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Terms for the My Little Mole Review Site
For usage terms of the MLM toolbar see the Terms page.
By using the review site section or leaving a review you agree to the following terms.
MyLittleMole.com does not warrant that reviews, ratings, descriptions, commentary or any other content of the MyLittleMole.com site, regardless of its source, is accurate, complete, reliable, current or error-free. MyLittleMole.com is provided for informational purposes only and does not constitute an endorsement by MyLittleMole.com of any website, merchant, seller or service. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss. MyLittleMole.com assumes no liability for inaccuracy or incompleteness in its content, user ratings or other content on the MyLittleMole.com site.
Consumer reviews and ratings on the MyLittleMole.com Site are from our toolbar users who have elected to post a review or rating on the MyLittleMole.com Site. These reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a merchant or other party in any given transaction. It is possible for dishonest websites to give themselves false positive reviews or to instruct their employees to do so on behalf of the site.
Participating advertisers and other third parties may pay MyLittleMole.com to be presented on the MyLittleMole.com Site or to have their product or service offerings placed conspicuously, and may also purchase research from MyLittleMole.com, but in no event do such payments affect the reviews or ratings given to any merchant by participating members.
MyLittleMole.com does reserve the right to edit ratings for offensive or otherwise inappropriate listings and may edit or delete comments which have no meaning, are unintelligible, or otherwise do not contribute to the overall review process.
You may download, view and print a single copy of any content, solely for your personal and non-commercial purposes, subject to the restrictions set forth in this Agreement. All right, title, and interest in and to the MyLittleMole.com Site, and any other content appearing on the MyLittleMole.com Site, will remain the exclusive property of MyLittleMole.com and its licensors. Except as expressly permitted in this Agreement, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the MyLittleMole.com Site, or any other content appearing on the MyLittleMole.com Site. You may not copy or modify the HTML code used to generate web pages on the MyLittleMole.com Site. You may not use the MyLittleMole.com Site, or any other content appearing on the MyLittleMole.com Site, on or in connection with any other website, for any purpose without express written permission from MyLittleMole.com authorized personnel..
Content Submission. By contributing or submitting any content to the MyLittleMole.com Site, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant MyLittleMole.com a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of MyLittleMole.com, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. MyLittleMole.com reserves the right to change, condense or delete any content on the MyLittleMole.com Site that MyLittleMole.com deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post any information:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references addresses, email addresses, contact information or phone numbers or any other information that would be considered private;
- or any links to websites or any type of advertisement meant to sell a product or direct a person to another website;
- or that contains any computer viruses, worms or other potentially damaging computer programs or files.
In addition, you agree to comply with the MLMROTI , which are deemed to be incorporated into this Agreement.
You authorize MyLittleMole.com to reproduce, publish and distribute all or portions of your content online and offline and permit others to do the same. You can not edit or remove your content from the MyLittleMole.com Site at any time.
We ask that you refer or provide links to MyLittleMole.com if you choose to republish your content elsewhere, although this is not mandatory.
Copyrights. All content available on the MyLittleMole.com Site, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by MyLittleMole.com with all rights reserved, or is the property of MyLittleMole.com or third parties protected by intellectual property rights.
MyLittleMole is a registered trademark and may not be used in connection with any product or service that is not provided by the MyLittleMole.com Site, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits MyLittleMole.com.
If you believe content on the MyLittleMole.com Site infringes your copyright, you should send notice of copyright infringement to MyLittleMole.com's Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:
- An identification of the copyrighted work claimed to have been infringed
- An identification of the material that you claim is infringing so that we may locate it on the site
- 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
- A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved
- Your signature (or digital signature equivalent)
See the contact page to contact us.
Upon receipt of notice as described above, MyLittleMole.com will take whatever action, in its sole discretion, it deems appropriate, including possible removal of the challenged content from the MyLittleMole.com Site.
Trademarks. MyLittleMole.com is not in a position to arbitrate trademark disputes between the advertisers on the MyLittleMole.com Site and trademark owners. Accordingly, we encourage trademark owners to resolve their disputes directly with the advertisers, particularly because the advertisers may have similar advertisements on other sites. Similarly, MyLittleMole.com does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via the MyLittleMole.com Site, and trademark owners should contact third party sites directly to resolve trademark disputes.
As a courtesy to federally registered trademark owners, however, we are willing to perform a limited investigation of reasonable complaints.
If you are an owner of a registered trademark (or represent an owner of a registered trademark) and have an objection to content corresponding to your trademark on the MyLittleMole.com Site that is consistent with the foregoing, or you believe that we have improperly used your registered trademark to promote the MyLittleMole.com Site on a third party website, please provide the following information in a signed letter on company stationery.
Negative reviews that contain references to a trademark or company name are NOT considered infringement and will not be removed simply because of their negative nature.
Release. Because we are a venue, in the event that you have a dispute with one or more users of the MyLittleMole.com Site, you, on behalf of yourself (and any of your officers, directors, employees, agents, predecessors, successors and assigns), hereby irrevocably, release and discharge MyLittleMole.com, our officers, directors, employees, attorneys, predecessors, successors, assigns and agents from, against and in respect of all past, present and future claims, rights, actions, causes of action, suits, indemnification obligations, losses, liabilities, matters, issues, cost, and expenses, of any kind or nature whatsoever, including without limitation court costs and attorneys' fees, whether known or unknown, concealed or hidden, fixed or contingent, suspected or unsuspected, in law or in equity concerning, related to, or arising out of any such disputes. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of §1542 of the California Civil Code, which provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. In addition, you hereby knowingly and voluntarily waive any protection that may exist under any comparable or similar statutes and/or principles of common law applicable in states other than California as it pertains to the enforcement of the release in this section.
Liability Limits. MyLittleMole.com. AND ITS OWNERS, SUPPLIERS OR ADVERTISERS SHALL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH MyLittleMole.com AND ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, OUR SERVICES OR THIS AGREEMENT. OTHER THAN WITH RESPECT TO EROYALTIES, WE AND OUR SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR MORE THAN $100.
CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Governing Law/Arbitration. By using this software or website you agree that any disputes are to be governed by California law as such laws apply to Agreements entered into and to be performed entirely within California between California residents in the juristiction of Ventura County and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or the MyLittleMole.com Site shall be settled by binding arbitration in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Each of us may conduct discovery per California CCPA §1283.05 and §1283.1. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by California law. However, (a) each of us may seek interim relief from a court to protect the party's rights or property while arbitration is pending, and (b) at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property.
Disclaimer of Warranties. THE MyLittleMole.com Site AND ITS SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PA RTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not promise or warrant that any aspect of the site or system will work properly or will be continuously available. The MyLittleMole.com Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants or advertisers found on the MyLittleMole.com Site, including payment and delivery of related goods or service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You agree not to hold MyLittleMole.com liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the MyLittleMole.com Site. In addition, MyLittleMole.com does not endorse, warrant or guarantee the products or services of any seller, lender or broker, including any rates, points and loan programs posted by sellers, lenders or brokers. Nothing on the MyLittleMole.com Site constitutes an advertisement for credit as defined by Paragraph 226.24 of Regulation Z of the federal Truth in Lending Act.
Assignment. You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by MyLittleMole.com, in its sole discretion, to a third party. You may not assign your obligations to another entity.
General. This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with the MyLittleMole.com Site. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by MyLittleMole.com. |
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