Terms of Use Agreement
MLM
Friends Platinum Club
Applicable
Websites: bob@bob-thompson.net, homemlmsolutions.com, mlm-friends.com,
mlm-scambuster.com, mlm-opportunity.net
20 December 2009
The "MLM Friends"
Platinum Club is a social networking service and MLM Lead Generation and
Prospect Conversion Site provided by Bob Thompson c/o 67 Lyon Road, Crowthorne,
Berkshire, England, that allows Members to create unique personal profiles
in order to benchmark MLM Business Opportunities, and communicate with
old and new Network Marketers. The services offered by ("we")
include the MLM Friends website (the "MLM Friends" Platinum
Club Website), the MLM Business Assurance Software, MLM Business Assurance
Report, MLM Lead Generation and Prospect Conversion Site and any other
features, content, or applications offered from time to time by the "Platinum
Club" in connection with the Platinum Club (collectively, the "Platinum
Club Services"). The Platinum Club Services are hosted in the U.K.
This Terms of Use
Agreement ("Agreement") sets forth the legally binding terms
for your use of the Platinum Club Services. By using the Platinum Club
Services, you agree to be bound by this Agreement, whether you are a "Visitor"
(which means that you simply browse the Platinum Club) or you are a "Member"
(which means that you have registered to be a MLM Friends Platinum Club
Member with Login Rights). The term "User" refers to a Visitor
or a Member. You are only authorized to use the Platinum Club Services
if you agree to abide by all applicable laws and to this Agreement. Please
read this Agreement carefully and save it. If you do not agree with it,
you should leave the Platinum Club and discontinue use of the Platinum
Club Services immediately. If you wish to become a Member, communicate
with other Members and make use of the Platinum Club Services, you must
read this Agreement
and indicate your acceptance during the Registration process.
This Agreement includes
MLM Friends.Com & Bob-Thompson.Net's policy for acceptable use of
the Platinum Club Services and Content posted on the Platinum Club, your
rights, obligations and restrictions regarding your use of the Platinum
Club Services and Privacy Policy. In order to participate
in certain Platinum Club Services, you may be notified that you are required
to download software or content and/or agree to additional terms and conditions.
Unless otherwise provided by the additional terms and conditions applicable
to the Platinum Club Services in which you choose to participate, those
additional terms are hereby incorporated into this Agreement.You may receive
a copy of this Agreement by emailing us at: privacy@homemlmsolutions.com,
Subject: Terms of Use Agreement.
We may modify this
Agreement from time to time and such modification shall be effective upon
posting by MLM Friends.Com & Bob-Thompson.Net on the Platinum Club.
The Platinum Club will inform Members by email about such modifications.
If you do not agree with such modification you have the right to terminate
your membership with the Platinum Club. You agree to be bound to any changes
to this Agreement when you use the Platinum Club Services after the modification
has been posted for at least one month. It is therefore important that
you review this Agreement regularly to ensure you are updated as to any
changes.
Please choose carefully
the information you post on the Platinum Club and that you provide to
other Users. Your Platinum Club profile may not include the following
items: any photographs containing nudity, or obscene, lewd, excessively
violent, harassing, sexually explicit or otherwise objectionable subject
matter. Despite this prohibition, information provided by other MLM Friends.Com
& Bob-Thompson.Net Members (for instance, in their Profile) may contain
inaccurate, inappropriate, offensive or sexually explicit material, products
or services, and MLM Friends.Com & Bob-Thompson.Net assumes no responsibility
or liability for this material. If you become aware of misuse of the Platinum
Club Services by any person, please contact Support at the bottom of any
MLM Friends.Com & Bob-Thompson.Net page.
MLM Friends.Com &
Bob-Thompson.Net reserves the right, in its sole discretion, to reject,
refuse to post or remove any posting (including private messages) by you,
or to restrict, suspend, or terminate your access to all or any part of
the Platinum Club Services at any time, , particularly in cases listed
under clause 8 of these Terms of Use, with or without prior notice., Liability
is limited to the maximum extent permitted by law according to clauses
12 and 13 of these Terms of Use in such a case.
1. Eligibility. Use
of and Membership in the Platinum Club Services is void where prohibited.
By using the Platinum Club Services, you represent and warrant that (a)
all registration information you submit is truthful and accurate; (b)
you will maintain the accuracy of such information; (c) you are 18 years
of age or older; and (d) your use of the Platinum Club Services does not
violate any applicable law or regulation. Your profile may be deleted
and your Membership may be terminated without warning, if we believe that
you are under 18 years of age.
2. Term and Termination.
a) This Agreement
shall remain in full force and effect while you use the Platinum Club
Services or are a Member.
b) You may terminate
your Membership at any time, for any reason, by following the instructions
on the Member's Account Settings page. MLM Friends.Com & Bob-Thompson.Net
may terminate your Membership at any time, without warning. Even after
Membership is terminated, this Agreement will remain in effect, including
sections 5-17.
3. Fees. reserves the right to alter, to depart from or to cease
offering its services at the prevailing price at any time, taking into
account MLM Friends.Com & Bob-Thompson.Net's legitimate interests
and reasonable consumer expectations. MLM Friends.Com & Bob-Thompson.Net
will inform Members by email if the service is to be offered in the future
for a change in the fee. You can then decide if you want to continue to
use such service. Your continued use of the service after the proposed
fee modification has been posted for at least one month will be considered
acceptance of the proposed fee modification. The same applies if fees
are raised by MLM Friends.Com & Bob-Thompson.Net. If MLM Friends.Com
& Bob-Thompson.Net terminates your Membership because you have breached
the Agreement, you shall not be entitled to the refund of any unused portion
of subscription fees.
4. Password. When
you sign up to become a Member, you will also be asked to choose a password.
You are entirely responsible for maintaining the confidentiality of your
password. You agree not to use the account, username, or password of another
Member at any time or to disclose your password to any third party. You
agree to notify MLM Friends.Com & Bob-Thompson.Net immediately if
you suspect any unauthorized use of your account or access to your password.
You are solely responsible for any and all use of your account.
5. Non-commercial
Use by Members. The Platinum Club Services are for the personal use of
Members to promote their own MLM Business Opportunity and may not be used
in connection with any commercial endeavors except those that are specifically
endorsed or approved by MLM Friends.Com & Bob-Thompson.Net. Illegal
and/or unauthorized use of the Platinum Club Services, including collecting
usernames and/or email addresses of Members by electronic or other means
for the purpose of sending unsolicited email or unauthorized framing of
or linking to the Platinum Club is prohibited. Commercial advertisements,
affiliate links, and other forms of solicitation not relating to MLM may
be removed from Member profiles without notice and may result in termination
of Membership privileges. Appropriate legal action will be taken for any
illegal or unauthorized use of the Platinum Club Services.
6. Proprietary Rights
in Content on MLM Friends.Com, Homemlmsolutions.com, MLM-Scambuster.Com,
MLM-Opportunity.Net & Bob-Thompson.Net.
1. does not claim any ownership rights in the text, files, images,
photos, video, sounds, musical works, works of authorship, or any other
materials (collectively, "Content") that you post to the Platinum
Club Services. After posting your Content to the Platinum Club Services,
you continue to retain all ownership rights in such Content, and you
continue to have the right to use your Content in any way you choose.
By displaying or publishing ("posting") any Content on or
through the Platinum Club Services, you hereby grant to MLM Friends.Com
& Bob-Thompson.Net a limited license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content on and through
the Platinum Club Services. Without this license, MLM Friends.Com &
Bob-Thompson.Net would be unable to provide the Platinum Club Services.
For example, without the right to modify Member Content, MLM Friends.Com
& Bob-Thompson.Net would not be able to digitally compress files
that Members submit or otherwise format Content to satisfy technical
requirements, and without the right to publicly perform Member Content,
MLM Friends.Com & Bob-Thompson.Net could not allow Users to review
Content posted by Members. The license you grant to MLM Friends.Com
& Bob-Thompson.Net is non-exclusive (meaning you are free to license
your Content to anyone else in addition to MLM Friends.Com & Bob-Thompson.Net),
fully-paid and royalty-free (meaning that MLM Friends.Com & Bob-Thompson.Net
is not required to pay you for the use on the Platinum Club Services
of the Content that you post), sublicensable (so that MLM Friends.Com
& Bob-Thompson.Net is able to use its affiliates and subcontractors
such as Internet content delivery networks to provide the Platinum Club
Services), and worldwide (because the Internet and the Platinum Club
Services are global in reach). This license will terminate at the time
you remove your Content from the Platinum Club Services. The license
does not grant MLM Friends.Com & Bob-Thompson.Net the right to sell
your Content, nor does the license grant MLM Friends.Com & Bob-Thompson.Net
the right to distribute your Content outside of the Platinum Club Services.
2. You represent
and warrant that: (i) you own the Content posted by you on or through
the Platinum Club Services or otherwise have the right to grant the
license set forth in this section, and (ii) the posting of your Content
on or through the Platinum Club Services does not violate the privacy
rights, publicity rights, intellectual property rights (including copyrights),
contract rights or any other rights of any person. You agree to pay
for all royalties, fees, and any other monies owing any person by reason
of any Content posted by you to or through the Platinum Club Services.
3. The Platinum
Club Services contain Content of MLM Friends.Com & Bob-Thompson.Net
("MLM Friends.Com & Bob-Thompson.Net Content"). MLM Friends.Com
& Bob-Thompson.Net Content is protected by copyright, trademark,
patent, trade secret and other laws, and MLM Friends.Com & Bob-Thompson.Net
owns and retains all rights in the MLM Friends.Com & Bob-Thompson.Net
Content and the Platinum Club Services. MLM Friends.Com & Bob-Thompson.Net
hereby grants you a limited, revocable, license to reproduce and display
the MLM Friends.Com & Bob-Thompson.Net Content (excluding any software
code) solely for your personal MLM Business Building use in connection
with viewing the Platinum Club and using the Platinum Club Services.
4. The Platinum
Club Services contain Content of Users and other MLM Friends.Com &
Bob-Thompson.Net licensors. Except for Content posted by you, you may
not copy, modify, translate, publish, broadcast, transmit, distribute,
perform, display, or sell any Content appearing on or through the Platinum
Club Services.
7. Content Posted.
1. may delete any Content that in the sole judgment of MLM Friends.Com
& Bob-Thompson.Net violates this Agreement or which may be offensive,
illegal or violate the rights, harm, or threaten the safety of any person.
MLM Friends.Com & Bob-Thompson.Net assumes no responsibility for
monitoring the Platinum Club Services for inappropriate Content or conduct.
If at any time MLM Friends.Com & Bob-Thompson.Net chooses, in its
sole discretion, to monitor the Platinum Club Services, MLM Friends.Com
& Bob-Thompson.Net nonetheless assumes no responsibility for the
Content, no obligation to modify or remove any inappropriate Content,
and no responsibility for the conduct of the User submitting any such
Content.
2. You are solely
responsible for the Content that you post on or through any of the Platinum
Club Services, and any material or information that you transmit to
other Members and for your interactions with other Users. MLM Friends.Com
& Bob-Thompson.Net does not endorse and has no control over the
Content. Content is not necessarily reviewed by MLM Friends.Com &
Bob-Thompson.Net prior to posting and does not necessarily reflect the
opinions or policies of MLM Friends.Com & Bob-Thompson.Net. MLM
Friends.Com & Bob-Thompson.Net makes no warranties, express or implied,
as to the Content or to the accuracy and reliability of the Content
or any material or information that you transmit to other Members.
8. Content/Activity
Prohibited. The following is a partial list of the kind of Content that
is illegal or prohibited to post on or through the Platinum Club Services.
reserves the right to investigate and take appropriate
legal action against anyone who, in sole discretion,
violates this provision, including without limitation, removing the offending
communication from the Platinum Club Services and terminating the Membership
of such violators. Prohibited Content includes, but is not limited to
Content that, in the sole discretion of :
1. is patently offensive
and promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
2. harasses or advocates
harassment of another person;
3. exploits people
in a sexual or violent manner;
4. contains nudity,
violence, or offensive subject matter or contains a link to an adult
website;
5. solicits personal
information from anyone under 18;
6. promotes information
that you know is false or misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
7. promotes an illegal
or unauthorized copy of another person's copyrighted work, such as providing
pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
8. involves the
transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
9. contains restricted
or password only access pages or hidden pages or images (those not linked
to or from another accessible page);
10. furthers or
promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making
or buying illegal weapons, violating someone's privacy, or providing
or creating computer viruses;
11. solicits passwords
or personal identifying information for commercial or unlawful purposes
from other Users;
12. involves non
MLM commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, or pyramid schemes;
13. includes a photograph
of another person that you have posted without that person's consent;
or
14. for any profiles,
uses sexually suggestive imagery or any other unfair, misleading or
deceptive Content intended to draw traffic to the MLM Business.
The following is
a partial list of the kind of activity that is illegal or prohibited
on the Platinum Club and through your use of the Platinum Club Services.
reserves the right to investigate and take appropriate
legal action against anyone who, in sole discretion,
violates this provision, including without limitation, reporting you
to law enforcement authorities. Prohibited activity includes, but is
not limited to:
16. criminal or
tortious activity, including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright infringement,
patent infringement, or theft of trade secrets;
17. advertising
to, or solicitation of, any Member to buy or sell any products or services
through the Platinum Club Services. You may not transmit any chain letters
or junk email to other Members. It is also a violation of these rules
to use any information obtained from the Platinum Club Services in order
to contact, advertise to, solicit, or sell to any Member without their
prior explicit consent. In order to protect our Members from such advertising
or solicitation, reserves the right to restrict
the number of emails which a Member may send to other Members in any
24-hour period to a number which deems appropriate
in its sole discretion. If you breach this Agreement and send unsolicited
bulk email, instant messages or other unsolicited communications of
any kind through the Platinum Club Services, you acknowledge that you
will have caused substantial harm to , but that
the amount of such harm would be extremely difficult to ascertain. As
a reasonable estimation of such harm, you agree to pay $100 for each such unsolicited email, advertisement, junk emails
or chain letters or other unsolicited communication you send, acting
culpably, through the Platinum Club Services, regardless of the number
of recipients of such email. is entitled to additional
compensation of damages beyond $100. You have the right to prove that
damages are below $100;
18. covering or
obscuring the banner advertisements on your personal profile page, or
any page via HTML/CSS or any other means;
19. any automated
use of the system, such as using scripts to add friends or send comments
or messages;
20. interfering
with, disrupting, or creating an undue burden on the Platinum Club Services
or the networks or services connected to the Platinum Club Services;
21. attempting to
impersonate another Member or person;
22. using the account,
username, or password of another Member at any time or disclosing your
password to any third party or permitting any third party to access
your account;
23. selling or otherwise
transferring your profile;
24. using any information
obtained from the Platinum Club Services in order to harass, abuse,
or harm another person;
25. displaying an
advertisement on your profile, or accepting payment or anything of value
from a third person in exchange for your performing any commercial activity
on or through the Platinum Club Services on behalf of that person, such
as placing commercial content on your profile, posting blogs or bulletins
with a commercial purpose, selecting a profile with a commercial purpose
as one of your "Top" friends; or
27. using the Platinum
Club Services in a manner inconsistent with any and all applicable laws
and regulations.
9. Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to others
without obtaining the prior written consent of the owner of such proprietary
rights. It is the policy of to terminate Membership
privileges of any Member who repeatedly infringes the copyright rights
of others upon receipt of prompt notification to
by the copyright owner or the copyright owner's legal agent. Without limiting
the foregoing, if you believe that your work has been copied and posted
on the Platinum Club Services in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information: (i)
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; (ii) a description of the
copyrighted work that you claim has been infringed; (iii) a description
of where the material that you claim is infringing is located on the Platinum
Club Services; (iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent,
or the law; (vi) a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent for notice of claims of copyright
infringement can be reached as follows: Copyright Agent, , 67 Lyon Road, Crowthorne, Berkshire, England, RG45 6RX; Attn: Copyright
Agent; and email: copyrightagent@homemlmsolutions.com.
10. Member Disputes.
You are solely responsible for your interactions with other Platinum Club
Members. reserves the right, but has no obligation,
to monitor disputes between you and other Members.
11. Privacy. Use of
the Platinum Club Services is also governed by our Privacy Policy, which
is incorporated into this Agreement by this reference.
12. Liability Disclaimer.
will not be responsible for any incorrect or inaccurate
Content posted on the Platinum Club or in connection with the Platinum
Club Services, whether caused by Users of the Platinum Club Services or
by any of the equipment or programming associated with or utilized in
the Platinum Club Services. Profiles created and posted by Members on
the Platinum Club may contain links to other websites. is not responsible for the Content, accuracy or opinions expressed
on such websites, and such websites are in no way investigated, monitored
or checked for accuracy or completeness by .
Inclusion of any
linked website on the Platinum Club Services does not imply approval or
endorsement of the linked website by . When you
access these third-party sites, you do so at your own risk. takes no responsibility for third party advertisements which are posted
on this Platinum Club or through the Platinum Club Services, nor does
it take any responsibility for the goods or services provided by its advertisers.
is not responsible for the conduct, whether online
or offline, of any User of the Platinum Club Services.
In addition, assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line
failure, theft or destruction or unauthorized access to, or alteration
of, any User or Member communication. is not responsible
for any problems or technical malfunction of any telephone network or
lines, computer online systems, servers or providers, computer equipment,
software, failure of any email or players due to technical problems or
traffic congestion on the Internet or on any of the Platinum Club Services
or combination thereof.
13. Exclusion of Warranty.
The Platinum Club Services are provided "AS-IS" and as available.
does not warrant of timely, secure, error- and
interruption-free provision of Platinum Club Services. expressly disclaims any warranty of fitness for a particular purpose
or non-infringement. cannot guarantee and does
not promise any specific results from use of the Platinum Club Services.
The exclusion of warranties does not affect your right of withdrawal.
Some jurisdictions
do not allow the exclusion or limitation of certain types of of warranty
or liability, such as liability for death or personal injury as a result
of negligence or fraud of . Some of the limitations
in clauses 12 and 13 may therefore not apply to you.
14. Disputes. If there
is any dispute about or involving the Platinum Club Services, you agree
that the dispute shall be governed by the laws of the United Kingdom,
without regard to conflict of law provisions.
Either or you may demand that any dispute between
and you about or involving the Platinum Club Services must be settled
by arbitration utilizing the dispute resolution procedures of the United
Kingdom. This does not apply when you are a consumer, The demand to settle
a dispute by arbitration shall not prevent from
seeking injunctive relief in a court of competent jurisdiction.
16. Indemnity. You
agree to indemnify and hold , its subsidiaries,
and affiliates, and their respective officers, agents, partners and employees,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
use of the Platinum Club Services in violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach of your representations
and warranties set forth above and/or if any Content that you post on
the Platinum Club or through the Platinum Club Services causes to be liable to another, provided that this was caused by
culpable conduct.
17. Other. This Agreement
is accepted upon your use of the Platinum Club or any of the Platinum
Club Services and is further affirmed by you becoming a Member. This Agreement
constitutes the entire agreement between you and
regarding the use of the Platinum Club Services. The failure of to exercise or enforce any right or provision of this Agreement
shall not operate as a waiver of such right or provision. The section
titles in this Agreement are for convenience only and have no legal or
contractual effect.
This Agreement operates
to the fullest extent permissible by law. If any provision of this Agreement
is unlawful, void or unenforceable, that provision is deemed severable
from this Agreement and does not affect the validity and enforceability
of any remaining provisions.
Please contact us
at: Contact with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE.
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