My Viral Spiral Web Site Agreement
The My Viral Spiral Web Site (the "Site") is an online information service
provided by My Viral Spiral ("My Viral Spiral "), subject to your compliance
with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT
CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE
SITE. My Viral Spiral MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are My Viral Spiral,
its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may
print and download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not to change or
delete any copyright or proprietary notices from the materials. You agree to
grant to My Viral Spiral a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any public areas of the
Site (such as bulletin boards, forums and newsgroups) or by e-mail to My Viral
Spiral by all means and in any media now known or hereafter developed. You also
grant to My Viral Spiral the right to use your name in connection with the
submitted materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You agree that
you shall have no recourse against My Viral Spiral for any alleged or actual
infringement or misappropriation of any proprietary right in your communications
to My Viral Spiral.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of My Viral Spiral. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by My Viral Spiral, My Viral Spiraldoes not
operate, control or endorse any information, products or services on the
Internet in any way. Except for My Viral Spiral- identified information,
products or services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties, that are not
affiliated with My Viral Spiral a. You also understand that My Viral Spiral cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. My Viral Spiral PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND My Viral Spiral SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
My Viral Spiral DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
My Viral Spiral HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL My Viral Spiral BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF My Viral Spiral OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, My Viral Spiral LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
My Viral Spiral makes no representations whatsoever about any other
web site which you may access through this one or which may link to
this Site. When you access a non-My Viral Spiral web site, please
understand that it is independent from My Viral Spiral, and that
My Viral Spiral has no control over the content on that web site. In
addition, a link to a My Viral Spiral web site does not mean that
My Viral Spiral endorses or accepts any responsibility for the content,
or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless My Viral Spiral, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of My Viral Spiral and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6. Affiliates
Affiliates may be paid commissions for referring buyers to My Viral
Spiral.
Such commissions are paid at the discretion of My Viral Spiral. Commissions are
payable for referring other buyers only and may not be used by affiliates
for their own purchases. Any payments made to affiliates for commissions
earned on their own purchases are void and should immediately be repaid to {sidename}
in good faith. Failure to do so voids any other rights which may be afforded
to the affiliate.
The affiliate commission structure is specified within the members area.
At all times it remains changeable at the discretion of My Viral Spiral.
7. Refunds
If you are unsatisfied with your purchase of MyViralSpiral, then you will
be entitled to a refund. Your request should be logged within 30 days of
purchase and your refund will be paid as soon as possible. Sometimes
repayment may take up to 30 days from request. See below for terms of
Monthly Payment Plan refunds and termination.
8. Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree that any legal
action or proceeding between My Viral Spiral and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. My Viral Spiral's failure to insist upon or
enforce strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice shall act to
modify any provision of this Agreement. My Viral Spiral may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
9. Monthly VIP Hosted Agreement
Domain Name:
If MVS registers the domain then it remains the property of MVS. For domains that are registered elsewhere,
please point it to these nameservers: ns1.thefreedomlist.biz and
ns2.thefreedomlist.biz so you can point your domain to our server at your
registrar.
Service:
VIP Hosted includes (optional) registration of your new domain and the
hosting of it on MVS's dedicated server. It also includes the professional setup
of your MySQL database and installation of the script to ensure correct
configuration.
Maintenance:
With each update of the software, our installation team will update your site
manually. You should allow up to 72 hours from the announcement of a new patch
for this update to occur.
Backups:
Your MVS site will be included in the daily backup routine, and backed up to a
different off-site server. In the event of a restoration from server failure,
everything will be done to restore it as soon as possble, however you should
allow at least 48 hrs.
Payment:
Your MVS VIP-hosted site is charged monthly by subscription payment by Paypal or
by Credit card in advance. The price you paid is liable to rise with annual
inflation, or other factors. We will notify you of any price increase in
advance.
Termination:
If you wish to terminate your VIP Hosted membership, or transfer your site to a
server elsewhere, please allow 30 days notice.
Refunds
Monthly VIP Hosted Plan payments are made on the understanding that they include
registration of a domain, hosting set-up and installation. The value of these
three items are not refundable. When it comes to refunds MVS will look at each
case individually, but it should be understood that only the current month's
subscription payment is refundable.
Any rights not expressly granted herein are reserved.
© 2007 My Viral Spiral ,All rights reserved.
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