Terms of Use Agreement

Maximum Awesome Productions operates MaximumAwesome.com, Misfitopia.com, McAwesome.com, McAwesomeUniversity.com, CrapOrNotCrap.com, DaveMcAwesome.com and BlogThunderdome.com, which are humor, satire, entertainment and social networking services allowing users to communicate online with other users. Maximum Awesome Productions and these websites and services are hereafter referred to as the “Site”. The Site is hosted in the United States of America.

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Site. By using the Site, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site, including through a mobile device, or otherwise use the Site without being registered) or you are a “Member” (which means that you have registered with the Site). The term “User” refers to a Visitor or a Member. You are only authorized to use the Site (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 Site and discontinue use of the Site immediately. If you wish to become a Member, communicate with other Members and/or make use of the Site, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes the Site’s policy for acceptable use of the Site and Content (as defined in Section 6 below) posted on or through the Site and your rights, obligations and restrictions regarding your use of the Site and Content posted on or through the Site. In order to participate in certain Site, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from the Site. Unless otherwise provided by the additional terms and conditions applicable to the Site in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: legal@maximumawesome.com, Subject: Terms of Use Agreement.

The Site may modify this Agreement from time to time and such modification shall be effective upon posting by the Site. Your continued use of the Site after the Site 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 the Site and that you provide to other Users. Your Member profile may not include any form of Prohibited Content, as outlined in Section 7 below. Despite this prohibition, information, materials, products or services provided by other Site Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and the Site assumes no responsibility or liability for this material. If you become aware of misuse of the Site by any person, please notify the Site via mail or email. The Site does not guarantee that any actions will be taken as a result of your notification.

The Site 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 Site at any time, for any or no reason, with or without prior notice or explanation, and without liability. The Site expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Site if the Site determines, in its sole discretion, that you have violated this Agreement or pose a threat to the Site and/or its Users.

1. Eligibility. Use of the Site and registration to be a Member for the Site (“Membership”) is void where prohibited. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are eligible to enter into this Agreement; (d) you are 13 years of age or older; and (e) your use of the Site does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

2. Term and Termination. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Site or are a Member. You may terminate your Membership at any time, for any reason, by discontinuing use of the Site. The Site 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 4-17.

3. Fees. You acknowledge that the Site reserves the right to charge for any portion of the Site and to change its fees (if any) from time to time in its discretion. If the Site terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

4. Membership.

4.1 Registration. User agrees to provide accurate, complete and current information in the registration and to maintain the accuracy of such information.

4.2 One Account. You may not create more than one (1) account without the express written consent of the Site.

4.3 User Name. You will be asked to choose a name (“User Name”) to identify yourself to other Members. You may not select as a User Name the name of another person, or a User Name which infringes trademarks, service marks, copyrights, other intellectual property rights, or personal rights, or a User Name that is offensive or vulgar.

4.4 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 the Site 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.

4.5 Promotional and Commercial Content. The Site is for the personal use of Members, but promotional and/or commercial endeavors may only be used if they are specifically endorsed or authorized by the Site. The Site reserves the right to remove promotional and/or commercial content in its sole discretion. Illegal and/or unauthorized use of the Site, 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 Site 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. The Site reserves the right to take appropriate legal action for any illegal or unauthorized use of the Site.

4.6 You access and use the Site at your own risk on an as-is basis.

5. Proprietary Rights in Content on the Site.

5.1 In consideration for your agreement to this Agreement, the Site grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Site. You may access the material on the Site only for your own personal, non-commercial use. The burden of determining that use of any information obtained from the Site is permissible rests with you.

5.2 Users agree not to make use of any icons, graphics, information, or data from the Site without the prior written consent of the Site, except images created for the specific purpose of advertising the Site and labeled so.

5.3 You may not:

(a) sublicense, rent, lease, load or otherwise transfer your Account;</li>

(b) modify, adapt, reverse engineer or decompile the Site in whole or part, or otherwise attempt to derive source code from the Site;

(d) otherwise use the Site except as expressly provided in this Agreement.

5.4 By posting to, uploading to or otherwise engaging in any communication within the Site, you are granting the Site (or any of its assignees) a perpetual, royalty-free, universal, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, sell and exercise all rights of any kind or nature associated with such information, and all ancillary and subsidiary rights thereto, in any languages and media now known or not currently known.

5.5 The Site contains Content (the “Content”). Content is protected by copyright, trademark, patent, trade secret and other laws, and the Site owns and retains all rights in the Content and the Site. The Site hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Site’s Content (excluding any software code) solely for your personal use in connection with viewing the Site website and using the Site.

5.6 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 the Site.

5.7 The Site performs technical functions necessary to offer the Site, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Site.

6. Content Posted.
6.1 The Site may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of the Site violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. The Site assumes no responsibility for monitoring the Site for inappropriate Content or conduct. If at any time the Site chooses, in its sole discretion, to monitor the Site, the Site nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

6.2 You are solely responsible for the Content that you post on or through any of the Site, and any material or information that you transmit to other Members and for your interactions with other Users. Furthermore, you agree that, if a third party claims that any material you have contributed to the Site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws.

6.3 The Content is offered for general information, discussion, and entertainment purposes only. The Content is unmoderated by the Site and reflects the personal opinions of the posters. You should be skeptical about any information on the Site because the information may be humourous, satirical, parodic, untrue, offensive, and harmful.

6.4 You may have the opportunity to order or receive services, (collectively “Flashes or Icons”) through the Site directly or through links on the Site. All Products for sale (unless otherwise noted as owned or offered by the “Site”) are provided by third-party vendors (“Vendors”) pursuant to agreements, licenses or other arrangements between that Vendor and you. The Site includes Content concerning game play, purchasing credits, purchasing flashes or icons. All such material is provided for informational purposes only and does not imply any endorsement of any particular product or affiliation with any particular Vendor. You acknowledge that you are solely responsible for determining what, if any, Products are suitable for your purposes and or any loss, liability, damage or costs you may suffer as a result of any purchases you make. All aspects of your transactions regarding the Products, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the applicable Vendor. Your rights and remedies with respect to such transactions shall be solely against the applicable Vendor and any questions, complaints or claims related to any Product should be directed to that Vendor. The Site cannot be held responsible for the purchase of any icons or flash that you acquire through links on our site, should they cause your computer to have problems. The “Site” only provides information to the visitors on where those items can be found.

7. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Site. The Site reserves the right to investigate and take appropriate legal action against anyone who, in the Site’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Site and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of the Site:

7.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

7.2 harasses or advocates harassment of another person;

7.3 exploits people in a sexual or violent manner;

7.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

7.5 solicits personal information from anyone under 18;

7.6 publicly posts information that poses or creates a privacy or security risk to any person;

7.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

7.8 constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

7.9 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;

7.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

7.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

7.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

7.13 involves commercial activities and/or promotional activities and/or sales without prior written consent from the Site such as contests, sweepstakes, gambling, barter, advertising, pyramid schemes, or multi-level marketing schemes;

7.14 includes a photograph or video of another person that you have posted without that person’s consent;

7.15 uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or

7.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

7.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

7.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Site. You may not transmit any chain letters or junk email to other Members. You may not use the Site in connection with the transmission of unsolicited email. In order to protect our Members from such advertising or solicitation, the Site reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which the Site deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Site, you acknowledge that you will have caused substantial harm to the Site, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay the Site $50 for each such unsolicited email or other unauthorized commercial communication you send through the Site;

7.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site;

7.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

7.21 covering or obscuring the banner advertisements on your personal profile page, or any the Site page via HTML, CSS, Javascript, Flash or any other means;

7.22 any automated use of the system, such as, but not limited to, using
scripts to add friends or send comments or messages;

7.23 any hardware or software or other means which may in any way influence or advantage your use of the Site unless such usage is authorized by the Site, or any other method by which the Site may be used without human input;

7.24 interfering with, disrupting, or creating an undue burden on the Site or the networks, servers or services connected to the Site;

7.25 impersonating, attempting to impersonate, or falsely misrepresenting your affiliation with another Member, person or entity;

7.26 selling, bartering, or exchanging securities;

7.27 attempting to gain access to or using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

7.28 selling or otherwise transferring your profile;

7.29 using any information obtained from the Site in order to harass, abuse, or harm another person or entity, or attempting to do the same;

7.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose; or

7.31 using the Site in a manner inconsistent with any and all applicable laws and regulations.

8. Protecting Copyrights and Other Intellectual Property. Use of the Site is also governed by our Copyright Protection Policy, which is incorporated into this Agreement by this reference. http://www.maximumawesome.com/about/legal/copyright and http://www.maximumawesome.com/about/legal/copyright-takedown-notice

9. Trademarks. “Maximum Awesome”, “Misfitopia”, and “McAwesome” are trademarks of the Site. All other proprietary tools within the Site are trademarks of the Site. All other brands and names are the property of their respective owners. All graphics on the Site are trademarks of the Site or Site-affiliated people or entities. Use, reproduction, copying, or redistribution of trademarks, without the written permission of the Site or Site-affiliated people and entities, is prohibited. All other trademarks or servicemarks appearing on the Site are the marks of their respective owners.

10. Member Disputes. You are solely responsible for your interactions with other the Site Members. The Site reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

11. Privacy. Use of the Site is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference. http://www.maximumawesome.com/about/legal/privacy-policy

12. Disclaimers. The Site is not responsible for and makes no warranties, express or implied, as to the Content or the accuracy and reliability of the Content posted on or through the Site, whether caused by Users of the Site or by any of the equipment or programming associated with or utilized in the Site and such Content does not necessarily reflect the opinions or policies of the Site. Profiles and third party applications created and posted by Members on the Site may contain links to other websites. The Site is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by the Site. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by the Site. When you access these third party sites, you do so at your own risk. The Site takes no responsibility for third party advertisements or third party applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers. The Site is not responsible for the conduct, whether online or offline, of any User of the Site. The Site 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, any User or Member communication. The Site is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall the Site be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, attendance at a the Site event, from any User Content posted on or through the Site, or from the conduct of any Users of the Site, whether online or offline. The Site are provided “AS-IS” and as available and the Site expressly disclaims any warranty of fitness for a particular purpose or non-infringement. The Site cannot guarantee and does not promise any specific results from use of the Site. The Site does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through the Site is at your own risk. The site is not liable for any loss or damages including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data arising out of the use or inability to use the Site or any links; to your placement of content on the Site; or to your reliance upon information obtained from or through the Site or through links contained on the Site. The Site is not an intermediary, broker/dealer, investment advisor, or exchange and does not provide services as such. The Site makes no warranty that the Site will be uninterrupted, timely, secure, or error free. You agree that the only prize (if offered) are credits which may only be redeemed within the Site and that no withdrawals are possible. The Site reserves the right to interrupt the Site from time to time with or without prior notice in order to perform maintenance. You agree that the Site will not be liable for any interruption, delay or failure to perform resulting from any cause whatsoever. You acknowledge that the Site may be interrupted for reasons beyond the control of the Site, and the Site cannot guarantee that you will be able to access the Site whenever you may wish to do so. The Site shall not be obligated to refund all or any portion of any feeds paid by reason of any interruption of the Site. The Site has the right at any time for any reason or no reason to change and/or eliminate any aspect of the Site as it sees fit in its sole discretion.

13. Limitation on Liability. IN NO EVENT SHALL THE SITE 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 SITE, EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE SITE’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 THE SITE FOR THE SITE DURING THE TERM OF MEMBERSHIP.

14. U.S. Export Controls. Software available in connection with the Site (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and the Site agree to submit to the exclusive jurisdiction by and venue in the state and federal courts located within the State of New York, Nassau County, to resolve any dispute arising out of the Agreement or the Site. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

16. Indemnity. You agree to indemnify and hold the Site, 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 the Site 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 Site causes the Site to be liable to another.

17. Other. This Agreement is accepted upon your use of the Site website or any of the Site and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and the Site regarding the use of the Site. This Agreement supersedes any and all prior or contemporaneous oral or written agreements. You may not use, copy, modify, sublicense, rent, sell, assign or transfer the rights or obligations granted to you in this Agreement, except as expressly provided in this Agreement. The failure of the Site to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The parties shall without delay replace the ineffective provisions by others which are as closely as possible approximate to the intentions of the ineffective provisions.

Please contact us at: http://www.maximumawesome.com/contact with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED THEREIN.

Terms of Use Agreement