PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE
YOUR RIGHTS AND RESPONSIBILITIES
This is the official Terms of Use
Agreement ("Agreement") for http://www.ratefame.com/ and http://www.ratefame.com/ ("Site," "we,"
"us," or "our"), Internet websites offered by Ratefame.com ("Rawda"). This Agreement governs only the content, features,
and activities related to this Site and does not cover websites for any other
websites, for the Parent Companies and any subsidiaries and
affiliates of Ratefame.com and the Parent Companies (collectively, "Affiliates"),
or for any other company, unless specifically stated.
This Site is
offered and made available only to users 18 years of age or older who reside in
the United States of America, its territories and possessions ("U.S.")
and certain features on this Site (including, but not limited to, user
registration and newsletter signups) may be subject to heightened age and/or
other eligibility requirements. If you are not yet 18 years old or the
required greater age for certain features, do not reside in the U.S. and/or do
not meet any other eligibility requirements, please discontinue using the Site
immediately or, if for any reason, you do not agree with all of the terms and
conditions contained in this Agreement, please discontinue using the Site
immediately, because by using or attempting to use the Site, you certify that
you are at least 18 years of age or other required greater age for certain
features and meet any other eligibility and residency requirements of the
Site.
These terms and conditions regarding your use of the Site
constitute a legally binding agreement between you and the Site and the Parent
Companies. In this Agreement, the term "Site" includes all websites and webpages
within the Site as well as any equivalent, mirror, replacement, substitute or
backup websites and webpages that are associated with the Site. By using this
Site, you understand, acknowledge and agree that you will abide by the terms of
this Agreement and any additional terms that govern certain products and
services, which will be presented in conjunction with those products and
services ("Additional Terms"). The Site may also provide rules of
participation ("Rules") for certain activities and services including,
but not without limitation, contests and sweepstakes, award programs, membership
clubs, email, and dating services. The Site's Additional Terms, Privacy
Policy and the Rules are hereby incorporated in this Agreement by reference.
To the extent that there is a conflict between this Agreement and Additional
Terms for the activity in which you choose to participate, the Additional Terms
shall govern. To the extent that there is a conflict between this Agreement and
the specific Rules for the activity in which you choose to participate, this
Agreement shall govern. This Agreement will remain in full force and effect as
long as you are a user of the Site and in the event of termination of any
membership, service or feature, you will still be bound by your obligations
under this Agreement, the Privacy
Policy, any Additional Terms or Rules, including any indemnifications,
warranties and limitations of liability.
The words "use" or
"using" in this Agreement, means any time an individual (a
"user"), directly or indirectly, with or without the aid of a machine or
device, does or attempts to access, interact with use, display, view, print or
copy from the Site, transmit, receive or exchange data or communicate with the
Site, or in any way utilizes, benefits, takes advantage of or interacts with any
function, service or feature of the Site, for any purpose whatsoever. This
Agreement does not cover your rights or responsibilities with respect to third
party content or sites or any links that may direct your browser or your
connection to third party sites or pages. This is the entire and exclusive
Agreement between you and us regarding use of the Site and it cannot be
modified, except as specifically described below in Section
2.
1. REGISTRATION
We may require each user to have a
unique user name and password combination in order to access and use certain
features or functions of the Site and may also, from time to time, provide users
with additional codes or passwords necessary to access and use certain features
or functions of the Site. Please read our Privacy
Policy, which describes the personally identifiable information
("Personal Information") we collect, use, disclose, manage and store. As
part of the registration process for the feature or function, you will choose a
user name and password (or we may assign an initial password which we will give
you the option to change). Your user name and password are personal to you and
you may not allow any others to use your user name or password under any
circumstances. We are not liable for any harm caused or related to the theft or
misappropriation of your user name or password, disclosure of your user name or
password, or your authorization of anyone else to use your user name or
password. You agree to immediately notify us if you become aware of or believe
there is or may have been any unauthorized use of (or activity using) your user
name or password or any other need to deactivate your user name or password due
to security concerns.
2. MODIFICATIONS
We reserve the right, at
any time and from time to time, for any reason in our sole discretion, to change
the terms of this Agreement. We will post or display notices of material changes
on the Site and we may also e-mail you about these changes. Once we post them on
the Site, these changes become effective immediately and if you use the Site
after they become effective it will signify your agreement to be bound by the
changes. You should check back frequently and review the terms and conditions of
this Agreement regularly so you are aware of the most current rights and
obligations that apply to you and the terms and conditions of your agreement
with us.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The contents of
this Site, including all Site software, design, text, images, photographs,
illustrations, audio and video material, artwork, graphic material, databases,
proprietary information and all copyrightable or otherwise legally protectible
elements of the Site, including, without limitation, the selection, sequence and
'look and feel' and arrangement of items, and all trademarks, service marks and
trade names (individually and/or collectively, "Material"), are the
property of the Parent Companies, and their Affiliates, and any of their
successors and assigns, and any of their respective licensors, Advertisers (as
defined below), suppliers, and operational service providers and are legally
protected, without limitation, under U.S. Federal and State, as well as
applicable foreign laws, regulations and treaties. Unless the context clearly
requires otherwise or we explicitly say so in writing, the term "Site" includes
"Material" as well. The Site is to be used solely for your noncommercial,
non-exclusive, non-assignable, non-transferable and limited personal use and for
no other purposes. You must not alter, delete or conceal any copyright or other
notices contained on the Site, including notices on any Material you download,
transmit, display, print or reproduce from the Site. You shall not, nor will you
allow any third party (whether or not for your benefit) to reproduce, modify,
create derivative works from, display, perform, publish, distribute,
disseminate, broadcast or circulate to any third party (including, without
limitation, on or via a third party website), or otherwise use, any Material
without the express prior written consent of this website or its owner if the
website is not
the owner. Any unauthorized or prohibited use of any Material may subject you to
civil liability, criminal prosecution, or both, under applicable federal, state
and local laws. We require users to respect our copyrights, trademarks, and
other intellectual property rights. We likewise respect the intellectual
property of others. On notice, we will act expeditiously to remove content on
the Site that infringes the copyright rights of others and will disable the
access to the Site and its services of anyone who uses them to repeatedly to
infringe the intellectual property rights of others.
We take protection
of copyrights, both our own and others, very seriously. We therefore employ
multiple measures to prevent copyright infringement over this Site and to
promptly end any infringement that might occur. If you believe that the Site
contains elements that infringe your copyrights in your work, please follow the
procedures set forth in our Copyright Compliance Policy.
4.
ADVERTISING
From time to time, you may communicate with, receive
communications from, be re-directed to, interact with, or participate in or use
the services or obtain goods and services of or from, third parties
(collectively, the "Advertisers") such as our advertisers, sponsors, or
promotional partners as a result of your use of the Site. All such
communication, interaction and participation is strictly and solely between you
and such Advertisers and we shall not be responsible or liable to you in any way
in connection with these activities or transactions (including, without
limitation, any representations, warranties, covenants, contracts or other terms
or conditions that may exist between you and the Advertiser or any goods or
services you may purchase or obtain from any Advertiser).
5. RULES OF
CONDUCT
Your use of the Site is subject to all applicable local, state,
national laws and regulations and, in some cases, international treaties. You
are solely responsible for all activities, acts and omissions that occur in,
from, through or under your user name or password. You shall not use, allow, or
enable others to use the Site, or knowingly condone use of this Site by others,
in any manner that is, attempts to, or is likely to:
be libelous, defamatory, indecent, vulgar or obscene, pornographic,sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else | |
affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site; | |
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; | |
be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or webpages; | |
transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; | |
forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; | |
violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement; | |
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights or use and enjoyment of the Site by any other person, firm or enterprise; or | |
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so. |
6. SHOPPING
If we offer e-commerce on the Site, any
e-commerce on the Site is brought to you by the website., an operational
service provider and affiliate under this Agreement. All goods and services
offered for sale on the Site ("Products") are not guaranteed by us, only
from the
manufacturer, licensor or distributor against defects in material and
workmanship, if there is problem,
just contact Customer Service and we cannot coordinate attempting to correct,
repair or replace the defective Product or, obtaining a refund
for you. We have no responsibility or liability whatsoever for goods or services
you may obtain from or through other websites or webpages, even if you were
directed or linked to such a site or page through the Site, nor are we
responsible for assisting you in correcting any problem you may experience. You agree that your sole
and exclusive remedy and our sole, exclusive and maximum liability arising from
or relating in any way to any Product shall be the amount you actually paid us
(or our suppliers, operational service providers, or other e-commerce partners)
for it. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY
DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND
ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH
RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Products may
be purchased while supplies last. If a Product is listed at an incorrect price
or with incorrect information, we reserve the right to refuse or cancel orders
placed for that Product, whether or not the order has been confirmed and even if
your account has been charged (in which event we will issue a credit to your
account in the amount of the charge).
Our creation or transmission of an
order confirmation does not signify acceptance of your order, nor constitute a
binding confirmation of an offer to sell any Product and we reserve the right to
accept or decline your order for any reason up until the time the Product is
actually delivered to you. We reserve the right at any time, without prior
notice, to limit or reduce the quantity you ordered of any Product and we will
notify you if we do so. All orders placed over $500.00 (U.S.) must obtain
pre-approval with an acceptable method of payment, as established by our credit
and authorization policies and practices in effect at the time of your order. We
may contact you and require additional information from you before we grant such
pre-approval. Products on the Site are offered for sale only to end user
customers or as personal gifts to end user customers and not for resale. We do
not knowingly accept orders from dealers, exporters, wholesalers, distributors,
resellers or other similar persons or companies, and reserve the right to
refuse, cancel or seek the return of any Products that are purchased in
violation of the foregoing restrictions.
You are responsible for any
taxes imposed on the sale or use of Products and applicable taxes will be added
to the amount charged for Products purchased on the Site. If an order consists
of multiple items, they may be shipped separately depending on
availability.
7. WIRELESS MARKETING SERVICES AND PROMOTIONAL
OPPORTUNITIES
The Site may provide its website users and viewers with the
opportunity to register for special promotions, services, news, programming and
information delivered via text messaging and other wireless devices such as
mobile phones. Users are required to provide their consent to receive such
information from the Site, either by registering on this Site or via their
wireless device. Such services and promotional opportunities are provided by
Affiliates for our website. The information requested as part of the online registration
process is a user's telephone number or a wireless email address, but only if
specifically requested, and the carrier's name. Optional information may be
requested for specific promotions, such as a user's preferences regarding goods
or services, choices of music or artists, or other similar survey information.
Depending on the promotion, we may also collect an Internet email address or
other information and, depending on the information collected, the user may also
be required to confirm his or her agreement to the Site's Agreement, including,
without limitation, its Privacy
Policy and Terms of Use Agreement.
Users that register for the
Site's wireless marketing services acknowledge, understand and agree that they
will be charged by the user's wireless carrier for all messages sent to the user
from the Site. Standard messaging rates will apply, unless noted otherwise.
Under no circumstances will the Site, the Parent Companies or any
Affiliates be responsible for any wireless email or text messaging charges
incurred by a user or by a person that has access to a user's wireless device,
telephone number, or email address.
A user understands, acknowledges
and agrees that the Site may, at its sole discretion and without liability to
any user, terminate its offer of any specific wireless marketing service or all
wireless marketing services at any time without advance notice. The Site may
provide notice of terminations or changes in services on this Site.
8.
POSTINGS
Your comments, suggestions and information are important to us.
Portions of this Site may provide you and other users an opportunity to
participate in forum services, web communities and other message and
communication facilities ("Communities") and may provide you with the
opportunity, through such Communities or otherwise, to submit, post, display,
transmit and/or exchange information, ideas, opinions, photographs, images,
video, creative works or other information, messages, transmissions or material
to us, the Site or other users ("Post" or "Postings"). You
understand, acknowledge and agree that such Postings are the sole responsibility
of the person from which such Postings originated. This means that you, the
user, and not this Site, are entirely responsible for the consequences of all
Postings that you upload, post, email, transmit or otherwise make available via
the Site. Postings do not reflect the views of the Site, the Parent
Companies or the Affiliates. We do not monitor, endorse, edit or screen any
Postings, although we reserve the right to do so, nor shall we be liable for any
Posting that is in violation of this Agreement. In no event shall the Site,
the Parent Companies or any of their Affiliates have or be construed to have any
responsibility or liability for or in connection with any Posting whatsoever;
however, if we determine, in our sole discretion and judgment, that any Posting
does or may violate any of the terms of this Agreement, we reserve the right, at
any time and without limiting any and all other rights we may have under this
Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove
and delete Postings; (c) revoke your right to use the Site; and/or (d) use any
technological, legal, operational or other means available to us to enforce the
provisions of this Agreement, including, without limitation, blocking specific
IP addresses or deactivating your registration on the Site.
If a Posting
originates from you or your account, you hereby agree that: (a) you are placing
the Posting in the public domain without reservation of any rights or further
control over the Posting or its use and you specifically authorize the Site, the Parent Companies and their Affiliates to use such Posting in whole or
in part, throughout the universe, in perpetuity in or on any and all media, now
known or hereafter devised, and alone or together or as part of other
information, content and/or material of any kind or nature; (b) you represent
and warrant that (i) the Posting is original to you or fully cleared for use as
contemplated herein, (ii) the Posting does and will not, in any way, violate or
breach any of the terms of this Agreement, (iii) the Posting does not contain
libelous, tortious, or otherwise unlawful information, infringe or violate any
copyright or other right, or contain any matter the publication or sale of which
will violate any federal or state statute or regulation, (iv) the Posting is not
obscene or in any other manner unlawful, (v) the Posting shall not be injurious
to the health of the user, and (vi) we shall not be required to pay or incur any
sums to any person or entity as a result of our use or exploitation of the
Posting; (c) if your Posting incorporates the name, logo, brand, service or
trademark, voice, likeness or image of any person, firm or enterprise, you
specifically represent and warrant that you have the right to place such Posting
in the public domain and grant the Site, the Parent Companies and their
Affiliates the right to use such Posting as described above; and (d) we have the
right to delete, re-format and/or change your Posting in any manner that we may
determine (although you will not be responsible for any such changes
made).
The amount of storage space on the Site per user is limited. Some
Postings may not be processed due to space constraints or outbound message
limitations. You understand, acknowledge and agree that we assume no
responsibility for deletion of Postings or any failure to store, receive or
deliver Postings in a timely manner or any other matter relating to
Postings.
Posting is for noncommercial purposes only and you may not Post
in any manner which does or is intended to promote or generate revenue for any
business enterprise or commercial activity.
If you believe that any
content on the Site (including, without limitation, Postings) violates any of
the terms of this Agreement (except for any notices covered by the Copyright
Compliance Policy), please click
here to send us a message about it (please refer to our Copyright Compliance Policy for any notices covered by
the Copyright Compliance Policy). We cannot guarantee that we will respond to
your message and we reserve the right to take or refrain from taking any or all
steps available to us once we receive any such message.
There are various
parental control and filtering products and services commercially available that
may assist you in limiting access that is harmful to minors. The following
links/organizations provide information related to these products and
services:
The Federal Trade Commission's e-commerce and internet safety website, accessible at http://www.onguardonline.gov/; | |
The National Center for Missing and Exploited Children, accessible online at http://www.missingkids.com/; | |
Net nanny, accessible at http://www.netnanny.com/ and | |
Cybersitter, accessible at http://www.cybersitter.com/ |
9. CONTESTS, SWEEPSTAKES, AUCTIONS AND
PROMOTIONS
From time to time, Ratefame.com , the Parent Companies, the Affiliates
or the Site's operational service providers, suppliers, and Advertisers, may
conduct promotions on or through the Site, including, without limitation,
auctions, contests and sweepstakes ("Promotions"). Each Promotion may
have Additional Terms and/or Rules which will be posted or otherwise made
available to you and, for purposes of each Promotion, will be deemed
incorporated into and form a part of this Agreement.
10.
PODCASTING
The Site may provide podcasts ("Podcasts") consisting
of selected audio content from the Site that is provided over the Internet using
an XML feed and an associated audio file so that the audio file may be
downloaded and played from a user's computer or transferred to a portable
listening device. Certain software and hardware is required for users to
download and play Podcasts.
Podcasts are protected by United States
Federal and State laws, and applicable foreign laws, regulations and treaties,
and all rights in and to the Podcasts are reserved to Ratefame.com or the content
provider. Podcasts are available for personal, noncommercial use only and you
may download, copy and/or transfer to a portable listening device or a computer
the Podcasts for your personal, non-commercial use only. You shall not, nor will
you allow any third party to reproduce, modify, create derivative works of,
display, perform, publish, distribute, disseminate, broadcast or circulate to
any third party, or otherwise use any Podcasts except as expressly authorized in
this Section 10. You also may link to Podcasts from your website, weblog
or similar application, as long as the linking does not (a) suggest that
Ratefame.com
promotes or endorses any third party's causes, ideas, websites, products or
services, or (b) use Ratefame.com content for inappropriate or commercial purposes, or
(c) or otherwise violate this Agreement. Ratefame.com reserves the right to discontinue
providing Podcasts and to terminate your subscription or otherwise disable your
access to or use of the Podcasts, or any content contained in the Podcasts, at
any time for any reason.
By your access to and use of Podcasts, you
understand, acknowledge and agree that the Site, Ratefame.com, the Parent Companies and
their Affiliates do not warrant that its podcasting service will operate on all
user equipment. Please see our "Disclaimer and
Limitations of Liability" section for further details.
11.
HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use
of URLs or hyperlinks referenced or included anywhere on the Site or any other
form of link or re-direction of your connection to, with or through the Site,
does not constitute an endorsement by, nor does it incur any obligation,
responsibility or liability on the part of the Site, Ratefame.com , the Parent Companies
or any of their Affiliates, any of their successors and assigns, and any of
their respective officers, directors, employees, agents, representatives,
licensors, Advertisers, suppliers, and operational service providers. We do not
verify, endorse, or have any responsibility for, any such third party sites,
their business practices (including their privacy policies), or any goods or
services associated with or obtained in connection with any such site, whether
the Site's, RMP's, the Parent Companies' or any of their Affiliates' logo or
sponsorship identification is on the third party site as part of a co-branding
or promotional arrangement. If any third party site obtains or collects Personal
Information from you, in no event shall we assume or have any responsibility or
liability. Please read our Privacy
Policy, which describes how Ratefame.com collects and uses your Personal Information
and co-branding relationships.
12. HYPERLINKS TO THIRD PARTY
SITES
You may deactivate your account on the Site, at any time and for
any reason, by Contact
Us. We may terminate your use of and registration on the Site, at any time
and for any reason, with or without cause, without prior notice to you and
without any liability or further obligation of any kind whatsoever to you or any
other party.
13. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS
SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS"
AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR
USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE
OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible
or liable for any malicious code, delays, inaccuracies, errors, or omissions
arising out of your use of the Site. You understand, acknowledge and agree that
you are assuming the entire risk as to the quality, accuracy, performance,
timeliness, adequacy, completeness, correctness, authenticity, security and
validity of any and all features and functions of the Site, including, without
limitation, Postings and Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
THIS SITE, Ratefame.com , THE PARENT COMPANIES, ANY OF THEIR AFFILIATES, OR THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE
PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR
DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE
OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is
provided in this Agreement may or does fail of its essential purpose, you
specifically acknowledge and agree that your sole and exclusive remedy for any
loss or damage shall be to have the Parent Companies, upon written notice from
you to us, attempt to repair, correct or replace any deficient goods or services
under this Agreement and, if repair, correction or replacement is not reasonably
commercially practicable for the Parent Companies, to refund any monies actually
paid by you for the Products involved and to terminate and discontinue your use
of the Site. You further understand and acknowledge the capacity of the Site, in
the aggregate and for each user, is limited. Consequently some messages and
transmissions may not be processed in a timely fashion or at all, and some
features or functions may be restricted or delayed or become completely
inoperable. As a result, you acknowledge and agree that the Parent Companies
assume no liability, responsibility or obligation to transmit, process, store,
receive or deliver transactions or Postings or for any failure or delay
associated with any Postings and you are hereby expressly advised not to rely
upon the timeliness or performance of the Site for any transactions or Postings.
Some jurisdictions do not allow for the exclusion of certain warranties or
certain limitations on damages and remedies, accordingly some of the exclusions
and limitations described in this Agreement may not apply to you.
14.
ADS AND MALWARE
We take great care and pride in creating this Site. We
are always on the lookout for technical glitches that effect how the Site works.
When we find them on our end, we will fix them. Unfortunately, your home
computer may cause some glitches that effect how you see our Site -- and that is
beyond our control.
We suggest that you take some of the following
actions which may help to clean your computer and which could prevent future
installations of Malware.
* Update your computer via Windows Update
(found in the Tools menu in your Internet Explorer web browser).
*
Install a SpyWare Removal Tool such as Spybot Search
and Destroy or AdAware to clean your computer of Malware.
* Install
antivirus software, such as Norton
anti-virus or McAfee
Virus-shield.
* Install Microsoft Defender (for Windows computers).
Please
note that we cannot be responsible for the effects of any third-party software
including Malware on your computer system. Please make sure to carefully read
the Help or Customer Support areas of any software download site.
If you
do discover any Malware on your system, we also suggest you speak with a
qualified computer technician.
If, after taking the above actions, you
are still experiencing any problems, please feel free to contact us
contact@ratefame.com.
15.
INDEMNIFICATION
You agree to indemnify, defend and hold the Site,
Ratefame.com,
the Parent Companies, and any of their Affiliates, or any of their successors
and assigns, and any of their respective officers, directors, employees, agents,
representatives, licensors, Advertisers, suppliers, and operational service
providers harmless from and against any and all claims, actions, losses,
expenses, damages and costs (including reasonable attorneys' fees), resulting
from any breach or violation of this Agreement by you, or public posting of your
Postings.
The Parent Companies reserves the right to assume, at its sole
expense, the exclusive defense and control of any such claim or action and all
negotiations for settlement or compromise, and you agree to fully cooperate with
the Parent Companies in the defense of any such claim, action, settlement or
compromise negotiations, as requested by the Parent Companies.
16.
PRIVACY
We respect your privacy and the use and protection of your
Personal Information. Please see our Privacy
Policy, for important information and disclosures relating to the collection
and use of your Personal Information in connection with your use of the Site.
17. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS
TERMS
This Agreement, together with any Additional Terms, Rules, our Privacy
Policy, and any other regulations, procedures and policies which we refer to
and which are hereby incorporated by reference, contains the entire
understanding and agreement between you and the Site and supersedes any and all
prior or inconsistent understandings relating to the Site and your use of the
Site. This Agreement cannot be changed or terminated orally. If any provision of
this Agreement is held to be illegal, invalid or unenforceable, this will not
affect any other provisions and the Agreement will be deemed amended to the
extent necessary to make it legal, valid and enforceable. Any provision which
must survive in order to allow us to enforce its meaning shall survive the
termination of this Agreement; however, no action arising out of this Agreement
or your use of the Site, regardless of form or the basis of the claim, may be
brought by you more than one (1) year after the cause of action has arisen (or
if multiple causes, from the date the first such cause arose).
This
Agreement and your use of the Site is governed by, construed and enforced in
accordance with the internal substantive laws of the State of New York
(notwithstanding the State's conflict of laws provisions) applicable to
contracts made, executed and wholly performed in New York, and, for the purposes
of any and all legal or equitable actions, you specifically agree and submit to
the exclusive jurisdiction and venue of the State and Federal Courts situated in
the State and County of New York and agree you will not object to such
jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non
conveniens or otherwise. To the extent it may be applicable, you agree to opt
out from and expressly exclude any applicability of the Uniform Computer
Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE
ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE
SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT
YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
If you have
any questions or comments regarding these Terms of Use or the Site (except for
all notifications of claimed copyright infringement), please Contact Us. All
notifications of claimed copyright infringement should be sent as provided in
Section 3 under "Notice and Procedure for Making Claims of Copyright
Infringement".
This Terms of Use Agreement was last modified on April
27, 2010 and is effective immediately.