FEB of Colorado LLC ("MaidenName" "MaidenName.net" "we," or "us") provides its web site, MaidenName.net, located at www.MaidenName.net (the "Site"), to you, an individual user ("you"), subject to compliance with the terms and conditions set forth herein.
Changes to the TOU
We reserve the right at any time to:
Change the terms and conditions of the TOU;
Change the Site, including eliminating or discontinuing any content or feature of the Site; or
Impose fees, charges or other conditions for use of the Site or parts thereof (with reasonable notice).
MaidenName.net may modify the Site at any time without prior notice, and you accept those modifications if you continue to use the Site.
Sharing Your Content and Information
You own all of the content and information you post on MaidenName.net, and you can control how it is shared through your privacy and application settings.
For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with MaidenName.net ("IP License"). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information using the "everyone" setting, it means that you are allowing everyone, including people off of MaidenName.net, to access and use that information, and to associate it with you (i.e., your name and profile picture).
Copyright, Linking Policy and Trademarks
Except for content posted by individual members in their member sections (as described above in Sharing Your Content and Information), the Site and the content contained herein, as well as all copyrights, are the property of their respective copyright holder, MaidenName.net, or its licensors and affiliates. You may access and use the site’s content, and download and/or print out copies of any content from the Site, solely for your personal noncommercial use. You acknowledge that you do not acquire any ownership rights by using the Site. Except for content posted by individual members in their member sections (as described above in Sharing Your Content and Information), everything you see and hear on this site (the "Content"), including, for example, all of the text, directories, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is copyrighted under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by MaidenName.net or by one of its affiliates, or by third parties who have licensed their materials to MaidenName.net or by their respective copyright holders and are made available under a permissive limited use exception. The entire Content of this site is copyrighted as a collective work under United States law and applicable international copyright laws and treaties. MaidenName.net owns the copyright in the selection, coordination, arrangement and enhancement of the Content.
Links to Other Internet Web Sites
The Site contains links to other Internet web sites or resources. We neither control nor endorse such other web sites, nor have we reviewed or approved any content that appears on such other web sites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
You may link to any content on the Site. If you are interested in reprinting, republishing or distributing content from MaidenName.net, please contact MaidenName.net to obtain written consent.
CONSIDERING TRADEMARK. MaidenName.net is a trademark and/or service mark of MaidenName.net or an affiliate. All other trademarks, service marks, and logos used on our web sites are the trademarks, service marks, or logos of their respective owners.
You may not republish, upload, post, transmit or distribute content from the Site to online bulletin boards, message boards, newsgroups, chat rooms, or in other any manner, without our prior written permission. Modification of the content or use of the content for any purpose other than your own personal use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
In addition, in connection with your use of the Site, you agree not to:
Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
Use the Site for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
"Frame" or "mirror" any part of the Site without our prior written authorization;
Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest or collect information about visitors to the Site without their express consent.
You also agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and the content made available therein.
Overview of Posting Comments or Content
Our blogs, forums, articles and all other content sections are intended to serve as a discussion center for thoughtful users.
We also respectfully ask that you not engage in any:
Profanity, vulgarity or offensive conduct of any kind.
Business solicitations or advertising.
Inappropriate, unethical or misleading behavior.
These standards are designed to ensure that the dialogue on the Site is credible, responsible, intelligent and informative. We cannot guarantee that users will tell the truth, and we will not monitor the veracity of names and positions or the content of any posts. However, by setting out the above guidelines, we hope to raise the credibility of the discussion and foster a spirit of open, honest exchanges of information. In addition, please be advised that even if a user who posts a comment may, if the user so registers, be publicly identifiable only by the alias he or she chose during registration, MaidenName.net records will contain the actual identity of the author of any comment posted to the Site.
If you have any comments on our policies, or complaints or concerns of any kind about any posts, please contact us. We will review all of the information that you communicate to us, but we will respond within 48 hours.
Online Rules of Conduct
When you post a comment on the Site, You agree to:
Post comments in both tone and content that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the Site.
Automatically grant - yourself or because you have the unrestricted right from the actual owner - MaidenName.net a royalty-free, perpetual, non-exclusive and fully transferable and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display comments you post (in whole or in part) worldwide and/or to incorporate any one of those comments in other works now or in the future.
Maintain and promptly update your registration data to keep it true, accurate, current and complete.
You agree not to:
Choose an Alias that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise or objectionable.
Post any comment that you either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity or completeness of any comment you post.
Post any comment that is unlawful, harmful or injurious to others, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise tortuous or objectionable.
Post any comment that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights.
By use of your Alias or in any comment, impersonate any person or entity, falsely or deceptively state, infer or otherwise misrepresent your affiliation with or connection to any person or entity.
Post any comment which, either the act of posting or the comment itself, you do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship.
Post any advertising, promotional materials, so called "chain letters," "pyramid" or other schemes or invitations to participate in these or any other form of solicitation or promotion.
Post any non-public or otherwise restricted, confidential or proprietary information without authorization.
Violate any local, state, national or international law, regulation or order of any court.
MaidenName.net welcomes your comments and feedback regarding this web site. Except for content posted by individual members in their member sections (as described above in Sharing Your Content and Information), all information and materials, including comments, ideas, questions, designs, and the like, submitted to MaidenName.net through this web site will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork.
Except for content posted by individual members in their member sections (as described above in Sharing Your Content and Information), by submitting information or materials to MaidenName.net through this web site, you assign toMaidenName.net, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. MaidenName.net will be entitled to use any information or materials you submit through this web site for any purpose whatsoever, without restriction and without compensating you in any way.
While we believe that the Site can and should be a positive environment for the exchange of information, you understand that the Site is open for posting to all users. Some individuals may post comments that may be offensive, indecent, objectionable, false, misleading or simply inappropriate.
Responsibility for posts
Each individual who posts a comment is solely responsible for her or his own acts, including the content, context or information in the comment he or she posts. This means that each individual, and not MaidenName.net, is entirely responsible for anything and everything she or he posts on any Blog.
Disclaimer of Warranties
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAIDENNAME.NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES RELATING TO THE ADEQUACY, ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OUR SITE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
MAIDENNAME.NET AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF MAIDENNAME.NET OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
Limitation of Liability
NEITHER MAIDENNAME.NET NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH MAIDENNAME.NET. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO MAIDENNAME.NET FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorney’s fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; or (c) your violation of the rights of any third party.
You understand and agree that MAIDENNAME.NET may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.
MAIDENNAME.NET respects the intellectual property of others, and we ask our users to do the same. MAIDENNAME.NET may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
a description of where the material that you claim is infringing is located on the site, including the URL;
your address, telephone number, and email address;
a 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; and
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.
For claims of copyright infringement MAIDENNAME.NET can be reached as follows:
FEB of COLORADO LLC 13663 Plaster Pt. #102 Broomfield, CO 80023
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site’s content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
The TOU, together with all MaidenName.net policies referred to herein, constitutes the entire agreement between you and MaidenName.net relating to your use of the Site and supersedes all prior or contemporaneous written or oral agreements on that subject between us. The TOU and the relationship between you and MaidenName.net are governed by and construed in accordance with the laws of the State of Colorado, without regard to its principles of conflict of laws. You and MaidenName.net agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Colorado, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of the TOU is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOU and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the TOU is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. We reserve the right to require you to sign a non-electronic version of the TOU. Last Updated on Thursday, 03March 2011 03:25.