1. Definitions.
"
TenBiggestMyths.Net"
is an interactive on-line service on the World
Wide Web of the Internet, consisting of
information services and content provided by
TenBiggestMyths.Net and third
parties. "Subscriber" means each person who
establishes or accesses a connection ("Account")
for access to and use of
TenBiggestMyths.Net.
2. General.
(A) This Agreement, which incorporates by
reference other provisions applicable to use
of
TenBiggestMyths.Net sets forth
the terms and conditions that apply to use
of
TenBiggestMyths.Net by
Subscriber. By using
TenBiggestMyths.Net (other than
to read this Agreement for the first time),
Subscriber agrees to comply with all of the
terms and conditions hereof. The right to
use
TenBiggestMyths.Net is personal
to Subscriber and is not transferable to any
other person or entity. Subscriber is
responsible for all use of Subscriber's
Account (under any screen name or password)
and for ensuring that all use of
Subscriber's Account complies fully with the
provisions of this Agreement. Subscriber
shall be responsible for protecting the
confidentiality of Subscriber's password(s),
if any.
(B)
TenBiggestMyths.Net shall have
the right at any time to change or
discontinue any aspect or feature of
TenBiggestMyths.Net,
including, but not limited to, content,
hours of availability, and equipment needed
for access or use.
3. Changed Terms.
TenBiggestMyths.Net shall have the
right at any time to change or modify the terms
and conditions applicable to Subscriber's use of
TenBiggestMyths.Net, or any part
thereof, or to impose new conditions, including,
but not limited to, adding fees and charges for
use. Such changes, modifications, additions or
deletions shall be effective immediately upon
notice thereof, which may be given by means
including, but not limited to, posting onTenBiggestMyths.Net,
or by electronic or conventional mail, or by any
other means by which Subscriber obtains notice
thereof. Any use of
TenBiggestMyths.Net by Subscriber
after such notice shall be deemed to constitute
acceptance by Subscriber of such changes,
modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining
and maintaining all telephone, computer hardware
and other equipment needed for access to and use
of
TenBiggestMyths.Net and all charges
related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use
TenBiggestMyths.Net for lawful
purposes only. Subscriber shall not post or
transmit through
TenBiggestMyths.Net any material
which violates or infringes in any way upon
the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable,
which encourages conduct that would
constitute a criminal offense, give rise to
civil liability or otherwise violate any
law, or which, without
TenBiggestMyths.Net's express
prior approval, contains advertising or any
solicitation with respect to products or
services. Any conduct by a Subscriber that
in
TenBiggestMyths.Net's
discretion restricts or inhibits any other
Subscriber from using or enjoying
TenBiggestMyths.Net will not be
permitted. Subscriber shall not use
TenBiggestMyths.Net to advertise
or perform any commercial solicitation,
including, but not limited to, the
solicitation of users to become subscribers
of other on-line information services
competitive with
TenBiggestMyths.Net.
(B)
TenBiggestMyths.Net contains
copyrighted material, trademarks and other
proprietary information, including, but not
limited to, text, software, photos, video,
graphics, music and sound, and the entire
contents of
TenBiggestMyths.Net are
copyrighted as a collective work under the
United States copyright laws.
TenBiggestMyths.Net owns a
copyright in the selection, coordination,
arrangement and enhancement of such content,
as well as in the content original to it.
Subscriber may not modify, publish,
transmit, participate in the transfer or
sale, create derivative works, or in any way
exploit, any of the content, in whole or in
part. Subscriber may download copyrighted
material for Subscriber's personal use only.
Except as otherwise expressly permitted
under copyright law, no copying,
redistribution, retransmission, publication
or commercial exploitation of downloaded
material will be permitted without the
express permission of
TenBiggestMyths.Net and the
copyright owner. In the event of any
permitted copying, redistribution or
publication of copyrighted material, no
changes in or deletion of author
attribution, trademark legend or copyright
notice shall be made. Subscriber
acknowledges that it does not acquire any
ownership rights by downloading copyrighted
material.
(C) Subscriber shall not upload, post or
otherwise make available on
TenBiggestMyths.Net any material
protected by copyright, trademark or other
proprietary right without the express
permission of the owner of the copyright,
trademark or other proprietary right and the
burden of determining that any material is
not protected by copyright rests with
Subscriber. Subscriber shall be solely
liable for any damage resulting from any
infringement of copyrights, proprietary
rights, or any other harm resulting from
such a submission. By submitting material to
any public area of
TenBiggestMyths.Net, Subscriber
automatically grants, or warrants that the
owner of such material has expressly granted
TenBiggestMyths.Net the
royalty-free, perpetual, irrevocable,
non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate
and distribute such material (in whole or in
part) worldwide and/or to incorporate it in
other works in any form, media or technology
now known or hereafter developed for the
full term of any copyright that may exist in
such material. Subscriber also permits any
other Subscriber to access, view, store or
reproduce the material for that Subscriber's
personal use. Subscriber hereby grants
TenBiggestMyths.Net the right
to edit, copy, publish and distribute any
material made available on
TenBiggestMyths.Net by
Subscriber.
(D) The foregoing provisions of Section 5
are for the benefit of
TenBiggestMyths.Net, its
affiliates and its third party content
providers and licensors and each shall have
the right to assert and enforce such
provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of
Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE
OF
TenBiggestMyths.Net IS AT
SUBSCRIBER'S SOLE RISK. NEITHER
TenBiggestMyths.Net, ITS
AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS OR LICENSORS WARRANT THAT
TenBiggestMyths.Net WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
BE OBTAINED FROM USE OF
TenBiggestMyths.Net, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY
INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH
TenBiggestMyths.Net.
(B)
TenBiggestMyths.Net IS PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES
TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORD, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES
THAT
TenBiggestMyths.Net IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF OTHER SUBSCRIBERS OR
THIRD-PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH
SUBSCRIBER.
(D) IN NO EVENT WILL
TenBiggestMyths.Net, OR ANY
PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING
TenBiggestMyths.Net BE LIABLE FOR
ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE
TenBiggestMyths.Net. SUBSCRIBER
HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON
TenBiggestMyths.Net.
(E) IN ADDITION TO THE TERMS SET FORTH
ABOVE NEITHER,
TenBiggestMyths.Net, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE
CAUSE OR DURATION, FOR ANY ERRORS,
INACCURACIES, OMISSIONS, OR OTHER DEFECTS
IN, OR UNTIMELINESS OR UNAUTHENTICITY OF,
THE INFORMATION CONTAINED WITHIN
TenBiggestMyths.Net, OR FOR ANY
DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR
LOSSES ARISING THEREFROM OR OCCASIONED
THEREBY. NONE OF THE FOREGOING PARTIES SHALL
BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR
LOSSES OF ANY NATURE, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, PUNITIVE OR
CONSEQUENTIAL DAMAGES. NEITHER
TenBiggestMyths.Net, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS WARRANT OR GUARANTEE THE
TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION.
ADDITIONALLY, THERE ARE NO WARRANTIES AS TO
THE RESULTS OBTAINED FROM THE USE OF THE
INFORMATION.
7. Monitoring.
TenBiggestMyths.Net shall have the
right, but not the obligation, to monitor the
content of
TenBiggestMyths.Net, including chat
rooms and forums, to determine compliance with
this Agreement and any operating rules
established by
TenBiggestMyths.Net and to satisfy
any law, regulation or authorized government
request.
TenBiggestMyths.Net shall have the
right in its sole discretion to edit, refuse to
post or remove any material submitted to or
posted on
TenBiggestMyths.Net. Without limiting
the foregoing,
TenBiggestMyths.Net shall have the
right to remove any material that
TenBiggestMyths.Net, in its sole
discretion, finds to be in violation of the
provisions hereof or otherwise objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold
harmless
TenBiggestMyths.Net, its affiliates
and their respective directors, officers,
employees and agents from and against all claims
and expenses, including attorneys' fees, arising
out of the use of
TenBiggestMyths.Net by Subscriber or
Subscriber's Account.
9. Termination.
Either
TenBiggestMyths.Net or Subscriber may
terminate this Agreement at any time. Without
limiting the foregoing,
TenBiggestMyths.Net shall have the
right to immediately terminate Subscriber's
Account in the event of any conduct by
Subscriber which
TenBiggestMyths.Net, in its sole
discretion, considers to be unacceptable, or in
the event of any breach by Subscriber of this
Agreement. The provisions of Sections 5(B),
5(C), 5(D), 6, 8, 10 and this Section 9 shall
survive termination of this Agreement.
10. Trademarks.
TenBiggestMyths.Net and its logo
are a trademark of
TenBiggestMyths.Net. All rights
reserved. All other trademarks appearing on
TenBiggestMyths.Net are the property
of their respective owners.
11. Third Party Content.
TenBiggestMyths.Net is a distributor
(and not a publisher) of content supplied by
third parties and Subscribers. Accordingly,
TenBiggestMyths.Net has no more
editorial control over such content than does a
public library, bookstore, or newsstand. Any
opinions, advice, statements, services, offers,
or other information or content expressed or
made available by third parties, including
information providers, Subscribers or any other
user of
TenBiggestMyths.Net, are those of the
respective author(s) or distributor(s) and not
of
TenBiggestMyths.Net. Neither
TenBiggestMyths.Net nor any
third-party provider of information guarantees
the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for
any particular purpose. (Refer to Section 6
above for the complete provisions governing
limitation of liabilities and disclaimers of
warranty.)
In many instances, the content available
through
TenBiggestMyths.Net represents the
opinions and judgments of the respective
information provider, Subscriber, or other user
not under contract with
TenBiggestMyths.Net.
TenBiggestMyths.Net neither
endorses nor is responsible for the accuracy or
reliability of any opinion, advice or statement
made on
TenBiggestMyths.Net by anyone other
than authorized
TenBiggestMyths.Net spokesperson
while acting in their official capacities. Under
no circumstances will
TenBiggestMyths.Net be liable for any
loss or damage caused by a Subscriber's reliance
on information obtained through
TenBiggestMyths.Net. It is the
responsibility of Subscriber to evaluate the
accuracy, completeness or usefulness of any
information, opinion, advice or other content
available through
TenBiggestMyths.Net. Please seek the
advice of professionals, as appropriate,
regarding the evaluation of any specific
information, opinion, advice or other content.
12. Miscellaneous.
This Agreement and any operating rules for
TenBiggestMyths.Net established by
TenBiggestMyths.Net constitute the
entire agreement of the parties with respect to
the subject matter hereof, and supersede all
previous written or oral agreements between the
parties with respect to such subject matter.
This Agreement shall be construed in accordance
with the laws of the State of California,
without regard to its conflict of laws rules. 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. The
section headings used herein are for convenience
only and shall not be given any legal import.
13. Copyrights and Copyright Agent.
TenBiggestMyths.Net respects the
rights of all copyright holders and in this
regard,
TenBiggestMyths.Net has adopted and
implemented a policy that provides for the
termination in appropriate circumstances of
subscribers and account holders who infringe the
rights of copyright holders. If you believe that
your work has been copied in a way that
constitutes copyright infringement, please
provide
TenBiggestMyths.Net the following
information required by the Online Copyright
Infringement Liability Limitation Act of the
Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a
person authorized to act on behalf of the
owner of an exclusive right that is
allegedly infringed;
2. Identification of the copyright work
claimed to have been infringed, or, if
multiple copyrighted works at a single
online site are covered by a single
notification, a representative list of such
works at that site;
3. Identification of the material that is
claimed to be infringing or to be the
subject of infringing activity and that is
to be removed or access to which is to be
disabled, and information reasonably
sufficient to permit us to locate the
material;
4. Information reasonably sufficient to
permit us to contact the complaining party;
5. A statement that the complaining party
has a good-faith belief that use of the
material in the manner complained of is not
authorized by the copyright owner, its
agent, or the law; and
6. A statement that the information in the
notification is accurate, and under penalty
of perjury, that the complaining party is
authorized to act on behalf of the owner of
an exclusive right that is allegedly
infringed.
For copyright inquiries under the Digital
Millennium Copyright Act please contact:
For web posting, reprint, transcript or
licensing requests for
TenBiggestMyths.Net material, please
contact
For any questions or requests other than
copyright issues or licensing requests, please
contact
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