Terms of Use
The Truth About... and My
Truth About…
Terms of Service
Welcome to our Service. Please read these terms of service carefully. They contain
important information regarding your legal rights, remedies and obligations,
including how the content you provide can be used, how income from ads on your
user profile will be shared, and how disputes will be resolved.
1. REVISION DATE
These Terms of Service were last revised on June 6, 2008.
2. ACCEPTANCE OF TERMS
My Truth About and The Truth About are web publishing services with social networking
features (in either case, the “Service”). The Truth About Media,
LLC (“TTAM”) provides the Service to you subject to the following
Terms of Service ("TOS"). By registering with the Service or by using
the My Truth About or The Truth About web site (in either case, the “Site”),
and in exchange for TTAM’s agreement to provide the Service to you, you
agree to be bound by the TOS.
The TOS may be revised from time to time without notice to you other than appearing
on the Site. If we do this, we will indicate at the beginning of the TOS when
they were last revised. It is your responsibility to regularly check the Site
and to review the TOS. Your continued use of the Site constitutes your agreement
to all revisions to the TOS. Unless explicitly stated otherwise, any new features
that augment or enhance the current Service shall also be subject to the TOS.
You must be at least eighteen (18) years of age to use the Service. Any registration
by, use of, or access to the Site by anyone under 18 is unauthorized, unlicensed
and in violation of these TOS. By using the Service or the Site, you represent
and warrant that you are 18 or older.
TTAM reserves the right to refuse service to anyone without notice, at any time
and for any reason.
3. PROVISION AND MODIFICATION OF SERVICE
The Service may include software, services, content, and advertising provided
by TTAM in order to facilitate and enhance the Service and the Site. However,
much of the content of the Service—including the contents of specific
postings—is provided by and is the responsibility of users who submit
content to the Service or post content on the Site. TTAM takes no responsibility
for such content. TTAM merely provides access to such content as a service to
you.
You understand and agree that the Service and the Site are provided to you on
an AS IS and AS AVAILABLE basis. TTAM disclaims all responsibility and liability
for the availability, timeliness, security or reliability of the Service or
any feature or software included in the Service. TTAM disclaims all responsibility
or liability for the acts or omissions of third parties whose services, software,
content, or advertising may be utilized in connection with the Service or appear
on the Site.
TTAM reserves the right at any time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) with or without notice. The Service
also may be subject to interruptions, caused by TTAM or others. You agree that
TTAM will not be liable to you or to any third party for any modification, suspension,
interruption or discontinuance of the Service.
4. REGISTRATION AND ACCOUNT CREATION
As part of the registration and account creation process required to use the
Service, you will select a member ID (username) and a password, and you will
provide TTAM with certain registration information. In consideration of your
use of the Service, you agree to provide accurate, current and complete information,
and to promptly update all information you provide in connection with creating
or maintaining your account, in order to keep it accurate, current and complete.
(If any of your registration or account information changes, you can update
it by visiting the Edit Account link on the Site.)
You also agree that you will maintain the security of your password and identification,
that you will be fully responsible for all use of your account, and that you
will notify TTAM immediately of any breach of security or unauthorized use of
your account. You agree that you will not register for more than one account,
register for an account on behalf of anyone other than yourself, or use another’s
account without permission.
5. CONDITIONS ON USE OF THE SERVICE AND THE SITE
TTAM grants you permission to access and use the Service and the Site as set
forth in these TOS, and in exchange you agree as follows:
- You will access and use the Service
and the Site solely for your own personal use;
- You will not use Service or the
Site in any illegal manner or for any illegal purpose, in any other manner
that could damage, disable, overburden or impair the Service or the Site,
or in any manner inconsistent with these TOS;
- You will not defeat or interfere
with any security feature of the Service or the Site, or attempt to do so;
- You will not alter or modify any
content or component of the Service or the Site, other than content you have
submitted to or posted on the Site;
- You will not reproduce, duplicate,
copy, sell, trade, resell or exploit, for any commercial purpose, any content,
component or use of or any access to the Service or the Site, without the
prior written permission of TTAM, except for content you have submitted to
or posted on the Site, or content with respect to which you have the prior
written permission of the owner;
- You will not use any automated
system, software, or device to generate and send unsolicited communications
to or through the Service or the Site;
- You will not collect or harvest
any personally identifiable information, including without limitation account
names or e-mail addresses, from the Service or the Site, nor use the communication
systems provided by the Service or the Site for purposes of sending any commercial
solicitation;
- You will not upload, post, transmit,
share or otherwise make available any material that contains software viruses
or any other computer code designed to interfere with the functionality of
any computer software or hardware or telecommunications equipment; and
- You will not harass or intimidate
any other user of the Service or the Site.
6. YOUR CONDUCT AND USE
OF THE SERVICE AND THE SITE
- You are responsible for your
own use of the Service and the Site.
- You acknowledge that you are solely
responsible for the profiles (including your name, image, and likeness), text,
photos, video, music, messages, comments, notes, advertisements, listings,
links, and other content that you post, publish, upload, or display on the
Site, or transmit to or share with others using the Service (collectively
"User Content"), and for the consequences of posting, publishing,
uploading or displaying any User Content.
- You understand and agree that
any User Content you submit to the Service or post on the Site is intended
to and generally will be made public, and that once made public User Content
cannot be made private again. You consent to the public dissemination of all
information you submit or post using the Service or the Site.
- You agree that you will not use
the Service or the Site to post, transmit, or share User Content that you
did not create or that you do not have permission to post. You affirm that
you own or have all intellectual property rights (including without limitation
copyright and trademark rights), licenses, and permissions to the User Content
you provide that are needed to use and to authorize TTAM to use that User
Content in the manner described in these TOS. By submitting or posting User
Content, you warrant that it does not infringe any intellectual property rights
of another person.
- You agree that you will not use
the Service or the Site to post, transmit, or share child pornography. The
use of Service or the Site to publish or transmit child pornography will not
be tolerated. If identified, it will be reported to law enforcement authorities,
and will result in termination of your account.
- You agree that you will not use
the Service or the Site to post, transmit, or share User Content that is obscene,
defamatory or invasive of the privacy of another person, graphically violent,
physically threatening, intended for any illegal purpose, or otherwise inappropriate
on a site intended for a general audience. By submitting or posting User Content,
you warrant that it is not obscene, defamatory or invasive of the privacy
of any other person, or otherwise illegal.
- You understand that TTAM does
not promise that User Content you submit to the Service or post on the Site
will be maintained by TTAM. You are solely responsible for creating backup
copies of and replacing any User Content you submit to the Service or post
on the Site, at your own cost and expense. You agree that TTAM has no responsibility
or liability for the deletion of, or the failure to store or to transmit,
any User Content or other communications provided using the Service. TTAM
retains the right to create limits on use and storage at its sole discretion,
at any time, with or without notice.
7. RIGHTS TO AND USE OF
THE CONTENT ON THE SITE
Except for User Content, all content and components of the Service and the Site
(“TTAM Content”), including without limitation, the software, text,
photos, video and audio content, graphics, interactive features and advertisements,
and all trademarks, service marks and logos contained therein, are owned by
or licensed to TTAM, subject to copyrights or other intellectual property rights
held by others pursuant to law. TTAM reserves all rights to the TTAM Content,
User Content, and any other component or content of the Service or the Site
not expressly granted to you by these TOS.
By submitting or posting User Content using the Service or the Site, you grant
to TTAM an irrevocable, perpetual, non-exclusive, transferable, fully paid,
worldwide license to: (1) use, copy, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part) and distribute the User Content in
or through any medium now known or hereafter invented, for any purpose; (2)
to prepare derivative works using the User Content, or to incorporate it into
other works, for any purpose; and (3) to grant and authorize sublicenses of
any or all of the foregoing rights.
You may remove your User Content from the Site at any time. If you choose to
remove your User Content, the User Content will no longer appear on the Site.
However, you acknowledge that TTAM may retain archived copies of your User Content,
and that TTAM will retain the rights to the content granted by these TOS.
TTAM does not assert any ownership over your User Content; rather, as between
TTAM and you, subject to the rights granted to us in these TOS, you retain full
ownership of all of your User Content and any intellectual property rights or
other proprietary rights associated with your User Content.
TTAM may obtain and exercise intellectual property rights over compilations,
collective works, or derivative works that incorporate User Content you have
provided. In that case, the rights TTAM obtains will apply only to the compilation,
collective work, or derivative work; as between TTAM and you, subject to the
rights granted to us in these TOS, you will retain full ownership of and rights
to your User Content.
When you post User Content to the Site, you also authorize and direct us to
make such copies thereof as we deem necessary in order to facilitate the posting,
maintenance, and storage of the User Content on the Site.
8. OBJECTIONABLE OR INAPPROPRIATE CONTENT
We believe that in the search for truth one must consider multiple points of
view and perspectives, and we intentionally go about finding experts and others
who will display diverse points of view on the Site. Therefore, the Site may
include controversial, offensive, harmful, inaccurate or otherwise offensive
or objectionable material. In some cases, the Site may include content that
has been mislabeled or is otherwise deceptive. Please use caution and common
sense and exercise proper judgment when using the Service. TTAM does not endorse,
support, represent or guarantee the truthfulness, accuracy, or reliability of
any content appearing on the Site. TTAM does not endorse any opinions expressed
via the Service. You acknowledge that any on material appearing on the Site
will be at your own risk.
TTAM will not routinely review or revise content submitted using the Service
or posted on the Site. However, TTAM may read any such content, and TTAM reserves
the right to refuse to distribute any such content, to remove any content from
the Site, or to edit such content, in it sole discretion.
If you find content appearing on the Site that you believe violates these TOS,
or that is offensive or otherwise objectionable, you may inform TTAM by sending
a message to: content@the truthabout.com. TTAM will review your message and
the content to which you object (assuming it is still on the Site). TTAM may
remove the content if, in TTAM’s judgment, it is inappropriate.
However, please understand that deciding whether content is inappropriate is
a judgment call, and that TTAM is not legally responsible for content that it
does not originate.
Neither is TTAM legally responsible for keeping content that it deems inappropriate
off of the Site. If content you have submitted is not published or is removed,
please review these TOS and understand that the value of the Service is, to
a large extent, based on providing an experience that is both enlightening and
pleasant for the people who use the Site.
TTAM may also elect to make certain content available only to registered users
of the Service or the Site who expressly confirm that they are adults who wish
to have access to the content. If the Service requires you to provide this confirmation,
you agree that in doing so you consent to the receipt of any such information,
and you release TTAM from any claims based on the receipt or distribution of
such information.
TTAM also reserves the right to access, read, preserve, and disclose any information
as it reasonably believes is necessary to do any of the following: (1) satisfy
any applicable law, regulation, legal process or governmental request; (2) enforce
these TOS, including investigation of potential violations hereof; (3) detect,
prevent, or otherwise address fraud, security or technical issues; (4) respond
to user support requests; or (5) protect the rights, property or safety of TTAM,
its users and the public. You agree that TTAM will not be liable for exercising
or failing to exercise any of these rights.
9. USE, PROMOTION AND DISTRIBUTION OF CONTENT BY TTAM
You understand and agree that you will receive no compensation from TTAM for
any User Content you submit to the Service or post on the Site. You may receive
compensation as the result of Tipping or Advertising (as described in Sections
10 and 11 below).
You understand and agree that User Content you submit to the Service or post
on the Site may be organized, arranged, formatted, categorized, designated,
displayed, and edited as TTAM determines, in its sole discretion. In particular:
- TTAM editors or automated functions
of the Service may include User Content you submit in various locations on
the Site, and/or may (or may not) apply certain designations to your User
Content, such as “Pick of the Day,” “Editor’s Pick,”
“Top Rated,” or “Most Read.”
- [TTAM may (or may not) modify
User Content you submit as follows: (1) editing existing headlines or adding
headlines to the content; (2) creating and adding brief summaries of the content;
(3) editing the text or other elements of the content; or (4) publicly distributing
the content in a different media or format.
By submitting User Content to the Service or posting it on the Site, you agree
as follows:
- TTAM, in its discretion, may place
your User Content in a location or locations of its choosing on the Site,
and may apply designations currently existing or created in the future to
your User Content. You will have no claim for compensation or any other remedy
based on the location or designation of User Content you submit.
- TTAM, in its discretion, may Promote
your User Content to the TTAM Site, and may make copies of your User Content
as necessary to do so. These TOS will apply to User Content that is Promoted
to the TTAM Site. You will have no claim for compensation or any other remedy
based on the Promotion of User Content you submit.
- TTAM, in its discretion, may modify
your User Content as described in these TOS. TTAM will not be responsible
for any claims arising from modifications that do not substantially change
the meaning of the content, add new and different meanings, or result in the
addition of new material that give rise to a claim.
The Service allows you to upload
video content to the Site. By submitting User Content that includes video content
to the Service, you agree that any such content may be provided to any of our
partner video-sites, may appear on such sites, and that TTAM and our partners
may make copies of your User Content as necessary to permit it to appear on
such sites.
10. OTHER INTELLECTUAL PROPERTY RIGHTS
My Truth About, The Truth About… and other TTAM logos and product and
service names are trademarks of TTAM. All other trademarks appearing on the
Site are trademarks of their respective owners and our reference to them does
not imply or indicate any approval or endorsement by their owners unless such
approval or endorsement is expressly made. The Service is an educational and
informational site and service. References to other names and trademarks are
necessary in the course of providing information and commentary about the subjects
addressed on the Site.
11. SPONSORS, ADVERTISERS AND THIRD PARTIES
The Site may contain links to sponsor, advertiser, expert or other third party
websites that are not owned or controlled by TTAM. Inclusion of, linking to
or permitting the use or installation of any third party site, applications,
software, content or advertising does not imply approval or endorsement thereof
by TTAM. TTAM has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third parties. By using the Service, you
relieve TTAM from any and all liability arising from your use of any third-party
website.
Your correspondence or dealings with, or participation in promotions of, sponsors,
advertisers, or other third parties found on or through the Service, are solely
between you and such third parties.
You agree that TTAM shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of
the presence of such sponsors, third parties or advertisers on the Service.
12. PRIVACY
As a condition of using the Service or the Site, you agree to the terms of our
Privacy Polciy (www.thetruthabout.com/privacy.htm) which may be updated from
time to time, as expressed in the most recent version that exists at the time
of your use. You agree that TTAM may access or disclose your personal information,
including the content of your communications, if TTAM is required to do so in
order to comply with any valid legal process or governmental request (such as
a court order, search warrant, subpoena, civil discovery request, or statutory
authorization), or as otherwise provided in these TOS or the My Truth About
Privacy Policy.
13. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
TTAM respects the intellectual property rights of others and expects users of
the Site to do the same. At TTAM's discretion and in appropriate circumstances,
TTAM may remove or prevent access to allegedly infringing materials. Pursuant
to 17 United States Code §512(c)(2) (Digital Millennium Copyright Act of
1998), TTAM's designated agent for notice of alleged copyright infringement
appearing on the Site is:
Bill Inman
CEO, The Truth About Media, LLC
3000 Olympic Boulevard, Suite 2266
Santa Monica, CA 90404
Fax: 310-496-0256
email: legal@thetruthabout.com
When requesting removal of materials
you believe to be infringing, please provide the following:
- Identification of the copyrighted
work or works claimed to have been infringed.
- Identification of the copyrighted
work that is claimed to be infringing or to be the subject of infringing activity
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.
- Information reasonably sufficient
to permit the service provider to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at
which the complaining party may be contacted.
- A statement that the complaining
party has 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.
- A statement that the information
in the notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that
is allegedly infringed.
- A physical or electronic signature
of a person authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
14. TERMINATION
TTAM may, in its sole discretion, terminate your account, delete your profile
and any content or information that you have posted on the Site, and/or prohibit
you from using or accessing the Service or the Site, at any time, with or without
notice, for any reason, including but not limited to violation of these TOS.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. TTAM EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
In particular, and without limitation, TTAM makes no warranty that: (1) the
Service or the Site will meet your requirements; (2) the Service or the Site
will be uninterrupted, timely, secure, or error-free; (3) the results that may
be obtained from the use of the Service or the Site will be accurate or reliable;
(4) the quality of any products, services, information, or other material purchased
or obtained by you through the Service or the Site will meet your expectations;
(5) any errors in the components or contents of the Service or the Site will
be corrected; or (6) or that the Site or the Service are free of viruses or
other harmful components.
No advice or information, oral or written, obtained by you from TTAM, shall
create any warranty not expressly stated in these TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TTAM 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 TTAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICE OR THE
SITE
In particular, and without limitation, TTAM will have no liability for damages
arising from: (1) accessing, downloading, or otherwise obtaining any content
or component of the service or the site, even if it results in the inadvertent
transfer of harmful computer code, such as viruses, malware, or spyware; (2)
unauthorized access to or disclosure or alteration of your transmissions or
data; (3) statements or conduct of any third party on the service; or (4) as
otherwise provided in these TOS.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU.
18 . INDEMNIFICATION
You agree to hold harmless and indemnify TTAM, and its subsidiaries, affiliates,
officers, agents, and employees from and against any third-party claim arising
from or in any way related to your use of the Service or the Site, including
any liability or expense arising from all claims, losses, damages (actual and
consequential), suits, judgments, litigation costs and attorneys' fees, of every
kind and nature. TTAM will make reasonable efforts to provide you with written
notice of any such claim, suit or action, but the failure of TTAM to provide
such notice will not relieve you of these obligations.
19. GENERAL SEVERABILITY
If any provision of these TOS is found invalid or unenforceable, that provision
will be enforced to the maximum extent permissible and the other provisions
of the TOS will remain in force.
CHOICE OF LAW AND VENUE
The agreement created by these TOS, and any dispute arising from or relating
to these TOS or the provision or use of the Service or the Site, will be governed
by the laws of the State of California, without giving effect to its conflict
of laws provisions.
The parties hereby expressly waive trial by jury in any action, proceeding or
counterclaim brought by either of the parties against the other on any matters
whatsoever arising out of or related to these TOS or the provision or use of
the Service or the Site (“Claim”). The parties agree to submit any
Claim to binding arbitration, to be held in Los Angeles, California. In the
event any Claim is mutually agreed by the parties or deemed by a court not to
be subject to arbitration, it will be submitted to the state or federal courts
sitting in Los Angeles, California, and the parties agree that they are and
will be subject to the personal jurisdiction of those courts.
NON-WAIVER
The failure of TTAM to exercise or enforce any right or provision of the TOS
shall not constitute a waiver of such right or provision. If any provision of
the TOS is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of the TOS
remain in full force and effect.
LIMITATION OF LEGAL ACTIONS
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the TOS, or the provision
or use of the Service or the Site, must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
ENTIRE AGREEMENT
These TOS, together with the My Truth About Privacy Policy, constitute the entire
agreement between you and TTAM and governs your use of the Service, superse
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