From the Web Page to the Runway

Demand Media Terms of Use

Effective Date: March 10, 2009

THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME (these "Terms"), ARE A BINDING CONTRACT BETWEEN DEMAND MEDIA, INC. ("Demand Media" or "we") AND YOU ("you"). YOU MUST READ AND AGREE TO THESE TERMS, INCLUDING THE PRIVACY POLICY, BEFORE USING OUR WEBSITE, www.howtobecomeamodel.com (THE “SITE”) AND THE SERVICES WE PROVIDE ON OR THROUGH THE SITE (TOGETHER WITH THE SITE, THE “SERVICE”). BY USING THE SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

INFORMATION ON THE SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL, LEGAL, FINANCIAL, OR INVESTMENT ADVICE. For more on how to use the information on the Service see Section 14 below.

  1. DESCRIPTION OF SERVICE; MINIMUM AGE REQUIREMENT
    1. Description of Service. The Service may include social media functionality such as reviews and comments and articles, videos and other content. These Terms govern your use of the Service and the tools, content, and functionality provided by the Service.
    1. Age Requirement. You must be at least 13 to use the Service.
  1. MODIFICATIONS TO TERMS
    1. Procedure. At any time Demand Media may change these Terms, which includes the Privacy Policy, due to changes in the Service, technology, industry practices, the law, or consumer demand. We will provide notice to you of any material change in the Terms by sending you an email to the email address that we have on record for you and by posting the revised Terms on the Site. Your continued use of the Service 30 days after our notice to you of a change in the Terms means that you have agreed to the amended Terms. If we make nonmaterial changes to the Terms, the revised Terms will be effective immediately upon posting to the Site. Whenever we modify these Terms, we will update the effective date at the top of this document.
    1. Your Obligation to Stay Current. It is critical that you keep your email contact information correct and updated with the Service at all times. In addition, we encourage you to check back regularly to review these Terms at least once every 30 days.
  1. MODIFICATIONS TO SERVICE

    We reserve the right to modify or discontinue, and restrict or block access to, the Service without notice to you. We may modify or remove any content available through the Service, including tools, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other material (collectively, "Content"), at any time without notice to you, including removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

  1. POSTING CONTENT ON THE SERVICE; REPRESENTATIONS AND WARRANTIES
    1. Content Protected by Intellectual Property Rights; No Warranty. Any Content on the Service is protected by the intellectual property rights of Demand Media or its licensors. DEMAND MEDIA, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:
      1. THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR THE SERVICE; OR
      2. THE SATISFACTION OF ANY LAWS REQUIRING DISCLOSURE OF INFORMATION ON INVESTMENT OR FINANCIAL PRODUCTS, SERVICES, OR SECURITIES OR PRESCRIPTION DRUGS OR OTHER HEALTH-RELATED PRODUCTS AND SERVICES.
    1. Your Warranties Regarding Your Content. By displaying or publishing ("posting") any Content on the Service, you warrant and represent the following:
      1. You own all rights in your Content or, alternatively, you have sufficient rights in your Content to grant to Demand Media the rights described in these Terms;
      2. You will pay all license fees, clearance fees, and other financial obligations of any kind, arising from any use of your Content;
      3. You are the individual pictured, depicted, or heard in your Content or you have obtained permission from each person (including consent from parents or guardians for anyone under the age of eighteen (18)) who appears or is heard in your Content to grant the rights to Demand Media described in these Terms; and
      4. Your Content is not defamatory, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
    1. Establishing an Account to Post Content. To post Content to the Service, you must first complete the Service registration process to create an account with a user name and password (the "Account"). Your user name may be publicly displayed on the Service. You may not share your password with anyone unless you are a minor, in which case you may share your password with your parents or other legal guardians. You must always provide accurate, current, and complete information to Demand Media in connection with your use of the Service. You must update your information in a timely manner to maintain its accuracy and completeness. Any use of the Service through your Account will be deemed as being used by you. Demand Media is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable
  1. OWNERSHIP OF RIGHTS; LICENSE RIGHTS; USER SUBMISSIONS
    1. Ownership of Your Content. Nothing in this Agreement transfers to us your ownership rights in any Content you post to the Service. By posting Content to the Service, you are granting us the non-exclusive license described in these Terms.
    1. Your License to Demand Media.
      1. Subject to your right to terminate your license to us in any photos, graphics, audio or video you have posted to the Service as described in Section 5(C), you hereby grant Demand Media an irrevocable, perpetual, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, transmit, distribute, publicly perform and display (including in each case by means of a digital audio and video transmission), advertise in, on, and around, and create derivative works of the Content you submit or make available for inclusion on or through the Service, and to incorporate such Content into other works in any form, media, or technology now known or later developed. You retain ownership of your copyrights and other intellectual property and proprietary rights in any content you post to the Site, subject to the non-exclusive rights that you grant to us as described in these Terms. These Terms do not prevent you from granting similar rights to others.
      2. You also hereby waive any moral rights you may have under the laws of any jurisdiction in Content you submit or make available on or through the Service. We may (but are not obligated to) display your Content, including your username and your actual name (according to the preferences you select).
    1. Your Right to Terminate the License. At any time you may modify or remove from the Service any Content consisting of photos, graphics, audio or video that you have submitted or made available for inclusion on or through the Service (but not, for clarity, any Content solely in the form of text that you have posted to the public areas of the Service). Your removal of such Content from the Service will terminate our license to such Content. But if prior to such removal or modification, Demand Media has distributed, or developed specific plans to distribute, any electronic, printed, or other materials containing such Content (e.g., in advertising, promotion or otherwise), then Demand Media and its licensees have a limited right to continue to distribute those materials. You may terminate this limited license by sending us written notice to stop distributing the materials, in which event we will stop distributing the materials within 30 days. Your notice must be sent through our "Contact Us" web page located at http://www.howtobecomeamodel.com/contact.aspx, have a subject heading of "REMOVE CONTENT," and include your telephone number and email address. In addition, the notice must clearly identify the Content at issue and contain statements that you own or have an exclusive right to the Content and that all the information in the notice is true and correct. The 30 day period for Demand Media to stop distributing your Content begins only once Demand Media has received a notice complying with the requirements of this Section 5(C).
    1. Textual Content. Your right to terminate your license in Content submitted by you to the Service as described in Section 5(C) above does not extend to Content solely in the form of text that you have posted to the public areas of the Service. The license you give Demand Media in textual Content posted to the public areas of the Service is irrevocable and perpetual.
    1. User Contact Submissions. When you submit ideas, suggestions, documents, or proposals (collectively, "Submissions") to Demand Media through our "Contact Us" web page or in any other way, you represent, warrant, and agree that: (i) your Submissions do not include confidential or proprietary information; (ii) if we so choose, Demand Media may use and disclose your Submissions in any way, and you have all necessary rights to provide us with the foregoing permissions; and (iii) Demand Media has no obligation to pay or reimburse you for your Submissions or our use of your Submissions.
  1. PROHIBITED CONTENT

    You must not post to the Service any Content that, as reasonably determined by Demand Media is:

    1. untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
    1. infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement;
    1. of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information;
    1. unsolicited, undisclosed or unauthorized advertising;
    1. 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;
    1. data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or
    1. in violation of any applicable local, state, national or international law (including export laws).
  1. PROHIBITED CONDUCT; LIQUIDATED DAMAGES FOR SPAM
    1. Prohibited Conduct. You must not do, or attempt to do, any of the following, as reasonably determined by Demand Media, subject to applicable law:

      1. access or use the Service in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
      2. access or use the Service in any way that is not in compliance with the terms of use and policies of the Service;
      3. access, tamper with, or use services or areas of the Service that you are not authorized to access; or alter information on or obtained from the Service;
      4. tamper with postings, registration information, profiles, submissions or Content belonging to Demand Media or other users of the Service;
      5. use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
      6. frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Demand Media ;
      7. impersonate or misrepresent your affiliation with any person or entity;
      8. reverse engineer any licensed software, application, tools or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
      9. send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Service or any recipient; or
      10. take any action which might impose a significant burden (as determined by us) on the Service's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.

    1. Liquidated Damages. IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SERVICE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO DEMAND MEDIA , BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY DEMAND MEDIA $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.
  1. MONITORING OF SERVICE CONTENT; RESOLUTION OF USER DISPUTES
    1. No Duty to Monitor. We are under no obligation to restrict or monitor the Service or any Content in any way. IT WOULD BE IMPOSSIBLE FOR DEMAND MEDIA TO MONITOR THE ACCURACY OR RELIABILITY OF ALL OF THE CONTENT AVAILABLE THROUGH THE SERVICE. However, we reserve the right to modify or remove any Content at any time. Some of this monitoring may be done by users of the Service who have volunteered their time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of Demand Media. Demand Media neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service.

    1. Right to Resolve Disputes. Demand Media has the right, but not the obligation, to attempt to resolve disputes between users relating to the Service and Demand Media's resolution of a particular dispute does not create an obligation to resolve any other dispute. Demand Media's resolution of any dispute is final with respect to the Service.
  1. PROTECTION OF CONTENT
    1. License by Demand Media to You. You must respect the intellectual property laws protecting our Service. Demand Media grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Demand Media has in the Content, to privately display and perform the Content on your computer for your own personal, noncommercial purposes.

    1. Reservation of Rights. On its own behalf and the behalf of its licensors, Demand Media reserves all rights in the Content, including any software, not expressly granted in this Section 9. Demand Media does not in any way grant any other rights to you. Except as expressly stated in this Section 9, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Content, including any software, without prior written consent from Demand Media or other third-party owner of the rights in that Content (if any).
  1. PRIVACY POLICY

    Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms. We reserve the right to contact you about these Terms or any Content or activities relating to the Service.

  1. TERMINATION OR CANCELLATION
    1. Right to Terminate. We may, at any time, without notice to you, terminate your access to the Service, and your Account, or block your access to the Service if:

      1. we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Demand Media, our users, or any other person;
      2. requested by law enforcement or other government agencies; or
      3. your Account has extended periods of inactivity.
    1. Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
    1. Effect of Termination. inv Upon termination of your Account or the Service, your agreement with Demand Media pursuant to these Terms will also terminate, except that the following provisions survive the termination: Section 4 "Posting Content on the Service; Representations and Warranties," Section 5 "Ownership of Rights; License Rights; User Submissions," Section 9 "Protection of Content," Section 13 "Indemnification," Section 14 "Disclaimer of Warranties," Section 15 "Exclusion of Damages; Limitation of Liability," and Section 19 "Additional Terms" and the Privacy Policy. If your Account or access to the Service is terminated, you may no longer have access to the Content you posted on the Service.
  1. DEALINGS WITH MERCHANTS; LINKS
    1. Advertisements and Links. The Service contains advertisements, offers, or other links to websites of third parties that we do not control. Advertisements and other information provided by third parties may not be wholly accurate. Demand Media does not endorse or recommend any of the products or services advertised on the Service. Demand Media is not responsible or liable for (i) the availability or accuracy of such sites or advertisements; or (ii) the content, products or services available from such sites. The inclusion of any link on the Service does not imply that we endorse the linked site. You use the links at your own risk. The Demand Media Privacy Policy is applicable only when you are using the Service. Once you link to another website or web service, its privacy statement applies to any personal information you supply.
    1. Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Service, including "click to purchase," "co-registration," and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
  1. INDEMNIFICATION

    You agree to hold Demand Media and its subsidiaries, affiliates (for example, those listed at www.demandmedia.com), officers, directors, employees, agents, attorneys, independent contractors, licensors, experts, content providers, advisors, vendors, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the tools, software, and other aspects of the Service and the Content; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; (iii) any dispute you have with any user of the Service and any dispute you have related to any merchant or advertising found on or through the Service; (iv) Demand Media's resolution (if any) of any dispute you have with any user of the Service; (v) your improper authorization for Demand Media to collect, use, display, perform, distribute or disclose any information or other Content provided by you; and (vi) any disclosures made with your permission.

  1. DISCLAIMER OF WARRANTIES
    1. THE SERVICE DOES NOT PROVIDE MEDICAL, FINANCIAL OR LEGAL ADVICE. THE SERVICE IS FOR GENERAL CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OR PROFESSIONAL LEGAL, FINANCIAL OR INVESTMENT ADVICE.
    1. NO ENDORSEMENT. DEMAND MEDIA DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PROFESSIONALS, ADVISORS, EXPERTS, INVESTMENTS, FINANCIAL PRODUCTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY DEMAND MEDIA, DEMAND MEDIA EMPLOYEES, OTHERS APPEARING ON THE SERVICE AT THE INVITATION OF DEMAND MEDIA, OR OTHER VISITORS TO THE SERVICE IS SOLELY AT YOUR OWN RISK.
    1. YOU ACCEPT THE SERVICE "AS-IS". DEMAND MEDIA PROVIDES THE SERVICE "AS IS" AND "AS AVAILABLE." ALL USE OF THE SERVICE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF DEMAND MEDIA, ITS SUBSIDIARIES, AFFILIATES (FOR EXAMPLE THOSE LISTED AT WWW.DEMANDMEDIA.COM), LICENSORS, VENDORS, SUPPLIERS, ADVERTISING PARTNERS (e.g., PROVIDERS OF DISPLAY, VIDEO, IN-TEXT AND ALL OTHER ADVERTISING), MONETIZATION PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, INDEPENDENT CONTRACTORS, EXPERTS, CONTENT PROVIDERS, OR ADVISORS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "DEMAND MEDIA RELEASEES") MAKES ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION OR CONTENT INCLUDED IN THE SERVICE; OR (II) THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. EACH OF THE DEMAND MEDIA RELEASEES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  1. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE DEMAND MEDIA RELEASEES ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE DEMAND MEDIA RELEASEES EXCEED, IN TOTAL, $100.

  1. COPYRIGHT INFRINGEMENT/DMCA/TRADEMARK
    1. Demand Media respects the intellectual property rights of others and requests that users of the Service do the same. If you believe that your work is being used on the Service in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

      1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
      2. identification of the copyrighted work that you claim has been infringed;
      3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit Demand Media to locate the material (for example, by providing a URL to the material);
      4. your name, address, telephone number, and email address;
      5. 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; and
      6. a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
    1. Our designated agent to receive notification of claimed infringement can be reached at:
    1. It is our policy to terminate in appropriate circumstances any Account or user for repeated infringement of intellectual property rights, including copyrights, and we also reserve the right to terminate an Account or user for even one instance of infringement.
    1. Demand Media respects the intellectual property rights of others and has no bad faith intentions to “cyber squat” trademarks or confusingly similar business names. The domain name of this Site is believed to be generic and/or descriptive in nature.

      If you believe you have legitimate trademark rights in the domain name of this Site, please immediately contact Demand Media’s legal department by mailing a notice to our address for Legal Notices set forth in Section 18 below. You must include a copy of your government issued trademark documentation as well as the information required under Section 16(A)(i) through (vi). Your trademark claim will only be evaluated if the required trademark documentation is attached and the required information is provided.

    1. Demand Media may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright or trademark infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.
  1. CUSTOMER SUPPORT

    We have no obligation to provide customer support. However, we may provide you with customer support from time to time, at our sole discretion, if you have created an Account and you submit your customer support questions using your Account.

  1. NOTICES AND CONTACT INFORMATION

    Except as otherwise provided in these Terms, Demand Media will give you any notices by posting them on the Site. Since notice of any material change to the Terms will be posted to the Site for at least 30 days, we encourage you to visit the Site at least that often. You also authorize Demand Media to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to the email address that we have on record for you. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by Demand Media via electronic mail, whether or not received by you. Demand Media may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by Demand Media to the address that you have most recently provided is effective notice. With the exception of notices related to removal of licensed material and to copyright infringement as described in Sections 5 and 16 above, respectively, you must send us any notice by mailing it to our address for Legal Notices which is: Demand Media, 15801 NE 24th Street, Bellevue, WA, 98008, U.S.A., Attn: Legal Department.

  1. ADDITIONAL TERMS
    1. Agreement to Conduct Transactions Electronically. All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
    1. No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Demand Media Releasees, who are entitled to enforce the relevant sections of these Terms, there are no third party beneficiaries of these Terms.
    1. Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
    1. Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Demand Media. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Demand Media will be null and void. Demand Media has the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
    1. Jurisdiction; Choice of Law; Export Limitations. This Service is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Service from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Demand Media submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Los Angeles County, California.
    1. Limitations on Actions. Any action concerning any dispute with respect to the Service must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
    1. Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words "include" and "including" are meant to be illustrative and not exhaustive.
    1. Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy) and any policies and guidelines posted to the Service by Demand Media comprise the entire agreement (the "Entire Agreement") between you and Demand Media with respect to the use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
    1. No Waiver; Cumulative Remedies. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records. Remedies provided by these Terms are cumulative and do not affect the availability of remedies under applicable law.
  1. FURTHER INFORMATION

    If you have a complaint, you may contact us at Demand Media Legal Department, 15801 NE 24th Street, Bellevue, WA 98008, U.S.A. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210

  1. LEGAL NOTICES.
    1. NOTICE OF AVAILABILITY OF FILTERING SOFTWARE

      All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

    1. NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED

      YOU MAY VIOLATE FEDERAL LAW IF YOU: (i) INITIATE THE TRANSMISSION TO DEMAND MEDIA COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (ii) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

    1. NOTICE RE TRADEMARKS

      The trademark Demand Media and all other trademarks used in the Service are owned or used under license by Demand Media. You are not authorized to use any of those trademarks. All rights are reserved.

Copyright © 2009 Demand Media, Inc. All rights reserved.