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March 10th, 2010

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Step 1 of 4: Accept Terms of Service

1. ACCEPTANCE OF TERMS Your life story does matter! As such CMyLife Inc. also to be known as from this point on as CMylife.net (the website) provides a collection for benefit of archival purpose of online Auto Biographical Stories, including advice, inspirational content, humor and opportunities for unlimited types of positive public feedback, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular CMyLife.net services, you agree to abide by any applicable posted guidelines for all or our services, which may change from time to time. Should you object to any term or condition of the TOU, our guidelines, or any subsequent future modifications thereto or become dissatisfied with CmyLife.net in any way, your only recourse is to immediately discontinue use of CMyLife.net. 2. MODIFICATIONS TO THIS AGREEMENT We reserve the right, at our sole discretion, to modify, change or alter these terms and conditions at any time. Such modifications shall become effective immediately upon posting. You must review this agreement periodically to keep yourself apprised of any changes. You can find the most recent version of the TOU at: http://www.cmylife.net/policy/tou 3. CONTENT You understand that all stories, updates, 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 our service. You also understand that CMyLife.net will retain all publishing, and copy rights to stories stored here, but is not responsible for Content made available through this service, and that by using our service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the CMyLife.net site and Content available through the Service may contain links to other websites, which are completely independent of CMyLife.net. CMyLife.net makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site or ours. Your venture to any other website/s 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 CMyLife.net 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 our Service. You acknowledge that CMyLife.net may pre-screen to approve Content, but that CmyLife.net shall have the right (but not the obligation) in its sole discretion to refuse, delete or remove any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason. You further understand that our site is for the sole purpose of allowing any individual the chance to document their positive memories for future generations and family so that we are not in service to and will not allow anyone to hurt, insult or belittle or post negative remarks associated with any person place or thing. We will abide by the old phrase; “if you have nothing good to say about someone don’t say it at all.” 4. THIRD PARTY CONTENT, SITES, AND SERVICES This CMyLife.net site and Content are made available through our Services and may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of CMyLife.net, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You may not participate in any trade interactions with organizations and/or individuals used through our facility. As such, any interactions about said topic must be pre-authorized by CMyLife.NET, where CMyLife.NET acts and the intermediary for both parties. 5. NOTIFICATION OF CLAIMS OF INFRINGEMENT If you believe that your work or our publishing rights have been plagiarized in anyway that constitutes as copyright, publishing, or trademark infringements, or an infringement of your intellectual rights; please notify a CMyLife.NET agent at: info@cmylife.net or Copyright Agent CmyLife.net PO Box 270149 Louisville, CO 80027 Please provide our Agent with the following Notice: a) Identify the material on the CmyLife.net site, With your login name (email address) identity that you claim has been infringed upon, with enough detail so that we may locate it within our website; Be advised that all material posted for the benefit of our services can not be considered infringed upon by CmyLife.net or it’s officers or employees of an internal working nature. b) A statement by you that you have a good faith belief that the disputed use is not authorized and being used by anyone other than the copyright owner, it’s agent or our service; c) A statement by you declaring under penalty of perjury that (1) the above information in your Written 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 this publisher or an owner; d) Your address, telephone number, and email address; and e) Your physical or electronic signature-which by the nature of our service is considered binding with original registration. If CMyLife.net is involved or at fault we will remove the infringing information, documentation or other materials subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). 6. PRIVACY AND INFORMATION DISCLOSURE CMyLife.net has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: http://www.cmylife.net/policy/privacy/ Be aware we collect some personal information upon registration so that in the future, anyone, generations from now that would know that information would be able to search our site with it to help them narrow a search specifically to your story. But if it is not let known by your story the personal information such as your email or address, city born, or date of birth etc. are not available to the general public. They would have to know that information themselves. We will never provide any of that information publicly. Your use of the CmyLife.net website or any of our services signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that although CMyLife.net is not in the business or building our government databases we may, in our sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by warrant or law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with any legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of CMyLife.net, its users or the general public. 7. CONDUCT You agree not to post negative content, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to people or minors in any way; b) that has anything to do with blatant SEX (not to be confused with love/s or emotional behavior) or any such private acts that are not and should not be part of this family oriented site; KEEP IT CLEAN FOLKS! c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals that would constitute thoughts of discrimination or a violation of the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract; d) that impersonates any person or entity, including, but not limited to, a CMyLife.net employee, 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 fore this site was not designed for such activity or purpose); e) that includes personal or identifying information about another person without that person's explicit consent; f) 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 including and not limited to the rights held by Cmylife.net g) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; h) that constitutes or contains any form of advertising or solicitation if: posted in areas of the CMyLife.net sites which are not designated for such purposes; or emailed to CMyLife.net users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. i) that includes links to commercial services or web sites, except as allowed in "our services": http://www.cmylife.net/policy/submission j) that 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; k) 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 l) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content posted on our Service. Additionally, you agree not to: m) contact anyone who has not asked or asked not to be contacted; n) "stalk" or otherwise harass anyone; o) collect personal data about other users for personal, commercial or unlawful purposes; p) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by CmyLife.net; q) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; r) attempt to gain unauthorized access to CmyLife.net’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, our service or the CmyLife.net website; or s) use any form of automated device or computer program that enables the submission of postings on CMyLife.net without each posting being manually entered by the actual author or their representative 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. 8. POSTING AGENTS A "Posting Agent" is a third-party agent, service, or intermediary person that participates in providing content to our website on behalf of others. To moderate demands on CMyLife.net 's resources, you may only use an approved Posting Agent to post your content to this service, unless you choose to control the process yourself under our customary terms and fees. Correspondingly, our Posting Agents are not permitted to post Content on behalf of others without first confirming the content has been grammatically cleaned up, or to cause postings to be so established that it further burdens the editing staff without proper payment for said services, or otherwise access the service to facilitate adding content on behalf of others, except with express permission or license from CMyLife.net itself. 9. NO SPAM POLICY You understand and agree that sending unsolicited email advertisements to our site or email addresses or through CmyLife.net computer systems, which is expressly prohibited by these terms, will use or cause to be used servers located in any jurisdiction. And that fines may be incurred. Any unauthorized use of CmyLife.net computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Section 1 Title 6 of the Colorado Revised Statutes, Article 2.5-101, 102, 103, and 104. Such violations may subject the sender and his or her agents to civil and/or criminal penalties. 10. PAID POSTINGS We charge a fee to post Content in some areas of this service. The fee is an initial access fee permitting your stories photos and other memories to be posted in your designated area. Each party establishing an account for our service is responsible for said content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating our Terms Of Use. Other additional fees may make our service much more compatible with your taste. And may be considered non refundable under certain circumstances. 11. LIMITATIONS ON SERVICE You acknowledge that CMyLife.net has not at this time, but may establish limits concerning use of the Service, the maximum number and size of your content, or other postings that may be stored by the Service, and the frequency with which you may utilize the editing Services. You agree that CMyLife.net has no responsibility or liability for the accidental deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that CMyLife.net reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that CMyLife.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 12. ACCESS TO THE SERVICE CMyLife.net grants you a limited, revocable, nonexclusive license to access the Service for your own personal use provided you have paid for our service or are utilizing our Posting Agents. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of content nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by CMyLife.net. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in the business of achieving Biographical or autobiographical information. CMyLife.net does not permit you to display on your web-page, or create a hyperlink on your website unless your web content is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one (1) posting, your use will be presumed to be in violation of the TOU, absent express permission granted by CMyLife.net to do so. You may also create a hyperlink to the home page of CMyLife.net sites so long as the link does not portray CMyLife.net, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access granted to you by CMyLife.net CMyLife.net immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the content or services or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from CmyLife.net. 13. TERMINATION OF SERVICE You agree that CMyLife.net, 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 CMyLife.net believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that CMyLife.net shall not be held 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. Sections 2, 4, 6 and 10-16 shall survive termination of the TOU. 14. PROPRIETARY RIGHTS The Service is protected to the maximum extent permitted by copyright, publishing laws and international treaties. Content displayed on or through this website is protected by copyright as a collective work and/or compilation, pursuant to all publishing doctrine and copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the Web content, stories or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of CMyLife.net with the exception of the few areas of our site designed for just such a purpose and indicated as so. You further agree not to reproduce, duplicate or copy any Content from the Service without the express written consent of CMyLife.net, and agree to abide by any and all copyright notices displayed on the Service. Colorado Law dictates that you may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect or story contained for the benefit of this service. CMyLife.net has applied for and will be a registered mark in the U.S. Patent and Trademark Office. As Publisher CMyLife.net will claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to CMyLife.net an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, publish, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public and non public area of the Service, you automatically grant CmyLife.net all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any and all other party/s for any purpose. 15. AGENCY AGREEMENT Any person or organization has the right and ability to contact CMyLife.net openly for the sole purpose of purchasing our rights to any story/content within our site. We reserve all copy write and publishing rights to these stories and other Content posted and as such will negotiate the appropriate fees to allow future reissues. If there is the ability determined by CmyLife.net to sell a story then we also reserve the rights to a reasonable Fee/s and any and all potential royalties. Any said royalties may be passed by percentage direct to the participant who’s story is purchased at the sole discretion of CmyLife.net. If for any reason we feel that material is available for resale and negotiate in good faith for the benefit of CMyLife.net then we will further consider the originators rights to reasonable royalties as a percentage of not more than 3% net unless other arrangements have been made in writing in advance. 16. DISCLAIMER OF WARRANTIES As time goes on technology and our ability to upgrade and provide additional services are stated with the understanding that you the user agree that use of the CMyLife.net site and the service is entirely at your own risk. The CMyLife.net site and the services we provide are on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, CmyLife.net disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of this digital time capsule site and the service. To the fullest extent permitted by law, CMyLife.net disclaims any warranties for other services or goods received through or advertised on the CMyLife.net site or the sites or service, or accessed through any links on the CMyLife.net site. To the fullest extent permitted by law, CMyLife.net disclaims any warranties for viruses or other harmful components in connection with the CMyLife.net site or the service. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. 17. LIMITATIONS OF LIABILITY Under no circumstances shall CMyLife.net be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if CmyLife.net has been advised of the possibility of such damages or actions), resulting from any aspect of your use of the CMyLife.net site or the service, whether the damages arise from misuse or use of the CMyLife.net site and our services, from inability to use the CMyLife.net site or our other services, or the interruption, suspension, modification, alteration, or termination of this site or the other services. Such limitation/s shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the CmyLife.net site or the service or any links provided on the CmyLife.net site, as well as any information or advice received through or advertised in connection with the CMyLife.net site or the other offered services including any links on the CmyLife.net site. These limitations shall apply to the fullest extent allowed by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. 18. INDEMNITY You agree to indemnify and hold CMyLife.net, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another. 19. GENERAL INFORMATION The TOU constitute the entire agreement between you and CMyLife.net and govern your use of this service, superceding any prior agreements between you and CMyLife.net. The TOU and the relationship between you and CMyLife.net shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions. You and CMyLife.net agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Boulder, Colorado. The failure of CmyLife.net to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed for arbitration within Six (6) Months after such claim or cause of action arose or be forever barred. 20. VIOLATION OF TERMS AND LIQUIDATED DAMAGES Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: info@CMyLife.net Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for CmyLife.net to pursue legal action to enforce these Terms, you will be liable to pay CmyLife.net the following amounts as liquidated damages, which you accept as reasonable estimates of CMyLife.net’s damages for the specified breaches of these Terms: a. If you post a story that (1) impersonates any other person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay CMyLife.net one thousand dollars ($1,000) for each occasion. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures. Although we would prefer that you refrain from such and act. Our website is designed for truthful accounts of individuals recollections. b. If CMyLife.net establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay CMyLife.net one hundred dollars ($100) for every offense in excess of such limits or for each day on which you access CMyLife.net in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to CMyLife.net email addresses or through CmyLife.net computer systems, you agree to pay CmyLife.net twenty five dollars ($25) for each such email. d. If you post Content in violation of the TOU, other than as described above, you agree to pay CMyLife.net one hundred dollars ($100) for each Item of Content recognized as an infringement against the TOU. In its sole discretion, CMyLife.net may prefer to issue a warning before assessing damages. e. If you are a Posting Agent that uses this service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay CMyLife.net one hundred dollars ($100) for each and every item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay CmyLife.net an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU. f. If you aggregate, display, copy, publish, duplicate, reproduce, or otherwise exploit for any purpose any Content in violation of these terms without CmyLife.net 's express written permission, you agree to be held liable in a court of law subject to this determination by our company and our attorneys. Otherwise, you agree to pay CmyLife.net 's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, CmyLife.net retains the right to seek the remedy of specific performance of any or our terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof. 21. FEEDBACK We welcome your questions and comments on this document or any other aspect of our site in the hopes of improving your experience and that of others. There may or may not be a formal response to your comments, but you may feel free to offer your suggestions in the CmyLife.net feedback forum: http://www.cmylife.net/feedback We thank you for participating in building the world’s most comprehensive and best source of information through real-life stories. (We strive to post stories with little or no fabrication.)
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