Terms of Use
Basically...
TodaysMeet provides a service and would love
for you to use it. The basic service is free, and we may
offer paid upgrades for advanced features in the future. Our
service is designed to allow open and uncensored discussion,
and encourage you to express yourself freely. However, be
responsible in what you say. In particular, make sure that
none of the prohibited items listed below appear in or are
linked from your rooms (stuff like spam, viruses, illegal
downloads, or hate content).
These Terms of Use are available under a Creative
Commons Sharealike license, which means you're more
than welcome to steal it and repurpose it for your own
use—just make sure to replace references to us with
ones to you. They are based on the Terms of Service from
WordPress.com.
Terms of Use
The following terms and conditions govern all use of the
TodaysMeet website and all content, services, and
products available at or through the website (together,
the "Website"). The Website is owned and operated by
James Socol (the "Owner"). The Website is offered subject
to your acceptance without modification of all terms and
conditions contained herein and all other operating rules,
policies (including, without limitation, TodaysMeet's
Privacy Policy and procedures that may be published from time to time on
this Site by the Owner (collectively, the "Agreement").
Please read this Agreement carefully before accessing or
using the Website. By accessing or using any part of the
Website, you agree to become bound by the terms and
conditions of this agreement. If you do not agree to all
the terms and conditions of this agreement, then you may
not access the Website or use any services. If these
terms and conditions are considered an offer by the Owner,
acceptance is expressly limited to these terms. The
Website is available only to individuals who are at least
13 years old.
Responsibility of Contributors. If
you create a room, post to a room, post material to
the Website, post links on the Website, or otherwise
make (or allow any third party to make) material
available by means of the Website (any such material,
"Content"), you are entirely responsible for the
content of, and any harm resulting from, that Content.
That is the case regardless of whether the Content in
question constitutes text, graphics, an audio file, or
computer software. By making Content available, you
represent and warrant that:
- the downloading, copying and use of the
Content will not infringe on the proprietary
rights, including but not limited to the
copyright, patent or trade secret rights, of
any third party;
- if your employer has rights to intellectual
property you create, you have either (i)
received permission from your employer to
post or make available the Content,
including but not limited to any software,
or (ii) secured from your employer a waiver
as to all rights in or to the Content;
- you have fully complied with any third-party
licenses relating to the Content, and have
done all things necessary to successfully
pass through to end users any required terms;
- the Content does not contain or install any
viruses, worms, malware, Trojan horses, or other
harmful or destructive content;
- the Content is not spam, is not machine- or
randomly-generated, and does not contain
unethical or unwanted commercial content
designed to drive traffic to third-party sites
or boost the search engine rankings of
third-party sites, or to further unlawful acts
(such as phishing) or mislead recipients as to
the source of the material (such as spoofing);
- the Content is not obscene, libelous or
defamatory, hateful or racially or ethnically
objectionable, and does not violate the privacy
or publicity rights of any third party;
- your room is not named in a manner tha misleads
your visitors into thinking that you are another
person or company (for example, your room's URL
or name is not the name of a person other than
yourself or a company other than your own); and
- you have, in the case of Content that includes
computer code, accurately categorized and/or
described the type, nature, uses, and effects of
the Content, whether requested to do so by
TodaysMeet or otherwise.
By submitting Content to TodaysMeet for inclusion in
a room, you grant TodaysMeet a world-wide,
royalty-free and non-exclusive license to reproduce,
modify, adapt and publish the Content soley
for the purpose of displaying, distributing, and
publishing your room. If you delete Content,
TodaysMeet will make reasonable efforts to remove
it from the Website, but you acknowledge that caching
or references to the Content may not be made
immediately unavailable.
Without limiting any of those representations or
warranties, TodaysMeet has the right (though not
the obligation) to, in TodaysMeet's sole discretion
to (i) refuse or remove any content that, in Today's
Meet's reasonable opinion, violates any TodaysMeet
policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the
Website to any individual or entity for any reason,
in TodaysMeet's sole discretion.
- Responsibility of Website Visitors.
TodaysMeet has not reviewed, and cannot review, all
of the material posted to the Website, and cannot
therefore be responsible for that material's content,
use or effects. By operating the Website, Today's
Meet does not represent or imply that it endorses the
material there posted, or that it believes such
material to be accurate, useful or non-harmful. You
are responsible for taking precautions as necessary
to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or
destructive content. The Website may contain Content
that is offensive, indecent, or otherwise
objectionable, as well as content containing
technical inaccuracies, typographical mistakes, and
other errors. The Website may also contain material
that violates the privacy or publicity rights, or
infringes the intellectual property and other
proprietary rights, of third parties, or the
downloading, copying or use of which is subject to
additional terms and conditions, stated or unstated.
TodaysMeet disclaims any responsibility for any
harm resulting from the use by visitors of the
Website, or from any downloading by those visitors
of content there posted.
- Content Posted on Other Websites. We
have not reviewed, and cannot review, all of the
material made available through the websites and
web pages to which Todays's Meet links, and that
link to TodaysMeet. TodaysMeet does not have any
control over those external websites and web pages,
and is not responsible for their contents or their
use. By linking to an external website or web page,
TodaysMeet does not represent or imply that it
endorses such website or web page. You are
responsible for taking precautions as necessary to
protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful
and destructive content. TodaysMeet disclaims any
responsibility for any harm resulting from your
use of external websites and web pages.
- Copyright Infringement and DMCA Policy
As TodaysMeet asks others to respect its
intellectual property rights, it respects the
intellectual proerty rights of others. If you believe
material located or linked to by TodaysMeet
violates your copyright, you are encouraged to
notify TodaysMeet. TodaysMeet will respond to all
such notices, including as required or appropriate
by removing the infringing material or disabling all
links to the infringing material. In the case of a
visitor who may infringe or repeatedly infringes
the copyrights or other intellectual property
rights of TodaysMeet or others, TodaysMeet may,
in its discretion, terminate or deny access to and
use of the Website.
- Intellectual Property This Agreement
does not transfer from the Owner to you any
TodaysMeet or third party intellectual property,
and all right, title and interested in and to such
property will remain (as between the parties) solely
with the Owner. TodaysMeet, the TodaysMeet logo,
and all other graphics or logos on the Website are
copyright by the Owner or their respective copyright
owners. Your use of the Website grants you no right
or license to reproduce or otherwise use any
TodaysMeet or third party copyrights or trademarks.
- Changes The Owner reserves the
right, at it's sole discretion, to modify or replace
any part of this Agreement. It is your responsibility
to check this Agreement periodically for changes. Your
continued use of or access to the Website following
the posting of any changes to this Agreement
constitutes acceptance of those changes. TodaysMeet
may also, in the future, offer new services and/or
features through the Website (including the release
of new tools and resources). Such new features and/or
services shall be subject to the terms and conditions
of this Agreement.
- Termination The Owner may terminate
your access to all or any part of the Website at any
reason, with or without cause, with or without notice,
effective immediately. If you wish to terminate this
Agreement or your TodaysMeet account (if you have
one), you may simply discontinue using the Website.
All provisions of this Agreement which by their nature
should survive termination shall survive termination,
including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of
liability.
- Disclaimer of Warranties. The
Website is provided "as is." The Owner and its
suppliers and licensors hererby disclaim all
warranties of any kind, express or implied, including,
without limitation, the warranties of merchantability,
fitness for a particular purpose and
non-infringement. Neither the Owner nor its
suppliers or licensors makes any warranty that the
Website will be error free or that access thereto will
be continuous or uninterrupted. You understand that
you download from, or otherwise obtain content or
services through, the Website at your own discretion
and risk.
- Limitation of Liability. In no event
will the Owner, or its suppliers and licensors, be
liable with respect to any subject matter of this
agreemenet under any contract, negligence, strict
liability or other legal or equitable theory for:
(i) any special, incidental or consequential
damages; (ii) the cost of procurement or substitute
products or services; (iii) for the interruption of
use or loss or corruption of data; or (iv) for any
amounts that exceed the fees paid by you to the
Owner under this agreement during the twelve (12)
month period prior to the cause of action. The Owner
shall have no liability for any failure or delay due
to matters beyond their reasonable control. The
foregoing shall not apply to the extent prohibited
by applicable law.
- General Representation and Warranty.
You represent and warrant that (i) your use of the
Website will be in strict accordance with the Today's
Meet Privacy Policy, with this Agreement, and with
all applicable laws and regulations (including without
limitation any local laws or regulations in your
county, state, city, or other governmental area,
regarding online conduct and acceptable content, and
including all applicable laws regarding the
transmission of technical data exported from the
United States or the country in which you reside) and
(ii) your use of the Website will not infringe or
misappropriate the intellectual property rights of
any third party.
- Indemnification. You agree to
indemnify and hold harmless the Owner, its contractors,
and its licensors, and their respective directors,
officers, employees and agents from and against any and
all claims and expenses, including attorney's fees,
arising out of your use of the Website, including but
not limited to out of your violation of this Agreement.
- Miscellaneous. This Agreement constitutes
the entire agreement between the Owner and you concerning
the subject matter hereof, and they may only be modified
by a written amendment signed by the Owner, or by the
posting by the Owner of a revised version. Except to the
extent of applicable law, if any, provides otherwise, this
Agreement, any access to or use of the Website will be
governed by the laws of the state of Michigan, U.S.A.,
excluding its conflict law provisions, and the proper
venue for any disputes araising out of or relating to
any of the same will be the state and federal courts
located in Ingham County, Michigan. Except for claims for
injunctive or equitable relief or claims regarding
intellectual property rights (which may be brought in
any competent court without the posting of a bond), any
dispute arising under this agreement shall be finally
settled by arbitration. The arbitration shall take place
in Lansing, Michigan, in the English language and the
arbitral decision may be enforced in any court. The
prevailing party in any action or proceeding to enforce
this Agreement shall be entitled to costs and attorney's
fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the
parties' original intent, and the remaining portions will
remain in full force and effect. A waiver by either party
of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term
or condition or any subsequent breach thereof. You may
assign your rights under this Agreement to any party
that consents to, and agrees to be bound by, its terms
and conditions; the Owner may assign its rights under
this Agreement without condition. This Agreement will
be binding upon and will inure to the benefit of the
parties, their successors and permitted assigns.