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For the fans, by the fans! |
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| MYKOfan Terms of Use |
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The webpages available at MYKOfan.com, and all linked pages ("Site"), are owned and operated by MYKOFAN LLC ("MYKOfan"), a Washington corporation, and is accessed by you under the Terms of Use described below ("Terms of Use")
BY USING AND/OR VISITING THIS WEBSITE (COLLECTIVELY, INCLUDING ALL CONTENT AVAILABLE THROUGH THE MYKOFAN.COM DOMAIN NAME, THE “MYKOFAN WEBSITE,” OR “WEBSITE”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (THE “TERMS OF USE”) AND THE TERMS AND CONDITIONS OF MYKOFAN’S PRIVACY POLICY, WHICH ARE PUBLISHED AT , AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THIS WEBSITE.
MYKOfan reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, MYKOfan will notify you via email. What constitutes a "material change" will be determined at MYKOfan’s sole discretion, in good faith, and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified. |
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| 2. |
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These Terms of Use apply to all users of the MYKOfan Website. The MYKOfan Website may contain links to third party websites that are not owned or controlled by MYKOfan. MYKOfan has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, MYKOfan will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve MYKOfan from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the MYKOfan Website to read the terms and conditions and privacy policy of each other website that you visit. |
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Subject to full compliance with the Terms of Use, MYKOfan may offer to provide certain services and content. Services shall include, but not be limited to, any service and content MYKOfan performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site. MYKOfan may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. MYKOfan may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. |
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As a condition to using Services, you are required to register with MYKOfan and select a password and screen name ("MYKOfan User ID"). You shall provide MYKOfan with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your MYKOfan account. You may not (i) select or use as a MYKOfan User ID a name of another person with the intent to impersonate that person; (ii) use as a MYKOfan User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a MYKOfan User ID a name that is otherwise offensive, vulgar or obscene. MYKOfan reserves the right to refuse registration of, or cancel a MYKOfan User ID in its discretion. You shall be responsible for maintaining the confidentiality of your MYKOfan password.
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| The following should be taken into consideration when using your User ID & Password: |
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If you register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize others to use your Registration Information. You may not sub-license, transfer, sell or assign your Registration Information and/or this Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Agreement. |
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You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible. |
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If you have reason to believe that your account is no longer secure (for example, the unauthorized disclosure or use of your Registration Information on the Website), you must promptly change the affected Registration Information by using the appropriate update mechanism on the Website, if available, or notify our Privacy Policy Coordinator as described in our Privacy Policy . |
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| Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services. |
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As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by MYKOfan.
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| By way of example, and not as a limitation, you agree not to use the Services: |
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to abuse, harass, threaten, impersonate or intimidate other MYKOfan users; |
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| 2. |
to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any MYKOfan user; |
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to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; |
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to create or submit unwanted email ("Spam") to any other MYKOfan users or any URL; |
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to violate any laws in your jurisdiction (including but not limited to copyright laws); |
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for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content; |
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to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content that is otherwise intended for MYKOfan.com; |
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with the intention of artificially inflating or altering the 'MYKOfan count', comments, or any other MYKOfan service, including by way of creating separate user accounts for the purpose of artificially altering MYKOfan's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of MYKOfan's services; |
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with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
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take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; |
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interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; |
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bypass any measures we may use to prevent or restrict access to the Site. |
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MYKOfan may remove any Content and MYKOfan accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
To report Terms of Use abuse, please email:
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The content on the MYKOfan Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to MYKOfan, subject to copyright, and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MYKOfan reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the MYKOfan Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the MYKOfan Website or the Content therein. |
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The MYKOfan Website may now or in the future permit the submission of URL links to 3rd party websites. You understand that whether or not such User Submissions are published, MYKOfan does not guarantee any confidentiality with respect to any submissions.
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The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MYKOfan has no control over such sites and resources, you acknowledge and agree that MYKOfan is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that MYKOfan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. |
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You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MYKOfan to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. You also hereby grant each user of the MYKOfan Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the MYKOfan Website. |
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| C |
In connection with User Submissions, you further agree that you will not:
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submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MYKOfan all of the license rights granted herein; |
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publish falsehoods or misrepresentations that could damage MYKOfan or any third party; |
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submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; |
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post advertisements or solicitations of business: |
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impersonate another person. MYKOfan does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MYKOfan expressly disclaims any and all liability in connection with User Submissions. |
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| MYKOfan does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MYKOfan will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. MYKOfan reserves the right to remove Content and User Submissions without prior notice. MYKOfan will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. MYKOfan also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. MYKOfan may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. |
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In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
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A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; |
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Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; |
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Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; |
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Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; |
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A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and |
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A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. |
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You understand that when using the MYKOfan Website, you will be exposed to User Submissions from a variety of sources, and that MYKOfan is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MYKOfan with respect thereto, and agree to indemnify and hold MYKOfan, its Owners/Operators, managers, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. |
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MYKOfan permits you to link to materials on the Website for personal, non-commercial purposes only. MYKOfan reserves the right to discontinue any aspect of the MYKOfan Website at any time. |
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YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED "AS IS", AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. SERVICE PROVIDER, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE.
SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF THE WEBSITE HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU HEREBY AGREE TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR". |
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You agree to indemnify Service Provider and its affiliates, employees, agents, representatives, and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website. |
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You affirm that you are either more than 14 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13. If you are under 14 years of age, then please do not use the MYKOfan Website there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you. |
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MYKOfan may terminate or suspend any and all Services and your MYKOfan account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your MYKOfan account, you may simply discontinue using the Services. All provisions of the Terms of Use 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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This agreement is governed by Washington law as such laws apply to agreements entered into and to be performed entirely within Washington between Washington residents. Any claim arising out of or relating to this agreement or MYKOfan shall be settled by binding arbitration in Snohomish County, WA in accordance with the American Arbitration Group's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Washington law. However,
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each of us may seek interim relief from a Snohomish County, WA court to protect the party's rights or property while arbitration is pending, and |
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at our option, we may bypass arbitration in cases of fraud or other crimes against us, interference with our technical operations or violations of our rights or property. |
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