MyMelee.com Terms of Use
Welcome to MyMelee.com‚ a free Virgin Island Community forum. MyMelee.com is controlled and operated by Island Boy Ventures‚ Inc. ("We"‚ "Us"‚ or " MyMelee"). By using the MyMelee web site (the "Website") you agree to be bound by these Terms of Service (this "Agreement"). In addition‚ if you wish to become a MyMelee.com Member (a "Member")‚ and communicate with other Members and make use of the MyMelee.com service (the "Service")‚ you must read this agreement and follow the instructions in the registration process. If you do not agree to these terms of use‚ please exit the Website immediately.
We reserve the right‚ at our sole discretion‚ to change‚ modify‚ add‚ or delete portions of these Terms of Service at any time without further notice. All such modifications will be effective upon posting on the Website‚ and any use by you of the Website or the Service after the posting of any such modification will constitute your agreement to that modification. If you do not agree to abide by these or any future Terms of Service‚ do not use or access (or continue to use or access) the Service or the Website. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Use and to review such changes.
Eligibility
You must be thirteen (13) years of age or older to register as a Member or to use the Website or the Service. Use of the Website and membership in the Service are void where prohibited. By agreeing to these terms or by using the Website‚ you represent and warrant that you have the right‚ authority‚ and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Password
When you sign up to become a Member of the community forum or to author a blog‚ you will also be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the username‚ or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of or access to your password. You are solely responsible for any and all use of your account.
Term
This Agreement shall remain in full force and effect while you use the Website or the Service and/or are a Member. You may terminate your Membership at any time‚ for any reason‚ by following the instructions on the Member's Account Settings page. We may terminate your Membership at any time‚ without warning. Even after Membership is terminated‚ this Agreement will remain.
Non–Commercial Use by Members
MyMelee.com’s Service is 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 MyMelee. Illegal and/or unauthorized use of the Service‚ 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 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 legal action will be taken for any illegal or unauthorized use of the Service.
Rights in Content Posted by MyMeleeWe own and retain all proprietary rights in the Website and the Service. The Website contains certain copyrighted material‚ including links and compilations of individual data‚ trademarks‚ and other proprietary information of MyMelee. Except for any information which is in the public domain‚ you may not copy‚ modify‚ publish‚ transmit‚ distribute‚ perform‚ display‚ or sell any such proprietary materials or information without our express written consent in each case.
Rights in Content Posted by YouWe do not claim any ownership rights in the text‚ files‚ images‚ photos‚ video‚ sounds‚ musical works‚ works of authorship‚ or any other materials (collectively‚ "Content") that you post to the Website. After posting your Content to the Website 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 Website‚ you hereby grant us a limited license to use‚ modify‚ publicly perform‚ publicly display‚ reproduce‚ and distribute such Content solely on and through the Website or the Service. This license is non–exclusive and it will terminate at the time you remove your Content from the Website. The license does not grant MyMelee the right to sell your Content‚ nor does the license grant MyMelee the right to distribute your Content outside of the Website.
You represent and warrant that: (a) you own the Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section‚ and (b) the posting of your Content on or through the Website 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 Website
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 Website.
Content Posted on the Website
You understand and agree that MyMelee may (but is not obligated to) review any Content that is uploaded‚ published or displayed ("Posted") on the Website and delete or refuse to take online any such Content‚ including‚ without limitation‚ any Content that in the sole judgment of MyMelee violates this Agreement or which might be offensive‚ inappropriate‚ illegal‚ or that might violate the rights‚ harm‚ or threaten the safety of other Members or third parties. You are solely responsible for the Content that you Post on the Service‚ or transmit to other Members or third parties. For more information on acceptable content please see the Content Policy.
Copyright Protection Policy
You may not Post‚ distribute‚ or reproduce in any way any copyrighted material‚ trademarks‚ or other proprietary information owned by another party without obtaining the prior written consent of the owner. For more information on copyrights please see the Copyright Policy.
Member Disputes
You are solely responsible for your interactions with other Members. You agree that MyMelee will not be responsible for any loss or damage incurred as the result of any dispute you may have with another Member. We reserve the right‚ although we have no obligation‚ to monitor disputes between you and other Members‚ and to take any action that we feel may be appropriate in our sole discretion‚ consistent with the terms of this Agreement‚ including the termination of the membership of one or more Members.
Disclaimers
MyMelee is not responsible or liable in any manner for any Member Content
or Third Party Content Posted on the Website‚ whether Posted or caused
by Members or by any of the equipment or programming associated with
or utilized in the Website or the Service. Although we provide
rules for Member conduct and Postings‚ we do not control and are not
responsible for what Members post on the Website. We are also not
responsible for any offensive‚ inappropriate‚ obscene‚ unlawful or otherwise
objectionable content you may encounter on the Website or in connection
with any Member Content or Third Party Content. MyMelee is not
responsible for the conduct‚ whether online or offline‚ of any Member
of the Website.
The Website may be temporarily unavailable from time to time for maintenance
or other reasons. MyMelee assumes 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‚ Member communications. 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 email
or players on account of technical problems or traffic congestion on the
Internet or at any website or combination thereof. We are also not
responsible for any injury or damage to Members or to any other person's
computer related to or resulting from participating or downloading materials
in connection with the Web and/or in connection with the Service. Under no
circumstances will MyMelee be responsible for any loss or damage‚ including
any loss or damage to any Member Content or personal injury or death‚ resulting
from anyone's use of the Website‚ any Member Content or Third Party Content
Posted on or through the Website or transmitted to Members‚ or any interactions
between Members of the Website‚ whether online or offline.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS‚ THE SERVICES ARE PROVIDED "AS–IS" AND AS AVAILABLE AND MYMELEE EXPRESSLY DISCLAIMS ANY WARRANTY AND CONDITIONS OF ANY KIND‚ WHETHER EXPRESS OR IMPLIED‚ INCLUDING‚ BUT NOT LIMITED TO‚ THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY‚ FITNESS FOR A PARTICULAR PURPOSE‚ TITLE‚ QUIET ENJOYMENT‚ ACCURACY‚ OR NON–INFRINGEMENT AND MYMELEE DOES NOT GUARANTEE AND DOES NOT PROMISE (A) ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (C) THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED‚ TIMELY‚ SECURE‚ OR ERROR–FREE BASIS; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. MYMELEE DOES NOT ASSUME ANY OBLIGATION TO MONITOR ACTIVITIES ON THE SERVICE.
Limitations on Liability
Notwithstanding any other provision of this Agreement‚ our entire 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 us for the Service during the term of this Agreement. Except in jurisdictions where such provisions are restricted‚ in no event will we be liable to you or any third person for any indirect‚ consequential‚ exemplary‚ incidental‚ special or punitive damages‚ including lost profits arising from your use of the Website or the Service.
Governing Law
By visiting and/or becoming a Member of the Website‚ you agree that the
laws of the State of Delaware‚ without regard to principles of conflict
of laws‚ will govern these Terms of Service and any dispute of any sort
that might arise between you and MyMelee. With respect to any disputes
or claims not subject to arbitration‚ you agree not to commence or prosecute
any action in connection therewith other than in the state and federal
courts of Georgia‚ 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 Georgia.
Electronic Communications
The communications between you and MyMelee use electronic means‚ whether you visit the Website or send us emails‚ or whether MyMelee posts notices on the Website or communicates with you via email. For contractual purposes‚ you (a) consent to receive communications from MyMelee in an electronic form; and (b) agree that all terms and conditions‚ agreements‚ notices‚ disclosures‚ and other communications that MyMelee provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in writing. The foregoing does not affect your rights that cannot be waived.
Indemnity
You agree to indemnify and hold MyMelee harmless from any loss‚ liability‚ claim‚ or demand‚ including reasonable attorneys fees‚ arising out of or relating to: (a) your use of the Website or the Service (including the Posting by you of any Content on the Website) in violation of this Agreement; (b) any other breach of this Agreement by you; or (c) any breach of your representations and warranties set forth above.
Other
You will be deemed to have accepted the terms of this Agreement upon use of the Website or by creating an account. This Agreement‚ together with our Privacy Policy ‚ and any notices regarding the Website or the Service sent to you or posted on the Website‚ which are incorporated herein by this reference‚ contains the entire agreement between you and us regarding the use of the Website or the Service. Failure for us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful‚ the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please email us at info@MyMelee.com with any questions regarding this Terms of Service.
