The following terms and conditions govern all use of the TeamDME.com website (Website) and all content, services and products available at or through the website. The Website is owned and operated by TeamDME!, Inc. (“TeamDME!”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, TeamDME!’s Privacy Policy) and procedures that may be published from time to time on this Site by TeamDME! (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by TeamDME!, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
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Responsibility of Contributors.If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
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the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
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if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
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you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
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the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
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the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
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the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
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By submitting Content to TeamDME! for inclusion on your Website, you grant TeamDME! a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content.
Without limiting any of those representations or warranties, TeamDME! has the right (though not the obligation) to, in TeamDME!’s sole discretion (i) refuse or remove any content that, in TeamDME!’s reasonable opinion, violates any TeamDME! policy or is in any way harmful, objectionable, disrespectful, or rude (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in TeamDME!’s sole discretion. TeamDME! will have no obligation to provide a refund of any amounts previously paid.
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Intellectual Property. This Agreement does not transfer from TeamDME! to you any TeamDME! or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with TeamDME!. TeamDME!, TeamDME.com, the TeamDME.com logo, and all other trademarks, service marks, graphics and logos used in connection with TeamDME.com, or the Website are trademarks or registered trademarks of TeamDME! or TeamDME!’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any TeamDME! or third-party trademarks.
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Changes. TeamDME! reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. TeamDME! may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
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Termination. TeamDME! may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your TeamDME.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
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Disclaimer of Warranties. The Website is provided “as is”. TeamDME! and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither TeamDME! nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through, the Website at your own discretion and risk.
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Indemnification. You agree to indemnify and hold harmless TeamDME!, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
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Miscellaneous. This Agreement constitutes the entire agreement between TeamDME! and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of TeamDME!, or by the posting by TeamDME! of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Tennessee, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Davidson County, Tennessee. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Nashville, Tennessee, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; TeamDME! may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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