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Massfeedback communities allow for groups of like-minded or socially connected
individuals to connect and communicate on a higher level while gaining social
capital for the future. Social capital is the glue that holds the regional,
national, and global village together. With Massfeedback productivity and Mobile
Engagement TM tools, an individual, group, or business can
move to a more productive level of interaction.
To become a member of any Massfeedback community or database, you must read and
accept all of the terms and conditions of this agreement and the Privacy
Policy. If you do not agree to be bound by the terms of this agreement, you may
not use Massfeedback online services.
You agree that we may modify the terms of this Agreement or the Privacy Policy,
in our sole discretion, by posting amended terms to this Web site. Your
continued use of the service indicates your acceptance of the amended Terms of
Service Agreement. This agreement applies to ALL Massfeedback websites,
databases, communities or web entities.
1. THE SERVICE. The
Service is provided by Massfeedback.com, LLC and you understand and agree to
the following: (a) All users who choose to register must provide a valid email
address and also choose a login username and password; b) You are responsible
for maintaining the confidentiality of your member name and password, and all
uses of your account -- whether or not you've authorized such use; (c) You agree
to notify Massfeedback.com, LLC immediately of any unauthorized use of your account
and (d) You are at least 13 years of age. Massfeedback.com, LLC will not be
held liable for any loss or damage for non-compliance. In addition, you
understand and agree that the content of all users, including your content, will
be collected, aggregated and anonymously integrated into the Massfeedback
service and that Massfeedback.com, LLC will use aggregated data collected from
you and other users for statistical and analytical reporting purposes. You
understand, and agree that, unless expressly stated, Massfeedback.com, LLC in
no way controls, verifies, or endorses any of the information contained on or
in the Massfeedback database(s), including links, events, messages, message
boards and members published listings.
2. REGISTRATION PROCESS. Some
links may be accessible without registering, but all users must complete the
registration process to fully utilize any Massfeedback.com, LLC service. As
part of the registration process for the Service, you agree to: (a) provide
certain limited information about you as prompted to do so by the Service (such
information is to be current, complete and accurate); and (b) maintain and
update this information as required to keep it current, complete and accurate. Massfeedback.com,
LLC utilizes SpiderfoxTM technology and also employs other software
to ensure that all users are real people. If any duplicate, false, or
inappropriate registration information is provided, service to that user may be
withheld. Massfeedback.com, LLC reserves the right to refuse the Service to any
user.
3. COPYRIGHTS AND
TRADEMARKS. Massfeedback.com, LLC and the Massfeedback.com, LLC logo and other
names, logos, icons and marks identifying any Massfeedback.com, LLC products
and services are trademarks of Massfeedback.com, LLC and may not be used
without the prior written permission of Massfeedback.com, LLC. Except as
otherwise expressly set forth in this Agreement, you may not copy, reproduce,
distribute, or create derivative works of the Service without obtaining written
legal permission from Massfeedback.com, LLC. Furthermore, you may not reverse
engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive
source code from the Service. All rights not expressly granted in this
Agreement are reserved by Massfeedback.com, LLC.
You shall not remove, cover or obscure any trademark, copyright and other
proprietary notices or legends included on the Service. You understand and
agree that any uploading or posting will be at your sole risk and that
Massfeedback.com, LLC is ONLY responsible for the working order and access to
our servers.
Massfeedback.com, LLC respects the intellectual property of others and we
require that our users and members do the same. You may not post, distribute or
reproduce in any way any copyrighted material, trademarks, or other proprietary
information that you do not have legal authorization to use.
4. USER CONDUCT. You agree
to act responsibly and to treat other users and members with respect. Massfeedback
members are also expected to act in a manner appropriate to each group,
business, or work space of which they are a member.
5. CONTENT. You are fully
responsible for any content you post on and Massfeedback.com, LLC database,
webpage, web service, or web entity including, but not limited to, personal
profile(s), web boards, surveyboards, notebooks, issues, records, needs, and
invoices. All documents, content, intellectual property, and information in any
and all Massfeedback.com, LLC databases is completely owned and maintained by
the user(s) which have access to it. Massfeedback.com, LLC is responsible only
for the working order and access to our servers.
Massfeedback.com, LLC does not regularly review any content stored on its
databases BUT Massfeedback.com, LLC cannot guarantee that illegal or offensive
content won’t be removed by the force of legal or corporate guidelines.
Content WILL be reviewed if reported to Massfeedback.com, LLC by ANY user or
member of a Massfeedback.com, LLC service. If the content is thereby deemed to
be inappropriate by the Massfeedback Review Board, it will be removed.
Mature Content Guidelines:
Although nudity and sexual content is permitted on Massfeedback.com, LLC
databases, it is NOT allowed in any space that is readily accessible by all
users, including, but not limited to: user profiles, casual messages, or public
message boards.
Massfeedback.com, LLC considers the following content to be Mature:
- Any pictures, images, drawing, or graphics of a sexual nature or depicting a person
involved in a sexual act.
- Any written or graphic profanity of any kind.
- Any graphic or written material pertaining or referring to the use or existence of
any illegal substances or acts.
If you are exposed to material on this site that violates these Terms, you
waive your right to any damages related to such exposure. Such material should
be immediately reported to: john.pearson@massfeedback.com.
6. LINKS TO THIRD PARTY
SITES. Any links included within a Massfeedback.com, LLC database that directs
users out of the Massfeedback.com, LLC site are not under the control of Massfeedback.com,
LLC, and Massfeedback.com, LLC is not responsible for the content of any linked
site or any link contained in a linked site. All such sites shall be subject to
the policies and procedures of the owner of such site.
7. TRANSACTIONS WITH
ORGANIZATIONS OR INDIVIDUALS. Massfeedback.com, LLC shall not be liable for
your interactions with any organizations and/or individuals found on or through
any Massfeedback.com, LLC service. This includes, but is not limited to,
payment and delivery of goods and services, and any other terms, conditions,
warranties or representations associated with such dealings. These dealings are
solely between you and such organizations and/or individuals. You agree that Massfeedback.com,
LLC is not responsible for any damage or loss incurred as a result of any such
dealings. Massfeedback.com, LLC is under no obligation to become involved in
disputes between participants on the site, or between participants on the site
and any third party. In the event of a dispute, you release Massfeedback.com,
LLC and its officers, employees, agents and successors in rights from claims,
damages and demands of every kind, known or unknown, suspected or unsuspected,
disclosed or undisclosed, arising out of or in any way related to such disputes
and our service.
8. PRIVACY. Please see the
Massfeedback.com, LLC Privacy Policy.
9. TERMINATION. Massfeedback.com,
LLC reserves the right to refuse membership to anyone. Massfeedback.com, LLC may
terminate your membership and any and all information, communications or
postings, at any time, without notice, for conduct that violates this
Agreement.
10. DISCLAIMER OF
WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR
OTHER CONTENT YOU DOWNLOAD FROM ANY MASSFEEDBACK.COM, LLC DATABASE IS AT YOUR
SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF FILES,
SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR
ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE MASSFEEDBACK.COM, LLC SITES
ARE PROVIDED ON AN "AS IS" BASIS. MASSFEEDBACK.COM, LLC, ITS VENDORS,
SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. NEITHER MASSFEEDBACK.COM, LLC, NOR ITS VENDORS, LICENSORS, OR
SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR
OTHER CONTENT YOU DOWNLOAD FROM THE MASSFEEDBACK.COM, LLC DATABASES OR SITES
WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE
UNINTERRUPTED, OR ERROR FREE; NOR DOES MASSFEEDBACK.COM, LLC, OR ITS VENDORS, LICENSORS
OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
11. LIMITATION OF
LIABILITY. IN NO EVENT SHALL MASSFEEDBACK.COM, LLC, ITS VENDORS LICENSORS OR
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO
USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF MASSFEEDBACK.COM, LLC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, MASSFEEDBACK.COM,
LLC SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY
CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. INDEMNITY. YOU HEREBY
AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD MASSFEEDBACK.COM, LLC HARMLESS
FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT
OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF
INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION
WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS
AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT
AGAINST MASSFEEDBACK.COM, LLC ARISING OUT OF YOUR USE OF THE SERVICE OR
SOFTWARE.
13. GENERAL TERMS. This
Agreement is governed in all respects by the laws of the State of TEXAS, U.S.A, without
reference to its conflicts of laws, principles and any dispute arising
hereunder shall be submitted to state and federal courts in TX and you consent
to the exclusive jurisdiction of such courts. If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. Massfeedback.com, LLC
failure to act with respect to a breach by you does not waive Massfeedback.com,
LLC’s right to act with respect to subsequent or similar breaches. You may not
assign or transfer this Agreement or any rights hereunder, and any attempt to
the contrary is void. This Agreement shall inure to the benefit of and be
binding upon each party's successors and assigns. Massfeedback.com, LLC shall
not be liable for any delay or failure to perform resulting directly or
indirectly from any causes beyond Massfeedback.com, LLC’s reasonable control.
Any notice required or given to you under this Agreement shall be delivered via
e-mail at the address provided by you during registration.
14. SPECIAL ADMONITIONS FOR
INTERNATIONAL USE. As a consequence of the global nature of the Internet, you
agree to comply with all local rules regarding user conduct on the Internet and
acceptable content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United States or the country in
which you reside.
This
Agreement constitutes the complete and exclusive
understanding and agreement of the parties relating to the subject matter
hereof and supersedes all prior understandings, proposals, agreements,
negotiations, and discussions between the parties, whether written or oral. You
understand and agree that you are solely responsible
for reviewing the terms of this Agreement from time to time. Any continued use
of the Software or Service by you after such amended terms have been posted or
information regarding such amendment has been sent to you, shall be deemed your consent and agreement to
such amended terms. From time to time,
Massfeedback.com,
LLC may make additions or changes to this agreement. Though a message may be
provided at login, it is each individual user’s responsibility to review this
agreement.
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