Welcome to Most09.com. Please read this agreement (the or this “Agreement”) carefully as it is a contract between us and contains the terms of service (the “Terms of Service”) governing use of most09.com (the “Website”). By using the Website, you are deemed to have accepted this Agreement and you have agreed to be bound by this Agreement. If you do not wish to be bound by this Agreement, please do not access, browse or use the Website.
Intellectual Property Rights
You agree to Most09.com’s Copyright Policy, which is available at http://www.most09.com/copyright/.
Amendments to This Agreement
Most09.com reserves the right to change this Agreement from time to time in its sole discretion. Please check this Agreement periodically for changes. Each time changes are made to this Agreement, your continued use of the Website after the posting of changes constitutes acceptance of any such changes.
Membership and Registration
To use certain features of the Website, you will need a username and password, which you will receive through the Website’s registration process. You also will have the option to upload an avatar through the Website’s registration policy. Most09.com reserves the right to reject or terminate the use of any username or avatar that Most09.com deems offensive or inappropriate. In addition, Most09.com also reserves the right to terminate the use of any username or account, or to deny access to the Website or any features of the Website, to anyone who violates this Agreement or who, in Most09.com’s sole judgment, interferes with the ability of others to enjoy the website or infringes the rights of others. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify Most09.com immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Most09.com cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
In addition to other grounds for suspension or termination of your use of the Website, Most09.com, in its sole discretion, may suspend or terminate your use of the Website for any reason, including, without limitation, if Most09.com believes you have violated or acted inconsistently with the letter or spirit of this Agreement.
If you are not yet 13 years old, please discontinue using the Website immediately. Most09.com, at its discretion, may require users under 18 years of age to obtain the consent of a parent or guardian to view certain content. You agree to abide by such restrictions, and to not assist anyone to avoid these restrictions.
Most09.com presently allows users to contribute to the Website through the posting of comments and the submission of your top 9 lists (each, a “Contribution”). In the future, Most09.com may allow users to make Contributions to the Website in other ways. By making a Contribution, you hereby grant Most09.com a worldwide, continuing, non-exclusive, irrevocable and royalty-free license to use, copy, transmit or otherwise distribute and delay your Contribution for any legal purpose whatsoever. By making a Contribution, you further agree to waive the right to any claim against Most09.com and any related parties in connection with the Contribution. You further represent and warrant that your Contribution (i) shall not create any liability for Most09.com and any related parties; (ii) shall be true and accurate; (iii) shall not violate any law; and (iv) shall not violate the intellectual property rights of any third parties.
You agree not to use the Website to:
Post any Contribution that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, or hateful;
Post any Contribution that harasses, degrades or intimidates an individual or group of individuals on the basis of race, ethnicity, religion, gender, sexual orientation, age or disability;
Harass or “stalk” any other person or entity;
Harm or threaten to harm any other person or entity;
Impersonate any person or entity, including, without limitation, an employee or agent of Most09.com, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Collect or store personal data about Most09.com’s users;
Violate, whether intentionally or not, any local, state, national or international law;
Post or otherwise disseminate or transmit any unsolicited or unauthorized advertising, promotion materials, spam, junk mail, or any other type or form of solicitation;
Post or otherwise disseminate or transmit any viruses, worms or other harmful, destructive or disruptive files, codes or programs;
Interfere with or disrupt the Website, or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
Post any Contribution that infringes or violates any party’s copyright, trademark, trade secret, patent or other propriety right;
Post any Contribution that you do not have a right to transmit under any law or under contractual or fiduciary relationship, which includes proprietary, confidential or inside information learned or disclosed as part of employment relationships or under nondisclosure agreements; or
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contribution;
User Contribution Disclaimer
Most09.com is not responsible for material submitted to or posted on the Website by users. Most09.com does not and cannot review all Contributions posted or created by users. Notwithstanding the foregoing, Most09.com has the right to block or remove Contributions that, in the sole discretion of Most09.com, violate this Agreement or is otherwise inappropriate or inaccurate.
Links to Other Sites
Most09.com routinely contains links to external, third party websites. By providing likes to such sites, Most09.com does not guarantee, approve or endorse the information or products available at such sites. Furthermore, a link does not indicate any association with or endorsement by the linked site of Most09.com. Most09.com does not operate or control and has no responsibility for the information, products and/or services available on any external sites, including, without limitation, the accuracy and reliability of such information, products and/or services. You assume complete responsibility and risk in your use of any linked sites.
Disclaimer of Warranties
THE WEBSITE IS AVAILABLE “AS IS.” Most09.com DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS AVAILABLE ON THE WEBSITE. Most09.com DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE OR ANY INFORMATION THAT IS AVAILABLE OR ADVERTISED OR SOLD THROUGH THE WEBSITE. Most09.com DOES NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY OPINION, STATEMENT OR OTHER MATERIAL OR CONTENT DISPLAYED, UPLOADED OR DISTRIBUTED ON THE WEBSITE OR AVAILABLE THOUGH LINKS ON THE WEBSITE. Most09.com RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON THE WEBSITE.
ALTHOUGH Most09.com INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE MATERIALS ON THE WEBSITE, Most09.com DOES NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. Most09.com IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE WEBSITE AND ANY MATERIALS AVAILABLE THROUGH THE WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL Most09.com OR ITS SUBSIDIARIES, PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF Most09.com IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Most09.com’S LIABILITY AND THE LIABILITY OF ITS SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Most09.com IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
You agree to defend, indemnify and hold Most09.com, its respective affiliates, and its and their officers, directors, employees and agents harmless from and against any and all claims, losses, actions, damages, injuries, costs, expenses and liabilities, including without limitation reasonable attorneys’ fees and costs, resulting from or in any way connected with your use of the Website, your use of material on the Website and any violation by your of this Agreement.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Website, including, without limitation, all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Any claim, action or proceeding arising out of this Agreement, or your use of the Website, shall be governed by and construed in accordance with the laws of the State of New York, without reference to the State of New York’s conflicts of laws principles, and must brought solely in a state or federal court in New York County, New York and any appellate court from any thereof. Furthermore, you unconditionally submit to the exclusive personal jurisdiction of such courts for any such action and waive, to the fullest extent you may legally do so, any objection or defense you may now or hereafter have to the laying of venue in any such court of any such suit, action or proceeding.
If any portion of this Agreement is found to be invalid or unenforceable for any reason, that portion shall be construed in a manner as consistent as possible with the original intentions of the parties, and you agree that the remaining portions of this Agreement shall remain in full force and affect.
Limitation of Actions
Any claim or cause of action arising out of your use of the Website or this Agreement must be filed within one year after such claim or cause of action arose or it will be deemed to be forever time-barred, notwithstanding any applicable statute of limitations. The failure of Most09.com to exercise or enforce any portion of this Agreement shall not constitute a waiver or modification of any such right or position.
Please direct any questions concerning this Agreement to [email protected]