MySpace Guardian

When using MySpace Guardian , you agree to the terms and conditions listed on this page (the "Terms of Service"). In addition, when using particular MySpace Guardian services provided by third parties, you will be subject to any posted guidelines applicable to such services, including any terms or conditions applicable to MySpace Guardian services provided in conjunction with the MySpace Guardian or by third parties. All such rules and guidelines are hereby incorporated by reference into the Terms of Service. If you do not agree to these Terms of Service, please do not use the MySpace Guardian . We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service at any time. Please check these terms periodically for changes. Your continued use of the MySpace Guardian following the posting of changes to these terms will mean you accept those changes.

MySpace Guardian is a multi-purpose tool which allows you to automatically fill in user specific data on web forms, interface with the Skype application and to access streaming video content (collectively the "MySpace Guardian Service"). These Terms of Service apply to the MySpace Guardian as well as any new products or services that we may add in the future (unless stated otherwise).

By using the MySpace Guardian Service, you agree to be legally bound by and to abide by the Terms of Service, just as if you had signed this Agreement. If you do not comply with the Terms of Service at any time, we reserve the right to terminate your access to the MySpace Guardian Service. MySpace Guardian may discontinue or alter any aspect of the MySpace Guardian Service, including, but not limited to, restricting or terminating any user's right to use the MySpace Guardian Service, at our sole discretion and without prior notice or liability.

You acknowledge that the MySpace Guardian Website and Service contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. The MySpace Guardian name and logo are trademarks belonging to us. All other trademarks appearing on the MySpace Guardian Service are trademarks belong to their respective owners.

In the event you download software provided by us, the software, including any files and/or images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

You agree to not use the MySpace Guardian Service to:
a) interfere with or disrupt the MySpace Guardian Service or servers or networks connected to the MySpace Guardian Service;
b) disobey any requirements, procedures, policies or regulations of networks connected to the MySpace Guardian Service;
c) intentionally or unintentionally violate any applicable local, state, national or international law;
d) use the MySpace Guardian Service to collect or store personal data about other users.

The MySpace Guardian Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

We use diligent efforts to maintain this Service, but we are not responsible for any defects or failures associated with the MySpace Guardian Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, we make no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the MySpace Guardian Service, including as to: (i) the accuracy, currency, content, or quality of any such sites and information, or (ii) whether any search using the MySpace Guardian Service may locate unintended and objectionable content.

THE MYSPACE GUARDIAN SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITATION. WE MAKE NO WARRANTY THAT THE MYSPACE GUARDIAN SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE MYSPACE GUARDIAN SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE MYSPACE GUARDIAN SERVICE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MYSPACE GUARDIAN SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM US OR THROUGH THE MYSPACE GUARDIAN SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE MYSPACE GUARDIAN SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE MYSPACE GUARDIAN SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE MYSPACE GUARDIAN SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE MYSPACE GUARDIAN SERVICE.

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 MAY NOT APPLY TO YOU.

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

You agree that we, in our sole discretion, may terminate your use of the MySpace Guardian Service for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. We may also, in our sole discretion and at any time, discontinue providing the MySpace Guardian Service, or any part thereof, with or without notice. You agree that any termination of your access to the MySpace Guardian Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that we may immediately bar any further access to the MySpace Guardian Service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the MySpace Guardian Service.

These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Orange County in the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and MySpace Guardian relating to the subject matter herein and shall not be modified, except in writing, signed by both parties. The Terms of Service will inure to the benefit of our successors, assigns and licensees.

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the MySpace Guardian 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, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Please send this via the "Contact Us" section of the site.