Please read this membership agreement (the "Agreement") carefully before accessing the services provided at or through The RateMy Network (the "Services"). By accessing or using the Services, you agree to be bound by the terms and conditions set forth below. If, however, you do not want to be bound by the terms and conditions below, you may not use the Services. The creators of The RateMy Network -- infiniteMEDIUM Incorporated and its affiliates (individually and collectively referred to below as the "Network" or The RateMy Network) offer the Services on the express condition that persons accessing them agree to the terms of this Agreement. The Network reserves the right to change this Agreement from time to time, and such changes will become effective immediately upon posting of the revised Agreement to the Network site. You agree to periodically review the Agreement, and your continued access of the Services shall constitute acceptance of the revised Agreement.
Persons under 16 are prohibited from using the Services. If you are under 18, you should fully inform a parent or legal guardian of your intention to use the Services, including posting your photo, and your parent or guardian must give you permission to do so. If a parent or guardian gives you any directions regarding your use of the Services, you will strictly comply with those directions. By accessing or using any of the Services, you certify that you are 16 or older, and, if you are under 18, you certify that you have the permission of, and will comply with any directions from, your parent or guardian. You understand that The RateMy Network will rely on these certifications. The Network reserves the right to cancel any account opened, and to remove any information posted, by anyone The RateMy Network believes to be under 16 or otherwise not in compliance with the policies stated above. If you access or use any of the Services, and you are either under 16, or in violation of any of these policies, The RateMy Network may disclose your false certifications, any information you post, and any information about your use of the Services if such disclosure is legally required or necessary or appropriate to protect the Networks legal rights, business, reputation, or image.
Copyright and Licenses
The Services provided to you by The RateMy Network, including images, logos, text, programs or other materials found on The RateMy Network site ("Content") are proprietary to The RateMy Network and are protected by intellectual property laws and international treaties. You may download and print one copy of a page view from the site for your own personal (i.e., non-commercial) use. Any other reproduction, retransmission, or publication of all or any portion of the Content without express written consent from The RateMy Network is strictly prohibited.
As a part of the Services, you may submit information to The RateMy Network or otherwise post material for inclusion in the Content. Any such submission (including without limitation ideas, images, and text) shall become the exclusive property of The RateMy Network, and you hereby grant The RateMy Network a non-exclusive, worldwide, royalty free, perpetual, irrevocable, license to use, copy, sublicense, perform, transmit, access, publicly display, modify, adapt, create derivative works and use derivative works of any submissions that you provide to The RateMy Network.
When you create your account, remember that you release and hold harmless The RateMy Network, infiniteMEDIUM Incorporated (iM), their affiliates, and respective directors and employees from any and all loss, damages or costs, financial or otherwise, which might result from your participation in any Service, or accessing any website, offered through The RateMy Network. You understand that your account can be removed by you at any time, and by The RateMy Network if you violate this Agreement, The RateMy Network Acceptable Use Policy (Policy), or any Network rules. You also understand and agree that your account, or any part of it, may be used by The RateMy Network or its affiliates for promotional, advertising, or marketing purposes. Further, you give your permission to the Network and its members to contact you via the Networks Services regarding your submission. You agree to be held liable for any and all damages if you post a fraudulent picture of, or false, embarrassing, or personal information about, someone other than yourself. You understand that your IP address will be logged for tracking purposes. You have read and understand The RateMy Network Policy and any instructions and rules, and agree to comply with them.
The RateMy Network is aware, and wants to make sure you're aware, that people do abuse the Internet. Be aware that there are Internet predators and that the Network HAS A PROCEDURE FOR RESPONDING TO ANY OF YOUR CONCERNS REGARDING ANY COMMUNICATION YOU RECEIVE THROUGH the Network. Based on a forum discussion RateMyFace conducted with its members, we have developed a procedure designed to protect you from Internet predators while allowing you and other members the greatest freedom of communication. This procedure is dependent on self-monitoring, and you are the first step in protecting the entire community. If you feel someone has inappropriately contacted you, or has made comments to or about you that are in any way threatening, hateful, defamatory, or sexually inappropriate, contact the administrator of The RateMy Network site immediately. The RateMy Network takes this issue seriously and the sites administrator will initiate prompt actions that it deems reasonable to deal with your concerns under the circumstances, in accordance with our review and compliance procedures.
DO NOT HESITATE TO INFORM THE ADMINISTRATOR OF ANY CONCERN YOU HAVE ABOUT ANY COMMUNICATION YOU RECEIVE OR ANY COMMUNICATION ABOUT YOU.
The RateMy Network makes no warranties of any kind and, to the extent permitted by applicable state law, disclaims all liability (including without limitation consequential, incidental, PUNITIVE and direct damages) associated with use of its services regardless of whether an action or claim is based In tort, breach of warranty, strict liability, breach of contract or statute. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES AND TO TERMINATE THIS AGREEMENT. Members acknowledge and agree that The RateMy Network exercises no control over, and accepts no responsibility for, the content passing through The RateMy Network or the Internet. NEITHER The RateMy Network, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES, MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). The RateMy Network IS NOT LIABLE FOR THE USE OF ITS SERVICES OR FOR THE CONTENT TRANSFERRED TO OR FROM The RateMy Network MEMBERS, OR STORED BY The RateMy Network.
You agree to indemnify The RateMy Network and its affiliates, and each of their officers, directors, principals, agents, suppliers, employees, and subcontractors from and against all losses, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of this Agreement or The RateMy Network Policy or rules.
Representations and Warranties
You represent and warrant, with the intention that The RateMy Network will rely thereon, that: (a) any picture you post is you; (b) you have fully read and understand this Agreement; (c) you are of proper age and have the power and authority to enter into this Agreement; (d) if you are under 18, you have fully informed a parent or legal guardian of your intention to use the Services, including the posting of your photo, your parent or guardian has given you permission to do so, and you will use the Service in strict compliance with any directions your parent or guardian has given; (e) you have never been convicted of, nor been the subject of any civil judgment for, any sexual offense, any other crime or tort against a person (including without limitation, assault, battery, defamation, or invasion of privacy), or intellectual property infringement, and no claim or charge alleging any such offense or tort is presently pending against you; (f) you shall comply with the terms and conditions of this Agreement, including without limitation The RateMy Network Policy and rules, and (g) you have provided accurate and complete account registration information, including your age (or date of birth), legal name, and other contact information.
If any portion of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in effect.
State law issues concerning construction, interpretation and performance of this Agreement shall be governed by the substantive law of the State of New York, excluding its choice of law rules that are contrary to the parties' intent that substantive law of the State of New York apply.