UPDATED: October 29, 2011
Domain Jr, Inc. ("DomainJr") welcomes you. DomainJr provides online services through our web sites HouseMusicLinks.com ("the HouseMusicLinks site"), MyHumor.com ("the MyHumor site"), and CrazyFunny.com ("the CrazyFunny site"), collectively known as "the DomainJr Sites".
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the DomainJr Sites. By using the DomainJr Sites, you agree to be bound by this Agreement, whether you are a "visitor", which means that you are simply viewing one of the DomainJr Sites with an internet browser or other software, or you are a "member", meaning you have registered with DomainJr for one or more of the DomainJr Sites. The term "user" shall refer to both visitors and members. You are only authorized to use the DomainJr Sites, whether such use is intentional or not, if you agree to abide by this Agreement, and all other applicable laws. Please read this agreement carefully and save it. If you do not agree with it, you should leave the DomainJr Sites immediately, and discontinue use of the DomainJr Sites. If you wish to become a member, communicate with other members, and make use of the DomainJr Sites, you must read this Agreement, and indicate that you have read it and accepted its terms during the registration process.
DomainJr may modify this Agreement from time to time and such modification shall be effective upon posting on the DomainJr Sites. You agree to be bound to any changes to this Agreement when you use the DomainJr Sites after any such modification is posted. It is important that you review this Agreement regularly to ensure you are aware of any changes.
DomainJr provides users with access to a rich collection of resources, including various communications tools, forums, search services and personalized content through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the DomainJr Sites may include certain communications from DomainJr, such as service announcements, administrative messages and the DomainJr Newsletter, and that these communications are considered part of DomainJr membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new DomainJr properties, shall be subject to this Agreement. You understand and agree that the DomainJr Sites is provided "AS-IS" and that DomainJr assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the DomainJr Sites, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the DomainJr Sites.
The DomainJr Sites and any related software are protected by copyright, trademark, and other laws and international treaties. Except as described in Section 23, all intellectual property rights such as but not limited to patents, trademarks or copyrights related to the DomainJr Sites are the property of DomainJr. You agree that your use of the DomainJr Sites is through a limited nonexclusive license. DomainJr is and remains the owner of all titles, rights, and interests in the DomainJr Sites. You acknowledge and agree that you shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works there from. You acknowledge and agree that you are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon, contained within, or used in relation to the DomainJr Sites.
Registration Data and certain other information about you is subject to our Privacy Policy. By using the DomainJr Sites, you are representing that you have read that Privacy Policy and that you have accepted its terms. You understand that through your use of the DomainJr Sites you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by DomainJr, its affiliates and under certain circumstances, commercial partners. The DomainJr Privacy Policy, as available at the DomainJr Sites, is incorporated into this agreement by reference.
DomainJr may modify this Agreement from time to time and such modification shall be effective upon posting on the DomainJr Sites. You agree to be bound to any changes to this Agreement when you use the DomainJr Sites after any such modification is posted. It is important that you review this Agreement regularly to ensure you are aware of any changes.
You will receive a password and account designation upon completing the DomainJr Sites's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DomainJr of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DomainJr cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. DomainJr may charge a fee for membership in or access to any of the DomainJr sites as it deems appropriate. Such fee shall be non-refundable.
You understand that you will use only a reasonable amount of bandwidth, that is, that you are responsible for ensuring that the amount of data transmitted between third-parties and DomainJr for the purposes of viewing content that you control will remain within a reasonable limit. DomainJr will set that limit at its sole discretion. DomainJr take any remedies to cure use of an unreasonable amount of bandwidth, including, but not limited to, removing access to content causing unreasonable bandwidth usage, either temporarily or permanently; temporarily or permanently suspending your member account; or terminating this agreement.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such content originated. This means that you, and not DomainJr, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the DomainJr Sites. DomainJr does not control the content posted via the DomainJr Sites and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the DomainJr Sites, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will DomainJr be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the DomainJr Sites. You agree to not use the DomainJr Sites to:
i. upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. harm minors in any way;
iii. impersonate any person or entity, including, but not limited to, a DomainJr official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the DomainJr Sites;
v. upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
vi. upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
vii. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
viii. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
ix. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the DomainJr Sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
x. interfere with or disrupt the DomainJr Sites or servers or networks connected to the DomainJr Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the DomainJr Sites;
xi. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
xii. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
xiii. "stalk" or otherwise harass another; and/or
xiv. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that DomainJr may or may not pre-screen content, but that DomainJr and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the DomainJr Sites. You acknowledge that the determination regarding any content (and in particular whether such content violates any of the foregoing restrictions) shall be made exclusively by DomainJr, in its sole discretion. Without limiting the foregoing, DomainJr and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by DomainJr or submitted to DomainJr, including without limitation information in DomainJr Message Boards and in all other parts of the DomainJr Sites. You acknowledge, consent and agree that DomainJr may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
i. comply with legal process;
ii. enforce the Agreement;
iii. respond to claims that any content violates the rights of third parties;
iv. respond to your requests for customer service;
v. protect the rights, property or personal safety of DomainJr, its users and the public.
You understand that the technical processing and transmission of the DomainJr Sites, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the DomainJr Sites and software embodied within the DomainJr Sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by DomainJr and/or content providers who provide content to the DomainJr Sites. You may not attempt to override or circumvent any of the usage rules embedded into the DomainJr Sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the DomainJr Sites, in whole or in part, is strictly prohibited.
Recognizing the global nature of the Internet, you agree to comply with all rules regarding online conduct specific to any geographic location in which you use the DomainJr Sites. You also agree to comply with any applicable United States export rules that may govern the geographic location in which you use the DomainJr Sites.
You agree to indemnify and hold harmless DomainJr and its subsidiaries, affiliates, officers, agents, employees, partners, licensors and licensees from any claim or demand, including attorney's fees and costs, made by any third party due to or arising out of your use of the DomainJr Sites, your connection with the DomainJr Sites, or your violation of this Agreement.
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the DomainJr Sites, use of the DomainJr Sites, or access to the DomainJr Sites.
You agree that DomainJr may establish general practices and limits concerning use of the DomainJr Sites, including without limitation
DomainJr reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the DomainJr Sites (or any part thereof) with or without notice. You agree that DomainJr shall not be liable to you or to any third party for any modification, suspension or discontinuance of the DomainJr Sites.
You agree that DomainJr may, under certain circumstances and without prior notice and at DomainJr's sole discretion, immediately terminate your DomainJr account, any associated email address, and access to the DomainJr Sites. Cause for such termination shall include, but not be limited to:
i. breaches or violations of the TOS or other incorporated agreements or guidelines
ii. requests by law enforcement or other government agencies
iii. a request by you (self-initiated account deletions)
iv. discontinuance or material modification to the DomainJr Sites (or any part thereof)
v. unexpected technical or security issues or problems
vi. extended periods of inactivity
vii. engagement by you in fraudulent or illegal activities, or
viii. nonpayment of any fees owed by you in connection with the DomainJr Sites.
Termination of your membership includes:
i. removal of access to all offerings within the DomainJr Sites, including but not limited to DomainJr Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games
ii. deletion of your password and all related information, files and content associated with or inside your account (or any part thereof)
iii. barring of further use of the DomainJr Sites.
Further, you agree that all terminations for cause shall be made in DomainJr's sole discretion and that DomainJr shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the DomainJr Sites.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the DomainJr Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that DomainJr shall not be responsible or 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 advertisers on the DomainJr Sites.
The DomainJr Sites or third parties may provide links to other World Wide Web sites or resources. Because DomainJr has no control over such sites and resources, you agree that DomainJr is not responsible for the availability of such external sites or resources, and you agree that DomainJr does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such other sites or resources. You further agree that DomainJr shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services associated with any such site or resource.
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
You understand and expressly agree that:
i. Your use of the DomainJr Sites is at your sole risk. The DomainJr Sites are provided on an "as is" and "as available" basis. DomainJr and its subsidiaries, affiliates, officers, employees, agents, partners, and licensees disclaim all warranties of any kind, whether express of implied, including, but not limited to, an implied warranty of merchantability, any express or implied warranty of fitness for a particular purpose, and any implied or express warranty of non-infringement.
ii. DomainJr and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors and licensees make no warranty thata. The DomainJr Sites will meet your requirements;
b. Access to the DomainJr Sites will be uninterrupted, timely, secure or error-free
c. The results that may be obtained from use of the DomainJr Sites will be accurate or reliable
d. The quality of any products, services, information or other material you may purchase or obtain through the DomainJr Sites will meet your expectations; or
e. That any errors in any software related to the DomainJr Sites will be corrected.iii. Any material you download or otherwise obtain through use of the DomainJr Sites you access at your sole risk. You agree that you shall be solely responsible for any damage to your computer system or loss of data that results from the download of or accessing of any such material.
iv. No communication between DomainJr and you, or through or from the DomainJr Sites shall create any warranty not expressly created in this Agreement.
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
You expressly understand and agree that DomainJr and its subsidiaries, affiliates, officers, directors, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, loss of use, loss of data or other intangible losses, even if DomainJr has been advised of the possibility of such damages, resulting from:
i. The use or the inability to use the DomainJr Sites;
ii. The cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the DomainJr Sites;
iii. Unauthorized access to or alteration of your transmissions or data;
iv. Any postings or transmissions made by you, the user;
v. Statements or conduct of any third party on the DomainJr Sites; or
vi. Any other matter relating to the DomainJr Sites.
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
Some Jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 18 and 19 may not apply to you.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.
DomainJr may provide you with notices, including those regarding changes to this Agreement, at DomainJr's sole discretion, in any manner DomainJr decides, including, but not limited to, posting to one of the DomainJr Sites, email or regular mail.
If user submits or posts any content, user acknowledges that it owns the copyright rights to such content and user alone shall defend and be responsible for any proceeding regarding the ownership or intellectual property rights of such content. DomainJr does not claim ownership, or any right in, content you submit or make available for inclusion on the DomainJr Sites. However, with respect to such content, you grant DomainJr the following worldwide, royalty-free and non-exclusive license or licenses, as applicable:
i. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the DomainJr Sites, the license to use distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the DomainJr Sites solely for the purpose for which such content was submitted or made available. This license exists only for as long as you elect to continue to include such content on the DomainJr Sites, and will terminate at the time you remove, or DomainJr removes such content from the DomainJr Sites.
ii. With respect all other content, the perpetual, irrevocable and unrestricted license to use, distribute, reproduce, modfy, adapt, publish, ranslate, publicly perform and publicly display such content and to incorporate such content into other works in any format or medium now known or later developed.
For the purposes of this section, "publicly accessible" areas of the DomainJr Sites are those areas of the DomainJr Sites that DomainJr, at its sole discretion, intends to be viewable to visitors as well as to members.
This Agreement constitutes the entire agreement between you and DomainJr and governs your use of the DomainJr Sites, superseding any prior agreements between you and DomainJr with respect to the DomainJr Sites. No agreement other than this shall govern your use of the DomainJr Sites, unless it is incorporated herein. The DomainJr privacy policy is incorporated herein in http://www.HouseMusicLinks.com/privacy.html. There shall be no modification or amendment to this agreement except in writing at the sole discretion of DomainJr. You agree that posting of a modification or amendment to this agreement to any of the DomainJr Sites named in this agreement shall constitute acceptable notice such modification or amendment.
The Agreement, and the relationship between you and DomainJr shall be governed by the laws of the Florida without regard to its Conflict of Laws provisions, and without regard to your domicile or physical location. You and DomainJr agree to submit to the exclusive personal jurisdiction of Miami, Florida either in the State or Federal courts with jurisdiction thereof. You and DomainJr agree that proper venue for any claims arising out of or related to this Agreement shall be county of Dade, Miami Florida.
The failure of DomainJr to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, you and DomainJr nonetheless agree that the court should endeavor to give full effect to the parties' intentions as reflected in the provision, and you and DomainJr agree that other provisions of the Agreement remain in full effect.
You agree that your right to access the DomainJr Sites through a membership is non-transferable and any rights to your membership or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents permanently deleted.
You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of the DomainJr services, or this Agreement must be filed within one year after such claim or cause of action arises or be forever barred.
The section headers are a convenience only and have no legal effect.
