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1. Acceptance of Terms
ClutterMe.com provides a forum for social networking and website creation which will be hereafter referred to as ‘the Service’ subject to the following Terms of Use (TOU).
2. Conduct
You agree not to post or otherwise make available content:
a) that is unlawful, pornographic, abusive, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that impersonates any person or entity, including, but not limited to, a ClutterMe.com team member, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
c) that includes personal or identifying information about another person without that person's explicit consent;
d) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
e) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
f) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
g) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Ontario law.
h) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
i) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
j) attempt to gain unauthorized access to ClutterMe.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the ClutterMe.com website; or
k) use any form of automated device or computer program that enables the submission of postings on ClutterMe.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
3. Content
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that ClutterMe.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the ClutterMe.com site and Content available through the Service may contain links to other websites, which are completely independent of ClutterMe.com. ClutterMe.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will ClutterMe.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that ClutterMe.com does not pre-screen or approve Content, but that ClutterMe.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. Modification to this Agreement
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
5. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify ClutterMe.com agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at mark@ClutterMe.com
Please provide our Agent with the following Notice:
a) Identify the material on the ClutterMe.com site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your physical or electronic signature.
ClutterMe.com will remove the infringing posting(s), subject to the procedures
outlined in the Digital Millennium Copyright Act (DMCA).
6. Termination of Service
You agree that ClutterMe.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if ClutterMe.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that ClutterMe.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
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