Melinda’s Backups™
MEMBERSHIP AGREEMENT
TERMS OF USE
Your use of http://www.melindasbackups.com [herein referred to as "the Web site" or "this Web site"] signifies that you understand and agree to, comply with and be bound by the following Terms of Use and the Privacy Policy governing this Web site. Please review the terms carefully. If you do not agree to these terms, you should not review information or obtain information, goods, products or services from this Web site.
Parties. Throughout this document, we use the pronouns 'us', 'we', 'our' and other similar pronouns to refer to or reference Melinda's Backups™. For the purpose of this Terms of Use document and the Privacy Policy mentioned herein, the words Melinda's Backups™ and all references to the Web site includes its officers, directors, employees, affiliates, and agents. Reference to "Web site" and "Melinda's Backups™" is interchangeable as in all instances herein, reference to one, includes the other.
Consent. When you register for use on this Web site you are affirming that you agree with all terms, policies, and conditions. You are also affirming that you have no objections to the content on this Web site. These terms and conditions apply to any transaction that occurs on or through the Web site or the Melinda's Backups™ Supportive Association.
You enter this Web site of your own free will for entertainment purposes only. [Parents or legal guardians must consent to the Agreement on behalf of any minor members for said minor to utilize the Web site. THE WEB SITE AND MELINDA'S BACKUPS™ WILL NOT BE RESPONSIBLE FOR ANY MINOR WHO ACCESSES THE WEB SITE WITHOUT PARENTAL CONSENT. IT IS THE EXPRESS RESPONSIBILITY OF THE PARENT OR GUARDIAN TO MONITOR A MINOR'S COMPUTER ACTIVITIES AND ANY AND ALL DISCLAIMERS, ETC. SET FORTH IN THIS AGREEMENT SHALL APPLY TO MINORS AS WELL.]
Passwords and Usernames. All passwords and usernames become property of this Web site and must be relinquished by individual users upon termination of site use. Termination may occur voluntarily through revocation of membership, non-renewal if term limits are ever instituted or forcibly through banning by administrators and/or Executive Committee with or without notice. If membership dues are ever instituted, they will be non-refundable.
Acceptance of Agreement. You agree to the terms and conditions outlines in this Terms of Use ("Agreement"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to Melinda's Backups™ and the information, contents, products or service provided by or through Melinda's Backups™ or the Web site and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest Agreement will be posted on the Web site and you should review this Agreement prior to using the Web site.
Copyright, Trademarks. The content, music, layout, design, graphics, digital conversion and other matters related to the Web site and Melinda's Backups™ are protected under applicable copyrights, trademarks and other proprietary rights, and owned by the owners thereof. The copying, redistribution, use or publication by you of any such matters or any part of the Web site except as allowed below, is strictly prohibited. You do not acquire any ownership rights to any content, document or other materials viewed through the Web site. The posting of materials on the Web site by us does not constitute a waiver of any rights in such information and materials. The names of the artists, and other product and company names on the Web site may be trademarks of their respective owners. [This website contains trademarks that are governed by the Lanham Act (15 U.S.C. §§ 1051 - 1127, 1129), and other federal and state laws. Any use of these trademarks without the express written consent of the Web site, Melinda's Backups™ or its administrators is strictly prohibited.]
Any material on this Web site is provided for lawful purposes only.
Limited Right to Use. The listening, viewing, printing or downloading of any content, graphic, form or document from the Web sit grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or archived or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (and even then, not for resale or redistribution).
Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Web site.
Indemnification. You agree to indemnify and hold us and our officers, directors, employees, agents, Melinda Doolittle, our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or your use of the Web site.
Nontransferable. Your right to use the Web site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
Disclaimer: THE CONTENT PROVIDED FROM OR THROUGH THE WEB SITE IS PROVIDED AS-IS WITHOUT ANY REPRESENTATION, GUARANTY OR WARRANTY OF ANY KIND. ALL WARRANTIES, EXPRESS OR IMPLIED, (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED. THE INFORMATION AND SERVICES PROVIDED ON THE WEB SITE MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR DAMAGES. THE DISCLAIMER OF WARRANTY AND NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE WEB SITE AND THE CONTENT CONTAINED HEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH ANY WEB SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limits. You acknowledge that use of the Internet or the Web site is subject to risks. All responsibility or liability for any damages caused by viruses, errors, bugs or anything else contained within the electronic file containing music, a form, document, photo or other information is disclaimed. YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR OWN RISK AND THAT WE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Notwithstanding the foregoing, in the event that any disclaimer or waiver is not given effect, our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods or services.
Message Boards, Chat Rooms, Personal Messages, Other Forms Of Direct Communication Between Users. Users voluntarily decide to post on the Web site. The individual user is responsible for any and all materials they post on the Web site. The user recognizes material posted on the Web site is accessible by other members and general public and user act responsibly when divulging personal information.
The Web site and Melinda's Backups™ are not responsible for materials posted by users on the Web site and do not guarantee monitoring or censoring of any of the communication between members. The Web site/Melinda's Backups™ does retain the right to remove any materials posted on the Web site at any time, without notifying users.
THERE IS NO REPRESENTATION BY THIS WEB SITE AND MELINDA'S BACKUPS™ THAT MELINDA DOOLITTLE, HERSELF, WILL BE ON THE WEB SITE OR IN TOUCH WITH ANY OF ITS MEMBERS AT ANY TIME. THIS IS A SUPPORTIVE ASSOCIATION THAT IS NOT RECOGNIZED OR SPECIFICALLY SANCTIONED BY MELINDA DOOLITTLE AT THIS TIME. ANY AND ALL ACTIONS TAKEN BY THIS WEB SITE AND MELINDA'S BACKUPS™ ARE ON THEIR OWN BEHALF AND NOT AT THE BEHEST OF OR WITH THE APPROVAL, EXPRESS OR IMPLIED, OF MELINDA DOOLITTLE.
Use of Information. So long as our use of information is consistent with our Privacy Policy, we reserve the right to, and you authorize us to, use (and assign these rights) all information regarding the Web site uses by you and all information provided by you.
Collected Information. Users divulge personal information to the Web site when registering for contests, membership and when purchasing merchandise (if offered). Melinda's Backups™ will retain a record of users and their information; however, we will never sell personal user information to third parties. Information database becomes property of Melinda's Backups™. The Web site retains the right to use collected information in the future for mailings, alerts, and other contacts.
IP Addresses. This Web site logs the IP addresses of users visiting the Web site. If users act inappropriately, IP addresses may be used to identify and block unwanted visitors. IP addresses will never be sold to third parties. The record of users IP addresses becomes property of Melinda's Backups™.
Third Party Services. From time to time we may allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants and exercise no control over the Merchants' site. Merchants are responsible for all aspects of order procession, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of a particular Merchant will apply to you while on such Merchant's site. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) the credit card information you supply us is true, correct, and complete, (ii) charges incurred by you will be honored by your credit card company and (iii) you will pay the charges incurred by you at the posted prices, including all applicable taxes.
Links to Other Web Sites. The Web site may contain links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on the Web site does not imply approval or endorsement of the linked web site by us. If you decide to leave the Web site and access these third party sites, you do so at your own risk.
Submissions. All remarks, ideas, graphics or other information submitted by you to us via the Web site will forever become the property of Melinda's Backups™. If for any reason any rights in any such submissions are not assigned, you hereby grant us a perpetual, irrevocable, fully paid up license to use such submissions for any purpose whatsoever including but not limited to promotional purposes. We will not be required to treat any submission as confidential and we will not be liable for any ideas and will not incur any liability as a result of any similarities that may appear in our future products or operations. We will be entitled to use your submissions for any commercial or other purpose whatsoever, including posting on the Web site or other web site, without compensation or credit to you or any other person. You acknowledge that you are responsible for all material you submit and that you, not us, have full responsibility for the message, including the legality, reliability, appropriateness, originality and copyright. You understand that you are responsible for libel, slander or any other tort, for anything you post on our site and agree to indemnify us for all losses and costs arising out of anything you post on our site. We reserve the right to communicate with registered users at various times through e-mail. In addition to any other rights or remedies available to us, and without any liability to any user of the Web site, we in our sole discretion, may terminate or restrict any user's access to the Web site of Melinda's Backups™ at any time and without notice.
Member Conduct. The Web site and Melinda's Backups™ are not responsible for the independent actions of its users. The administrators reserve the right to turn information of questionable nature over to the proper authorities if a questionable situation presents itself. The interpersonal communication tools available for use on this Web site are for entertainment purposes only. The administration recommends users safeguard their personal information when 'conversing' with other users and exercising caution when making any contacts outside of the site. You agree that all private interactions between yourself and other members, merchants or any other person or entity is at your own risk and that we will not be liable to you for any direct, indirect, incidental, special or consequential damage of any kind that may result from such interactions.
Miscellaneous. Any cause of action brought by you against us or our affiliated parties must be instituted within one (1) year after the cause of action arises or be deemed forever waived and barred. All actions shall be subject to the limitations set forth herein. The language in this Agreement shall be interpreted as to its fair meaning and strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with Melinda's Backups™ is in conflict or inconsistent with this Agreement, the terms and conditions of this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provisions nor of the right to enforce such provision.
Established: 8/07