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Terms and Conditions of Service (TOS)
MyProfileWriter.com is provided to adults as a free service enabling them to create profiles for posting on personals sites (the "Service" or "MyProfileWriter.com"). The Service is provided by IdeaTeem, Inc., a Michigan corporation. This legal agreement is made between You and IdeaTeem, Inc. ("Agreement"). Please read the entire Agreement before using the Service in any way. By accessing MyProfileWriter.com and using any Service provided by it, You agree to be bound by the terms and conditions of this Agreement. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SERVICE IN ANY WAY. The terms and conditions of this Agreement may be modified by MyProfileWriter.com at any time, effective when posted on the Service. You can read the most current version of the Agreement at any time at http://www.MyProfileWriter.com/tos.html.
ELIGIBILITY: Use of this Service is limited to persons 18 years of age or older. By using the Service, You represent and warrant that You are at least 18 years old and have the right, authority, and capacity to enter into this Agreement and to abide by its terms and conditions. The MyProfileWriter.com Service is for Your sole, personal use.
PROHIBITION OF BUSINESS USAGE: You may not use any MyProfileWriter.com Service for any group or commercial activity without prior written consent from IdeaTeem, Inc. Use of our Service by any business entity, or any person, entity, organization, or computer acting on behalf of any business entity, is strictly prohibited.
TERM AND TERMINATION: You specifically agree to be bound by all provisions of the Agreement for all past, present, and future actions that You take or have taken as a result of Your participation in any MyProfileWriter.com Service.
PROPRIETARY AND PERSONAL RIGHTS: By posting any content into a profile, You represent and warrant to MyProfileWriter.com that:
1. The content is posted by You.
2. You are the exclusive author and copyright owner of Your profile text, except for those portions generated by our interactive pages.
3. You have not assigned or licensed such rights to others in any way that would prevent or limit Your right to use them in your profile.
Although MyProfileWriter.com retains ownership of those portions of your profile generated by our interactive pages or transmitted via any aspect of our Service, we grant you a license to use such text for your sole, personal use. By adding any text into a profile, You automatically grant, and You represent and warrant that You have the right to grant to MyProfileWriter.com, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to use, copy, perform, display, reproduce, modify, adapt, translate, publish, promote, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. MyProfileWriter.com may edit, use, distribute or make available any text posted into a profile or transmitted via the Service, as we see fit, in any form, media, or technology now known or hereafter developed, for any purpose whatsoever, subject only to the terms set forth in these Terms of Service.
If You discover that someone using our Service has illegally expropriated content that You own, or generated content that is defamatory, libelous, threatening, or otherwise potentially injurious to You, or otherwise violates our Terms of Service, please notify us by means of the Contact Us form available at http://www.MyProfileWriter.com/contact.php.
If you believe that your work has been posted on our Service in a way that constitutes copyright infringement, please provide MyProfileWriter.com with a Notice of Infringement Form consisting of the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our site; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our address for reporting infringement of intellectual property is: 6680 Traverse Road, Thompsonville, MI 49683. Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent. Please provide a Notice of Infringement Form each time you wish to report alleged acts of infringement. If You contact MyProfileWriter.com and are not the author of the material that You claim copyright ownership of, furnish MyProfileWriter.com with proof of ownership. According to the Copyright Act (17 U.S.C. § 101 et.seq.), a transaction transferring copyright ownership must be in writing and must be signed by the owner of the copyright being transferred. In any dispute concerning copyright ownership, MyProfileWriter.com shall assume that the author of the material is the copyright owner unless MyProfileWriter.com is furnished with a written, signed contract that indicates otherwise.
USER CONDUCT: By using this Service, You agree that:
1. You will abide by all applicable laws and regulations. All rights to use MyProfileWriter.com are granted on condition that such rights are forfeited if you fail to comply with every provision of this Agreement.
2. You agree not to transfer or resell Your use of or access to our Site to any third party.
3. You are solely responsible for the use of all profile text that you generate.
4. If You subscribe to any of our mailing lists, such as a request to be notified when we add new features to this site, You agree to accept and consent to receiving e-mail communications initiated from MyProfileWriter.com. You agree that you will not consider any message from MyProfileWriter.com to be spam; You therefore agree to waive any rights under the law concerning spam. You understand and agree that any advertisements posted on this site or sent in conjunction with e-mails to You are necessary for MyProfileWriter.com to provide our Service. Your e-mail address will never be released to any person or corporation not affiliated with MyProfileWriter.com unless MyProfileWriter.com is presented with a court order compelling such disclosure.
5. You will not impersonate any person or entity.
6. You will not impersonate any MyProfileWriter.com representative.
7. You will not generate any personal or identifying information about another person.
8. You will not collect or reuse, for commercial or non-commercial purposes, any content, including but not limited to text or photos, found on MyProfileWriter.com.
9. You will not use our Service to engage in any business activity, including but not limited to advertising or marketing any product or service.
10. You will not resell our Service or any use of or access to our Service.
11. You will not use our Service to transmit any unsolicited commercial e-mail (spam), junk mail, chain letters, pyramid schemes, affiliate marketing, link referral code, or commercial advertisements of any sort.
12. You will not provide information that may assist others in illegally downloading music or video files.
13. You will not generate or transmit any material that exploits anyone under the age of 18 in a sexual or violent manner, or may harm minors in any way.
14. You will not "frame" or "mirror" any part of our Service, without our specific prior written and signed consent.
15. You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Service or its contents.
16. You will not access MyProfileWriter.com in any way other than our normal user interface, in which You, an individual (not a corporation or any person, entity, organization, or computer acting on behalf of any business, group, organization, or other entity) manually create a profile and headline. Any attempt to access MyProfileWriter.com in any automated or semi-automated way is strictly prohibited for all Users.
17. You will not interfere with the use and enjoyment of our Services by other Users, including but not limited to, attempts to interfere or disrupt our Service or any site, servers, or networks connected to MyProfileWriter.com.
18. You will not generate, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
19. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through our Service.
20. You will not use meta tags or code or other devices containing any reference to MyProfileWriter.com or our Service or any site connected to our Service in order to direct any person or computer to any other web site for any purpose.
21. You will not provide information about illegal or potentially harmful activities such as the manufacture or usage of illegal drugs or weapons.
22. You will not generate any profile content that is defamatory, libelous, inaccurate, abusive, pornographic, obscene, vulgar, profane, offensive, tortious, threatening, harassing, invasive of another's privacy, or racially or ethnically offensive.
23. You will not generate any profile content that infringes or violates the rights of another party (including, but not limited to, rights of privacy and publicity, and intellectual property rights, including copyrighted material, trademarks, inside information, confidential information, trade secrets, or other proprietary information). It is Your responsibility to ensure that You obtain all consents, authorizations and clearances in any text owned or controlled by third parties that You generate or transmit using this Service. MyProfileWriter.com will not be liable in any way for any violations of copyright or other proprietary rights as a result of Your use of our Service.
24. You understand and agree that MyProfileWriter.com reserves the right to modify or discontinue, temporarily or permanently, our Service at any time with or without notice to you. You agree that MyProfileWriter.com shall not be liable to you or any third party for any modification or discontinuance of our Service.
25. You understand and agree that MyProfileWriter.com cannot guarantee that every user of our Service is at least the required minimum age of 18, nor does MyProfileWriter.com accept responsibility or liability for any content, communication or other use or access of our Service by persons under the age of 18 in violation of this Agreement.
26. You understand and agree that You cannot sue MyProfileWriter.com, IdeaTeem, Inc., or any of its officers, directors, employees, agents, subsidiaries, affiliates and any other related third parties, for any damages done to You through the site.
PENALTIES: You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then You will be liable to pay MyProfileWriter.com liquidated damages for each instance of violating any of our Terms of Service. These liquidated damages are:
1. For any attempt to bypass our normal user interface and access, alter, or interfere with our database or any MyProfileWriter.com functionality: $500,000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses.
2. For any business usage other than that stipulated above: $1000 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses.
3. For all other TOS violations: $100 per occurrence plus all fees incurred in the collection of the penalty, including court costs, attorney fees, and other expenses.
MyProfileWriter.com may choose, in its sole discretion, to issue a warning before assessing damages. MyProfileWriter.com may choose, in its sole discretion, to distribute some or all of the damages to any person or corporation affected by a TOS violation.
INDEMNITY BY USER: You agree to defend, indemnify, and hold IdeaTeem, Inc., its officers, directors, employees, agents, subsidiaries, affiliates and any other related third parties, harmless relative to any liabilities, damages, losses, costs, and/or expenses, to include reasonable and actual attorney fees, directly or indirectly relating to or arising out of your use of MyProfileWriter.com, including, but not limited to:
1. Your breach of this Agreement.
2. Your activities in connection with our Service.
3. Any allegation that any materials that You submit to MyProfileWriter.com, or transmit via our Service, infringes or otherwise violates the copyright, trademark, trade secret, or other intellectual property or other rights of any third party.
ONLINE CONTENT: You agree and acknowledge that opinions, advice, statements, offers or other information or content made available through any use of our Service, unless expressly stated to the contrary, are not made by or on behalf of MyProfileWriter.com. Opinions, advice, statements, offers, or other information or content made available through the use of MyProfileWriter.com's Service, but not directly by MyProfileWriter.com, are those of their respective authors. MyProfileWriter.com MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, with regard to such matters. Such authors are solely responsible for such content. MyProfileWriter.com does not represent, warrant, guarantee, or vouch for, in any respect, the accuracy, completeness, or usefulness of any information on the MyProfileWriter.com Service, and MyProfileWriter.com neither endorses nor can be responsible for the accuracy or reliability of any opinion, advice or statement made by parties other than MyProfileWriter.com. Under no circumstances shall MyProfileWriter.com be responsible for any loss or damage resulting from any person's reliance upon information generated or transmitted by this Service. MyProfileWriter.com claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties, and nothing in this Agreement is intended to waive, remove, or usurp such immunity.
SUGGESTIONS: If You have suggestions for new or revised About Me items, About My Match items, or headlines, or if You have suggestions on how to improve our Service or can suggest new applications for it, please contact MyProfileWriter.com at http://www.MyProfileWriter.com/contact.php. Please note that by doing so, You also grant MyProfileWriter.com and third parties permission to use and incorporate your ideas or comments into our Service (or other IdeaTeem, Inc. products and services) without further compensation, although MyProfileWriter.com may, in its sole discretion, send You a gift package if You are the first to suggest a beneficial application or improvement.
ADVERTISERS, VENDORS, AND THIRD PARTIES: Your correspondence, transactions or other dealings with advertisers, or other third parties available on or linked through MyProfileWriter.com, including but not limited to payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser, partner, vendor or other third party. MyProfileWriter.com does not endorse nor is MyProfileWriter.com responsible or liable for any content, advertising, products, or other materials on or available from such parties or resources. You agree not to hold MyProfileWriter.com liable for any loss or damage incurred as the result of your participation with the advertisers, partners, vendors, or other third parties available on or through our Service, or as the result of any dealings with such parties, including but not limited to the purchase or use of goods or services offered on or through the MyProfileWriter.com site.
INTELLECTUAL PROPERTY: All intellectual property rights in and to our Service are and shall be owned by MyProfileWriter.com, absolutely. Those rights include, but are not limited to, database rights, patents, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same; MyProfileWriter.com waives no such rights, and expressly reserves the same. You may not copy, modify, publish, transmit, distribute, perform, display or sell any MyProfileWriter.com material or information obtained from our Service. You agree not to duplicate, reproduce, copy, sell, trade, or exploit for any commercial purpose, any of our Services. You agree not to modify, adapt, sublicense, translate, or create derivative works based on our Service, in whole or in part. You agree not to reverse engineer, reverse assemble, decipher, decompile, or otherwise attempt to discover any source code used by MyProfileWriter.com for the provision of our site or Services. You agree not to modify our software in any manner or form, or to use modified versions of our software, or to cause or enable others to do so. Our Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any modification, copying, reproduction, duplication, or creation of derivative works from, is prohibited. You may not copy, reproduce, duplicate, sell, or exploit for any purpose, any aspect of our Service.
MODEL IMAGES: Unless explicitly stated otherwise, none of the models on this site are affiliated with it, its owner and products or opinions, nor do the models endorse any of its content. The models are models, not spokespersons. Furthermore, by appearing on this site, we in no way suggest that any model participates in online dating. The models were chosen for their exceptional appearance, which probably means that they have as much need for an online dating service as Bill Gates does for an allowance.
If you are one of the models (or their photographers) on this site, or one of my other sites or books, you are eligible for benefits beyond the fee I paid to use your images. Please visit this page for additional information.
1. AS IS. MYPROFILEWRITER.COM PROVIDES ITS SERVICE SOLELY ON AN "AS IS" BASIS.
2. NO WARRANTIES. MYPROFILEWRITER.COM GRANTS NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, DIRECTLY OR IN ANY OTHER COMMUNICATION WITH OUR REPRESENTATIVES, OR WITH MYPROFILEWRITER.COM, DIRECTLY OR OTHERWISE, WITH RESPECT TO THE SERVICE.
3. EXPRESS DISCLAIMER OF IMPLIED WARRANTIES. MYPROFILEWRITER.COM EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.
4. OTHER WARRANTIES. FURTHER, MYPROFILEWRITER.COM DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR FREE, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. MYPROFILEWRITER.COM DISCLAIMS LIABILITY FOR, AND MAKES NO WARRANTY WHATSOEVER, WITH RESPECT TO CONNECTIVITY AND AVAILABILITY.
5. NO WARRANTIES AS TO CONTENT. ANY MATERIAL DOWNLOADED, OR OTHERWISE OBTAINED BY USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MYPROFILEWRITER.COM IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
6. SOLE AND EXCLUSIVE REMEDY. IF YOU ARE DISSATISFIED WITH ANY MYPROFILEWRITER.COM SERVICE, OR WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AT ANY TIME, NOW OR IN THE FUTURE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE UTILIZATION OF MYPROFILEWRITER.COM SERVICE.
LIMITATION OF LIABILITY: IN NO EVENT WILL MYPROFILEWRITER.COM BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF MYPROFILEWRITER.COM OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF YOU ARE A RESIDENT OF SUCH A JURISDICTION, OR ACCESS OUR SERVICE IN OR THROUGH SUCH A JURISDICTION, MYPROFILEWRITER.COM EXPRESSLY INSISTS THAT YOU DO NOT USE ANY OF OUR SERVICES.
COMPLAINTS: To resolve a complaint regarding our Service, You should first contact MyProfileWriter.com by means of the Contact Us form available at http://www.MyProfileWriter.com/contact.php.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE: Recognizing the global nature of the Internet, you agree to comply with all local rules and applicable laws regarding acceptable content, online conduct, and the transmission of data exported from the United States or the country in which you reside.
EXPORT/IMPORT CONTROLS: Use of our Services is subject to United States export controls and the import control laws of other countries. No use of our web site or Service is permitted by (1) a national or resident of Cuba, Iran, Iraq, Libya, North Korea, Iran or Syria, or any national or resident of any other Country to which the U.S. has embargoed goods or (2) anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List. By using our Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
DISPUTE RESOLUTION: If there is any dispute involving MyProfileWriter.com or our Service, You agree that the dispute will be governed by and construed in accordance with the laws of the State of Michigan without regard to the conflict of law provisions of Michigan or your actual state or country of residence. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
GENERAL: You certify that You have read and that You agree to be bound by the terms and conditions in this Agreement. If any provision of the Agreement is found by a court to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. The failure of MyProfileWriter.com to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. These Terms of Service constitute the entire agreement between You and MyProfileWriter.com with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by IdeaTeem, Inc. You hereby consent to the exchange of information and documents between us electronically over the Internet or by e-mail, and that this electronic Agreement shall be the equivalent of a written paper agreement between us.