Terms of Use FOR CONTENT CONTRIBUTORS
- General Information
- Eligibility
- Collection and Use of Personal Information & Privacy
- Registration & Account Security
- Promotional Activities
- Legality & Taxes
- Use
- Trademarks
- Member Created Content Accuracy & Ownership
- User Content, Bulletin Boards, Chat Rooms & Profile Posts
- Inappropriate or Offensive Content
- User Disputes
- Employment Opportunities
- Submissions
- Advertising & Linked Sites
- Disclaimer of Liability & Warranties
- Indemnity
- Limitation of Liability
- Termination
- Notices and Procedure for Making Claims of Copyright Infringement
- Repeat Infringer Policy
- Terms of Sale
- Governing Law; Venue and Jurisdiction
- Arbitration
- Other
- Questions
I. Terms of Use FOR CONTENT CONTRIBUTORS
General Information
Date of Last Revision: March 1, 2009.
Welcome to MeetTheFamous, a celebrity-based community website, that allows users to share their celebrity content. The MeetTheFamous service and network (collectively, "MeetTheFamous" or "the Service") are operated by MeetTheFamous, Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.MeetTheFamous.com, or our applications, toolbars, MMS, gateway or the mobile versions thereof (together the "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 MeetTheFamous. 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 or post content to 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.
MeetTheFamous may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content or the ability to post content to the Site. MeetTheFamous may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at . If you become aware of misuse of this Site by any person, please contact the [TTPD] at with your concerns.
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. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. MeetTheFamous may, at its discretion, terminate your account, deny you eligibility to post content, or deny you access to the MeetTheFamous.com Site if it feels you have at any time violated the these eligibility requirements. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use.
Collection and Use of Personal Information & Privacy
The Children's Online Privacy Protection Act ("COPPA") requires that we inform parents and legal guardians about how we collect, use, and disclose personal information from children less than 13 years of age. MeetTheFamous does NOT allow users less than 13 years of age to register for an account or use the MeetTheFamous.com website.
MeetTheFamous respects your personal information and privacy. The Site will not intentionally disclose any personally identifying information about you, including your e-mail address and other information obtained from registration, information regarding your IP address or information obtained by the Site from cookies, to third parties without your consent except where the Site, in good faith, believes such disclosure is necessary to comply with the law or other contractual provisions of the Site or to enforce these Terms and Conditions or other rules of the Site. Your acceptance of any Commissions from the Site constitutes consent for the Sites disclosure of personal information as described in Promotional Activities section of this Terms of Use. The Site reserves the right to collect general demographic and other market information that does not personally identify you to any person without additional consent. MeetTheFamous utilizes e-mails to notify you when you are entitled to Commissions, and to let you know of special promotions, events and policy changes. New Users are automatically opted-in to receive e-mails from the Company, including: promotional marketing e-mails, promotional partner e-mails, newsletters, fairness e-mails, fun (i.e. game play- related) e-mails, and financial e-mails. You have the choice to opt-in or opt-out of receiving any or all of these types of e-mails at any time by modifying your preferences in the Edit Profile section on your "My Profile" page of the MeetTheFamous website. The Sites full Privacy Policy details how User data is used on MeetTheFamous.com.
Registration & Account Security
MeetTheFamous requires registration or the creation of an account to use most features of the Site. If at any time you choose to register or create an account with MeetTheFamous, the following terms and conditions also apply.
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.
You are responsible for maintaining the confidentiality of your password, if any, which you will not have to reveal to any representative or agent of the Site. If any account that you have with MeetTheFamous permits you to make purchases or otherwise enter into any contracts or agreements, you will be responsible for all such activity undertaken under your password whether you have consented to the use of your password or not. It is critical that you not share your password.
You must notify of any known or suspected unauthorized use(s) of your account, or the Site, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
You represent and warrant that all Registration Data you supply to the Site is complete and accurate. Knowingly submitting incomplete or inaccurate information will result in immediate termination of your account and forfeiture of any Commissions to which you may have otherwise been entitled.
You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your username and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the Sites sole discretion, and the Site may refer you to appropriate law enforcement agencies.
Promotional Activities
By registering for an account and/or for the Commission Program, you agree that the Site may display your username, the number of pieces of content for which you have received Commissions (“Commission Record”), total Commissions earned and game or tournament records. By creating an account, you agree to allow MeetTheFamous to print, publish, broadcast and use, worldwide, in any media and at any time and for any purpose, your name, picture, voice, likeness, and/or biographical information for promotional or related purposes without additional compensation.
Users of the site cannot be paid out as a Top 3 winner on Celebrity Trivia in consecutive weeks. Users can be paid out as a Top 3 winner every other week.
Legality & Taxes
You are subject to all laws of the state/province and country in which you reside and from which you access the Site and are solely responsible for obeying those laws. You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in the Commission Program or any tournament offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties.
The Site reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction other than the U.S., or any U.S. jurisdiction in which participation is illegal or restricted. The Site may require any participant receiving any Commissions to provide the Site with proof that he or she is eligible to participate in the Commission Program.
It is the policy of the Site, in compliance with United States Internal Revenue Service regulations, to send an IRS Form 1099 or other appropriate form to any person who receives Commissions from the Site in any given year. Depending on the jurisdiction in which you reside, the Site may also send you additional similar tax forms. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.
Use
Materials contained in this Site are protected by U.S. and international trademark and copyright laws and must only be used for personal, non-commercial purposes. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of MeetTheFamous or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, including all questions, games, game results, images, graphics, logos and audio or video materials or other content. Additionally, source MeetTheFamous HTML files, templates, and application server templates are copyrighted and may not be copied or modified. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited.
Requests for permission to reproduce or distribute materials found on this Site, including photographs, videos and images, can be made by contacting MeetTheFamous in writing at:
MeetTheFamous, Inc.
243 5th Avenue Suite #320
New York, NY 10016
You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, graphic images, textual material, designs, fonts, icons, link buttons, [wallpaper], [desktop themes], unless you have obtained the prior written consent of MeetTheFamous or unless it is expressly permitted by this Site in each instance. This prohibition applies regardless of whether the derivative materials are sold, bartered or provided without charge.
Trademarks
MeetTheFamous, the MeetTheFamous logo, and www.MeetTheFamous.com are trademarks of MeetTheFamous, and all other trademarks, service marks and trade names used on the Site are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of MeetTheFamous or the owner of such trademark, service mark or trade name.
Member Created Content Accuracy & Ownership
Content created by MeetTheFamous members ("Member Created Content") has not been verified or thoroughly researched, and inaccuracies are highly likely to exist. MeetTheFamous should not be used as a research encyclopedia. We encourage our users to act responsibly when creating and posting content. The Company reserves the right to delete any Member Created Content that it deems offense or overtly inaccurate. The Company, however, is under no obligation to monitor Member Created Content for accuracy, completeness, or for any other reason.
User Content, Bulletin Boards, Chat Rooms & Profile Posts
You are welcome to upload, publish or display (or "post"), photos, videos, profiles, messages, comments, text, trivia, media, and other user generated content (collectively "User Content") to bulletin boards, chat rooms, profiles, or other public areas within, or in connection with, this Site, including under the Commission Program. By posting User Content to the Site, you are affirming that the User Content is owned by you, genuine, not altered, accurate, and that you have all rights necessary to to grant the rights set forth herein to MeetTheFamous. MeetTheFamous accepts no responsibility whatsoever in connection with or arising from such User Content. You are solely responsible for the User Content that you post or share with other Users. 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 without limitation User Content that in the sole judgment of the Company violates this Agreement 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 MeetTheFamous an irrevocable, perpetual, exclusive, transferable, fully paid, worldwide commercial 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, including, 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 from your profile page, the license granted above will nevertheless continue.
MeetTheFamous does not endorse and has no control over the User Content submitted by others to the Site. The User Content is not necessarily reviewed or approved by MeetTheFamous prior to posting and do not necessarily reflect the opinions or policies of the Company. MeetTheFamous makes no warranties, express or implied, as to the User Content on the Site or the accuracy and reliability of any User Content.
The following is a sample listing of the User Content that you are prohibited from posting to the Site. You agree that you will not submit User Content to the Site in a manner that:
- discloses personally identifiable information, such as your or another person's full name, email address, telephone number or street address;
- is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages or is in pursuit of conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, U.S. or international law;
- violates the copyright, trademark or other intellectual property rights of any other person.
- transmits content that encourages or provides instructional activities about phishing, hacking, or other illegal activities;
- solicits other Users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
- attempts to resell, redistribute, broadcast or transfer the information or use the information derived from the Site in a searchable, machine-readable database;
- uses the Site to collect personally identifying information about users of the Site in violation of our Privacy Policy;
- disguises a file type to thwart our detection processes;
- attempt to gain unauthorized access to other computer systems or networks connected to the Site or portions of the Site which are not made available for general public access;
- that utilizes bots, spiders or disproportionately burdens the capacity of the system;
- improperly assumes or claim the identity, characteristics or qualifications of another person;
- is for purposes of spamming;
- contains any virus or other harmful component; or
- is libelous, or an invasion of privacy or a violation of publicity rights or any other third party rights.
Despite these prohibitions, the User Content may contain inaccurate, inappropriate, offensive or sexually explicit material. The Company assumes no responsibility or liability for such material. If you become aware of abusive or objectionable User Content or misuse of the Site by any User, please contact .
MeetTheFamous shall have the right to remove or disable access to any User Content for which MeetTheFamous has received a DMCA notification of infringement.
You are solely responsible for your interactions with other Users. MeetTheFamous reserves the right, but has no obligation, to monitor disputes between you and other Users. For your own protection, when using the Site, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, IM screen name, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Please report abusive or inappropriate behavior immediately to .
By posting User Content to the Site, you are affirming that you have not authorized or granted and will not authorize or grant rights to any other person or entity to sell, license, use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) or distribute such User Content for any purpose, or to prepare derivative works of, or incorporate into other works, such User Content. MeetTheFamous shall be entitled to the unrestricted use and dissemination of the User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending User Content you waive the right to make any claim against MeetTheFamous, its parents, members, subsidiaries or affiliates relating to the User Content, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality. Notwithstanding the foregoing, in the event MeetTheFamous licenses or sells any of your User Content to any unaffiliated third party, MeetTheFamous will have the right but not the obligation to pay you a percentage of the fees actually received from such third party, in an amount as determined by MeetTheFamous in its sole and absolute discretion.
Inappropriate or Offensive Content
We do our best to ensure that MeetTheFamous is free from hateful, disrespectful, profane, or otherwise inappropriate or offensive material. Still, there is always the possibility that such content will make its way onto our Site. We encourage you to help us to keep the Site a friendly environment by reporting inappropriate or offensive content to .
User Disputes
You are solely responsible for your interactions with other MeetTheFamous users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Employment Opportunities
MeetTheFamous may, from time to time, post employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to the Company in response to employment listings, you are authorizing MeetTheFamous to utilize this information for all lawful and legitimate hiring and employment purposes. MeetTheFamous also reserves the right, at its sole discretion, to forward the information you submit to its parents, members, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Site shall constitute a promise by the Company to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that MeetTheFamous will review any or all of the information submitted to it by Users.
Submissions
You acknowledge and agree that any posts, questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to MeetTheFamous are non-confidential and you grant to Company a perpetual, exclusive, royalty-free, worldwide, commercial license to use, reproduce, distribute, display, perform, publish, prepare derivatives of, sublicense, adapt, transmit, or delete the Submissions, as Company deems fit. MeetTheFamous shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The foregoing applies equally to unsolicited submissions. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending a Submission, unsolicited or otherwise, you waive the right to make any claim against MeetTheFamous, its parents, members, subsidiaries or affiliates relating to Submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality. Notwithstanding the foregoing, in the event MeetTheFamous licenses any of your Submissions to any unaffiliated third party, MeetTheFamous will pay you a percentage of the license fees actually received from such third party, in an amount as determined by MeetTheFamous in its sole and absolute discretion. MeetTheFamous and/or it’s trusted 3rd party shall have the right in respect of the Pictures to carry out color correction, cropping, resizing, adjustments to brightness/contrast, saturation adjustments, sharpening and caption entry in IPTC fields.
Advertising & Linked Sites
In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or MeetTheFamous, including its respective employees, agents, directors, officers and members.
If MeetTheFamous has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that MeetTheFamous is connected with, operates or controls these web sites.
MeetTheFamous is not responsible for the content or practices of 3rd-party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with MeetTheFamous. When visiting other web sites, however, you should refer to each such web sites individual "Terms of Use" and not rely on this Agreement. MeetTheFamous takes no responsibility for 3rd-party content or advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers.
When you click on a link within MeetTheFamous, MeetTheFamous will not warn you that you have left this Site and are subject to the terms and conditions (including privacy policies) of such other site. In some cases it may be less obvious than others that you have left this Site and reached a 3rd-party site. Please be careful to read the terms of use and privacy policy of any web site before you provide any confidential information or engage in any transactions. MeetTheFamous shall not be held responsible for your activities on web sites other than this Site.
Disclaimer of Liability & Warranties
MeetTheFamous does its best to ensure the optimal performance of the Site. By using this Site, you agree that you are doing so at your own risk.
The Company reserves all control of the use and availability of this Site including:
- restricting the time of availability,
- restricting the availability and/or scope of the Site for certain platforms (i.e., computer types and operating systems),
- restricting the amount of use permitted, and
- restricting or terminating any user's right to use all or part of the Site, at any time in the Company's sole discretion and without prior notice or liability. You are responsible for all charges associated with connecting to the Site through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Site. You certify that you are an individual (e.g., not a corporation).
The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that MEETTHEFAMOUS DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components; that the Site is non-infringing; or that the Site is accurate, error free or reliable.
You acknowledge that MeetTheFamous, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.
You acknowledge that MeetTheFamous is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
You acknowledge that MeetTheFamous is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use of or from your inability to use the Site.
Indemnity
You agree to defend, indemnify and hold harmless MeetTheFamous, its parents, affiliates, licenseestogether with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of 3rd-parties.
Limitation of Liability
In no event shall MeetTheFamous, its members, investors or subsidiary companies or its affiliates or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the service or with the delay or inability to use the service, or for any information, software, products and services advertised in or obtained through the service, MeetTheFamous's removal or deletion of any materials or records submitted or posted on its site, or otherwise arising out of the use of the service, whether based on contract, tort, strict liability or otherwise, even if MeetTheFamous or any of its subsidiary companies, affiliates or suppliers has been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that MeetTheFamous, its members or investors or subsidiary companies, affiliates or suppliers shall not be liable for any defamatory, offensive or illegal conduct of any user of the service. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Termination
MeetTheFamous reserves the right to immediately terminate your use of, or access to, this Site at any time if MeetTheFamous decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that MeetTheFamous considers to be inappropriate or unacceptable.
You may terminate any account at any time by sending an e-mail to: with the type of account that you have and information regarding that account. You must provide a valid reply email address if you wish to terminate an account by email in the event that we require additional information to locate your account to terminate it. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 96 hours. You are responsible for any and all charges incurred (for products or services purchased) up to the time the account is deactivated.
Upon termination of your account or membership or should your account remain dormant for a period of greater than six (6) months, MeetTheFamous shall have the right to close your account or terminate your membership. Any and all unclaimed Commissions and any and all Commissions remaining in the account at the time of account or membership termination shall be forfeited by you and shall no longer be due or payable by MeetTheFamous. By terminating your account or membership, failing to act in accordance with or breaching any of these Terms of Use, or failing to engage in activity for a period of greater than six (6) months under your account or membership, you waive any and all right to any Commissions that have accrued to your account and that you have not yet redeemed.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that any material contained in this Site infringes your copyright, please notify the Company of your copyright infringement claim in accordance with the following procedure.
MeetTheFamous will process notices of alleged infringement which it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to MeetTheFamous's Designated Agent.
Service Provider(s): MeetTheFamous, Inc.
Name/Contact Information of Designated Agent:
Copyright Agent
MeetTheFamous, Inc.
Subject Line: MeetTheFamous DMCA
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
E-mails sent to without a proper subject line, or for purposes other than communication about copyright claims, may not be acknowledged or responded to.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Designated Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, MeetTheFamous may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MeetTheFamous's sole discretion.
Repeat Infringer Policy
In accordance with the DCMA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, members who are deemed to be repeat infringers. The 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.
Export Control
Unless otherwise specified, the materials on this Site are presented solely to for use in the United States, its territories, possessions and protectorates. This Site is controlled and operated by MeetTheFamous from its offices within the state of New York, USA. MeetTheFamous makes no representation that materials on this Site are appropriate or available for use outside the United States and authorizes no one to do so. Those who choose to access the Site in contravention of the foregoing from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
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 the Company. By ordering products or services from the 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 the Company's sole discretion so you should review the Terms of Sale each time you make a purchase.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of New York, 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 New York, 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 New York.
Arbitration
YOU AND THE 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: to the extent that you or the Company 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 MeetTheFamous 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.
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.
Other
These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and the 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.
Questions
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