Last Updated: August 31, 2010
1. Your Responsibilities.
. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. In addition, you agree not to use the MakeYourTake Network to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, 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; (e) stalk, harass, or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the MakeYourTake Network; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (g) artificially inflate or alter member rankings or points, or participate in any other organized effort that in any way artificially inflates or alters the results of the MakeYourTake Service; or (h) interfere with or disrupt the MakeYourTake Network or servers or networks connected to the MakeYourTake Network, or disobey any requirements, procedures, policies, or regulations of networks connected to the MakeYourTake Network.
2. Registration; Service Communications
You can browse the MakeYourTake Network without registering. In order to post any content or access certain features of the Service, you must register with the MakeYourTake Network and select a password and screen name ("MakeYourTake Network User ID"). You may not select or use as a MakeYourTake Network User ID a name that is offensive, vulgar or obscene. MakeYourTake reserves the right to refuse registration of, or cancel a MakeYourTake Network User ID in its sole discretion. You may only register one (1) MakeYourTake Network User ID.
In the course of providing you the Service, MakeYourTake may need to communicate with you via email, social network messaging, SMS, or other channels (collectively “Service Communications”). You agree to receive messages and to have messages sent by you redirected which are specific to your account and necessary for the normal functioning of the MakeYourTake Service. You also agree to have your real name, profile details, and/or contact details listed in certain communications that you initiate through the MakeYourTake Service.
4. User Submissions.
. MakeYourTake reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. MakeYourTake does not pre-screen User Submissions and you agree that you are solely responsible for all of your User Submissions. MakeYourTake is not required to host, display, or distribute any User Submissions, and may remove at any time or refuse any User Submissions. MakeYourTake is not responsible for any loss, theft or damage of any kind to any User Submissions. You represent and warrant that your User Submissions and MakeYourTake’s authorized use thereof do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).
MakeYourTake takes no responsibility and assumes no liability for any User Submissions that you or any other users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Submissions that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. MakeYourTake is not responsible for any public display or misuse of your User Submissions. You understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree that MakeYourTake shall not be liable for any damages you allege to incur as a result of such User Submissions.
You are solely responsible for your interactions with other MakeYourTake users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
5. Copyright Infringement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
MakeYourTake has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of MakeYourTake’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is MakeYourTake’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If you believe that material or content residing on or accessible through the MakeYourTake Network infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that MakeYourTake is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is MakeYourTake’s policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that MakeYourTake will terminate such content provider’s, member’s or user’s access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which MakeYourTake is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, MakeYourTake may send a copy of the counter-notice to the original complaining party informing that person that MakeYourTake may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at MakeYourTake’s discretion.
Please contact MakeYourTake’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Attn: Designated Agent
468 N. Camden Drive, Suite 200
Beverly Hills, CA 90210
Tel: (310) 860-5162
MakeYourTake may terminate your MakeYourTake Network membership or suspend your access to all or part of the MakeYourTake Network, without notice, if you violate these Terms or you engage in any conduct that MakeYourTake, in its sole and absolute discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the interests of MakeYourTake, any other MakeYourTake Network user, or any third party. YOU AGREE THAT MAKEYOURTAKE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR USER SUBMISSIONS OR SUSPENDING OR TERMINATING YOUR ACCESS TO THE MAKEYOURTAKE NETWORK (OR ANY PORTION THEREOF). You may discontinue your participation in and access to the MakeYourTake Network at any time. MakeYourTake reserves the right to investigate your use of the MakeYourTake Network in the event MakeYourTake, in its sole and absolute discretion, believes you have violated these Terms.
7. Points & Levels; Rewards
MakeYourTake Network registered members may be provided with opportunities to earn credits (“Points”) and advance levels (“Levels”) by participating on the MakeYourTake Network. The Points system (including how to earn Points and the number of Points associated with various actions) is detailed on the Points & Levels page accessible through the MakeYourTake Sites. Points have no monetary value and are non-transferable. MakeYourTake makes no representations whatsoever regarding the value, if any, of Points earned as a result of participation. MakeYourTake is under no obligation to provide members with any particular number of Point-earning opportunities. Members may keep track of their earned Points on their profile page and stats page. MakeYourTake, at its sole discretion, reserves the right to discontinue, suspend or modify the Points system at any time, including the termination of all opportunities to earn or use accumulated Points. From time to time MakeYourTake may decrease or zero out the Points in all MakeYourTake accounts. At those times all accounts will either start at zero Points or be decreased by an amount or percentage to be determined by MakeYourTake and all unused Points will no longer be valid. MakeYourTake Network members will be notified if and when the Points deduction will take place. MakeYourTake reserves the right to eliminate all or some Points (and Levels) belonging to a member where MakeYourTake, at its sole discretion, determines that the member has violated any of these Terms, made any misrepresentation in connection with the Service, or tampered with the Service.
MakeYourTake Network registered members may advance Levels as they accumulate a certain number of Points. The Levels system (including how many Points are needed to advance Levels) is detailed on the Points & Levels page accessible through the MakeYourTake Sites. MakeYourTake, at its sole discretion, reserves the right to discontinue, suspend or modify the Levels system at any time.
All members on the MakeYourTake Network may earn Points and advance Levels; however, participation in the rewards (“Rewards”) section on the MakeYourTake Network is only open to legal residents of the 50 United States and the District of Columbia (EXCLUDING PUERTO RICO, OVERSEAS MILITARY INSTALLATIONS, AND OTHER U.S. TERRITORIES). On the Rewards page, eligible members may enter their Points in the available prize drawings. Members may decide which prize drawings to enter and how many of their earned Points to enter. Each prize drawing will display the minimum number of Points necessary per entry in the drawing. Prize drawings close according to the date and time posted on the Rewards page. Points that are entered into a prize drawing are considered spent, and are immediately subtracted from a member’s available Points to spend on the Rewards page. Spending Points on the Rewards page does not impact or lower a member’s Level. Prize drawing winners are randomly selected via a computer drawing from all eligible entries received by the date and time posted on the prize drawings. No machines, scripts or automated services may be used to access any part of the MakeYourTake Network, accumulate any Points, enter the prize drawings, or in any other way participate in this Service. MakeYourTake is under no obligation to provide members with any particular number of cash or prize awards. MakeYourTake reserves the right to disqualify any member from receiving a cash or prize award, where MakeYourTake, at its sole discretion, determines that the player has violated any of these Terms, made any misrepresentation in connection with the Service, or used unintended or unannounced means to accumulate Points or prize drawing entries.
You may only win a prize drawing once in a thirty day period.
All winners will be notified by email. If a winner is unreachable after seven (7) days, or if that winner is unavailable for prize fulfillment, an alternate winner will be selected. If MakeYourTake cannot find an eligible winner for the prize, that prize will not be awarded.
If a potential winner is a minor in his/her jurisdiction of primary residence, potential winner's parent/legal guardian must execute all documents and agree to all obligations and undertakings required of the potential winner in these Official Rules, both on behalf of himself/herself and the potential winning minor. Failure to comply with these requirements may cause the prize to be forfeited and awarded to an alternate winner. Prize may be awarded in the name of, or to, parent/legal guardian.
Claimed prizes will be mailed to winners within 4-6 weeks after a winner has been chosen, unless otherwise indicated.
Each winner is responsible for all federal, state and local taxes and may be required to complete an IRS form W-9 or the equivalent. MakeYourTake reserves the right to withhold prizes until completed form W-9 is received.
MakeYourTake and its affiliates are not responsible for lost or stolen prizes. Odds of winning depend on the number of eligible entries. Prizes are neither non-refundable nor exchangeable. Cash substitutions are not permitted. MakeYourTake and its affiliates make no warranty with respect to any prize and reserve the right to substitute a prize of equal or greater value, as well as the right to terminate, suspend, or modify prize drawings if it should be deemed necessary.
Each winner, by acceptance of the prize, agrees to release MakeYourTake and any other sponsors, and their parent and subsidiary companies, their officers, directors, employees, agents, shareholders, affiliates, suppliers, distributors, and advertising agencies from all liability, claims, or actions of any kind whatsoever for injuries, damages, or losses to persons and property which may be sustained in connection with the receipt, ownership, or use of the prize.
8. Modifications To Terms.
MakeYourTake may, in its sole and absolute discretion, change these Terms from time to time. MakeYourTake will post notice of such changes on the Sites. If you object to any such changes, your sole recourse shall be to cease using the MakeYourTake Network. Continued use of the MakeYourTake Network following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
9. Modifications To MakeYourTake Network.
MakeYourTake reserves the right to modify or discontinue the MakeYourTake Network with or without notice to you. YOU AGREE THAT MAKEYOURTAKE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD MAKEYOURTAKE EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE MAKEYOURTAKE NETWORK.
MakeYourTake reserves the right at any time to charge fees for access to new MakeYourTake Network content or services or to portions of the existing MakeYourTake Network content or services or to the MakeYourTake Network as a whole. In no event will you be charged for access to any MakeYourTake Network content or service, or to the MakeYourTake Network as a whole, unless we obtain your prior agreement to pay such fees. If you do not consent to the payment of such fees, however, you may not have access to paid content or services. Details regarding the content or services you will receive in exchange for fees, as well as the payment terms and conditions that apply, will be disclosed to you prior to your agreement to pay such fees. Any such terms and conditions shall be deemed to be a part of (and are hereby incorporated by reference into) these Terms.
11. Password and Security.
You are responsible for maintaining the confidentiality of your MakeYourTake Network password, and you are solely responsible for all activities that occur under your password. You agree to immediately notify MakeYourTake of any unauthorized use of your password or any other breach of security related to the MakeYourTake Network. MakeYourTake reserves the right to require you to alter your password if MakeYourTake believes that your password is no longer secure. YOU AGREE THAT MAKEYOURTAKE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD.
MakeYourTake’s provision of a link to any other Web site or Internet resource is for your convenience only and does not signify MakeYourTake’s endorsement of such other Web site or resource or its contents. YOU AGREE THAT MAKEYOURTAKE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, OR MATERIALS FOUND AT ANY OTHER WEB SITE OR INTERNET RESOURCE.
13. No Commercial Use.
You may not resell, distribute, make any commercial use of (other than to keep and share information for your own business purposes), use on a timeshare or service bureau basis, or use to operate a Web site or otherwise generate income from the MakeYourTake Network.
14. Disclaimer of Warranties.
YOU EXPRESSLY AGREE THAT USE OF THE MAKEYOURTAKE NETWORK IS AT YOUR SOLE RISK. THE MAKEYOURTAKE NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAKEYOURTAKE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MAKEYOURTAKE NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). MAKEYOURTAKE MAKES NO WARRANTY THAT THE MAKEYOURTAKE NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE MAKEYOURTAKE NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU ACKNOWLEDGE THAT ACCESS TO DATA (INCLUDING, BUT NOT LIMITED TO, DOCUMENTS, PHOTOGRAPHS, AND SOFTWARE FILES) STORED BY YOU OR OTHERS ON THE MAKEYOURTAKE NETWORK IS NOT GUARANTEED AND THAT MAKEYOURTAKE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY LOSS OF DATA CAUSED BY THE MAKEYOURTAKE NETWORK OR ITS UNAVAILABILITY. MAKEYOURTAKE MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MAKEYOURTAKE NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE MAKEYOURTAKE NETWORK, OR THAT DEFECTS IN THE MAKEYOURTAKE NETWORK WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MAKEYOURTAKE NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAKEYOURTAKE OR THROUGH THE MAKEYOURTAKE NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
15. Limitation of Liability.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MAKEYOURTAKE OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT’S) USE OF THE MAKEYOURTAKE NETWORK.
16. Exclusions And Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that MakeYourTake may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of MakeYourTake’s liability shall be the minimum permitted under such applicable law.
You agree to indemnify, defend, and hold harmless MakeYourTake, its parents, subsidiaries, affiliates, officers, directors, employees, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. MakeYourTake reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MakeYourTake’s defense of such claim.
“MakeYourTake”, “Topics that matter. Opinions that count.”, and the MakeYourTake design, as well as certain other of the names, logos, and materials displayed in the MakeYourTake Network constitute trademarks, trade names, service marks or logos (“Marks”) of MakeYourTake or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with MakeYourTake or those other entities.
19. Copyrights; Restrictions on Use.
The content on the Sites (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws, and is owned by MakeYourTake or its licensors. Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior written permission of MakeYourTake and its applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content.
These Terms, together with the terms of any end user license agreement to which you agree when downloading any software that MakeYourTake makes available through the MakeYourTake Network and any additional terms to which you agree when using particular elements of the MakeYourTake Network (e.g., terms specific to a site within the network of Sites or relating to the payment of fees for certain MakeYourTake Network content or services), constitute the entire and exclusive and final statement of the agreement between you and MakeYourTake with respect to the subject matter hereof, and govern your use of the MakeYourTake Network, superseding any prior agreements or negotiations between you and MakeYourTake with respect to the subject matter hereof. In the event of any conflict between these Terms and terms of a specific site within the network of Sites, these Terms shall govern. These Terms and the relationship between you and MakeYourTake shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the MakeYourTake Network shall be brought in the Federal or State courts located in Los Angeles County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of MakeYourTake to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of MakeYourTake and you as reflected in the provision, and that the other provisions of these Terms 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 MakeYourTake Network or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 4 and 14 through 20 of these Terms, as well as any other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the MakeYourTake Network.