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Middleclasspolitcs.com is a social networking service that allows Members to create and customize personal profiles, enter contests, and enjoy other activities online in order to find and communicate with old and new friends. The services offered by Middleclasspolitcs.com(‘Middleclasspolitcs’ ‘The Company’) include the Middleclasspolitcs com website, and it affiliate websites, and any other features, content, or applications as offered by Middleclasspolitcs.com and it’s afiliated sites.
This Terms of Use Agreement ("TOS Agreement") sets forth the legally binding terms for your use of the Middleclasspolitcs Services. By using the Middleclasspolitcs Web Site(s) or services you agree to be bound by this Agreement, whether you are a "Visitor" (visits limited to browsing only) or you are a "Member" (which means that you have registered with Middleclasspolitcs). The term "User" refers to a Visitor or a Member. You are only authorized to use the Middleclasspolitcs Services only if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. Thoroughly and make sure you understand it.. If you do not agree with or understand any part of or terms of this ‘TOS’ agreement it, you should not join or browse the Middleclasspolitcs.com Web site. And depart from it immediately.
After carefully reading this agreement you must indicate your acceptance of all terms and conditions by checking the box during your registration process which acknowledges and sustanciates your acceptance and willingness to comply with all terms herein.
This Agreement includes Middleclasspolitcs.com's policy for acceptable use of the Middleclasspolitcs Services and Content posted on the Middleclasspolitcs Website and affiliates, It also includes your rights, obligations and restrictions concerning your use of the Middleclasspolitcs Services and Middleclasspolitcs.com's Privacy Policy which you should read.
If it is necessary to for you to download various softwaree or content in order to fully enjoy you Middleclasspolitcs expérience, or to participate in certain services or features we will notify you. If you would like a hardcopy of this agreement, you should right click and save it to a ‘Word’ type document and print it.
Middleclasspolitcs.com may modify this Agreement as deemed necessary by the comapany. All modifications shall be effective upon the posting by Middleclasspolitcs.com on the Company Website.
You agree to be bound to any changes to this TOS Agreement when you use the Middleclasspolitcs Services after the modifications have been posted. Ttherefore, it is important that you review this Agreement regularly to ensure you are updated as to any changes, and you accept the responsibility for all regular reviews.
You must carefully scrutinize any and all information that you post on Middleclasspolitcs.com and be aware that it is visable to other Middleclasspolitcs members, users, or visitors.
Your Middleclasspolitcs.com personal profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, violence, irritating, threatening, sexually explicit or otherwise objectionable subject matter.
Despite Middleclasspolitcss intent to prevent the display of such content or information other Middleclasspolitcs.com Members may violate these terms by posting inaccurate, inappropriate, offensive or sexually explicit material, products or services as listed above.
Middleclasspolitcs.com assumes no responsibility or liability for this material, and you agree to hold Middleclasspolitcs.com harmless.. If you are aware of misuse or abuse of any Middleclasspolitcs Services by any member or individual, please contact Middleclasspolitcs or click on the "Report Abuse " link at the bottom of any Middleclasspolitcscom page.
Middleclasspolitcs reserves the right, in its discretion, to reject, refuse to post or remove any posting by you icluding your entire profile, or to restrict, suspend, or terminate your access to all or any part of the Middleclasspolitcs Services at any time, for any or no reason, with or without prior notice, and without liability.
Eligibility. Both the use and Membership of Middleclasspolitcs Services is void where prohibited by law. At all times while using Middleclasspolitcs and it’s features, you represent and warrant that :
all registration information you submit is truthful and accurate;and that you will maintain the accuracy of such information;
you are 18(Eighteen) years of age or older; and that your use of the Middleclasspolitcs features does not violate any applicable law or regulation.
You fully understand that your profile may be deleted and your Membership may be terminated without warning, if we either suspect or believe that you are under 18(Eighteen) years of age.
Term. This Agreement shall remain in effect while you use the Middleclasspolitcs Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Account Settings page. Middleclasspolitcs.com may terminate your Membership at any time, without warning. This agreement shall survive termination in any and all sections regarding content, and content you posted on profiles other than your own.
Fees. Although the ‘Basic features’ of Middleclasspolitcs.com are FREE. However, you acknowledge that Middleclasspolitcs.com reserves the right to charge for the Middleclasspolitcs Services or to add ‘Advanced features and services’ at a later time for which fees mnay apply should you choose to use them. You also agree that Grretfriend.com may change its fees from time to time in its discretion for either ‘Basic ; or ‘Advanced’ services . If Middleclasspolitcs.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Login & Password. When you sign up to become a Middleclasspolitcs.com Member, you will also be asked to choose a login and password. You are entirely responsible for maintaining the confidentiality of your login and password. You agree not to use the account, login name or information, or password of another Member at any time or to disclose your login name or information or password to any third party. You agree to notify Middleclasspolitcs.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.which includes login name, information, and password.
Non-commercial Use by Members. The Middleclasspolitcs. Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Middleclasspolitcs..com. Illegal and/or unauthorized use of the Middleclasspolitcs. Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email, friend invitations, or event invitations or unauthorized framing of or linking to the Middleclasspolitcs. 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 your Membership privileges and deletion of member profiles.. Appropriate legal action will be taken for any illegal or unauthorized use of the Middleclasspolitcs. Services.
Proprietary Rights in Content on Middleclasspolitcs.com.
Middleclasspolitcs..com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (Hereinafer, "Content") that you post to the Middleclasspolitcs Services. After posting your Content to the Middleclasspolitcs Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Middleclasspolitcs Services, you hereby grant to Middleclasspolitcs.com a limited license to use as needed, modify, publicly perform, publicly show, reproduce, and distribute such Content solely on and through the Middleclasspolitcs Services and network of affilliated sites.
Without this limited license, Middleclasspolitcs.com would be unable to provide the Middleclasspolitcs Services as referred to in Exhibit 1 (Attached)
You represent and warrant that: (1) you own the Content posted by you on or through the Middleclasspolitcs Services or have the right to post such content (2) the posting of your Content on or through the Middleclasspolitcs Services does not violate the privacy rights, publicity rights, copyrights, contract 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 Content posted by you to or through the Middleclasspolitcs Services .
The Middleclasspolitcs Services and Features contain Content of Middleclasspolitcs.com ("Middleclasspolitcs.com Content"). Middleclasspolitcs.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Middleclasspolitcs.com owns and retains all rights in the Middleclasspolitcs.com Content and the Middleclasspolitcs Services and features. Middleclasspolitcs.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Middleclasspolitcs.com Content (excluding any software code) solely for your personal use in connection with viewing the Middleclasspolitcs Website and using the Middleclasspolitcs Services.
The Middleclasspolitcs Services and Features contain Content of Users and other Middleclasspolitcs.com licensors. Except for Content posted by you, you may not without written consent from middleclasspolitics.com…copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Middleclasspolitcs Services.
Content Posted.
Middleclasspolitcs.com may delete any and all Content that in ti’s judgment of violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Middleclasspolitcs.com assumes no responsibility for monitoring the Middleclasspolitcs Services and Features for inappropriate Content or conduct. If at any time Middleclasspolitcs.com chooses, in its sole discretion, to monitor the Middleclasspolitcs Services, Middleclasspolitcs.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. However, at it’s discretion Middleclasspolitcs.com does and will reserve the right to report any and all illegal content, or threatening activities to the appropriate law enforcement agencies.
You are solely responsible for the Content that you post on or through any of the Middleclasspolitcs Services, and any material or information that you transmit to other Members and for your interactions with other Users. Middleclasspolitcs.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Middleclasspolitcs.com prior to posting and does not necessarily reflect the opinions or policies of Middleclasspolitcs.com. Middleclasspolitcs.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. However, Middleclasspolitcs.com does reserve the right to monitor, examine, and scrutinize all content posted by you.
Content/Activity Prohibited. See ‘EXHIBIT II’ which is attaches as a partial list of prohibited content on the Middleclasspolitcs.com web site and affiliate network of sites.
Copyright Policy. You may not post, change or modify, distribute, or duplicate in any way any copyrighted material, trademarks, or other proprietary information belonging to others without acquiring the prior written consent of the owner of such proprietary rights. It is the policy of Middleclasspolitcs.com to revoke and cancel Membership privileges of any Member who infringes the copyright rights of others upon receipt of legal and sufficient notification to Middleclasspolitcs.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Middleclasspolitcs Services or Features in a way that constitutes copyright infringement, please provide middleclasspolitics..com with the following information: (A) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest and a description of the copyrighted work that you claim has been infringed including a description of where the material that you claim is infringing is located on the Middleclasspolitcs.com web site or affiliate Sites; (B) your address, telephone number, and email address including a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Middleclasspolitcs.com's Copyright Agent for notice of notice and claims of copyright infringement can be contacted as follows: Copyright Agent, Middleclasspolitcscom DB Productions Inc. 214 Main Street #304 El Segundo, CA 90245 copyrightagent@Middleclasspolitcs.com.
Member Disputes. You are responsible for your interactions with other Middleclasspolitcs.com Members. Middleclasspolitcs.com reserves the right, but has no obligation, to monitor disputes between you and other Members. However, members harassing other members will lose membership privileges and have their personal profiles deleted by Middleclasspolitcs.
Privacy. Use of the Middleclasspolitcs Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. It is incumbent upon you to read the ‘Privacy Policy’ and you have the sole responsibility for ready it, which is recommended by Middleclasspolitcs.com
Disclaimers. Middleclasspolitcs.com is not responsible for any false or inaccurate Content posted on the Middleclasspolitcs Website or in connection with the Middleclasspolitcs Services and Features, whether caused by Users, Memebers, or Visitors of the Middleclasspolitcs Services and Features or by any of the equipment or programming associated with or used in Middleclasspolitcs Services, Features and Affilliated Sites or the Profiles created and posted by Members on the Middleclasspolitcs network of sites.
Middleclasspolitcs.com is not responsible for technical malfunction of telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Middleclasspolitcs Services, Featues or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Middleclasspolitcs Services and/or Features.
Middleclasspolitcs.com makes no representation or warranty and had no obligation or implied obligation to maintain profiles, or information maintained or stored on personal profiles on the site and affiliates. In the event of loss of such information, you agree to hold Middleclasspolitcs.com harmless.
Under no circumstances shall Middleclasspolitcs.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Middleclasspolitcs Services, attendance at a Middleclasspolitcs.com event, from any Content posted on or through the Middleclasspolitcs Services or Features, or from the conduct of any Users on the Middleclasspolitcs Website and newtwork of Affiliate sites, whether online or offline. The Middleclasspolitcs Services and Features are provided "AS-IS" and “As Available” and Middleclasspolitcs.com expressly disclaims any warranty for a particular purpose, feature or service Middleclasspolitcs.com cannot guarantee and does not promise any specific results from use of the Middleclasspolitcs Services.
Limitation on Liability. In no event shall middleclasspolitcs.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the services. The liability of Middleclasspolitcs.com and its network of Affiliate sites shall never exceed the amount paid to Greetfriend or it’s affiliate sites as a member, visitor or user.
Disputes. If there is any dispute about or involving the Middleclasspolitcs Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either Middleclasspolitcs.com or you may demand that any dispute between Middleclasspolitcs.com and you about or involving the Middleclasspolitcs Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent Middleclasspolitcs.com from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold Middleclasspolitcs.com, its subsidiaries, and affiliates, and their individual officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Middleclasspolitcs Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Middleclasspolitcs Website or through the Middleclasspolitcs Services causes Middleclasspolitcs.com to be liable to another.
Other. This Agreement is accepted upon your use of the Middleclasspolitcs Website, and/or its Affiliates sites, or any of the Middleclasspolitcs Services, and Features and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Middleclasspolitcs.com regarding the use of the Middleclasspolitcs Services and Features and may not be amended unless agreed to in writng by certified mail.. The failure of Middleclasspolitcs.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.. Middleclasspolitcs.com is a trademark of DB Productions Inc.
Severability. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this and/or Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact Middleclasspolitcs with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.AND THE EXHIBITS BELOW
EXHIBIT 1
For example, without the right to modify Member Content, Middleclasspolitcs.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 perform Member Content, Middleclasspolitcs.com could not allow Users to listen to music posted by Members. The license you grant to Middleclasspolitcs.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Middleclasspolitcs.com), fully-paid and royalty-free (meaning that Middleclasspolitcs.com is not required to pay you for the use on the Middleclasspolitcs Services of the Content that you post), sublicensable (so that Middleclasspolitcs.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Middleclasspolitcs Services), and worldwide (because the Internet and the Middleclasspolitcs Services are global in reach). This license will terminate at the time you remove your Content from the Middleclasspolitcs Services. The license does not grant Middleclasspolitcs.com the right to sell your Content, nor does the license grant Middleclasspolitcs.com the right to distribute your Content outside of the Middleclasspolitcs Services.
EXHIBIT II
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Middleclasspolitcs Services. Middleclasspolitcs.com reserves the right to investigate and take appropriate legal action against anyone who, in Middleclasspolitcs.com's sole discretion, violates this provision, including without limitation, removing the offending communication from the Middleclasspolitcs Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Middleclasspolitcs.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the Middleclasspolitcs Website and through your use of the Middleclasspolitcs Services. Middleclasspolitcs.com reserves the right to investigate and take appropriate legal action against anyone who, in Middleclasspolitcs.com's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
16. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
17. advertising to, or solicitation of, any Member to buy or sell any products or services through the Middleclasspolitcs Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Middleclasspolitcs Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Middleclasspolitcs.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Middleclasspolitcs.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Middleclasspolitcs Services, you acknowledge that you will have caused substantial harm to Middleclasspolitcs.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Middleclasspolitcs.com $50 for each such unsolicited email or other unsolicited communication you send through the Middleclasspolitcs Services;
18. covering or obscuring the banner advertisements on your personal profile page, or any Middleclasspolitcs.com page via HTML/CSS or any other means;
19. any automated use of the system, such as using scripts to add friends or send comments or messages;
20. interfering with, disrupting, or creating an undue burden on the Middleclasspolitcs Services or the networks or services connected to the Middleclasspolitcs Services;
21. attempting to impersonate another Member or person;
22. for band profiles, copying the code for your Middleclasspolitcs Player and embedding it into other profiles or asking other Members to embed it into their profiles;
23. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
24. selling or otherwise transferring your profile;
25. using any information obtained from the Middleclasspolitcs Services in order to harass, abuse, or harm another person;
26. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Middleclasspolitcs Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top friends” , or sending private messages with a commercial purpose; or
27. using the Middleclasspolitcs Services in a manner inconsistent with any and all applicable laws and regulations.
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