YOU AND YOUHAVEGOTTOBEKIDDING.COM, OWNED AND
OPERATED BY YOU HAVE GOT TO BE KIDDING INCORPORATED
(THE "COMPANY", “WE” OR
“US”) AGREE THAT YOUR ACCESS TO AND
USE OF THE YOUHAVEGOTTOBEKIDDING.COM WEB SITE
(THE “SITE”), IS SUBJECT TO YOUR AGREEMENT
TO THE TERMS AND CONDITIONS LISTED BELOW, WHICH
WILL BECOME A BINDING AGREEMENT BETWEEN YOU AND
THE COMPANY (THE "AGREEMENT"). THE COMPANY
IS WILLING TO ALLOW YOU ACCESS TO THE WEB SITE
ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF
THE TERMS OF THIS AGREEMENT. PLEASE READ THESE
TERMS CAREFULLY. BY USING THE SITE AND/OR THE
SERVICES OFFERED BY THE SITE, YOU AGREE TO BE
BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO
NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE
DO NOT REGISTER FOR OR USE THE SITE OR THE SERVICES.
1. REGISTRATION. In order to gain access and utilize
certain portions of the Site, You will need to
register as a user. Either You or the Company
may terminate Your user registration and your
access to the Site at any time. Upon termination
of Your registration as a “user”,
You will no longer be allowed access and use the
services provided by the Site that require registration
(the “Services”). You represent that
all information You provide during the registration
process and at any time thereafter ("Registration
Information") will be true, accurate, complete,
and current and that You will promptly update
Your Registration Information as necessary such
that it is, at all times, true, accurate, complete,
and current. The Company may use all Registration
Information, subject to Company’s compliance
with the Company Privacy Policy that can be found
at [insert link to Privacy Policy] (the “Privacy
Policy”). These Terms and Conditions include
terms and conditions set forth in the Privacy
Policy. By indicating Your agreement to these
Terms and Conditions, You are consenting to have
Your personal information used by the Company
as set forth in the Privacy Policy.
2. USER NAME AND PASSWORD. As part of the registration
process, You will be asked to select a username
and password. We may refuse to grant any username
that impersonates someone else, is or may be illegal,
is or may be protected by trademark or other proprietary
rights law, is overly vulgar or otherwise offensive,
or may cause confusion, as we determine in our
sole discretion. You are responsible for the confidentiality
and use of Your username and password and agree
not to transfer or resell Your use of or access
to the Site to any third party. If You have reason
to believe that Your account is no longer secure,
You must promptly change Your password by updating
Your account information and immediately notifying
us by email. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING
THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD
AND FOR ANY AND ALL ACTIVITIES THAT RESULT FROM
USE OF YOUR USERNAME AND PASSWORD.
3. AGE RESTRICTIONS. You represent and warrant
that You are at least 18 years old. By using this
Site, You represent and warrant that You have
the right, authority and capacity to enter into
these Terms and Conditions and to abide by these
Terms and Conditions.
4. TERM AND TERMINATION: These Terms and Conditions
will remain in full force and effect at all times.
Either You or We may terminate Your registration
with the Site by removing Your profile, at any
time, for any reason, with or without explanation,
effective upon sending written or email notice
to the other party. Even after registration is
terminated, these Terms and Conditions will remain
in effect.
5. PUBLISHING OF CONTENT. You hereby acknowledge
and agree that You are solely responsible for
all materials that You publish or display (hereinafter,
"post") on the Site, including without
limitation, information, code, data, text, sound,
links, photographs, pictures, graphics, video,
chat, and messages ("Content"). You
represent and warrant that You have all legal
rights necessary to post any Content on the Site
or that You own such Content. You hereby acknowledge
and agree that Company shall, at all times, possess
the right to refuse to include and/or to cause
the removal of any or all of Your Content for
any reason and at its sole discretion.
6. LICENSE TO CONTENT. By posting Content on the
Site, You automatically hereby grant, and You
represent and warrant that You have the right
to grant, to us and third parties, free of charge,
an irrevocable, perpetual, non-exclusive, royalty-free,
fully-paid, worldwide license to use, copy, perform,
display, promote, publish and distribute such
Content and to prepare derivative works of, or
incorporate into other works, such information
and content, and to grant and authorize sub-licenses
of the foregoing.
7. USE OF OTHER USERS' CONTENT. Other users of
the Site may post copyrighted information, which
has copyright protection, whether or not it is
identified as copyrighted. Except for that information
which is in the public domain or for which You
have been given express written permission, You
will not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary
information.
8. USE OF WEB SITE.
A. You will use the Site and Services in a manner
consistent with any and all applicable laws and
regulations. You will not include in Your profile
any telephone numbers, street addresses, last
names, URL's or email addresses, other than where
You are specifically asked for such information.
You will not engage in advertising to, or solicitation
of, other users to buy or sell any products or
services through the Site. You will not transmit
any chain letters or junk email to other users.
You are solely responsible for Your interactions
with other members. We reserve the right, but
have no obligation, to monitor and/or mediate
disputes between You and other members.
B. You are solely responsible for the Content
You post on the Site, or transmit to other members.
You will not post on the Site, or transmit to
other members or to Us or Our employees, any defamatory,
inaccurate, abusive, obscene, profane, offensive,
sexually oriented, threatening, harassing, racially
offensive, or illegal material, or any material
that infringes or violates another party's rights
(including, but not limited to, intellectual property
rights, and rights of privacy and publicity).
You will not include in Your profile any offensive
anatomical or sexual references, or offensive
sexually suggestive or connotative language, and
You will not post any photos containing nudity.
We reserve the right, but We have no obligation,
to reject any profile that does not comply with
the prohibitions set forth in this section.
C. You agree that you will not post Content that:
(i) identifies an individual’s name, the
name of the business or (ii) includes information
that could be used to identify a persons name
or the name of a business.
D. Email communications sent from Us or through
Us are designed to make Your online experience
enjoyable. By becoming a member, You specifically
agree to accept and consent to receiving email
communications initiated from Us or through Us
including, without limitation: message notification
emails, emails informing You about events We organize,
emails informing You of promotions We run and
emails informing You of changes to the Service.
Should You not wish to receive any of Our email
communications, please do not register with Us
for the Service.
E. You agree that We have no responsibility or
liability for the deletion, corruption or failure
to store any messages or other content maintained
or transmitted using the Site. You acknowledge
that features, parameters or other services We
provide may change at any time. You acknowledge
that We reserve the right to sign out, terminate,
delete or purge Your account from the Site if
it is inactive. "Inactive" means that
You have not signed in to the Service for a particular
period of time, as determined by Us, in Our sole
discretion.
The following is a partial, but not exhaustive,
list of the types of actions that are illegal
or prohibited under these Terms and Conditions:
(i) You will not impersonate any person or entity.
(ii) You will not "stalk" or otherwise
harass any person.
(iii) You will not express or imply that any
statements You make are endorsed by Us, without
Our specific prior written consent.
(iv) You will not use any robot, spider, site
search/retrieval application, or other manual
or automatic device or process to retrieve, index,
"data mine," or, in any way reproduce
or circumvent the navigational structure or presentation
of the Site or its contents.
(v) You will not post, distribute or reproduce,
in any way, any copyrighted material, trademarks,
or other proprietary information without obtaining
the prior consent of the owner of such proprietary
rights.
(vi) You will not remove any copyright, trademark
or other proprietary rights notices contained
in the Site.
(vii) You will not interfere with or disrupt
any Service or any site, servers or networks connected
to Site.
(viii) You will not post, email or otherwise
transmit 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) You will not forge headers or otherwise
manipulate identifiers in order to disguise the
origin of any information transmitted through
the Service.
(x) You will not "frame" or "mirror"
any part of the Site without Our specific prior
written consent.
(xi) You will not use meta tags or code or other
devices containing any reference to Us or the
Site in order to direct any person to any other
web site for any purpose.
(xii) You will not modify, adapt, sublicense,
translate, sell, reverse engineer, decipher, decompile
or otherwise disassemble any portion of the Site.
(xiii) You will not use the Services for commercial
purposes.
(xiv) You will not "stalk" or otherwise
harass another.
9. LINKS TO OTHER WEB SITES. The Site contains
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 or through the Site or the Services
does not imply approval or endorsement of the
linked web site by us. If You decide to leave
the Site and access these third-party sites, You
do so at Your own risk.
10. LIMITATION OF LIABILITY. IN NO EVENT WILL
THE COMPANY BE LIABLE TO YOU OR ANY THIRD PERSON
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES
FOR ANY LOST PROFITS OR LOST DATA ARISING FROM
YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN
IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE
COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO TEN DOLLARS ($10).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS
OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
11 INDEMNITY. You agree to indemnify and hold
the Company and its directors, officers, agents,
contractors, partners and employees, harmless
from and against any loss, liability, claim, or
demand, including reasonable attorneys' fees,
arising out of any claim, action, investigation
or proceeding made or instituted by any third
party due to or arising out of: (i) Your breach
of any representations or warranties made by You
hereunder or Your breach of any term of these
Terms and Conditions; (ii) Your use of the Services;
or (iii) or Your violation of any law or the rights
of a third party. You hereby agree not to sue,
assist in or be a voluntary party to assist in
or be a voluntary party to, except as required
by law, any action, suit, or proceeding against
the Company for any claims, actions, suits, damages,
liability, losses or expenses of whatever kind
or however arising out of or relating to Your
use of the Site or the Services.
12. USE OF SITE CONTENT. All Content on the Site,
is the proprietary property of the Company or
its licensors (including Site users). Subject
to the terms of these Terms and Conditions, no
Content may be modified, copied, distributed,
framed, reproduced, republished, downloaded, displayed,
posted, transmitted, or sold in any form or by
any means, in whole or in part, without the prior
written permission of the Company or the owner
of the Content. Except as otherwise set forth
in these Terms and Conditions, any use of the
Content is strictly prohibited. All trademarks,
logos, trade dress and service marks on the Site
are trademarks or registered trademarks of the
Company or its licensors and may not be copied,
imitated, or used, in whole or in part, without
the prior written permission of the Company.
13. DISCLAIMER OF WARRANTIES. The Company is not
responsible for any incorrect or inaccurate Content
published on the Site or in connection with the
Services, including Content published by users
of the Site or the Services. The Company is not
responsible for the conduct, whether online or
offline, of any user of the Site. The Site and
the Services may be temporarily unavailable from
time to time for maintenance or other reasons.
The Company assumes no responsibility for any
error, omission, interruption, deletion, defect,
delay in operation or transmission, communications
line failure, theft or destruction or unauthorized
access to, or alteration of, the Site or the Services.
The Company is not responsible for any problems
or technical malfunction of any telephone network
or lines, computer online systems, servers or
providers, computer equipment or software, or
the failure of email on account of technical problems
or traffic congestion on the Internet or at any
web site, including injury or damage to any person's
computer related to or resulting from participating
or downloading materials in connection with the
Site or the Services. Under no circumstances will
the Company be responsible for any loss or damage,
including personal injury or death, resulting
from anyone's use of the Services, the Site or
any Content published on the Site. THE WEB SITE,
THE SERVICES AND THE CONTENT ARE PROVIDED "AS-IS"
AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE
ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE
AND/OR THE SERVICES.
14. GOVERNING LAW. These Terms and Conditions
shall be governed by and construed in accordance
with the laws of the State of North Carolina,
U.S.A., without reference to conflicts of laws
provisions and, as to matters affecting copyrights,
trademarks and patents, by U.S. federal law. Any
dispute or claim arising out of, or in connection
with, these Terms and Conditions shall be finally
settled by binding arbitration in Raleigh, North
Carolina, in accordance with the then-current
rules and procedures of the American Arbitration
Association by one (1) arbitrator appointed by
the American Arbitration Association. The arbitrator
shall apply the law of the State of North Carolina,
without reference to rules of conflict of law
or statutory rules of arbitration, to the merits
of any dispute or claim. Judgment on the award
rendered by the arbitrator may be confirmed, reduced
to judgment and entered in any court of competent
jurisdiction. You agree that, any provision of
applicable law notwithstanding, the arbitrator
shall have the authority to award the prevailing
party its costs and reasonable attorneys’
fees. In the event that the above arbitration
provision is held invalid or unenforceable, then
any dispute with respect to these Terms and Conditions
shall be brought and heard either in the North
Carolina state courts located in Wake County,
North Carolina, or the federal district court
for the Eastern District of North Carolina located
in Raleigh, North Carolina. In such event, You
consent to the in personam jurisdiction and venue
of such courts. You agree that service of process
upon You in any such action may be made if delivered
in person, by courier service, by telegram, by
telefacsimile or by first class mail, and shall
be deemed effectively given upon receipt.
15. MISCELLANEOUS. These Terms and Conditions
set forth the entire agreement between You and
the Company pertaining Your use of the Site and
the Services. We reserve the right, at our sole
discretion, to change, modify, add, or delete
portions these Terms and Conditions at any time
without further notice. If we do this, we will
post the changes to these Terms and Conditions
on this page and will indicate at the top of this
page the new effective date. Your continued use
of the Services or the Site after any such changes
constitutes Your acceptance of the revised Agreement.
If You do not agree to abide by these Terms and
Conditions or any future revised Agreement, do
not use or access the Services or the Site. It
is Your responsibility to regularly review these
Terms and Conditions. If any provision of these
Terms and Conditions is held invalid or unenforceable,
such provision shall be revised to the extent
necessary to cure the invalidity or unenforceability,
and the remainder of these Terms and Conditions
shall continue in full force and effect. The Company's
failure to exercise any right or provision of
these Terms and Conditions shall not constitute
a waiver of such right or provision.
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