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Terms of use


Updated as of 23-05-2010

1. Acceptance of terms

This website located at www.aglepie.com (the "Site") is provided by Aglepie. ("Aglepie") subject to your acceptance of the following Terms of Service ("Agreement") which may be updated by Aglepie from time to time. Your permission to access and use this Site is contingent upon your acceptance of the terms and conditions set forth in this Agreement. You can review the most current version of this Agreement at any time at this page http://www.Aglepie.com/terms.php. You accept the terms and conditions of this Agreement by using this Site in any manner. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MAY NOT USE THE SITE.

2. Aglepie accounts

a. In order to access some features of the Website, you will have to create an Aglepie account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Aglepie immediately of any breach of security or unauthorized use of your account.
b. Although Aglepie will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Aglepie or others due to such unauthorized use.

3. Membership guidelines

1) You must have a working website with valuable information and working links on it to become a member.
2) This website will become your Account Website and cannot be changed by you.
3) You can only sign up one URL to your website.
4) In case your account website ceases to exist, is no longer owned by you or you are not authorized to act on the behalf of the owner anymore, then you'll have to provide us with a new working website. If you cannot provide us with a new website then your aglepie account will be deleted.

Domain Name Owners:

1) The domain name of the website is owned and controlled by you, or you are authorized to act on behalf of the owner of the domain name. For example, we own and control the domain name aglepie.com.
2) A domain with a path cannot be used as your account website. So example.com/mail/ or example.com/pie.html cannot be used as your account website.
3) A subdomain like mail.example.com cannot be used as your account website.
4) A domain that is parked, forwarded or masked cannot be used as your account website.

* Once a member you will be able to link to all your websites.

Free Website or webpage Owners:

1) The URL of the website is given to you, or created by you through a website that offers free web hosting, video sharing, social networking, blog hosting, image hosting, online auctions etc. A few examples are myspace.com/myname, myname.spaces.live.com.

* The email domain name must match the website domain name!

4. Account Termination Policy

a. Aglepie will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

b. Aglepie reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, not complying with the membership guidelines. Aglepie may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. If an account is terminated, all the PiePages connected to that account will be free for other members to acquire and all the PieAds connected to that account will be deleted.

c. In case your account website ceases to exist, is no longer owned by you or you are not authorized to act on the behalf of the owner anymore, then you'll have to provide us with a new working website. If you cannot provide us with a new website then your aglepie account will be deleted. All the PiePages connected to that account will be free for other members to acquire and all the PieAds connected to that account will be deleted.

5. Use of the Services by you

Aglepie hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

a. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

b. You are entirely responsible for all information or other content that you upload, post or otherwise transmit to or via the Site. You agree not to upload, post or otherwise transmit via the Site any content that: (i) is false, inaccurate or misleading; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) 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. Aglepie reserves the right to edit or remove content that violates this Agreement.

c. You agree that you will not use the Site to: (i) transmit spam, bulk, or unsolicited communications; (ii) pretend to be Aglepie or someone else, or spoof Aglepie's or someone else's identity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted to or via the Site; (iv) misrepresent your affiliation with a person or entity; (v) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (vi) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, stalking, or making threats of harm; or (vii) collect or store personal data about other users unless specifically authorized by such users. Aglepie reserves the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise.

d. You agree to not use any method to intercept or expropriate any system data or information from the Site without the express written permission of Aglepie.

6. Content in the Services

a. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".

b. You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Aglepie (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Aglepie and by the owners of that Content, in a separate agreement.

c. Aglepie reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

d. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

e. You agree that you are solely responsible for (and that Aglepie has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Aglepie may suffer) by doing so.


SUBMITTED MATERIALS

7.1 Logos and Graphic Images

a. You may submit your logo by using the upload tool. You represent and warrant that (i) you are the owner of the logo and/or are authorized by the owner to upload the logo on their behalf; (ii) the logo does not infringe in any manner any trademark, copyright, or other intellectual property right of any third party; (iii) the logo does not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; and (iv) the logo is not false or misleading.

b. By submitting your logo for use on the Site, you grant Aglepie a world-wide right to use the logo on or in connection with Aglepie's website(s), all without any payment of royalties or other obligations. Aglepie reserves the right to refuse, reject or remove your logo at its discretion at any time. Removal requests for submitted logos may be submitted pursuant to the procedures set forth below.

7.2 Other Submissions

a. You may submit any comments you may have on our Site and services, or ideas you may have on how to improve them, to info@aglepie.com. Please note that by submitting or posting any material, or by otherwise posting, uploading, inputting, providing or submitting your comments, feedback, concepts, know-how, techniques, software, or ideas (collectively, "Submissions"), you represent and warrant that (i) you are the author of all Submissions and/or are authorized by the author to submit all Submissions on their behalf (ii) your Submissions do not infringe in any manner any trademark, copyright, or other intellectual property right of any third party; (iii) your Submissions do not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or have not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) your Submissions do not contain any information that you or any third party considers confidential or proprietary; and (v) your Submissions are not false or misleading. Aglepie reserves the right (but not the obligation) to remove or edit any Submission, but does not regularly review posted content.

b. If you do post content or make any Submission, and unless we indicate otherwise, you grant Aglepie and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Aglepie and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You will indemnify Aglepie or its affiliates for all claims resulting from content you supply.

8. Relationship

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement between you and Aglepie. This Agreement is between you and Aglepie and is not intended to be for the benefit of any third party. If there is any dispute between you and any third party, you understand and agree that Aglepie is under no obligation to become involved. In the event that you have a dispute with any third party or parties, you hereby release Aglepie, its officers, employees, agents and successors in rights from all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or services.

9. PRIVACY

Certain information about you may be collected during your use of the Site. Collected information is subject to the Aglepie.com Privacy Policy, located at http://aglepie.com/privacy.php, which is incorporated herein by this reference.

10. System outages

Aglepie periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Aglepie shall have no liability whatsoever for (i) the resulting unavailability of the Site, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, mis-delivery, non-delivery of information caused by system outages, or (iv) any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

11. NO WARRANTY

AGLEPIE PROVIDES THIS WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. AGLEPIE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR USE OF THIS SITE. AGLEPIE MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, NOR DOES AGLEPIE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AGLEPIE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend and hold harmless Aglepie, its affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Site (directly or through your agents), your violation of any terms or conditions of this Agreement, your violation of applicable laws, or your violation of the rights of any other person or entity.


INTELLECTUAL PROPERTY

13.1 Generally

All pages within the Site are the property of Aglepie (provided that such pages may contain or link to third party intellectual property). The Site is protected by federal and international copyright and trademark laws. No portion of the materials on the Site pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Aglepie. You shall not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You shall not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content. Any rights not expressly granted by this Agreement with respect to the Site are reserved by Aglepie.

13.2 Trademark Notice

All trademarks and/or logos used on this Site are the trademarks, service marks or logos of their respective owners. Nothing in this Agreement shall confer any right of ownership of any of the trademarks to you. Further, nothing on the Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any trademark used or displayed on the Site, without the express written permission of Aglepie or the trademark owner.

13.3 PiePage Ownership Priority

There are two kinds of PiePages, a normal PiePage and a trademark PiePage. If you have a trademark then you can turn a normal PiePage into a trademark PiePage. In the future this will give you extra tools to further expose your website(s) to users. You can only turn a standard PiePage into a trademark PiePage if 1) the word or phrase used to create the PiePage is exactly the way you registered it. The trademark must be registered with the United States Patent and Trademark Office (USPTO). Or 2) the word or phrase used to create the PiePage is your exact domain name, with or without subdomains or file paths.

If one of our users creates a PiePage using your exact trademark name or phrase, or your exact domain name, you can ask for a PiePage Ownership Priority on that PiePage. We will then compare the activation date of the PiePage with the registration date of your trademark. If the PiePage was created before the registration date of the trademark, then the user can keep the PiePage. But if the PiePage was created after the registration date of the trademark, then the trademark owner has a PiePage Ownership Priority and therefore can claim the PiePage. The user must then give up freely their ownership of that PiePage. All PieAds on the PiePage will be removed and ready for their owners to use again on another PiePage.

To claim a PiePage we need:

* Your name and email address;
* A copy of the trademark registration;
* A statement by you, made under penalty of perjury, that you are the trademark owner of the PiePage name or have been expressly authorized to make the request on behalf of the trademark owner;


After we receive your email we will first contact the owner of the PiePage and confirm that they don't have a registered trademark for the PiePage before its activation date. If they do, then they will keep the PiePage. If they don't we will move the ownership of the PiePage to you.

Send the requested material to priority@aglepie.com

14. COPYRIGHT AND INTELLECTUAL PROPERTY AGENT FOR NOTICE

Aglepie respects the intellectual property of others and we ask our users to do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Aglepie's Copyright Agent with the following information:

* your address, telephone number, and email address;
* A description of the copyrighted work that you wish to have removed from Aglepie's website(s) (the "Material");
* A description of where the Material is located on the Site - for logos, such description should include an image file name and/or URL link associated with the logo
* A statement by you, made under penalty of perjury, that you are the copyright owner of the Material or have been expressly authorized to make the request on behalf of the copyright owner; and
* An electronic or physical signature of the copyright owner of the Material or a person authorized to act on behalf of the copyright owner.

Aglepie's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Copyright Agent
Email: copyright@aglepie.com

Please use the email we have on file from you to send us the material.

15. Changes to the Terms

Aglepie may make changes to the Terms of use from time to time. When these changes are made, Aglepie will make a new copy of the Terms available at http://www.Aglepie.com/terms.php. You understand and agree that if you use the Services after the date on which the Terms of use have changed, Aglepie will treat your use as acceptance of the updated Terms of use.

 
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