MeFileTM User
Terms of Service
Date of Last Revision: April 22, 2009.
These Terms of Service govern your use of the MeFileTM service (“MeFile” or the “Service”), which is operated by YouData, Inc. (“us”, “we” or “YouData”). By accessing or using our web site at www.youdata.com, www.mefile.com or another web site owned by us (collectively, the “Site”), you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Service (“Terms of Service” or “Agreement”), whether or not you are a registered member of MeFile. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Membership in the Service is void where prohibited. This Service is intended solely for users who are 13 years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service or the Site, you represent and warrant that you are 13 years of age or older and that you agree to and to abide by all of the terms and conditions of this Agreement. Your membership and your MeFile account may be terminated without warning if we believe that you are under 13 years of age or if we for any reason believe you are misrepresenting your age.
MeFile Data; Account Security
In consideration of your use of the Site, you agree to (a) accurately provide all required information, as well as other information you elect to include, about you in any registration forms on the Site (including without limitation, a valid cell phone number and e-mail address) (“MeFile Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the MeFile Data, and any other information you provide to YouData, to keep it accurate; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Your username, password and account are personal to you and are not transferable. You may not allow anyone else to use your password or account. You may not use anyone else’s password or account.
User Conduct
You understand that the Service and the Site are available for your personal and (except for payments made to you in accordance with these Terms of Service) non-commercial use only. In addition, you agree not to:
- circumvent or defraud the YouData service in any way;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, or commit any other fraud or abuse;
- use or attempt to use another’s account, service or system without authorization from YouData, or create a false identity on the Service or the Site;
- access the system or service from an "anonymizer" service that masks your true public IP address.
YouData may use any methods it deems appropriate in order to monitor your conduct or use of the Service or the Site or to enforce these Terms of Service. YouData takes seriously our obligation to protect our advertisers to be sure they are getting the true value of their investment dollars for any Attention PaidTM advertising campaigns made through the Service, and reserves the right to immediately suspend any account exhibiting suspicious activity or access pending further investigation. In addition, YouData reserves the right to pursue any and all legal action against you should you violate these Terms of Service.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of YouData, its advertisers or its or their licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without YouData’s prior written permission. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content solely for your personal and (except for payments made to you in accordance with these Terms of Service) non-commercial use only. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Service and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of YouData, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Beta Versions
If you are participating in a beta version of any Service, you understand and acknowledge that the Service is in the developmental stage and therefore is only an experimental model. During the beta test, the Service might not function fully or adequately and might contain defects or other shortcomings. Furthermore, you Agree to cooperate with YouData’s reasonable requests in connection with any beta program.
Trademarks
“YouData,” “MeFile,” “Attention Paid” and other YouData graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of YouData in the U.S. and/or other countries. All other company and product names may be trademarks of their respective holders. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of YouData or the applicable holder.
Third Party Materials and Websites
The Site contains (or you may be sent through the Site or the Service) third party advertisements, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Materials”), as well as links directly to third party web sites (“Third Party Sites”). Such Third Party Materials and Third Party Sites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Materials posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Materials or the Third Party Sites. Inclusion of, linking to or permitting the use or installation of any Third Party Materials or any Third Party Site does not imply approval or endorsement thereof by us. If you decide to leave the Site and to use or install any Third Party Materials or access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
Payments
Advertisers will be paying you cash in exchange for your attention to advertisements through the Service. You will be paid all rewards via Paypal or any other method announced by YouData from time to time. You must have a valid account with Paypal or such other approved payment provider to receive a payment. YouData may deduct all fees or other transaction costs relating to payments made to you from your MeFile account. No minimum threshold is required for payment. Payments will be sent each Friday in a process that will kick off each Friday afternoon. The actual time of arrival for your payment that day will vary. Each User is responsible for verifying that all address and payment information is correct. Should your MeFile account incur no activity for a period of 180 consecutive days your account will be canceled and any earnings accrued will be forfeited. You are solely responsible for the reporting and payment of any taxes for money earned through the Service or the Site. YouData may share payment information with its advertisers, provided that no identifying personal information about you will be provided to the advertisers.
Privacy
We care about the privacy of our users. Click here to view YouData’s Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
Disclaimers
YouData is not responsible or liable in any manner for any Third Party Materials posted on the Site or in connection with the Service, whether posted or caused by YouData, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. YouData 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, User communications. YouData is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will YouData be responsible for any loss or damage, including any loss or damage, personal injury or death, resulting from anyone’s use of the Site or the Service, any Third Party Materials posted on or through the Site or the Service or transmitted to Users.
THE SITE, THE SERVICE, ANY RELATED APPLICATIONS AND THE SITE CONTENT ARE PROVIDED “AS-IS” AND YOUDATA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUDATA CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY RELATED APPLICATIONS. YOUDATA DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY RELATED APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY RELATED APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY RELATED APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
YouData reserves the right to change any and all content, software and other items used or contained in the Site and any Services and related applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by YouData.
Limitation on Liability
IN NO EVENT WILL YOUDATA OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY RELATED APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF YOUDATA IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOUDATA’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 OR PAYABLE TO YOU BY YOUDATA UNDER THIS AGREEMENT, BUT IN NO CASE WILL YOUDATA’S LIABILITY TO YOU EXCEED $1,000.
Relationship of the Parties
Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and YouData. You understand that you do not have authority to make or accept any offers or make any representations on behalf of YouData, and you shall not hold yourself out as YouData’s agent or employee.
Termination
YouData may suspend or terminate your membership, freeze or delete your MeFile account and any content or information that you have posted on the Site or through any related application and/or prohibit you from using or accessing the Service or the Site or any related application (or any portion, aspect or feature of the Service or the Site or any related application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13 or have violated these Terms of Service. If your account is terminated for any violation or breach of these Terms of Service, you automatically forfeit all account balances and YouData may pursue legal action against you.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and YouData or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Harris County, Texas, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Harris County, Texas.
Arbitration
YOU AND YOUDATA AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SERVICE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, YouData will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than two (2) years after the cause of action arose.
Indemnity
You agree to indemnify and hold YouData, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service (“Submissions”), provided by you to YouData are non-confidential and shall become the sole property of YouData. YouData shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms “includes”, “including”, “e.g.,”, “for example”, and other similar terms are deemed to include the term “without limitation” immediately thereafter. Terms used in these Terms of Service with the initial letter(s) capitalized will have the meaning attributed to them in these Terms of Service.
Miscellaneous
These Terms of Service constitute the entire agreement between you and YouData regarding the use of the Site and/or the Service, superseding any prior agreements between you and YouData relating to your use of the Site or the Service. The failure of YouData to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. |
