligations under this Agreement. Without the written consent of MyPage5.com you do not reserve the right to dispense or dispose of this Agreement. 1.22 Entire Agreement.
This Agreement incorporates our privacy policy. They come together to encompass the whole of the agreement between us and you in regards to the MyPage5.com Service, replacing all earlier agreements and understandings with you, with exceptions being made in the event of any fraud or fraudulent representation by either parties (us or you). Any person whom is not a party to this Agreement under the Contracts (Rights of Third Parties) Act 1999 reserves no right to rely upon or enforce any term of this Agreement. 1.23 Severability.
In the event that any terms or conditions of this Agreement are found to be void or unenforceable by judicial declaration, the remainder of this Agreement shall remain valid and enforceable. 1.24 Law.
This Agreement shall be governed by and constructed in accordance with the laws of England and Wales. 1.25 Contact.
You may contact us by post or via email. MyPage5.com 37 Stanmore Hill, Stanmore, Middlesex HA7 3DS, United Kingdom Email: customerservice@mypage5.com
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Written By Isebel on Jumat, Juli 02, 2010 | 09.54
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