|
|
|
User
Agreement
Note! You are concluding a Legally
Binding Agreement.
By accessing,
viewing, downloading or otherwise using MyITProjects
or any webpage or feature available through MyITProjects,
any information provided as part of the MyITProjects’
services, or any related emails, newsletters or
services (hereinafter collectively “MyITProjects”
or the “Services”), or by clicking “Submit” during
the registration process, you conclude a legally
binding agreement with MyITProjects, 5300 W.
First Street, #26, Santa Ana, California
92703, USA (“we”) based on the terms of this MyITProjects
User Agreement (“Agreement”) and become a MyITProjects
user (“User”). If you are using MyITProjects on
behalf of a company or other legal entity, such
entity may have a separate agreement with us, but
you are nevertheless individually bound by this
Agreement. If you do not want to become a User,
do not conclude the Agreement, do NOT click “Submit”
and do not access, view, download or otherwise
use any MyITProjects webpage, information or services.
We encourage you to read this User Agreement with great care in order to participate
with us as a User in the development of a quality service and first-rate Internet.
By becoming a User, you acknowledge that you have read and understood the terms
and conditions of this User Agreement and that you agree to be bound by all of
its provisions.
1. Your Obligations — What
You Must Do
Comply with
laws and the Agreement: You
must comply with all applicable laws, the Agreement,
as may be amended, and the following terms, which
are incorporated into this Agreement:
- DOs
and DON’Ts
- Notice and
Take-Down Procedure Terms for Complaints re.
Copyright Infringement and Content
- Other Notices
- MyITProjects’
Privacy Policy
License
and warrant your submissions: You
do not have to submit anything to us, but if
you choose to submit something (including any
User generated content, ideas, concepts, techniques
and data), you must grant, and you actually grant
by concluding this Agreement, a nonexclusive,
irrevocable, worldwide, perpetual, unlimited,
assignable, sublicenseable, fully paid up and
royaltyfree right to us to copy, prepare derivative
works of, improve, distribute, publish, remove,
retain, add, and use and commercialize, in any
way now known or in the future discovered, anything
that you submit to us, without any further consent,
notice and/or compensation to you or to any third
parties. By submitting any information to us,
you represent and warrant that such submission
is accurate, is not confidential, and is not
in violation of any contractual restrictions
or other third party rights. You further agree
to inform MyITProjects in the event that any
such information has changed since your registration
with MyITProjects and, if appropriate, you agree
to make such modifications yourself to your profile.
MyITProjects exercises no control over any content
you or others submit while using MyITProjects.
MyITProjects has no obligation to verify the identity
of any Users when they are connected to the site
or to supervise the content which has been provided
by Users. Note that we describe our current practices
related to personally identifiable information
collected through MyITProjects in our Privacy
Policy and that we may update our policies
and practices from time to time at our sole discretion.
Should you believe that someone is misusing or
otherwise appropriating your information, you must
immediately inform MyITProjects.
Prior to joining MyITProjects, you must consider
and decide, yourself, the extent to which you wish
to reveal information about yourself to the large
community of MyITProjects Users and to MyITProjects
and you must not communicate to MyITProjects and
its Users any information the dissemination of
which could be harmful to you.
Service
Eligibility. You
represent and warrant that you (a) are not under
the age of 18; (b) have not previously been suspended
or removed from MyITProjects; (c) are not a direct
competitor of MyITProjects; (d) do not have more
than one MyITProjects account at any given time;
and (e) that you have full power and authority
to enter into this Agreement and in doing so
will not violate any other agreement to which
you are a party. In addition, you must provide
all equipment and software necessary to connect
to MyITProjects, including, but not limited to,
if the Service contains a mobile element, a mobile
hand set or other mobile access device that is
in working order and suitable for use in connection
with the Service and to use any part of the Service.
Keep your
password secure: Keep
your password confidential, do not use other
Users’ accounts and do not let others use your
account; you are responsible for anything that
happens through your account — until you notify
us of a breach (support@MyITProjects),
close down your account or prove that your account
security was compromised due to a fault of our
systems. You are prohibited from selling, trading
or otherwise transferring your MyITProjects account
or any information therein to another party or
charging anyone for access to any portion of
MyITProjects, or any information therein.
Indemnify
us: You
have to indemnify us and hold us harmless from
any damages, losses and costs (including, but
not limited to, reasonable attorneys’ fees) related
to third party claims, charges or investigations,
caused by (a) your failure to comply with this
Agreement, including, without limitation, your
submission of content that violates third party
rights or applicable laws, (b) any content you
submit to MyITProjects or (c) any activity in
which you engage on or through the MyITProjects.
Notify
us of acts contrary to the Agreement: If
you believe that you are entitled or obligated
to act contrary to this Agreement under any mandatory
laws, you agree to provide us with detailed,
30 days prior written notice before you act contrary
to this Agreement, to allow us to assess whether
we may, at our sole discretion, provide an alternative
remedy for the situation.
Mobile
Services: Certain
parts of the Service may be available via your
mobile phone or accessible on your mobile phone
through a downloadable application (“Mobile Services”).
In using Mobile Services, you agree that we may
communicate with you regarding the Service by
SMS, MMS, text message or other electronic means
to your mobile device and that certain information
about your usage of the Mobile Services may be
communicated to us. In addition, use of the Mobile
Services may cause icons and data to be displayed
on and through your mobile device, which data
may be updated on a periodic basis by connecting
to and transferring data from servers through
the Internet and/or communication systems to
provide content updates and to populate your
mobile device with new information. By using
Mobile Services, you hereby explicitly agree
to the foregoing service functionality. In the
event you change or deactivate your mobile telephone
number, you agree to promptly update your MyITProjects
account information to ensure that your messages
are not sent to the person that acquires your
old number. Use of the Mobile Services may result
in charges imposed by your wireless provider
and you will be responsible for such charges.
In addition, downloading, installing, or using
certain Mobile Services may be prohibited or
restricted by your carrier, and not all Mobile
Services may work with all carriers or devices.
Therefore, you should check with your carrier
to find out if the Mobile Services are available
for your mobile devices, and what restrictions,
if any, may be applicable to your use of such
Mobile Services. Finally, by using any downloadable
application to enable your use of the Mobile
Services, you are explicitly confirming your
acceptance of the terms of the mobile End User
License Agreement provided at download.
Forums/Blogs/Chat
Rooms: MyITProjects
may include various forums, blogs and chat rooms
where you can post your observations and comments
on designated topics. MyITProjects cannot guarantee
that other members will not use the ideas and
information that you share. Therefore, if you
have an idea or information that you would like
to keep confidential and/or don’t want others
to use, do not post it on the Service. MYITPROJECTS
AND THE MYITPROJECTS AFFILIATES ARE NOT RESPONSIBLE
FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF
ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS,
BLOGS AND CHAT ROOMS.
Privacy: You
should carefully read our full Privacy
Policy before deciding to become a User of
MyITProjects. Please note that certain information,
statements, data and content (such as photographs)
which you may choose to provide might, or are
likely to, reveal your gender, ethnic origin,
nationality, religion and/or sexual orientation,
and that you are providing all such information,
statements, data and content in full acknowledgment
thereof and under your sole responsibility. By
providing such information to us, all of which
is optional, you are hereby expressly giving
your informed consent to the processing by us
of such “sensitive” data.
Export
Control: Your
use of MyITProjects services, including its software,
is subject to export and reexport control laws
and regulations, including the the Export Administration
Regulations (“EAR”) maintained by the United
States Department of Commerce and sanctions programs
maintained by the Treasury Department's Office
of Foreign Assets Control. You shall not — directly
or indirectly — sell, export, reexport, transfer,
divert, or otherwise dispose of any software
or service to any end-user without obtaining
any required authorizations from the appropriate
government authorities. You also warrant that
you are not prohibited from receiving US origin
products, including services or software.
2. Your Rights
— What You May Do
On the condition
that you comply with all your obligations under
the Agreement, we grant you a limited, revocable,
nonexclusive, nonassignable, nonsublicenseable
right to access, through a generally available
web browser (but not any scraping, spidering, crawling
or other technology or specialist software used
to harvest data) to view information that we provide
on MyITProjects webpages as we intend such information
to be used, and only in accordance with the Agreement
and any specific terms of use that we make available
to you. You may submit information to us at your
own risk of loss per Sections 1, 4 and 8 hereof.
We grant you no other rights, implied or otherwise.
3. Our Rights
and Obligations — What We Must And May Do
The purpose of MyITProjects
is to provide a service to facilitate an online
forum in which members can post reviews on Information
Technology related products and services. Members
can also post questions and submit answers to questions
posted by other members.
For as long as MyITProjects continues to offer
services, MyITProjects shall provide (and seek
to update, improve and expand, in similar and different
new ways) the MyITProjects platform and service
with the purpose of providing all members with
the online forum, through MyITProjects’s proprietary
tools, rules and protocols which MyITProjects may
update, improve, discontinue and change at any
time, at MyITProjects’s sole discretion.
Any other use of MyITProjects such as a means of
generating revenue through the sale of contacts
or information to others is strictly prohibited
and is a violation of this Agreement.
We allow you to access MyITProjects as it may exist
and be available on any given day. We have no other
obligations, except as expressly stated in this
Agreement. We may modify, replace, refuse access
to, suspend or discontinue MyITProjects, partially
or entirely, or to charge and modify prices for
MyITProjects. All of these changes shall be effective
upon their posting on our site or by email communication
to you. We reserve all rights not expressly granted
herein, including, without limitation, title, ownership,
intellectual property rights, and all other rights
and interest in MyITProjects and all related items.
MyITProjects reserves the right to withhold, remove
and or discard any content available as part of
your account, with or without notice. For avoidance
of doubt, MyITProjects has no obligation to store,
maintain or provide you a copy of any content that
you or other Users provide when using the Services.
MyITProjects may include or automatically produce
links to third party web sites (“Third Party Sites”).
MyITProjects is not responsible for and does not
endorse any advertising, products or other materials
on or available from such web sites or resources.
MyITProjects may also include articles, photographs,
text, graphics, pictures, designs, music, sound,
video, information, applications, software and
other content or items belonging to or originating
from third parties (the "Third Party Applications,
Software or Content"). If you decide to leave
MyITProjects and access the Third Party Sites or
to use or install any Third Party Applications,
Software or Content, you do so at your own risk
and you should be aware that our terms and policies
no longer govern. You should review the applicable
terms and policies, including privacy and data
gathering practices, of any site to which you navigate
from MyITProjects or relating to any applications
you use or install from the site.
MyITProjects enables certain third-party developers
(“Platform Developers”) to create websites and
applications that retrieve data made available
by MyITProjects and its users and/or that retrieve
authorized data from third-party sites for use
through the Service (“Platform Applications”).
Platform Developers may require you to agree to
their own terms of service, privacy policies and/or
other policies as a condition of using their respective
Platform Applications. For a more detailed discussion
of Platform Developers, please refer to MyITProjects’ Privacy
Policy.
You acknowledge and agree that we may send you
important information and notices regarding the
Service by email or through other means, including
mobile or other hand held devices. You acknowledge
and agree that we shall have no liability associated
with or arising from your failure to maintain accurate
contact or other information, including, but not
limited to, your failure to receive critical information
about the Service. You acknowledge, consent and
agree that we may access, preserve, and disclose
your registration and any other information you
provide if required to do so by law or in a good
faith belief that such access preservation or disclosure
is reasonably necessary to: (a) comply with legal
process; (b) enforce this Agreement; (c) respond
to claims of a violation of the rights of third-parties;
(d) respond to your requests for customer service;
or (e) protect the rights, property, or personal
safety of MyITProjects, the MyITProjects Affiliates,
its Users and the public.
You are solely responsible for your interactions
with other members. MyITProjects reserves the right,
but has no obligation, to monitor disputes between
you and other members and to terminate your account
if MyITProjects determines, in its sole discretion,
that doing so is prudent.
4. Disclaimer
SOME COUNTRIES
AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER
OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS
AND AS A RESULT THE CONTENTS OF THIS SECTION
MAY NOT APPLY TO YOU.
DO NOT
RELY ON MYITPROJECTS, ANY INFORMATION THEREIN,
OR ITS CONTINUATION. WE PROVIDE THE PLATFORM
FOR MYITPROJECTS AND ALL INFORMATION AND SERVICES
ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE
DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES
AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IF YOU ARE DISSATISFIED OR HARMED BY MYITPROJECTS
OR ANYTHING RELATED TO MYITPROJECTS, YOU
MAY LEAVE MYITPROJECTS AND TERMINATE THE
AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF
AND SUCH TERMINATION SHALL BE YOUR SOLE AND
EXCLUSIVE REMEDY.
MYITPROJECTS IS NOT RESPONSIBLE, AND MAKES
NO REPRESENTATIONS OR WARRANTIES FOR THE
DELIVERY OF ANY MESSAGES (SUCH AS POSTING
OF ANSWERS OR TRANSMISSION OF ANY OTHER USER
GENERATED CONTENT) SENT THROUGH MYITPROJECTS
TO ANYONE. IN ADDITION, WE NEITHER WARRANT
NOR REPRESENT THAT YOUR USE OF THE SERVICE
WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED
OR USED ON THE WEBSITE MAY BE SUBJECT TO
INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD
PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL,
SERVICE, OR TECHNOLOGY.
MYITPROJECTS DOES NOT HAVE ANY OBLIGATION
TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING
TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION
TO MONITOR THE USE OF ITS SERVICES BY OTHER
USERS OF THE COMMUNITY ; THEREFORE, MYITPROJECTS
DECLINES ALL LIABILITY FOR IDENTITY THEFT
OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
MYITPROJECTS DOES NOT GUARANTEE THAT THE
SERVICES WHICH IT PROVIDES WILL FUNCTION
WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING.
IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY
INTERRUPTED DUE TO MAINTENANCE, UPDATES,
OR TECHNICAL IMPROVEMENTS. MYITPROJECTS DISCLAIMS
ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH
INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE,
MYITPROJECTS DISCLAIMS ALL LIABILITY FOR
ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS,
OR POOR USE CONDITIONS OF THE MYITPROJECTS
SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES
LINKED TO THE INTERNET SERVICE PROVIDER,
TO THE SATURATION OF THE INTERNET NETWORK,
AND FOR ANY OTHER REASON UNRELATED TO MYITPROJECTS.
5. Limitation
of Liability
SOME COUNTRIES
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE
CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither
MyITProjects nor any of its subsidiaries, affiliated
companies, employees, shareholders, or directors
(“MyITProjects Affiliates”) shall be liable
for any special, incidental, indirect, punitive
or consequential damages or loss of use, profit,
revenue or data to you or any third person
arising from your use of the Service, any platform
applications or any of the content or other
materials on, accessed through or downloaded
from MyITProjects even if MyITProjects is aware
or has been advised of the possibility of such
damages. The limitation of liability set forth
in the preceding sentence shall:
- apply regardless
of whether you base your claim on contract,
tort, statute or any other legal theory, we
knew or should have known about the possibility
of such damages, or the limited remedies provided
herein fail of their essential purpose, and
- not apply to
any damage that MyITProjects Affiliates cause
you intentionally and knowingly in violation
of this Agreement or applicable law, or as
otherwise mandated by applicable law that cannot
be derogated from in this Agreement.
6. Termination
You may terminate this Agreement, for any or no
cause, at any time, with notice to MyITProjects
which shall be effective upon MyITProjects processing
such notice. MyITProjects may terminate the Agreement
for any or no cause, at any time, with or without
notice, which shall be effective immediately or
as may be specified in the notice. For avoidance
of doubt, your access to any Premium Services may
be terminated only by MyITProjects or the party
paying for such services. Termination of your MyITProjects
account includes disabling your access to MyITProjects
(including any content you submitted or others
submitted) and may also bar you from any future
use of MyITProjects.
In furtherance and without limiting the foregoing,
MyITProjects has adopted a policy of terminating,
in appropriate circumstances and at MyITProjects’s
sole discretion, members who are deemed to be repeat
infringers under the United States Copyright Act.
MyITProjects may also at its sole discretion limit
access to the Service and/or terminate the memberships
of any Users who infringe any intellectual property
rights of others, whether or not there is any repeat
infringement.
7. Consequences
of Termination
Upon termination,
you lose access to MyITProjects. The terms of this
Agreement shall survive any termination, except
Sections 2 and 3 hereof.
8. California Law
and Arbitration
Choice of
Law: The
Agreement and any disputes with us or any MyITProjects
Affiliate arising out of or relating to the Agreement
or MyITProjects (“Disputes”) shall be governed
by California law, excluding conflicts of law
principles and excluding the CISG.
Agreement
to Arbitrate and Pay Attorneys’ Fees: Any
Disputes shall be resolved by final and binding
arbitration under the rules and auspices of the
American Arbitration Association, to be held
in Orange County, California, in English, with
a written decision stating and legal reasoning
issued by the arbitrator(s) at either party’s
request, and with arbitration fees and reasonable
attorneys’ fees of both parties to be borne by
the party that ultimately loses.
Exception
from Arbitration Agreement: Either
party may obtain injunctive relief (preliminary
or permanent) and orders to compel arbitration
or enforce arbitral awards in any court of competent
jurisdiction.
9. General Terms
Severability: If
any provision of the Agreement is found to be
invalid or unenforceable under mandatory laws
of a particular jurisdiction, such provision
shall be interpreted as to give maximum effect
to its intended purpose and this shall not affect
the validity or enforceability of (a) such provision
under the laws of any other jurisdiction, or
(b) any other provision of the Agreement.
Notices: We
may notify you via postings on www.MyITProjects.net,
and via email or any other communications means
to contact information you provide to us. You
may also notify us via email at legal@MyITProjects.net or via mail or courier at MyITProjects, Attn:
Legal Department, 5300 W. First Street, #
26, Santa Ana, CA 92703 USA; any notices
that you provide without compliance with this
Section on Notices shall have no legal effect.
Entire
Agreement: You
agree that this Agreement constitutes the entire,
complete and exclusive agreement between you
and us regarding the Service and supersedes all
prior agreements and understandings, whether
written or oral, or whether established by custom,
practice, policy or precedent, with respect to
the subject matter of this Agreement.
Amendments
to this Agreement: We
reserve the right to modify, supplement or replace
the terms of the Agreement, effective upon posting
at www.MyITProjects.net or notifying you otherwise.
If you do not want to agree to changes to the
Agreement, you can terminate the Agreement at
any time per Section 7 hereof.
No informal
waivers, agreements or representations: Our
failure to act with respect to a breach by you
or others does not waive our right to act with
respect to that breach or subsequent similar
or other breaches. Except as expressly and specifically
contemplated by the Agreement, no representations,
statements, consents, waivers or other acts or
omissions by any MyITProjects Affiliate shall
be deemed legally binding on any MyITProjects
Affiliate, unless documented in a physical writing
hand signed by a duly appointed officer of MyITProjects.
No Injunctive
Relief: In
no event shall you seek or be entitled to rescission,
injunctive or other equitable relief, or to enjoin
or restrain the operation of the Service, exploitation
of any advertising or other materials issued
in connection therewith, or exploitation of the
Service or any content or other material used
or displayed through the Service.
Beneficiaries: MyITProjects
Affiliates are not parties, but intended third
party beneficiaries of this Agreement, with a
right to enforce the Agreement directly against
you.
Assignment
and Delegation: You
may not assign or delegate any rights or obligations
under the Agreement and any purported assignment
and delegation shall be ineffective. We may freely
assign or delegate all rights and obligations
under the Agreement, fully or partially. We may
also substitute, by way of unilateral novation,
effective upon notice to you, MyITProjects for
any third party that assumes our rights and obligations
under this Agreement.
10. Complaints
Regarding
copyright infringement complaints, see our policies
and procedures for Complaints
regarding Copyright Infringement. With
respect to content-related complaints, see our
policies and procedures for Complaints
Regarding Content.
11. MyITProjects
User DOs & DON’Ts
As a condition
to access MyITProjects, you agree to this User
Agreement and to strictly observe the following
DOs and DON’Ts:
DO
- comply with
all applicable laws, including, without limitation,
tax laws, export control laws and regulatory
requirements;
- provide accurate
information to us and update it as necessary;
- review the
Privacy Policy;
- review and
comply with notices sent by MyITProjects concerning
MyITProjects;
DON’T
- duplicate,
license, sublicense, publish, broadcast, transmit,
distribute, perform, display, sell, rebrand,
otherwise transfer or commercially exploit
MyITProjects (excluding content posted by you)
except as permitted in the User Agreement;
- reverse engineer,
decompile, disassemble, decipher or otherwise
attempt to derive the source code for any underlying
intellectual property used to provide MyITProjects,
or any part thereof;
- include information
in your profile or in Status Updates which
reveals your identity such as an email address,
phone number or address or is confidential
in nature;
- utilize information,
content or any data you view on and/or obtain
from MyITProjects to provide any service that
is competitive, in MyITProjects’ sole discretion,
with MyITProjects;
- imply or state,
directly or indirectly, that you are affiliated
with or endorsed by MyITProjects unless you
have entered in to a written agreement with
MyITProjects (this includes representing yourself
as an accredited MyITProjects trainer if you
have not been certified by MyITProjects as
such);
- adapt, modify
or create derivative works based on MyITProjects
or technology underlying the Services, or other
Users’ content, in whole or part;
- rent, lease,
lend, trade, sell/re-sell access to MyITProjects
or any information therein, or the equivalent,
in whole or part;
- deep-link to
the Site for any purpose, (i.e. including a
link to a MyITProjects web page other than
MyITProjects’ home page) unless expressly authorized
in writing by MyITProjects;
- access, reload
or “refresh” or make any other request to transactional
servers more than once during any three second
interval;
- use manual
or automated software, devices, scripts robots,
other means or processes to access, “scrape,”
“crawl” or “spider” any web pages contained
in the site;
- use automated
methods to post reviews/questions/answers,
send messages or other permitted activities;
- access, via
automated or manual means or processes, MyITProjects
for purposes of monitoring its availability,
performance or functionality or for any competitive
purpose;
- engage in “framing,”
“mirroring,” or otherwise simulating the appearance
or function of MyITProjects’ website;
- attempt to
or actually access MyITProjects by any means
other than through the interface provided by
MyITProjects;
- attempt to
or actually override any security component
included in or underlying MyITProjects;
- engage in any
action that interferes with the proper working
of or places an unreasonable load on our infrastructure,
including but not limited to unsolicited communications,
attempts to gain unauthorized access, or transmission
or activation of computer viruses;
- remove any
copyright, trademark or other proprietary rights
notices contained in or on MyITProjects, including
those of both MyITProjects or any of its licensors;
- remove, cover
or otherwise obscure any form of advertisement
included as part of MyITProjects;
- use any information
obtained from MyITProjects to harass, abuse
or harm another person;
- collect, use
or transfer any information, including but
not limited to, personally identifiable information
obtained from MyITProjects except as expressly
permitted in the User Agreement or the owner
of such information may expressly permit;
- interfere with
or disrupt MyITProjects, including but not
limited to any servers or networks connected
to MyITProjects, or disobey any requirements,
procedures, policies or regulations of networks
connected to the MyITProjects;
- upload a cartoon,
symbol, drawing or any content other than a
photograph of yourself in your profile photo;
- use or attempt
to use another's account without authorization
from the Company, or create a false identity
on MyITProjects;
- infringe or
use MyITProjects’ brand, logos and/or trademarks,
including, without limitation, using the word
“MyITProjects” in any business name, email,
or URL or including MyITProjects’ trademarks
and logos on any website without authorization;
- upload, post,
email, transmit or otherwise make available
or initiate any content that:
- falsely states,
impersonates or otherwise misrepresents your
identity, including but not limited to the
use of a pseudonym, or misrepresenting your
current or previous positions and qualifications,
or your affiliations with a person or entity,
past or present;
- is unlawful,
libelous, abusive, obscene, discriminatory
or otherwise objectionable;
- includes
telephone numbers, email addresses, street
addresses or any personally identifiable
information for which there is not a field
provided by MyITProjects;
- includes
information that you do not have the right
to disclose or make available under any law
or under contractual or fiduciary relationships
(such as insider information, or proprietary
and confidential information learned or disclosed
as part of employment relationships or under
nondisclosure agreements);
- infringes
upon patents, trademarks, trade secrets,
copyrights or other proprietary rights;
- includes
any unsolicited or unauthorized advertising,
promotional materials, “junk mail,” “spam,”
“chain letters,” “pyramid schemes,” or any
other form of solicitation. This prohibition
includes but is not limited to (a) using
MyITProjects to send messages to people who
don’t know you or who are unlikely to recognize
you as a known contact; (b) using MyITProjects
to connect to people who don’t know you and
then sending unsolicited promotional messages
to those direct connections without their
permission; and (c) sending messages to distribution
lists or newsgroup aliases.
- contains
software viruses or any other computer code,
files or programs that interrupt, destroy
or limit the functionality of any computer
software or hardware or telecommunications
equipment of MyITProjects or any User of
MyITProjects;
- forges headers
or otherwise manipulate identifiers in order
to disguise the origin of any communication
transmitted through the Services; and/or
- adds to a
content field content that is not intended
for such field (i.e. submitting a telephone
number in the “title” or any other field).
- Participate,
directly or indirectly, in the setting up or
development of a network which seeks to implement
practices which are similar to sales by network
or the recruitment of independent home salespeople
to the purposes of creating a network thereof
or other similar practices;
Claims
Regarding Copyright Infringement
Each User
grants MyITProjects a license to use the content
supplied by each such User for the purposes of
disclosure on the MyITProjects website.
This license includes, inter alia, the right for
MyITProjects to reproduce, represent, adapt, translate,
digitize, use for advertising purposes, whether
commercial or non-commercial, to sublicense or
to transfer the content concerning each User (including
information, pictures, descriptions, search criteria,
etc.) over all or part of the Services and/or in
any mailings of MyITProjects and in general through
any electronic communication media (email, SMS,
MMS, WAP, Internet, CD Rom or DVD).
Each User expressly authorizes MyITProjects to
modify said content in order to conform to the
interface or display requirements of the Services
or of other communications media as set forth above,
and/or to render them compatible with its technical
performance or media format in question. These
rights are granted throughout the world and for
the entire term of this Agreement. The User is
prohibited from copying, reproducing or otherwise
using the content relating to other Users of MyITProjects
for any purpose other than for those purposes strictly
related to use of the MyITProjects services for
personal purposes.
Pursuant to the Digital Millennium Copyright Act,
17 U.S.C. sec. 512, MyITProjects has designated
an agent to receive notices of claimed copyright
infringement. If you believe in good faith that
your work has been copied in a way that constitutes
copyright infringement, please provide MyITProjects’
Copyright Agent 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 Site;
- Your address,
telephone number, and e-mail 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; and
- 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.
MyITProjects’
Copyright Agent for Notice of claims of copyright
infringement can be reached as follows: by e-mail
at abuse@MyITProjects.net or
by mail at:
MyITProjects
ATTN: Copyright
Agent
5300 W. First Street, #26
Santa Ana, California 92703, USA
Upon receipt of the
written notification containing the information
as outlined in 1 through 6 above:
- MyITProjects
may remove or disable access to the material
that is alleged to be infringing;
- MyITProjects
may forward the written notification to such
alleged infringer; and
- MyITProjects
may take reasonable steps to promptly notify
the alleged infringer that it has removed or
disabled access to the material.
Counter-Notification:
If the alleged infringer believes that a notice
of copyright infringement has been wrongly filed
against it and it would like to submit a counter-notification,
it may file a Counter-Notification in Response
to Claim of Copyright Infringement with MyITProjects’
Copyright Agent.
To be effective, a Counter-Notification must be
a written communication provided to the MyITProjects’
Copyright Agent for Notice that includes the following
information:
- A physical or
electronic signature of the alleged infringer;
- Identification
of the material that has been removed or to which
access has been disabled and the location at
which the material appeared before it was removed
or access to it was disabled;
- A statement under
penalty of perjury that the alleged infringer
has a good faith belief that the material was
removed or disabled as a result of a mistake
or misidentification of the material to be removed
or disabled; and
- The alleged infringer’s
name, address, and telephone number, and a statement
that the alleged infringer consents to the jurisdiction
of Federal District Court for the judicial district
in which the address is located, or if the alleged
infringer’s address is outside of the United
States, for any judicial district in which MyITProjects
may be found, and that the alleged infringer
will accept service of process from the person
who provided notification or an agent of such
person.
Upon receipt of a Counter-Notification
containing the information as outlined in 1 through
4 above:
- MyITProjects
may promptly provide you with a copy of the Counter-Notification;
- MyITProjects
may inform you that it will replace the removed
material or cease disabling access to it within
ten (10) business days; and
- MyITProjects
may replace the removed material or cease disabling
access to the material within ten (10) to fourteen
(14) business days following receipt of the Counter-Notification,
provided MyITProjects’ Copyright Agent for Notice
has not received notice from you that an action
has been filed seeking a court order to restrain
Subscriber from engaging in infringing activity
relating to the material on MyITProjects’ network
or system.
You may want
to seek the advice of independent legal counsel
before filing a notification or counter-notification.
Notice
and Procedure for Making Complaints Regarding
Content
To notify
MyITProjects of Content that infringes your
rights (other than copyright violations in
which case please click
here) or is otherwise unlawful (“Specified
Content”), you must send a notice to the MyITProjects’
Content Complaint Manager by mail, e-mail,
or fax, and provide the following information:
- Your name, address,
telephone number, and e-mail address;
- A description
of the Specified Content that your claim either
infringes your rights or is otherwise unlawful,
specifying which parts of it you believe infringe
your rights, or are unlawful, and which parts
you believe should be removed;
- A description
of the exact location of the Specified Content
on the Web Site;
- (In the event
you believe that the Specified Content infringes
your rights): A statement specifying in detail
the rights you assert, and why the Specified
Content infringes them;
- (In the event
you believe that the Specified Content is otherwise
unlawful): A statement specifying in detail which
laws you believe are being breached, and why
the Specified Content does so;
- A statement by
you, made under penalty of perjury, that the
above information in your notice is accurate
and that you are damaged by the Specified Content
or authorized to act on such person’s behalf;
and
- Your electronic
or physical signature (as appropriate).
When we receive
a notice that complies with the above requirements,
we will evaluate the information you provided (including,
if appropriate, forwarding the notice to, or otherwise
contacting the source of the Specified Content),
and if appropriate in our judgment, remove or disable
access to the Specified Content. In such case,
we may notify the source of the Specified Content
of your complaint and our action taken. In some
cases, if the source of the Specified Content provides
us with information indicating that the Specified
Content has been removed wrongly, we may reinstate
the Specified Content. Our take-down and re-instatement
procedures are and remain at our sole discretion.
You may want to seek the advice of independent
legal counsel before filing a notice or responding
to a notice filed by someone else.
MyITProjects Content Complaint Manager
Contact information for MyITProjects’ Content Complaint
Manager is as follows:
E-Mail: abuse@MyITProjects.net
Mail:
MyITProjects
ATTN: General
Counsel
5300 W. First Street, #26
Santa Ana, California 92703, USA
In accordance with
Article L. 121-20 of the French Consumer Code,
you are hereby informed that you have a seven (7)
day period from the opening of your account to
exercise your right of retraction, without any
penalty or cause. However, in accordance with Article
L. 121-20-2, 1° of the French Consumer Code, this
right of retraction cannot be exercised once you
have used the services of the account in question.
You agree that you will not participate directly
or indirectly in a network seeking to implement
practices similar to “snowball” sales or services
as set forth in Articles L 122-6 and L 122-7 of
the French Consumer Code.
Liability
Subject to
the provisions contained in the following paragraph
and irrespective of legal grounds, MyITProjects
is liable only for damages resulting from the
intentional misconduct or gross negligence of
MyITProjects, its legal representatives, employees
or authorized agents (“Agents”).
For damages resulting from the gross negligence
of MyITProjects or its Agents, liability is
limited to damages commonly associated with
the agreement in question. For damages caused
by MyITProjects or its Agents in the absence
of intentional misconduct or gross negligence,
MyITProjects’ liability is limited to the extent
that violations extend to obligations the satisfaction
of which is of critical importance to the achievement
of the respective agreement’s purpose (cardinal
obligation). In the event that a cardinal obligation
is violated by way of light negligence, liability
is limited to damages commonly associated with
the agreement in question. The above limitation
of liability does not affect liability as prescribed
by the German Product Liability Act or for
damages from (i) injuries to life, body and
health, or (ii) the assumption of a guarantee
or procurement risk. To the extent that MyITProjects’
liability is excluded or limited under the
foregoing provisions, such provisions also
operate to the benefit of MyITProjects Agents
in cases in which a User sues MyITProjects
Agents directly.
Decompilation
In case you
download certain software provided by MyITProjects,
you are only entitled to decompile the Software
under the rules provided in Sec. 69e Copyright
Act (Urhebergesetz) and only after MyITProjects
has not provided the necessary information and
data for allowing to establish interoperability
with third party hard- or software after a written
request within an adequate timeframe.
Right of
Revocation
If the User
is a consumer (Sec. 13 German Civil Code), he
or she may revoke registration for the Free Membership
in writing (for example by letter, fax or eMail)
without stating a reason within two (2) weeks
of registration. The two-week periods begin
with the reception of this information in text
form. For exercising this right it is sufficient
to send the revocation of the contract to the
following address:
MyITProjects
ATTN: Legal
Dept. / Cancellation
5300 W. First Street, #26
Santa Ana, CA 92703 USA
Fax: 914.470.9639
Email: legal@MyITProjects.net
In the event
of a valid cancellation, both parties shall be
obliged to restore any benefits already received
in accordance with legal provisions, and issue
any gains (e.g. interest). If the User is unable
or partially unable to restore the benefits,
or only able to restore them in poor condition,
to MyITProjects, then the User is obligated to
reimburse MyITProjects for the corresponding
value. Each party must fulfill its obligation
for reimbursement within 30 days. The deadline
begins for the User with the dispatch of the
revocation; for MyITProjects, it begins with
the reception of the revocation sent by the User.
The right to revoke the contract expires if MyITProjects
has begun providing the service with the User’s
explicit consent before the end of the deadline
for the revocation or if the User has initiated
the service himself or herself.
MyITProjects,
Santa Ana, California, USA, May 15, 2009.
|
|
|
