
Genorous, INC (“tru-you” or “itstrueyou”) operates Itstruyou.com, which is a social networking service that allows Members to create video-based personal profiles online in order to find and communicate new friends and/or old friends. The services offered by Itstruyou include any Itstruyou -branded URL (the " Itstruyou Website"), the Itstruyou instant messaging service, the Itstruyou Vlog service and other features for example the lobby & royal pageant, and any other features, content, or applications offered from time to time by Itstruyou. The Itstruyou Services are hosted in the United States. This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Itstruyou Services. By using the Itstruyou Services, you agree to be bound by this Agreement when you become a "Member" (which means that you have registered with Itstruyou). You are only authorized to use the Itstruyou Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Itstruyou Website and discontinue use of the Itstruyou Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Itstruyou Services, you must read this Agreement and indicate your acceptance during the registration process. This Agreement includes Itstruyou’s policy for acceptable use of the Itstruyou Services and Content (as defined in Section 6.1 below) posted on or through the Itstruyou Services and your rights, obligations and restrictions regarding your use of the Itstruyou Services and Content posted on or through Itstruyou.com. In order to participate in certain Itstruyou Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Itstruyou Itstruyou may modify this Agreement from time to time and such modification shall be effective upon posting by Itstruyou on the Itstruyou Website. Your continued use of Itstruyou after Itstruyou posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Please choose carefully the information you post on or through Itstruyou.com and that you provide to other Users. Your Itstruyou profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Itstruyou Members and Itstruyou assumes no responsibility or liability for this material. If you become aware of misuse of the Itstruyou Services by any person, please click on the "Contact us” link at the bottom of the Itstruyou Website pages. Itstruyou reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Itstruyou Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Itstruyou expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Itstruyou Services if Itstruyou determines, in its sole discretion, that you have violated this Agreement or pose a threat to Itstruyou and/or its Users. 1. Eligibility.Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in high school or college. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement. 2. Term.This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Itstruyou Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Itstruyou may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17. 3. Password.When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Itstruyou immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. 4. Use by Members.Itstruyou.com are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Itstruyou. Itstruyou reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Itstruyou Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Itstruyou Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Itstruyou reserves the right to take appropriate legal action for any illegal or unauthorized use of the Itstruyou Services. 5. Proprietary Rights in Content on Itstruyou. 5.aItstruyou does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or throughItstruyou. After posting your Content to Itstruyou, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through Itstruyou, you hereby grant to Itstruyou a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Itstruyou, including without limitation distributing part or all of the MySpace Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Itstruyou Website. This limited license does not grant Itstruyou the right to sell or otherwise distribute your Content outside of Itstruyou. After you remove your Content from the Itstruyou Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Itstruyou Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Itstruyou Website as soon as practicable after you make the change. 5.bThe license you grant to Itstruyou is non-exclusive (meaning you are free to license your Content to anyone else in addition to Itstruyou), fully-paid and royalty-free (meaning that Itstruyou is not required to pay you for the use on the Itstruyou Services of the Content that you post), sublicensable (so that Itstruyou is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Itstruyou Services), and worldwide (because the Internet and the Itstruyou Services are global in reach). 5.cYou represent and warrant that: (i) you own the Content posted by you on or through the Itstruyou Services or otherwise have the right to grant the license set forth in this Section 5, and the posting of your Content on or through Itstruyou does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through Itstruyou. 5.dThe Itstruyou Services contain Content of Itstruyou ("Itstruyou Content"). Itstruyou Content is protected by copyright, trademark, patent, trade secret and other laws, and Itstruyou owns and retains all rights in the Itstruyou Content and the Itstruyou Services. Itstruyou hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Itstruyou Content (excluding any software code) solely for your personal use in connection with viewing the Itstruyou Website and using the Itstruyou Services. 5.eThe Itstruyou Services contain Content of Users and other Itstruyou licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through Itstruyou. 5.fItstruyou performs technical functions necessary to offer the Itstruyou Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Itstruyou Services. 6. Content Posted.6.a You are solely responsible for the videos, photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Itstruyou does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. 7. Protecting Copyrights and Other Intellectual Property.Itstruyou respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Itstruyou has the right to terminate the Membership of infringers. If you believe your work has been copied and posted on or through Itstruyou in a way that constitutes copyright infringement, please contact us immediately with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on Itstruyou (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or a uthorized to act on the copyright owner's behalf; and (f) your physical or electronic signature 8. Member Disputes. You are solely responsible for your interactions with other Itstruyou Members. Itstruyou reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members. 9. Privacy. Use of the Itstruyou Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. 10. Disclaimers. The Company is not responsible or liable in any manner for any User Content, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Itstruyou.com, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service. The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. 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, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline. 11. Limitation on Liability.IN NO EVENT SHALL Itstruyou BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE MYSPACE SERVICES, EVEN IF Itstruyou HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Itstruyou’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Itstruyou FOR THE Itstruyou SERVICES DURING THE TERM OF MEMBERSHIP. 12. Indemnity.You agree to indemnify and hold Itstruyou, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Itstruyou in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Itstruyou Services causes Itstruyou to be liable to another. 13. Other.These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. . I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. |