Home
 

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.

TrafficServer 1.01 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.