| MyByk.com is a web-based service that allows visitors and members to create unique personal profiles and to form networks.
The services offered by MyByk ("MyByk" or "we") include the MyByk.com website as well as any other related websites or other distribution channels we may, from time to time, operate (the "MyByk.com Website") and any other features, content, or applications offered, from time to time, by MyByk in connection with the MyByk.com Website (collectively, the "MyByk Services"). The MyByk Services are currently hosted in the United States. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MyByk Services.
By using the MyByk Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MyByk Website) or you are a "Member" (which means that you have registered with MyByk.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the MyByk Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the MyByk.com Website and discontinue use of the MyByk Services immediately. If you wish to become a Member, communicate with other Members and make use of the MyByk Services, you must read this Agreement and indicate your acceptance of its terms during the registration process. This Agreement includes MyByk's policy for acceptable use of the MyByk Services and any content posted on the MyByk.com Website as well as your rights, obligations and restrictions regarding your use of the MyByk Services and MyByk's Privacy Policy. In order to participate in certain MyByk Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the MyByk Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at:
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, Subject: Terms of Use Agreement. MyByk may modify this Agreement from time to time and any such modification will be effective upon its posting by MyByk on the MyByk Website. You agree to be bound to any changes to this Agreement when you use the MyByk Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the content you post on the MyByk.com Website and that you provide to other Users. You may not include telephone numbers, street addresses, last names, and any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content provided by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MyByk assumes no responsibility or liability for this material.
If you become aware of misuse of the MyByk Services by any person, please Contact MyByk. MyByk reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the MyByk Services at any time, for any or no reason, with or without prior notice, and without liability.
- Eligibility. Use of and Membership in the MyByk
Services is void where prohibited. By using the MyByk Services, you
represent and warrant that (a) all registration information you submit is
truthful and accurate; (b) you will maintain the accuracy of such
information; (c) you are 14 years of age or older; and (d) your use of the
MyByk Services does not violate any applicable law or regulation. Your
profile may be deleted and your Membership may be terminated without
warning, if we suspect that you are under 14 years of age.
- Term. This Agreement will remain in full
force and effect while you use the MyByk Services or are a User. You may
terminate your membership at any time, for any reason, by following the
instructions on the Member's Account Settings page. MyByk may terminate
your membership at any time, without warning. Even after Membership is
terminated, this Agreement will remain in effect, including sections 5-17.
- Fees. You acknowledge that MyByk reserves
the right to charge for the MyByk Services and to change its fees from
time to time in its discretion.
If MyByk terminates your membership because you have breached the
Agreement, you will not be entitled to the refund of any unused portion of
subscription fees.
- Password. When you sign up to become a Member,
you will also be asked to choose a password.
You are entirely responsible for maintaining the
confidentiality of your password.
You agree not to use the account, username, or password of another
Member at any time or to disclose your password to any third party.
You agree to notify MyByk
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.
- Non-commercial Use by Members. The MyByk 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 MyByk in writing. Illegal and/or unauthorized use of the MyByk
Services, including collecting usernames 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 the MyByk Website is strictly
prohibited.
Commercial
advertisements, affiliate links, and other forms of solicitation may be
removed from posted content without notice and may result in termination
of Membership privileges. Appropriate legal action will be taken for any
illegal or unauthorized use of the MyByk Services.
- Proprietary Rights in Content on
MyByk.com.
- MyByk does not claim any
ownership rights in the text, files, images, photos, video, sounds, musical
works, works of authorship, or any other materials works of authorship
(collectively, "Content") that you post to the MyByk
Services.
After posting your
Content to the MyByk 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 MyByk Services, you
hereby grant to MyByk a limited license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content solely on and
through the MyByk Services.
Without this license, MyByk would be unable to provide the MyByk
Services.
The license you grant to
MyByk is non-exclusive (meaning you are free to license your Content to anyone
else in addition to MyByk), fully-paid and royalty-free (meaning that MyByk is
not required to pay you for the use on the MyByk Services of the Content that
you post), sublicensable (so that MyByk is able to use its affiliates and
subcontractors such as Internet content delivery networks to provide the MyByk
Services), and worldwide (because the Internet and the MyByk Services are
global in reach).
This license
will terminate at the time you remove your Content from the MyByk
Services.
The license does not
grant MyByk the right to sell your Content, nor does the license grant MyByk
the right to distribute your Content outside of the MyByk Services.
- You represent and warrant that: (i)
you own the Content posted by you on or through the MyByk Services or
otherwise have the right to grant the license set forth in this section,
and (ii) the posting of your Content on or through the MyByk 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 MyByk Services
- The MyByk Services contains MyByk’s
proprietary content that is protected by copyright, trademark, patent,
trade secret and other laws in the United States and around the world
(the "MyByk Content"). MyByk owns and retains all rights in the
MyByk Content and the MyByk Services. MyByk hereby grants you a limited,
revocable, nonsublicensable license to reproduce and display the MyByk
Content (excluding any software code) solely for your personal use in
connection with viewing the MyByk Website and using the MyByk Services.
- The MyByk Services contain Content of
Users and other MyByk licensors. Except for Content posted by you, you
may not copy, modify, translate, publish, broadcast, transmit,
distribute, perform, display, or sell any Content appearing on or through
the MyByk Services.
- Content Posted.
- MyByk may delete any Content that in
the sole judgment of MyByk violates this Agreement or that may be
offensive, illegal or violate the rights, harm, or threaten the safety of
any person. MyByk assumes no responsibility for monitoring the MyByk
Services for inappropriate Content or conduct. If, at any time, MyByk
chooses, in its sole discretion, to monitor the MyByk Services, MyByk
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.
- You are solely responsible for the
Content that you post on or through any of the MyByk Services, and any
material or information that you transmit to other Members and for your
interactions with other Users. MyByk does not endorse and has no control
over the Content. Content is not necessarily reviewed by MyByk prior to
posting and does not necessarily reflect the opinions or policies of
MyByk.
MyByk 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, or receive from, other Members.
- Content Prohibited. The following is a partial list of the
kind of Content that is illegal or prohibited to post on or through the
MyByk Services.
MyByk
reserves the right to investigate and take appropriate legal action
against anyone who, in MyByk's sole discretion, violates this provision,
including without limitation, removing the offending content from the
MyByk Services and terminating the Membership of such violators.
Prohibited Content includes, but is not limited to Content that, in the
sole discretion of MyByk:
- is patently offensive and promotes
racism, bigotry, hatred or physical harm of any kind against any group or
individual;
- harasses or advocates harassment of
another person;
- exploits people in a sexual or violent
manner;
- contains nudity, violence, or
offensive subject matter or contains a link to an adult website;
- solicits personal information from
anyone under 18;
- provides any telephone numbers, street
addresses, last names, URLs or email addresses;
- promotes information that you know is
false or misleading or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
- 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;
- involves the transmission of
"junk mail," "chain letters," or unsolicited mass
mailing, instant messaging, "spimming," or
"spamming";
- contains restricted or password only
access pages or hidden pages or images (those not linked to or from
another accessible page);
- 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;
- solicits passwords or personal
identifying information for commercial or unlawful purposes from other
Users;
- involves commercial activities and/or
sales without our prior written consent such as contests, sweepstakes,
barter, advertising, or pyramid schemes;
- includes a photograph of another
person that you have posted without that person's consent; or
- use sexually suggestive imagery or any
other unfair, misleading or deceptive Content intended to draw traffic to
the profile.
- Activity Prohibited.
The following is a partial list of the kind of activity that is illegal
or prohibited on the MyByk Website and through your use of the MyByk Services.
MyByk reserves the right to investigate and take appropriate legal action
against anyone who, in MyByk's sole discretion, violates this provision,
including without limitation, reporting it to, and cooperating fully with, law
enforcement authorities.
Prohibited activity includes, but is not limited to:
- 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;
- advertising to, or solicitation of,
any Member to buy or sell any products or services through the MyByk
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 MyByk Services in order to contact, advertise to,
solicit, or sell to any Member without their prior explicit consent. If
you breach this Agreement and send unsolicited bulk email, instant
messages or other unsolicited communications of any kind through the
MyByk Services, you acknowledge that you will have caused substantial
harm to MyByk, but that the amount of such harm would be extremely
difficult to ascertain.
As a
reasonable estimation of such harm, you agree to pay MyByk $50US for each
such unsolicited email or other unsolicited communication you send
through the MyByk Services;
- covering or obscuring the banner
advertisements on your personal profile page, or any MyByk page via
HTML/CSS or any other means;
- any automated use of the system, such
as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or
creating an undue burden on the MyByk Services or the networks or
services connected to the MyByk Services;
- attempting to impersonate another
Member or person;
- copying the code for your MyByk player
and embedding it into other profiles or asking other Members to embed it
into their profiles;
- 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;
- selling or otherwise transferring your
profile;
- using any information obtained from
the MyByk Services in order to harass, abuse, or harm another person; or
- using the MyByk Services in a manner
inconsistent with any and all applicable laws and regulations.
- Copyright Policy. You may not post, modify, distribute,
or reproduce in any way any copyrighted material, trademarks, or other
proprietary information belonging to others without obtaining the prior
written consent of the owner of such proprietary rights.
It is MyByk’s policy to terminate
Membership privileges of any Member who repeatedly infringes the copyright
rights of others upon receipt of prompt notification to MyByk 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 MyByk
Services in a way that constitutes copyright infringement, please provide
our Copyright Agent with the following information: (i) an electronic or
physical signature of the person authorized to act on behalf of the owner
of the copyright interest; (ii) a description of the copyrighted work that
you claim has been infringed; (iii) a description of where the material
that you claim is infringing is located on the MyByk Services; (iv) your
address, telephone number, and email address; (v) 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; (vi) 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. MyByk's Copyright Agent for notice of
claims of copyright infringement can be reached as follows: Copyright Agent, Anschutz Media, Inc., 1051 Noe St., San Francisco, CA 94114; Facsimile: 415-641-1121; Attn: Copyright
Agent; and email:
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.
- Member Disputes. You are solely responsible for your
interactions with other Members. MyByk.com reserves the right, but has no
obligation, to monitor disputes between you and other Members.
- Privacy. Use of the MyByk Services is also
governed by our Privacy Policy, which is incorporated into this Agreement
by this reference.
- Disclaimers. We are not responsible for any
incorrect or inaccurate Content posted on the MyByk Website or in
connection with the MyByk Services, whether caused by Users of the MyByk
Services or by any of the equipment or programming associated with or
utilized in the MyByk Services. Content created and posted by Members on
the MyByk Website may contain links to other websites. We are not
responsible for the content, accuracy or opinions expressed on such
websites, and such websites are in no way investigated, monitored or
checked for accuracy or completeness by MyByk. Inclusion of any linked
website on the MyByk Services does not imply approval or endorsement of
the linked website by MyByk. When you access these third-party sites, you
do so at your own risk. We take no responsibility for third party
advertisements that are posted on this MyByk Website or through the MyByk
Services, nor do we take any responsibility for the goods or services
provided by our advertisers. We are not responsible for the conduct, whether
online or offline, of any User of the MyByk Services. We assume no
responsibility for any error, omission, interruption, deletion, defect,
delay in operation or transmission, communications line failure, theft or
destruction or unauthorized access to, or alteration of, any User or
Member communication. We are not responsible for any problems or technical
malfunction of any 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 MyByk Services 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 MyByk Services. Under no circumstances will we be responsible for any
loss or damage, including personal injury or death, resulting from use of
the MyByk Services, attendance at a MyByk event, from any Content posted
on or through the MyByk Services, or from the conduct of any Users of the
MyByk Services, whether online or offline.
The MyByk Services are provided "AS-IS" and
as available and we expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. We cannot guarantee and do not
promise any specific results from use of the MyByk Services.
- Limitation on Liability. IN NO EVENT WILL WE 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, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYBYK'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO MY BYK FOR THE MYBYK SERVICES DURING THE PREVIOUS YEAR OF
MEMBERSHIP.
- U.S. Export Controls. Software available in connection with
the MyByk Services (the "Software") is further subject to United
States export controls. No Software may be downloaded from the MyByk
Services or otherwise exported or re-exported in violation of U.S. export
laws. Downloading or using the Software is at your sole risk.
- Disputes. If there is any dispute about or
involving the MyByk Services, you agree that the dispute will 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 San Francisco. Either MyByk or you may demand that any
dispute between MyByk and you about or involving the MyByk Services must
be settled by arbitration utilizing the dispute resolution procedures of
the American Arbitration Association (“AAA”) in San Francisco, California,
USA, provided that the foregoing will not prevent MyByk from seeking
injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold MyByk,
its subsidiaries, and affiliates, and their respective officers,
directors, 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 MyByk 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 MyByk Website or through the
MyByk Services causes MyByk to be liable to another.
- Other. This Agreement is accepted upon your
use of the MyByk Website or any of the MyByk Services and is further
affirmed by you becoming a Member. This Agreement constitutes the entire
agreement between you and MyByk regarding the use of the MyByk
Services.
The failure of
MyByk to exercise or enforce any right or provision of this Agreement will
not operate as a waiver of such right or provision. The section titles in
this Agreement are for convenience only and have no legal or contractual
effect.
MYBYK is a trademark of Anschutz Media, Inc. 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 Agreement and does not affect the validity and
enforceability of any remaining provisions.
Please contact us at: Contact MyByk with any questions regarding this Agreement. I HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. | |
