1. ACCEPTANCE OF TERMS
MacDirectory is an internet service offering a wide range of online resources, including classified postings, email services, reviews, interviews and more. MacDirectory also allows its members to communicate with others members. This service is referred to hereafter as "the Service" subject to the following Terms of Service ("TOS"). By using the "Service" in any way, you are agreeing to comply with the TOS. Specifically, by using the "Service" we mean, visiting the MacDirectory web site (collectively, including all Content available through MacDirectory.com domain name, the "MacDirectory Website", or "Website"), you signify your agreement to all guidelines for our (1) TOS, (2) MacDirectory's privacy notice, found at privacy policy
Furthermore, MacDirectory may, in its sole discretion, modify or revise these TOS and any other policy such as our privacy notice at any time, and you agree to be bound by such modifications or revisions. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with MacDirectory in any way, your only recourse is to immediately discontinue use of MacDirectory. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. AGREEMENT MODIFICATIONS AND UPDATES
MacDirectory reserves the right, at our sole discretion, to modify, change or otherwise alter these TOS at any time. Furthermore, MacDirectory reserves the right to modify, change or alter any other policy through MacDirectory.com domain name, web site. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement periodically to keep yourself informed of any changes or modifications.
3. MACDIRECTORY WEB SITE
The TOS apply to all users of the MacDirectory Website (services), including users who are also contributors of classified postings, articles, pictures, video content, information, and other materials or services on the Website. The MacDirectory Website includes all aspects of MacDirectory, including but not limited to MacDirectory channels and the MacDirectory "Embeddable Player." You are solely responsible for viewing, selecting and sharing any and all content in this site. MacDirectory.com is not responsible for selecting or editing any of the content you view, select, share and/or publish in this site; and that you agree to hold MacDirectory.com harmless and fully indemnify MacDirectory.com from any and all liability that may arise, either directly or indirectly, from any of the content you view, select, share, post, publish and use content in any other way.
4. MACDIRECTORY ACCOUNTS
You need to create a MacDirectory account (register) in order to access certain services of our website. In doing so, you can not and should never use another's account without permission. When creating an account, you must provide accurate and complete information. Specifically, you must be at least 13 years of age. By using creating an account with MacDirectory, you expressly relieve MacDirectory, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt from any and all liability arising from incorrect, false or misleading information provided. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. In the event of any breach of security or unauthorized use of your account contact us immediately. Although MacDirectory will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MacDirectory or others due to such unauthorized use. Furthermore, you shall be solely responsible for all decisions and all liability relating to compliance with all state and federal laws and regulations governing the distribution, sharing and usage of content which is displayed, published, viewed and/or shared. You shall be solely responsible for all decisions and all liability with respect to any content published, used, viewed, shared and used in any other way by you of graphic, video, audio, literary content or any other type of content published in this site which is displayed or disseminated by you.
5. PRIVACY AND INFORMATION DISCLOSURE
MacDirectory has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:
privacy policy. Your use of the MacDirectory website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that MacDirectory may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOS; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of MacDirectory, its users or the general public.
6. SITE CONTENT
You understand that all postings ("Content") including classified postings, articles, videos, images, sound, text, messages, emails and any type of correspondence, or any other material posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such "Content" originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that MacDirectory does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that MacDirectory does not pre-screen or approve Content, but that MacDirectory shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOS or for any other reason.
7. THIRD PARTY CONTENT, SITES AND SERVICES
Much of the information on the Website is updated on a real-time basis and is proprietary or is licensed to us by our users or third parties and may provide you with access to third party content, not owned or controlled by MacDirectory, including web sites, email addresses, servers, networks, systems, directories, information and databases, applications, software, programs, products or services, and the Internet as a whole ("Linked Websites"). MacDirectory has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, and so MacDirectory makes no warranties or representations about the Linked Websites and cannot be responsible for their contents. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Websites. Your interactions with third parties (including advertisers) included within the Website and your participation in promotions, including the delivery of and the payment for completed transactions, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. MacDirectory shall not be responsible or liable for any part of any such dealings or promotions. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that MacDirectory shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. In addition, MacDirectory will not and cannot censor or edit the content of any Linked Websites. By using the Website, you expressly relieve MacDirectory from any and all liability arising from your use of any Linked Websites. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that MacDirectory is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release MacDirectory, (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
8. NOTIFICATION OF CLAIMS OF INFRINGEMENT: DIGITAL MILLENIUM COPYRIGHT ACT ("DMCA")
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify MacDirectory for notice of claims of copyright or other intellectual property infringement ("Agent"), at
contact us. Registration is required. In the subject of your message select "Copyright Issues." In order to submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") provide our perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. MacDirectory will remove the infringing posting(s), subject to the procedures outlined in Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; d) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and f) A statement that the information in the notification is accurate, and under penalty of the Digital Millenium Copyright Act (DMCA). You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid. DMCA COUNTER-NOTICE. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Agent: a) Your physical or electronic signature; b) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and d) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Delaware, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Agent, MacDirectory may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MacDirectory's sole discretion. Send DMCA and DMCA CONTER-NOTICES to: MacDirectory Legal Department, 3 Elm Street, Suite 1 Framingham MA 01701
9. USER SUBMISSIONS
a) MacDirectory does not claim ownership of any materials you submit to the Website. As a MacDirectory account holder you may submit classified postings (“User Postings”), video content ("User Videos"), pictures ("User Pictures"), textual content ("User Comments"). User Postings, User Videos, Pictures and User Comments are collectively referred to as "User Submissions." You retain ownership to User Submissions that you submit for inclusion into the Service or post, upload, input or submit to the Website for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting ("Posting") your User Submissions to MacDirectory, you are warranting to us that you have the right to do so, and are granting MacDirectory and its affiliates the following worldwide, royalty-free, non-exclusive, sub-licensable, and transferable rights and licenses: to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content; to host, cache, store, archive, index, crawl, create algorithms based on, modify or transcode your User Submissions to appropriate media formats, standards or mediums as part of the Service; to use, reproduce, distribute (through multiple tiers), modify, remix, excerpt, adapt, prepare derivative works and compilations of, publicly perform and publicly display your User Submissions on the Service, on any MacDirectory property or in connection with any distribution or syndication arrangement thereof with third parties or third-party sites, in any media format or medium and through any media channels, including, but not limited to, mobile devices, as well as unknown new media hereinafter developed; and to use your User Submissions for and in connection with advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute your User Submissions in any media format or medium and through any media channels and to publish your user name in connection with your User Submission. Furthermore, by posting Content to any area of the Service, you automatically grant MacDirectory all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
b) By submitting your User Submissions to MacDirectory, you also grant to MacDirectory's registered users and to others the following non-exclusive license: (i) to access, distribute, display and/or perform your User Submissions through our site services or through the use of other MacDirectory's services, including publicly on third-party web sites and the Internet generally; (ii) to rate, review, comment on and tag your User Submissions; (iii) to embed MacDirectory's video player or other form of media player with your User Submissions on any web site; (iv) to send and distribute your User Submissions via E-mail, Instant Messenger or otherwise over or through the Internet or any other electronic communications system; and (v) to access, reproduce, distribute and/or perform your User Submissions via MacDirectory's web service APIs or via RSS or any similar XML or related feeds; and (vi) to use, reproduce, distribute, remix, prepare derivative works of and compilations, display and perform your User Submissions as permitted through the functionality of the MacDirectory's Video Service and under these Terms of Service, including publicly on third-party web sites and the Internet generally.
c) You understand that whether or not such User Submissions are published, MacDirectory does not guarantee any confidentiality with respect to any User Submissions.
d) MacDirectory cannot and will have no obligation to pay you any compensation with respect to such use of your User Submission, and is under no obligation to post or use any User Submission you may provide, except as provided for under a separate signed agreement between you and MacDirectory. As mentioned above, we may remove any User Submission at any time in our sole discretion. You may request that we remove your User Submission for any reason on reasonable written notice to MacDirectory, on receipt of which we will take commercially reasonable steps to comply.
e) You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm and agree to provide proof of age ( years of age or older) if requested.
f) You affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize MacDirectory to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
g) In connection with User Submissions, you further agree that you will not submit, publish, display, link to, or otherwise provide access to any written postings, images, pictures, stories, video clips or any other media portraying any content that:
- infringes one or more patents, copyrights, trademarks, or other third party proprietary rights (including trade secrets), including privacy, publicity or other rights of any person or entity, unless you are the owner of the rights or have permission from their rightful owner to post the material and to grant MacDirectory all of the license rights granted herein;
- is unlawful, hateful, harmful, threatening, abusive, harassing, defamatory, defamatory, libelous, slanderous, invasive of another's privacy, scandalous or injurious to the reputation of any person or entity;
- depicts, promotes, harasses, degrades, intimidates or is hateful (examples: hate remarks, hate crimes, racial hate, cultural hate, terrorism remarks/crimes) toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- uses racist or sexist language including, the words fag/faggot/homo, nigger/nigga/niggah and/or other racist and/or sexist language;
- violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, disability, or handicap or other discriminatory characteristics;
- with respect to employers that employ four or more employees, that violates the anti-discrimination condition of the Immigration and Nationality Act (requires U.S. citizenship or lawful permanent documentation such as a green card) as a requirement for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
- includes personal or identifying information about another person without that person's explicit consent;
- violates any local, state or federal laws including, but not limited to, obscenity, harmful matter, child pornography laws or card association regulations;
- is false, deceptive, misleading, deceitful, miss-informative, or constitutes "bait and switch";
- solicits sex;
- involves depictions of nudity or sexuality explicit content;
- depicts or promotes sexual assult, actual physical violence, torture or disfigurement;
- constitutes child pornography or ANY pornographic content. In addition, content in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations (ANY CONTENT FOUND TO POSSESS OR DISPLAY ANY CHILD PORNOGRAPHY WILL BE REPORTED IMMEDIATELY TO THE APPROPRIATE LAW ENFORCEMENT AGENCIES);
- is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors;
- depicts the name, image or likeness of any high profile actor/actress including, but not limited to, Alicia Silverstone, Britney Spears, Alyssa Milano, Angelina Jolie, Anna Kournikova, Barbara Mandrell, Caprice Bourket, Christina Aguilera, Cameron Diaz, Christina Applegate, Christina Ricci, Cindy Crawford, Denise Richards, Drew Barrymore and any other celebrity in any fashion;
- depicts, promotes and/or impersonates any person or entity, including, but not limited to, a MacDirectory employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
- constitutes or contains any form of advertising or solicitation if: posted in areas of the MacDirectory sites which are not designated for such purposes; or emailed to MacDirectory users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
- constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
- advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by local, state and federal law. Illegal services include: child pornography, weapons, fireworks, controlled substances, illegal drugs, prescription drugs, medical devices, nonprescription drugs that make false or misleading treatments, blood, bodily fluids, body parts, animals, plans, insects, pesticides, hazardous substances, or items containing hazardous substances, illegal equipment, stolen property, property with removed or altered serial numbers, false identification cards, counterfeit or knock-off brand name content/material/items, material that infringes copyright, gambling items, bulk email or mailing lists, phone numbers, or any other personal identification information;
- consists of a program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person;
- disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or xxii. employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
j) MacDirectory does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MacDirectory expressly disclaims any and all liability in connection with User Submissions. MacDirectory does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MacDirectory will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. MacDirectory reserves the right to remove Content and User Submissions without prior notice.
k) In connection with User Submission termination, removal, deletion, or request for removal, the licenses granted by you will terminate within a commercially reasonable time after you remove or delete your User Submission from the MacDirectory Service. You understand and agree, however, that MacDirectory may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
10. ACCOUNT TERMINATION POLICY
MacDirectory will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. b) MacDirectory reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law. MacDirectory may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
12. ADDITIONAL CONDUCT GUIDELINES
a) You agree NOT to contact anyone who has asked not to be contacted; b) You agree NOT to "stalk" or otherwise harass anyone; c) You agree NOT to collect personal data about other users for commercial or unlawful purposes; d) You agree NOT to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by MacDirectory; e) You agree NOT to post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; f) You agree NOT to post the same item or service in more than one category; g) You agree NOT to attempt to gain unauthorized access to MacDirectory's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the MacDirectory website; or h) You agree NOT to use any form of automated device or computer program that enables the submission of postings on MacDirectory without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
13. SERVICE USAGE PERMISSIONS AND RESTRICTIONS
MacDirectory hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
a) You agree NOT to distribute in any medium any part of the Website, including but not limited to User Submissions, without MacDirectory's prior written authorization.
b) You agree NOT to alter or modify any part of the Website, including but not limited to MacDirectory's Embeddable Player or any of its related technologies.
c) You agree NOT to access User Submissions (defined below) or MacDirectory Content through any technology or means other than the video playback pages of the Website itself, the MacDirectory Embeddable Player, or other explicitly authorized means MacDirectory may designate.
d) You agree NOT to use the Website, including the MacDirectory Embeddable Player for any commercial use, without the prior written authorization of MacDirectory. Prohibited commercial uses include any of the following actions taken without MacDirectory's express approval: 1. Sale of access to the Website or its related services (such as the Embeddable Player) on another website; 2. Use of the Website or its related services (such as the Embeddable Player), for the primary purpose of gaining advertising or subscription revenue; 3. The sale of advertising, on the MacDirectory website or any third-party website, targeted to the content of specific User Submissions or MacDirectory content; 4. Any use of the Website or its related services (such as the Embeddable player) that MacDirectory finds, in its sole discretion, to use MacDirectory's resources or User Submissions with the effect of competing with or displacing the market for MacDirectory, MacDirectory content, or its User Submissions. e) Prohibited commercial uses do NOT include: 1. Uploading an original video to MacDirectory, or maintaining an original channel on MacDirectory, to promote your business; 2. Using the Embeddable Player to show MacDirectory videos on an ad-enabled blog or website, provided the primary purpose of using the Embeddable Player is not to gain advertising revenue or compete with MacDirectory; 3. Any use that MacDirectory expressly authorizes in writing.
f) If you use the MacDirectory Embeddable Player on your website, you must include a prominent link back to the MacDirectory website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.
g) You agree NOT to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the MacDirectory servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, MacDirectory grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. MacDirectory reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree NOT to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. h) You will otherwise comply with the terms and conditions of these Terms of Service, MacDirectory Community Guidelines, and all applicable local, national, and international laws and regulations. i) MacDirectory reserves the right to discontinue any aspect of the MacDirectory Website at any time.
14. ADDITIONAL RESTRICTIONS OF SERVICE USAGE
The following restrictions and conditions apply specifically to your use of content on the MacDirectory Website, in addition to the terms above.
a) The content on the MacDirectory Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MacDirectory, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MacDirectory reserves all rights not expressly granted in and to the Website and the Content.
b) You may access User Submissions solely: 1. For your information and personal use; 2. As intended through the normal functionality of the MacDirectory Service; 3. For Streaming. "Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the MacDirectory Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
c) User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the MacDirectory Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the MacDirectory Service or otherwise as prohibited under this Agreement.
d) You may access MacDirectory Content, User Submissions and other content only as permitted under this Agreement. MacDirectory reserves all rights not expressly granted in and to the MacDirectory Content and the MacDirectory Service.
e) You agree to NOT engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
f) You agree NOT to circumvent, disable or otherwise interfere with security-related features of the MacDirectory Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MacDirectory Website or the Content therein.
g) You understand that when using the MacDirectory Website, you will be exposed to User Submissions from a variety of sources, and that MacDirectory is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MacDirectory with respect thereto, and agree to indemnify and hold MacDirectory, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
15. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on MacDirectory's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from MacDirectory. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from MacDirectory.
16. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to MacDirectory email addresses or through MacDirectory computer systems, which is expressly prohibited by these TOS, will use or cause to be used servers located in United Sates. Any unauthorized use of MacDirectory computer systems is a violation of the TOS and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. 1030 et seq.), Such violations may subject the sender and his or her agents to civil and criminal penalties.
17. LIMITATIONS ON SERVICE
You acknowledge that MacDirectory may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that MacDirectory has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that MacDirectory reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that MacDirectory shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
18. ACCESS TO THE SERVICE
MacDirectory reserves the rights at any time and from time to time to modify, suspend, discontinue or permanently remove the Website or services offered on the Website, or any portions thereof, with or without notice to you. MacDirectory grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by MacDirectory. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. MacDirectory permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as it complies with all terms and conditions specified on this web page. You may also create a hyperlink to the home page of MacDirectory sites so long as the link does not portray MacDirectory, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. MacDirectory offers various parts of the Service in RSS format so that userscan embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. MacDirectory permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to MacDirectory as the source, (d) your use or display does not suggest that MacDirectory promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden MacDirectory systems. MacDirectory reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Service beyond the scope of authorized access granted to you by MacDirectory immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from MacDirectory. MacDirectory works very hard to keep the Website working properly. Please report problems, offensive content, and policy violations to us. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or our network, our connection to the Website, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, accounts, computer systems or networks connected to the Website, through any means. Obviously, MacDirectory must and does reserve the right to disclose information we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, as outlined in our Privacy Policy. Without limiting other remedies, MacDirectory may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Website if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. MacDirectory also reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.
19. TERMINATION OF SERVICE
You agree that MacDirectory, in its sole and absolute discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if MacDirectory believes that you have acted inconsistently with the letter or spirit of the TOS or have posted any content that is deemed illegal in the United States. Further, you agree that MacDirectory shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. You understand and agree that if MacDirectory.com concludes that you have broken or violated any Federal and/or State laws or regulation, MacDirectory.com reserves the right, in its sole and absolute discretion, to terminate your content and report you to Federal and/or State legal authorities.
20. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Unless otherwise stated herein, information on the Website belongs to MacDirectory or we have secured the right to use it on the Website. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of MacDirectory. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of MacDirectory, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. MacDirectory is a registered mark in the U.S. Patent and Trademark Office. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels on the Website. Use of the Website or any of the related services does not allow you to infringe those rights or the rights of the third parties which may exist in material on the Website. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.
21. WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE MACDIRECTORY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MACDIRECTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
22. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE MACDIRECTORY SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE MACDIRECTORY SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. MACDIRECTORY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY MISTAKES, ERRORS, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MACDIRECTORY WEBSITE. MACDIRECTORY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MACDIRECTORY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MACDIRECTORY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MACDIRECTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MACDIRECTORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MACDIRECTORY SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MACDIRECTORY SITE OR THE SERVICE, FROM INABILITY TO USE THE MACDIRECTORY SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MACDIRECTORY SITE OR THE SERVICE. SPECIFICALLY UNDER NO CIRCUMSTANCES SHALL MACDIRECTORY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MACDIRECTORY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT MACDIRECTORY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. MacDirectory's web site is controlled and offered by American Computer & Tech Corp. from its facilities in the United States of America. MacDirectory makes no representations that the MacDirectory Website is appropriate or available for use in other locations. Those who access or use the MacDirectory Website from other jurisdictions do so at their OWN VIOLATION and are responsible for compliance with local law.
24. INDEMNITY
You agree to defend, indemnify and hold harmless MACDIRECTORY (and its successors, parents, subsidiaries, affiliates, officers, directors, agents, joint venturers, employees and attorneys), from and against any and all claims, demands, damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to attorney's fees arising from: 1. Content you submit; 2. Your use and access of our Service/website; 3. Your violation of ANY term of the TOS; 4. Your violation of any third-party right including without limitation any copyright, property, or privacy right; 5. Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the MACDIRECTORY Website; 6. Your breach or claimed breach of any of the representations and warranties herein, or your violation of any rights of another.
25. ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MACDIRECTORY without restriction.
26. ABILITY TO ACCEPT TERMS OF SERVICE
You affirm that you are 13 years of age or older, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
27. VIOLATION OF TERMS AND DAMAGES
Please report any violations of the TOS, by flagging the posting(s) for review, or contacting us:
contact us. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for MACDIRECTORY to pursue legal action to enforce the TOS, you will be liable to pay MACDIRECTORY the following amounts as liquidated damages, which you accept as reasonable estimates of MacDirectory's damages for the specified breaches of the TOS: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay MACDIRECTORY two thousand dollars ($2,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures. b. If MACDIRECTORY establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay MACDIRECTORY one five hundred dollars ($500) for each message posted in excess of such limits or for each day on which you access MACDIRECTORY in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to MACDIRECTORY email addresses or through MACDIRECTORY computer systems, you agree to pay MACDIRECTORY one hundred dollars ($100) for each such email. d. If you post Content in violation of the TOS, other than as described above, you agree to pay MACDIRECTORY one hundred dollars ($100) for each Item of Content posted. In its sole discretion, MACDIRECTORY may elect to issue a warning before assessing damages. e. If you are a Posting Agent that uses the Service in violation of the TOS, in addition to any liquidated damages under clause (d), you agree to pay MACDIRECTORY one hundred dollars ($100) for each and every Item posted in violation of the TOS. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOS) agrees to pay MACDIRECTORY an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the principal in violation of the TOS. f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOS without MacDirectory's express written permission, you agree to pay MACDIRECTORY three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay MacDirectory's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOS, MACDIRECTORY retains the right to seek the remedy of specific performance of any term contained in the TOS, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOS, or any combination thereof.
28. RESOLUTION OF DISPUTES
If a dispute arises between you and MacDirectory, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and MacDirectory agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. MacDirectory will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - These Terms shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York, without regard to conflict of law provisions. You agree that any claim or dispute you may have against MacDirectory must be resolved by a court located in New York county, New York, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against us must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, MacDirectory may recover attorney's fees and costs up to $10,000, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
29. GENERAL INFORMATION
The failure of MACDIRECTORY to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MACDIRECTORY's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. MacDirectory does not guarantee we will take action against all breaches of the TOS. If any provision of the TOS is found by a court of competent jurisdiction 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 TOS remain in full force and effect. Notwithstanding the foregoing, if any provisions of the TOS are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Except as provided for under a separate signed agreement between you and MacDirectory, you agree that no joint venture, partnership, employment, or agency relationship exists between you and MacDirectory as a result of this Agreement or use of the Site. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. All headings in the TOS are for reference purposes only and do not limit the scope or extent of such section. MACDIRECTORY reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the MACDIRECTORY Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND MACDIRECTORY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MACDIRECTORY WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
30. AFFIRMATION OF AGREEMENT.
You hereby acknowledge and affirm that you have read this entire agreement and that your act of clicking on the "I AGREE" button constitutes your electronic signature and AGREEMENT to be bound by all of the Terms and Service.
YOU DECLARATION IS A SWORN DECLARATION UNDER FEDERAL LAW:
YOUR DECLARATION IS INTENDED TO BE GOVERNED BY THE PROVISIONS OF THE ELECTRONTIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. By clicking the CONTINUE button below I am affirmatively declaring that I have knowledge and understanding of ALL TOS.
