WEB SITE TERMS AND CONDITIONS
The following terms and conditions ("Terms and Conditions") govern your use of the World Wide Web Site located at
www.myregistry.com and www.modernminiregistry.com (the “Site”). By accessing, viewing, or using this Site or the content, material, services or any other item or offering available on or through this Site, you represent that you have read and understand these Terms and Conditions, and you agree to them and intend to be legally bound by them. If you do not agree to and intend to be legally bound by these Terms and Conditions, you are not granted permission to use this Site and must exit immediately.
My Life Registry LLC And modernmini Registry (“MyRegistry And modernmini Registry”) reserves the right at any time to modify, alter, or update these Terms and Conditions. Notice of any new or revised Terms and Conditions, as well as the location of the new or revised Terms and Conditions, will be posted on the Site for at least 60 days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to these Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made.
The Site and Site Materials (defined below) are available only to individuals at least 18 years of age, and to individuals between 13 and 18 years of age who have their parent’s consent to use the Site or Site Materials and to be bound by these Terms and Conditions. If you are not at least 18 years of age, or if you are between 13 and 18 years of age but do not have your parent’s consent to use the Site or Site Materials and to be bound by these Terms and Conditions, you are not granted any right or permission to use the Site or Site Materials and you must exit the Site immediately.
1. Proprietary Rights
All works of authorship, information, content, functional components, software, downloads, upgrades, documentation, service packages, services, and material and any other item or offering appearing on, made available via, or contained in this Site (“Site Materials”) are protected by law, including, but not limited to, United States copyright law. Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, recordings, drawings, sketches, artwork, images, text, forms, algorithms, and look and feel attributes), and any and all right, title, and interest therein, are exclusively the property of MyRegistry (including, without limitation, all copyrights therein) or MyRegistry’s affiliates, licensors or suppliers or other respective intellectual property owners. All rights reserved. MyRegistry owns a copyright in this Site as a collective work and compilation, and in the selection, coordination, arrangement, organization, and enhancement of the Site Materials.
Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or any Site Materials or any other proprietary information of MyRegistry without MyRegistry’s advance written consent, is prohibited.
You may use this Site and the Site Materials only for your personal, non-commercial purposes. Any commercial use of the Site and/or any or all Site Materials, in whole or in part, without the prior written consent of MyRegistry is prohibited.
All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to MyRegistry, its affiliates, partners, licensors, or suppliers or other respective intellectual property owners. Any misuse or other unauthorized use of these trademarks is expressly prohibited and may violate federal and state trademark law.
2. Materials Submitted to the Site
This Site may allow you to directly or indirectly post, select, designate, or provide information, photographs, questions, and other materials to this Site. MyRegistry does not guarantee the accuracy or completeness of any postings or other contributions to the Site and is not responsible or liable for any postings or other contributions. By posting, selecting, designating, or providing information, photographs, questions, and/or other materials (“User Materials”), you represent, warrant, and covenant that you have the full legal right to post, select, designate, and/or provide the User Materials and that use of the User Materials by you, MyRegistry, and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation; (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene or otherwise violate any community or Internet standard; (e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such or that are intended to do any of the foregoing; (f) result in product liability, tort, breach of contract, personal injury, death, or property damage; (g) constitute misappropriation of any trade secret or know-how; or (h) constitute disclosure of any confidential information owned by any third party.
Upon your posting, selecting, designating, or providing of User Materials, you grant MyRegistry, and MyRegistry thereby accepts, a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, the User Materials for the purpose of providing the Site and Site products and services and for all other business purposes of MyRegistry, all without any compensation to you whatsoever. Further, MyRegistry is free to use any ideas, concepts, photographs, methods, know-how, techniques, and processes contained in any User Materials for any purpose whatsoever, including, but not limited to, creating and marketing products, information, or services using such information.
MyRegistry may remove User Materials from the Site for any or no reason, in MyRegistry’s sole discretion, with or without notice. MyRegistry shall not be responsible for changes, modifications, or removal any User Materials.
If you believe that any content or postings on this Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 9 of these Terms and Conditions.
3. Third Party Materials, Products and Services
Parties other than MyRegistry may provide products or services via or referenced on the Site. MyRegistry expressly disclaims any and all responsibility for or related to (a) the accuracy and completeness of any and all third-party information, products and/or services or (b) the transactions you conduct or enter into with these third parties.
4. Nature of the Internet
Given the nature of the Internet, the transmission of any communication or material to MyRegistry via the Site or Internet electronic mail, whether encrypted or otherwise, cannot be guaranteed as, and is not represented to be, secure. Alternative to communicating via the Internet or electronic mail, MyRegistry can be contacted by regular mail at P.O. Box 1646 Fort Lee, NJ 07024, or by facsimile at (212) 414-4731.
5. Privacy Statement
MyRegistry has a Privacy Statement setting out MyRegistry’s online information gathering and dissemination practices with respect to the Site. Click
Here to view the Privacy Statement, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein.
6. Disclaimer of Warranty and Liability
THIS SITE AND THE SITE MATERIALS ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THIS SITE AND THE SITE MATERIALS IS ENTIRELY AT YOUR OWN RISK.
MYREGISTRY MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE SITE MATERIALS, AND THE USER MATERIALS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, AND EFFORT WITH REGARD TO THE SITE AND ANY AND ALL SITE MATERIALS AND USER MATERIALS IS WITH YOU.
MYREGISTRY SHALL NOT HAVE ANY RESPONSIBILITY OR ASSUME ANY LIABILITY FOR ANY DATA, INFORMATION, OR MATERIAL UPLOADED TO THE SITE, MADE AVAILABLE VIA THE SITE, OR TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE, SITE MATERIALS, OR USER MATERIALS.
NEITHER MYREGISTRY, NOR ANY OF ITS DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES SHALL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE SITE, THE SITE MATERIALS, THE USER MATERIALS, OR THE USE OF, ACCESS TO, OR INABILITY TO ACCESS OR USE THIS SITE, THE SITE MATERIALS, OR THE USER MATERIALS, REGARDLESS OF LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR STRICT LIABILITY), WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF MYREGISTRY TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS, OR THE USER MATERIALS EXCEED THE PRICE PAID BY YOU FOR USE OF THIS SITE.
7. Corrections and Changes to Site and Site Materials
MyRegistry endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, MyRegistry is not responsible for any errors or omissions in the Site or Site Materials. MyRegistry may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and MyRegistry makes no commitment to update the information contained on or in this Site. MyRegistry reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.
8. Indemnification
You agree to defend MyRegistry and its affiliates, directors, officers, employees, agents, representatives, members, proprietors, partners, shareholders, servants, principals, predecessors, successors, assigns, accountants, attorneys, and contractors (“MyRegistry Indemnitees”) against all claims, actions, suits, and other proceedings of third parties arising out of or incurred in connection with: this Site, the Site Materials, or the User Materials; your use of this Site, the Site Materials, and the User Materials; your fraud, violation of law, or willful misconduct; the acts or omissions of any third party; or, any breach by you of these Terms and Conditions (collectively, “Claims”) and you agree to indemnify and hold all MyRegistry Indemnitees harmless from and against all judgments, losses, obligations, risks, liabilities, damages, costs, settlements, and expenses (including, but not limited to, reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of MyRegistry.
9. Complaint Procedure
If you believe that any content or postings on this Site violate your intellectual property or other rights, please send to MyRegistry at the address listed in Section 4, addressed to the attention of Web Manager, a comprehensive detailed notice setting forth all applicable facts and assertions, including (1) your address, telephone number and e-mail address, (2) a statement by you that you have a good faith belief that the disputed use is not authorized by you or owner of the item or rights, your or the owner’s agent, or law, (3) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the item or rights in question or are authorized to act on the owner's behalf, and (4) your electronic or physical signature or the electronic or physical signature of the owner of the item or right in question. Additionally, if the item or right in question involves one or more copyrights, your notice must be made in accordance with the requirements of the Digital Millennium Copyright Act, including (a) a description of the copyrighted work that has been infringed and the specific location on the Site where such work is located and (b) a description of the location of the original or an authorized copy of the copyrighted work.
10. Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither MyRegistry nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
11. Links to Other Web Sites
This Site may, from time to time, contain links to third-party Internet Web sites for the convenience of users in locating, identifying, referencing, and/or purchasing information, products, or services. These links may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. These sites are maintained by organizations over which MyRegistry exercises no control, and MyRegistry expressly disclaims any and all responsibility for the content (including, without limitation, information, links, text, graphics, and other items), completeness, and accuracy of and errors and omissions related to such Web sites and the information, offers, products, and services provided or offered by or advertised on these third-party sites, including, without limitation, the availability and pricing of any products or services. MyRegistry additionally disclaims any and all responsibility for the transactions that you conduct or enter into with the owners or operators of these Web sites. Further, neither MyRegistry nor its affiliates endorses the individuals, companies, or other persons or entities, or any products or materials associated with such individuals, companies, or other persons or entities, that provide products, information, or services.
WITHOUT LIMITING ANYTHING ELSE IN THESE TERMS AND CONDITIONS OR OTHERWISE, MYREGISTRY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE PRODUCTS OR SERVICES AVAILABLE VIA OR ON THESE SITES OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER, LICENSOR, THIRD PARTY, OR AFFILIATE. WITHOUT LIMITING ANYTHING ELSE, MYREGISTRY WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY OTHER THIRD PARTY OR OTHERWISE. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
12. Governing Law and Jurisdiction
Except as otherwise expressly provided in any other written agreement between you and MyRegistry, these Terms and Conditions, including, without limitation, the Privacy Statement, represent the entire agreement between you and MyRegistry with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules;
PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS OR THE CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS AND CONDITIONS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. . By accessing, viewing, or using any of the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in New York, New York, U.S.A., and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
13. Securities Information
This Site and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. This Site may contain information and press releases about MyRegistry, and although this information was believed to be accurate as of the date prepared, MyRegistry disclaims any duty or obligation to update such information. To the extent that any information is deemed to be a “forward looking statement” as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the “safe harbor” for forward looking information and is subject to material risk factors which may or may not be disclosed herein.
14. Miscellany
This Site is controlled and operated by MyRegistry from its offices within the United States. Without limiting anything else, MyRegistry makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations. Access to them from territories where they are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable laws. Headings used in these Terms and Conditions, including, without limitation, the Privacy Statement, are for reference only and shall not affect the interpretation of these Terms and Conditions (or the Privacy Statement). The waiver or failure of MyRegistry to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any other rights established under these Terms and Conditions.
NEITHER THESE TERMS AND CONDITIONS, NOR ANY RIGHTS OR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, MAY BE ASSIGNED, DELEGATED, TRANSFERRED, OR MADE THE SUBJECT OF A SECURITY INTEREST OR OTHERWISE ENCUMBERED, IN WHOLE OR IN PART, BY YOU WITHOUT THE PRIOR WRITTEN CONSENT OF MYREGISTRY. ANY ASSIGNMENT IN VIOLATION OF THIS PARAGRAPH SHALL BE VOID.
Effective: May 3, 2006.
Copyright ©2003-2006 My Life Registry LLC And modernmini Registry. All rights reserved.