Multiply Terms of Service and Use

Pindahan dari Multiply

URL: http://multiply.com/info/tos

Welcome to Multiply. Multiply is a powerful Website for shopping and sharing information with your personal network of contacts. Please read the following Terms of Service and Use carefully. These Terms of Service and Use contain important information regarding your rights, obligations and restrictions in connection with your use of the Multiply Service and the Multiply.com website (the “Website”). By visiting or using the Multiply.com website you accept and agree to be bound by these Terms of Service and Use (“Terms of Service and Use” or “Agreement”), whether or not you register as a Multiply.com Member. If you do not agree to these Terms of Service and Use you may not use Multiply and you may not register as a Multiply member.

This Agreement was last updated as of April 28, 2011.

You agree that we may modify this Agreement from time to time in our sole discretion and without prior notice. Any modification of this Agreement will be posted on the Website. The modified Agreement will become effective upon such posting. Your continued use of the Website and Service after posting of the amended Agreement indicates your acceptance of and agreement to be bound by the amended Agreement.

The Service

The Service offered by Multiply includes the Website (the “Website”) and any other services provided by Multiply or Multiply’s Affiliates from time to time in connection with the Website (the “Service”). The Terms of Service and Use apply to all Services and all uses of the Website.

To use this Service, you understand and agree to the following: (a) as part of the registration process, you must submit a valid e-mail address and select a password and user name; (b) you are responsible for maintaining the confidentiality of your member name and password, and all uses of your account — whether or not you’ve authorized such use; (c) you agree to notify Multiply immediately of any unauthorized use of your account; and (d) you are at least 13 years of age. Multiply will not be held liable for any loss or damage for non-compliance. Multiply reserves the right to refuse the Service to any user.

In addition, you understand and agree that Multiply will use aggregated data collected from you and other users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, Multiply in no way controls, verifies, or endorses any of the information contained on or in the Service, including links, events, messages, message boards and members’ published listings.

Selling and Shopping

Multiply allows users who comply with this Agreement and our policies to offer, sell and buy goods and services via the Website. We are not directly involved in any transaction between buyers and sellers. As a result, Multiply has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items, even if the sale and listing of such items is prohibited by this Agreement. As a mere conduit, Multiply does not provide any warranty for the products sold nor guarantee the services being offered by any user. We do not pre-screen users or the content or information provided by users. Therefore, we cannot ensure that any buyer or seller will actually complete a transaction. We cannot guarantee the true identity, age, and nationality of a user. You should communicate directly with your potential transaction partners through the tools available on the Website or otherwise. You may also wish to consider using a third-party escrow service or services that provide additional user verification.

Registration

In order to use some of the services on the Website you will have to register with Multiply as a Member. As part of the registration process, you agree to: (a) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign-up shall be referred to as registration data (“Registration Data”). Multiply reserves the right to delete accounts created by users who appropriate the name, likeness, e-mail address, or other personally identifiable information of another individual. You may not register for more than one Member account, register for a Member account on behalf of an individual other than yourself, or register for a Member account on behalf of any group or entity.

Eligibility

You must be thirteen (13) years of age or older to register as a member of Multiply or use the Website or Service. By using the Website or registering for the Service, you represent and warrant that you are thirteen (13) years of age or older and that you have the right, authority, and capacity to agree to, and abide by, this Agreement. Multiply reserves the right to cancel the account of and delete your profile and any content or information posted by any user under the age of thirteen (13).

In addition, to use our shopping services you must be at least 18 years old and be capable of forming legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to, or use of the Website, to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.

Individuals under the age of 18 must at all times use our services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities. This rule must be observed even if the age of majority in your jurisdiction is lower than 18 years of age.

Membership in, and access to the Website is void where prohibited by law.

Term and Termination

This Agreement will remain in full force and effect as long as you use the Website or Service and/or are a Member. You may cancel your Multiply membership at any time via the Cancel My Account page, which will remove your account from our database. Multiply may terminate your membership (1) automatically without notice upon any violation or alleged violation of this Agreement or Multiply’s Privacy Policy posted at http://multiply.com/info/privacy, in Multiply’s sole discretion; (2) for any reason, at any time upon notice to Member. Such termination could be effected by Multiply blocking Member’s access to the Website or Service, discontinuance of Member’s account, or notification to Member at the e-mail address provided in Member’s registration. Upon any termination by Multiply, Member shall discontinue all efforts to access the Website or the Services.

Commercial Use by Members

The Multiply Website is intended for the personal use of individual Members. Organizations, companies and/or businesses wishing to use Multiply in connection with any commercial endeavors must identify their account as an “online seller” for such use (you can request this by contacting customer service). If you fail to identify your account in this manner, you will be in violation of these Terms of Service and we reserve the right to terminate your account at any time. In connection with any commercial use, you agree to not collect or store via the Website or as part of the Service any personally identifiable information from customers, including but not limited to: social security numbers, dates of birth, credit card or other financial information (“PII”). Illegal and/or unauthorized uses of the Website, including collecting of PII in violation of the prior sentence, collecting usernames and/or e-mail addresses of members by electronic or other means for the purpose of sending unsolicited e-mail (“spamming”) and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress and the Member’s account will be terminated. Without limiting any other provisions of this Agreement, you hereby release, and will indemnify and hold harmless the Multiply Indemnitees from any claims, demand or losses that may arise in connection with any of your activity on Website or pursuant to the Service, commercial or otherwise, including without limitation any claims relating to any products or services offered via your account, any claims relating to any infringement of intellectual property rights or any claims relating to privacy or data security of any PII.

Fees and Services

It is free to join and set up a shop on Multiply. We charge a percentage of the sale price as a transaction fee when an item sells. Multiply.s Fees Policy, is subject to change. Changes to the Fees Policy are effective after we provide you with at least fourteen (14) days’ notice by posting the changes on the Site. We may, at our sole discretion, change some or all of these services at any time. In the event we introduce a new service, the fees for that service will be effective at the launch of the service. You are responsible for paying all fees and applicable taxes associated with using Multiply. We keep your bank account information on file. When an item sells, Multiply disburses the funds to you, minus the amount of the transaction fee. These fees, along with each of your sales, will be documented in the Wallet area of the Stock Room.

Listing and Selling of Products and Services

By listing any items for sale on the Website, you warrant that you and all aspects of the item comply with this Agreement and applicable law. You also warrant that you may legally sell the item. All sellers are urged to outline shop policies for their shop on Multiply. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with this Agreement. Sellers are responsible for enforcing their own reasonable shop policies. We reserve the right to request that a seller modify its shop policy. We also encourage you to research the applicable laws and regulations that may apply to your transaction.

Binding Sale:All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. If you breach any of these conditions, we reserve the right to terminate your account and any other measure that is legally available to us. The seller is also obligated to observe the warranties, express or implied, of the items sold under applicable law. Sellers must honor any return or exchange policy set by applicable law as a condition for continued use of the Website. Buyers agree that Multiply is not a conduit for sales return or exchanges and such requests, subject to the applicability of the Buyer Protection Policy below, must be coursed directly to the seller. Any disagreement between the buyer and the seller on warranties, sales returns and exchanges is solely a matter between them and Multiply shall not be liable for any damages that may arise from such disagreements. This rule applies with equal force to the sale of services wherein Multiply does not provide any guarantee on the proper and timely performance of such services offered by the website users and members. Should a court of competent jurisdiction declare Multiply liable for damages arising from such disagreement and disputes by the buyer and seller, the seller of the goods or offerer of such services shall hold Multiply free from such liability and undertakes to reimburse Multiply of all legal costs incurred and all damages paid related to such disputes or disagreements.

Fee Avoidance:The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding Multiply.s transaction fees, misrepresent the item’s location, or use another user’s account without permission.

You may not list, advertise or offer for sale or sell any products or services that violate this Agreement or that are prohibited by Applicable Law. A partial list of such items (“Prohibited Items”) is as follows:

  • Any Prohibited Content (as defined below).
  • Offer or solicitation of illegal prostitution.
  • Weapons and related items, including but not limited to firearms, disguised, undetectable or switchblade knives, martial arts weapons, scopes, silencers, ammunition, ammunition magazines, BB guns, tear gas or stun guns.
  • Items issued to United States Armed Forces that have not been disposed of in accordance with Department of Defense demilitarization policies.
  • Fireworks, including but not limited to “safe and sane” fireworks or any destructive devices or explosives.
  • Controlled substances or illegal drugs, substances and items used to manufacture controlled substances and drug paraphernalia.
  • Alcohol or tobacco products.
  • Prescription drugs and medical devices, including but not limited to prescription or contact lenses, defibrillators, hypodermic needles or hearing aids.
  • Nonprescription drugs that make false or misleading treatment claims or treatment claims that require governmental approval.
  • Blood, bodily fluids or body parts.
  • Restricted or regulated plants and insects, including but not limited to noxious weeds, endangered plant species, or live insects or pests.
  • Pesticides or hazardous substances, or items containing hazardous substances.
  • Illegal telecommunications equipment, including but not limited to access cards, password sniffers, access card programmers and unloopers, or cable descramblers.
  • Stolen property, or property with serial number removed or altered.
  • Burglary tools, including but not limited to lock-picks or motor vehicle master keys.
  • False identification cards, items with police insignia, citizenship documents, or birth certificates.
  • Counterfeit currency, coins and stamps, tickets, as well as equipment designed to make them.
  • Counterfeit, replica, or knock-off brand name goods.
  • Any items, such as tickets, coupons or gift cards, the transfer of which may be prohibited.
  • Gambling items, including but not limited to lottery tickets, sports trading card ‘grab bags’, raffle tickets, sweepstakes entries or slot machines.
  • Bulk e-mail or mailing lists that contain names, addresses, phone numbers, or other personal identifying information.

Multiply reserves the right to cancel any account found to be listing, advertising or offering for sale any product that violates this Agreement. Click here to read more about our policy regarding counterfeit goods.

Buyer Protection

Buyers and sellers share the responsibility for making sure purchases facilitated by Multiply are a hassle-free experience. We offer a Buyer Protection program (link) which covers the purchase price plus shipping under certain conditions (see details). We strongly encourage buyers to work with sellers before opening a Buyer Protection claim. Buyers and sellers agree to follow the requirements of the Buyer Protection Policy with respect to claims. Buyer Protection covers only claims filed in accordance with the Buyer Protection Policy. We may suspend the Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.

We require sellers to comply with our resolution process. As a condition of our service, you, as a Buyer or a Seller, as applicable, agree that Multiply will make a final decision, in our sole discretion, on any claim that a buyer files under the Buyer Protection Policy. You agree that Multiply has no liability whatsoever to you or any other person in connection with any decision that we make and agree to hold us harmless from any claims that you could make in this regard. If we resolve a dispute in the buyer’s favor, we will refund the buyer for the full cost of the item (including any applicable sales taxes) and the original shipping, and we will require the seller to reimburse us for the amount due to the buyer. Without limiting the foregoing, sellers may not have to pay a reimbursement for a claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the Buyer Protection policy. In addition:

  • Sellers must have a reimbursement method on file.
  • Sellers agree to allow us to remove funds from their accounts for amounts due to buyers.
  • Where there are insufficient funds in seller accounts, we will require another reimbursement method.
  • Sellers agree to allow us to charge the payment method they designate for amounts due buyers.

If sellers do not provide Multiply with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.

  • Correcting Mistakes in Payments to Buyers or Sellers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous Buyer Protection refund or reimbursement.

Proprietary Rights in Content on Multiply

Multiply owns and retains all proprietary rights in the Website and our Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Multiply, and its licensors (including Member Content). Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information or content.

Content Posted by Members on the Multiply Site

You are solely responsible for the content that you publish or display (hereinafter “Post”) on the Website, or transmit to other Multiply Members, including but not limited to photos, profiles, messages, notes, text, information, music, and videos (“Member Content”). Member Content covers links posted by members that lead to third-party websites. Members are likewise solely responsible for such content found on linked websites and represent, warrant and agree that the content shall comply with the rules set forth in this Terms of Service and Use.

You represent, warrant and agree that no materials of any kind submitted by you or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, constitute any Prohibited Items, or contain libelous, defamatory or otherwise unlawful material, or violate any other laws or regulations.

You understand and agree that Multiply may, but is not obligated to, review and delete any Member Content that, in the sole judgment of Multiply, violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Multiply, Multiply’s Members or users, or the public, without notice. Multiply assumes no responsibility for monitoring the content posted on the Website by Members or the conduct of its Members.

Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.

You retain all ownership rights in your Member Content. However, by posting Content to the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Multiply (and its successors) an irrevocable, perpetual, non-exclusive, assignable, royalty free, worldwide license to use, copy, perform, display, distribute and to prepare derivative works of such Content in connection with the Website and the Service, and to grant and authorize sublicenses of the foregoing.

The following is a partial list of the kind of Content that is illegal or prohibited on the Website (“Prohibited Content”). Multiply reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision including, without limitation, removing the offending communication from the Website and terminating the membership of such violators and reporting you to law enforcement authorities. It includes Content that:

  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of “junk mail,” “chain letters” or unsolicited mass mailing or “spamming”;
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • displays pornographic or sexually explicit material of any kind;
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses or would otherwise create liability or violate any local, state, national or international laws;
  • solicits passwords or personally-identifying information for commercial or unlawful purposes from other users;
  • engages in commercial activities such as contests, sweepstakes, barter, advertising and pyramid schemes; and
  • solicits people you don’t know to add you or accept you as a contact on Multiply;
  • impersonates any person or entity, or falsely states or otherwise misrepresents yourself, your age, or your affiliate with any person or entity;
  • contains the private information of any third party including without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
  • blocks, removes or otherwise obscures the display of advertisements that appear on Multiply, or attempts to do so;
  • blocks, removes or otherwise obscures the main navigational elements of Multiply, or attempts to do so;
  • 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;
  • contains in the sole judgment of Multiply, matter that is objectionable or which restricts or inhibits any other person from using or enjoying the Multiply Website or which may expose Multiply or its Members or users to any harm or liability of any type.

Even though all of this is strictly prohibited, there is always a chance that you might become exposed to such items from other Members or Member Content. Multiply is not responsible for the content that Members submit and you hereby waive any legal or equitable rights or remedies you may have against Multiply related to such exposure.

You must use the Service in a manner consistent with any and all applicable laws and regulations.

You may not engage in advertising to, or solicitation of, other Members to buy or sell any commercial products or commercial services through the Service, unless you are using an account that is identified as an “online seller” (as described above). You may not engage in advertising to, or solicitation of other Members to buy or sell any personal products or services except in the designated Market area of your site, or if you are using an account that is identified as an “online seller” (as described above). You may not transmit any chain letters or junk e-mail to other Members. Although Multiply cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Website or Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Multiply reserves the right to restrict the number of messages which a Member may send to other Members in any 24-hour period to a number which Multiply deems appropriate in its sole discretion.

We reserve the right to limit the number of times and/or the frequency with which any video or music file hosted on the Multiply Website can be downloaded and played.

Mobile Services

Some features of, or services provided through, the Website are available via mobile device, including the ability to browse Multiply content; upload certain content to Multiply; the ability to receive and reply to messages (collectively the “Mobile Services”). We do not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding Multiply and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Multiply account information to ensure that your messages are not sent to the person that acquires your old number.

Copyright Policy

If you believe that any Member Content or other material on the Multiply.com Website infringes upon any copyright that you own or control, you may submit a notification to Multiply pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Copyright Agent with the following information in writing: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written 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; (6) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please send your notification to the attention of Multiply’s Designated Copyright Agent to receive notification of infringement claims at:

6001 Park of Commerce, Suite 300, Boca Raton, FL 33487
E-mail: support@multiply.com.

Termination of Membership for Repeat Infringers

Multiply, in appropriate circumstances and at Multiply’s sole discretion, will terminate the membership of Members who are deemed to be repeat infringers. Multiply may also at its sole discretion limit access to the Website and/or terminate the memberships of any Members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Member Disputes

You are solely responsible for your interactions with other Multiply Members or third parties. Multiply reserves the right, but has no obligation, to monitor disputes between you and other Members or third parties.

Links to Third Party Sites

Any links included within the Website that take users out of the Website are not owned by or under the control of Multiply and Multiply assumes no responsibility for the content, privacy policies or practices of any third party Website. Use of such third party sites shall be at your own risk and is subject to the policies and procedures of the owner of such site. We encourage you to read those policies and know your rights.

Transactions with Organizations or Individuals

Multiply shall not be liable for your interactions with any organizations and/or individuals found on or through the Multiply Service. This includes, but is not limited to, payment and delivery of goods and services, disclosure of your personal information, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree that Multiply is not responsible for any damage or loss incurred as a result of any such dealings. Multiply is under no obligation to become involved in disputes between participants on the site, or between participants on the site and any third party. In the event of a dispute, you release and shall indemnify and hold harmless Multiply, its officers, directors, employees, shareholders, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Service.

Privacy Policy

Use of the Website and/or the Service is also governed by our Privacy Policy. By using the Website or the Service, you agree to the terms of this Privacy Policy.

Disclaimers

Multiply is not responsible or liable in any manner for any Member Content posted on the Website or in connection with the Multiply Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. Although Multiply provides rules for Member conduct and postings, we do not control and are not responsible for what Members post on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Service, the Website or in connection with any Member Content. Multiply is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Multiply 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 or Member communications. Multiply is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Multiply be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the Service, any content posted on the Website, including Member Content, or transmitted to Members, or any interactions between users of the Website, whether online or offline. THE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS” AND MULTIPLY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MULTIPLY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR THE SERVICE. The Service may be temporarily unavailable from time to time for maintenance or other reasons. No advice or information, whether oral or written, obtained by user from Multiply or through or from the Service shall create any warranty not expressly stated herein.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL MULTIPLY OR ANY OF ITS CORPORATE PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AFFILIATES, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ALSO LOST PROFITS AND LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR THE MULTIPLY SERVICE OR ANY CONTENT OR OTHER MATERIALS ACCESSED THROUGH THE WEBSITE, EVEN IF MULTIPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MULTIPLY’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, IF ANY, BY YOU TO MULTIPLY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.

Disputes

If there is any dispute about or involving this Agreement, the Website and/or the Service between you and Multiply, you agree that the dispute will be governed by the laws of the State of Florida without regard to its conflict of law rules. You agree to the exclusive jurisdiction and venue of the Florida state courts in and for Palm Beach County, Florida and the Federal Courts in and for the Southern District of Florida. You waive any right to a trial by jury in any such action.

Indemnity

You agree to defend, indemnify and hold harmless Multiply, its corporate parents and subsidiaries, officers, directors, employees and agents (the “Multiply Indemnitees”) with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees arising out of or in connection with any Member Content, your use of the Multiply Service or Website, your conduct in connection with the Services or Website or with other users or Members of the Services or the Website, or any breach of this Agreement. Notwithstanding the foregoing, Multiply retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of actions which are brought against Multiply herein under the terms and provisions of this Section and in no event shall you settle any such claim without Multiply’s prior written approval.

General Practices Regarding Use and Storage

You acknowledge that Multiply may establish general practices and limits concerning use of the Service including, without limitation, the maximum number of days that messages or other uploaded Content will be retained by the Service, the maximum number of messages that may be sent from or received by an account on the Service, the maximum size of any message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Multiply’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Multiply has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Multiply reserves the right to log off or cancel accounts that are inactive for an extended period of time. You further acknowledge that Multiply reserves the right to modify these general practices and limits from time to time.

Preservation of Materials

You acknowledge and agree that Multiply may preserve any materials submitted or posted by you (including e-mails, profiles, postings or other content) and may disclose such material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce this Agreement; (3) respond to claims that any material violates the rights of third parties; or (4) in our sole judgment, protect the rights, property, or personal safety of Multiply, its Members, employees or the public.

No Agency

The terms and provisions of this Agreement shall not be interpreted as creating an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Multiply and any user of the Service. A Member may not bind or obligate Multiply without Multiply’s prior written consent.

Special Admonitions for International Use

As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Miscellaneous

This Agreement contains the entire agreement between you and Multiply regarding the use of the Website and/or the Service. The failure of Multiply to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Multiply without restriction.

Subscription Services

Subscription Services
Some features of, or services provided through, the Website require a fee-based subscription (all fee-based features and/or services are referred to herein as “Subscription Services”). By purchasing Subscription Services, you agree that your subscription is personal to you and that you will not transfer or make available your account name and password to others, including without limitation your friends, co-workers and other contacts. Any distribution of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use. From time to time, Subscription Services may change without notice.

Payment
Prices for Subscription Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you are responsible for any applicable taxes, whether or not they are listed on your receipt or statement. If you purchase Subscription Services, you agree to pay, using a valid credit card (or other form of payment that Multiply may accept from time to time), the applicable fees and taxes (if any) set forth on the Website. Multiply reserves the right, upon prior notice to you, to change the amount of any fees and to institute new fees, effective at the end of your current subscription period. All authorized charges will be billed to your designated credit card account (or other payment method) on the terms described in the specific offer. If payment cannot be charged to your credit card or your payment is returned to Multiply for any reason, Multiply reserves the right to either suspend or terminate your access to Subscription Services.

Refund Policy
Payment for Subscription Services is non-refundable.

Automatic Renewal Program
By purchasing Subscription Services, you authorize Multiply to automatically renew your Subscription Services following the end of your then-current subscription. This is to ensure continuous service. You further authorize Multiply to charge the credit card on file for your account at the then-current subscription rate unless you provide Multiply with prior notice that you are canceling your subscription before the renewal date. Please note that even if you provide notice, charges applied before Multiply can reasonably act are non-refundable.

Cancellation/Termination of Subscription Services
You may cancel Subscription Services at any time by contacting Multiply customer service. Multiply will attempt to process all cancellation requests within 72 hours. Please contact Multiply customer service (http://multiply.com/info/inquiry) to cancel your automatic renewal, cancel your subscription, and/or change your payment method. In addition, Multiply reserves the right to terminate your Subscription Services if Multiply determines, in its sole discretion, that you are not complying with the Terms of Service. Any such cancellation or termination is subject to the no-refund policy as described above.

Self Serve Advertising

The following terms apply to ads purchased through the Multiply Promote™ self-serve advertising platform:

  1. When you place an Order, you will tell us the country and category you want your ad to target, and the amount you want to spend. We will deliver your ads as inventory becomes available.
  2. You will pay for your Orders in accordance with our Advertising Payment Terms outlined below.
  3. Your ads will comply with our Advertising Guidelines.
  4. We will determine the size, placement, and positioning of your ads.
  5. We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
  6. You can cancel “Bill Me Later” Orders at any time via the Ad Accounting page, but it may take up to 24 hours before the ad stops running. You are responsible for paying for the portion of the ads served prior to the cancellation taking effect.
  7. We can use your ads and related content and information for marketing or promotional purposes.
  8. You will not issue any press release or make public statements about your relationship with Multiply without written permission.
  9. We may reject or remove any ad for any reason.If you are placing ads on someone else’s behalf, we need to make sure you have permission to place those ads, including the following:
  10. You warrant that you have the legal authority to bind the advertiser to this Statement.
  11. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.

Advertising Payment Terms

You acknowledge that Multiply (together with its affiliates) reserve the right to charge for the Multiply Promote™ Advertising Service or any portion thereof and to change the fees for such service from time to time in Multiply’s sole discretion, including, without limitation, by changing the manner in which fees are calculated and in connection with contests, incentives, promotions or donations. Charges to your account shall be calculated by Multiply based on Multiply’s then applicable rates and measurement tools. If Multiply removes your ad or suspends or terminates your access to the Multiply Promote™ Services, you will not be entitled to a refund of any portion of fees or payments applicable to the Multiply Promote™ Service already performed including Ads delivered.

Unless otherwise noted, all stated charges are in United States dollars and payments by you shall be made in United States dollars. You may prepay by credit card, PayPal or GCASH (in the Philippines only) and should review the terms and conditions for “Prepaid Users” below. You may also choose a Bill Me Later option, and should review the terms and conditions for “Bill Later Users” below. Multiply, in its sole discretion, may accept or reject any User as a Bill Later User at any time.

For Prepaid Users: You must submit a valid credit card (or PayPal or GCASH account), which will be kept on file prior to a campaign becoming active on the Multiply Promote™ Service. You represent, warrant and covenant to Multiply that you will not submit a credit card (or PayPal or GCASH account) to the Multiply Promote™ Service unless you are the lawful owner of such credit card (or account) or are fully authorized by the card’s (or account’s) owner to use such credit card (or account) in connection with Multiply Promote™ Service. If at any time you do not have full legal rights to authorize charges on the card (or account), you will immediately remove such card (or account) from your Multiply account and suspend any applicable advertising campaigns that rely on such card (or account). If your credit card (or account) on file is deactivated, its credit limit is reached or exceeded, or such credit card (or account) otherwise becomes invalid, Multiply may, in its sole and absolute discretion, suspend all of your active Multiply Promote™ Ad campaigns until a valid credit card (or account) is submitted. You hereby authorize Multiply and its agents to charge the credit card (or account) on file to collect any fees or amounts that may be owed in connection with the Multiply Promote™ Service under this Agreement. Your authorizations will remain in full force and effect while you maintain your credit card (or account) on file with the Multiply Promote™ Service.

For Bill Later Users: For Bill Later Users, Multiply has the right to discontinue your Bill Later privileges, at any time and in its sole and absolute discretion. All campaigns will be invoiced after the campaign is submitted. Invoices are sent on the 15th and 30th days of each month (the 28th of February). Payment terms are “Net 30 Days” and the User must pay all fees no later than 30 days after the date of invoice.

If for any reason Multiply does not receive timely payment from you or the credit card (or account) on file, you shall pay all amounts due upon demand, and any amounts not paid by you when due shall be assessed a finance charge of 1.5% per month or the legal maximum, whichever is less. In addition to other rights and remedies at law, in equity and under this Agreement, Multiply may suspend or terminate your Multiply account, remove or suspend your Multiply Promote™ Ads and may collect fees using other collection mechanisms. You are solely responsible for any and all costs and expenses incurred by Multiply in the collection of fees under this Agreement (including without limitation attorney’s fees). Refunds and credits, if any, shall be made at the sole discretion of Multiply and only in the form of advertising credit to be used on the Multiply Promote™ Service unless otherwise determined by Multiply. You acknowledge that changes you make to your Multiply Promote™ Ad(s), including without limitation suspension or termination thereof may not take effect immediately, and you agree to pay all charges accrued during any such delay in effectiveness.

You acknowledge and agree that any credit card and/or related billing and payment information that you provide to Multiply Promote™ may be shared with its service providers, such as payment processors, for the purposes of validating your credit card, effecting payment to Multiply and servicing your User Account. Multiply does not control such services, and shall not be liable for any use or disclosure of such information by such service providers. Collection, storage and processing are governed by the applicable service provider’s terms and conditions.

Upon the termination of your User Account, Multiply has no obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation or other information in connection with any transactions through the Multiply Promote™ Service. You should maintain records of all transactions and other data associated with your use of the Multiply Promote™ Service. If you have any questions regarding your User Account or believe that there is an error or unauthorized transaction or activity associated with your User Account, please contact us.

Please contact us with any questions regarding this Agreement.

Multiply is a trademark of Multiply, Inc.