MyGrub - Terms of Service

Introduction

The MyGrub.net website (the "Website") is a community of online journals centered on points of interests ("POI"). The MyGrub.net service is offered by MyGrub.net Inc. ("MyGrub").

These terms of use ("Terms of Use") constitute a binding agreement between MyGrub and you governing the use of the services provided by MyGrub. In using the services, you agree to be bound by all of the terms and conditions of the Terms of Use, regardless of whether you use the services to post any of your own materials or to view the materials posted by other people.

MyGrub reserves the right to modify or change the Terms of Use at any time.

Non-Commercial Use

You are granted a limited, revocable, non-exclusive, non-transferable license to use the services provided by MyGrub in accordance with the Terms of Use. You may use the services for your own personal, non-commercial purposes only.

Password

When you join MyGrub.net, you are responsible for maintaining the confidentiality of your password. You will hold MyGrub harmless for any damages arising from a third party obtaining your password. MyGrub will not intentionally share your password with any third party.

Privacy

When you join MyGrub.net, you may voluntarily provide personal information to share with others. You will hold MyGrub harmless for any damages arising from a third party obtaining your personal information. MyGrub will not intentionally share your personal information with any third party.

Conduct

MyGrub reserves the right not to post or to remove any material from its site at any time, without notice, for any reason or no reason.

You may not use the MyGrub services to:

upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, sexually or otherwise objectionable;
harm minors in any way;
solicit personal information from anyone under 18;
impersonate any person or entity, including, but not limited to, a MyGrub official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
provide a false birthday or age;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the MyGrub services;
upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose;
upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
"stalk" or otherwise harass another;
collect or store personal data about other users;
upload, post, email or otherwise transmit any content that provides instruction about illegal activities, including illegal drug use, child predation, terrorist activities, instructions in assembling or obtaining bombs or other weapons;
upload, post, email or otherwise transmit any content that encourages or promotes physical harm against any group or individual. This includes content that encourages or promotes self-harm;
interfere with or disrupt the MyGrub.net services or the servers or networks used to provide or receive the services or disobey any requirement, procedure, policies and regulation of any networks used to provide and receive the services;
intentionally or unintentionally violate any applicable local, state, national, foreign or international laws or regulation, including, any rule or regulation of any securities exchange, such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, any self-regulatory organization or the U.S. Securities and Exchange Commission.

MyGrub has no responsibility for monitoring, filtering, or pre-screening content that is on its website. All content posted to MyGrub.net is the sole responsibility of the individual who originally posted the content, and that your sole recourse for any damage you may suffer as a result of such content shall be to such individual. MyGrub will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of the use of any content posted or otherwise transmitted via the Service, and you hereby release MyGrub and its officers, directors, shareholders and employees therefrom. You agree that you must evaluate, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Data Security

MyGrub is not responsible for the security of data transmission to and from the services provided by MyGrub.

Content

You retain all ownership rights to your content that is published in the area of your personal website ("Your MyGrub Ste"). MyGrub retains the ownership of the collection of all content on MyGrub.

When you publish your content, you grant MyGrub a temporary license to "rebroadcast" it. By publishing content on Your MyGrub Site you grant MyGrub a world-wide, royalty-free, and non-exclusive license to reproduce, modify, distribute, transmit, publicly perform and publicly display the contentsolely for the following purposes:

Displaying, distributing and promoting You MyGrub Site
Promoting and marketing MyGrub's products and services and general operation of MyGrub services
Promoting and marketing the products and services of MyGrub's partners and affiliates
Promoting and marketing products and services related to your content.

This license exists only for as long as the content remains published on Your MyGrub Site and only for as long you remain a MyGrub member, except that you grant MyGrub a continuing perpetual license and right to maintain a copy of Your MyGrub Site and content for archival purposes.

All content created by MyGrub, its partners, or its suppliers such as text, logos, graphics, images, javascript code, HTML code, and other software, is the property of MyGrub, Inc. (or its partners or suppliers) and protected by U.S. and international copyright and other intellectual property laws.

Copyright Infringement

You may not post, modify, distribute, or reproduce in any way any copyrighted material, belonging to others without obtaining their prior written consent.

Personal Information

You hereby certify to MyGrub that you are at least 13 years old. The Service is intended for people who are at least 13 years old. Children under 13 are not permitted to join.

Indemnity

You agree to indemnify and hold MyGrub, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, damage, claim or demand, including reasonable attorney fees, arising out of your content, your use of the service, your connection to the service, your violation of the Terms of Use, or your violation of any rights of another, whether you are a registered user or not.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYGRUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND.

(b) MYGRUB MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE OR ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN SOFTWARE AND ANY SOFTWARE PROVIDED TO YOU THROUGH THE SERVICE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYGRUB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYGRUB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYGRUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.