"MLM
Friends"Platinum Club Terms of Use Agreement
4
August 2007
The
"MLM Friends" Platinum Club is a social
networking service provided by Home MLM Solutions
Ltd, 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 Home MLM Solutions Ltd ("we")
include the MLM Friends website (the "MLM Friends"
Platinum Club Website), the MLM Scambuster Software,
MLM Scambuster Report, 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"). All websites
of Home MLM Solutions Ltd are hosted in the U.K.
This
Terms of Use Agreement ("Agreement") sets
forth the legally binding terms for your use of the
Home MLM Solutions Ltd 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 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 MLM Friends.Com & Bob-Thompson.Net's 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@MLM Friends.Com, Subject: Terms of Use Agreement.
MLM Friends.Com
& Bob-Thompson.Net 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. MLM Friends.Com & Bob-Thompson.Net 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 & Bob-Thompson.Net.
1.
MLM Friends.Com & Bob-Thompson.Net 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.
MLM Friends.Com & Bob-Thompson.Net 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.
MLM Friends.Com & Bob-Thompson.Net reserves the right to investigate and take
appropriate legal action against anyone who, in MLM Friends.Com & Bob-Thompson.Net's
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 MLM Friends.Com & Bob-Thompson.Net:
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. MLM Friends.Com
& Bob-Thompson.Net reserves the right to investigate and take appropriate
legal action against anyone who, in MLM Friends.Com & Bob-Thompson.Net's 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, MLM Friends.Com
& Bob-Thompson.Net 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 MLM
Friends.Com & Bob-Thompson.Net 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 MLM Friends.Com
& Bob-Thompson.Net, but that the amount of such harm would be extremely difficult
to ascertain. As a reasonable estimation of such harm, you agree to pay MLM Friends.Com
& Bob-Thompson.Net $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. MLM Friends.Com & Bob-Thompson.Net is entitled to additional compensation
of damages beyond $100. You have the right to prove that MLM Friends.Com &
Bob-Thompson.Net's damages are below $100;
18.
covering or obscuring the banner advertisements on your personal profile page,
or any MLM Friends.Com & Bob-Thompson.Net 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 MLM Friends.Com & Bob-Thompson.Net to terminate
Membership privileges of any Member who repeatedly infringes the copyright rights
of others upon receipt of prompt notification to MLM Friends.Com & Bob-Thompson.Net
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. MLM Friends.Com &
Bob-Thompson.Net's Copyright Agent for notice of claims of copyright infringement
can be reached as follows: Copyright Agent, MLM Friends.Com & Bob-Thompson.Net,
Inc. 67 Lyon Road, Crowthorne, Berkshire, England, RG45 6RX; Attn: Copyright Agent;
and email: copyrightagent@MLM Friends.Com.
10.
Member Disputes. You are solely responsible for your interactions with other Platinum
Club Members. MLM Friends.Com & Bob-Thompson.Net 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. MLM Friends.Com & Bob-Thompson.Net 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. MLM Friends.Com & Bob-Thompson.Net
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 MLM Friends.Com & Bob-Thompson.Net.
Inclusion of any linked website on the Platinum Club Services does not imply approval
or endorsement of the linked website by MLM Friends.Com & Bob-Thompson.Net.
When you access these third-party sites, you do so at your own risk. MLM Friends.Com
& Bob-Thompson.Net 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. MLM Friends.Com & Bob-Thompson.Net is not responsible for the
conduct, whether online or offline, of any User of the Platinum Club Services.
In addition,
MLM Friends.Com & Bob-Thompson.Net 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. MLM Friends.Com & Bob-Thompson.Net
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. MLM Friends.Com & Bob-Thompson.Net does not warrant of timely,
secure, error- and interruption-free provision of Platinum Club Services. MLM
Friends.Com & Bob-Thompson.Net expressly disclaims any warranty of fitness
for a particular purpose or non-infringement. MLM Friends.Com & Bob-Thompson.Net
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 MLM Friends.Com & Bob-Thompson.Net. 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
MLM Friends.Com & Bob-Thompson.Net or you may demand that any dispute between
MLM Friends.Com & Bob-Thompson.Net 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 MLM Friends.Com
& Bob-Thompson.Net from seeking injunctive relief in a court of competent
jurisdiction.
16.
Indemnity. You agree to indemnify and hold MLM Friends.Com & Bob-Thompson.Net,
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 MLM Friends.Com & Bob-Thompson.Net
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 MLM Friends.Com & Bob-Thompson.Net
regarding the use of the Platinum Club Services. The failure of MLM Friends.Com
& Bob-Thompson.Net 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
Home MLM Solutions Ltd with any questions regarding
this Agreement.
