UPDATED : June 2006

TERMS AND CONDITIONS OF SERVICE

Getweblished.com is an online community website developed to enable members to connect to member friends to communicate, share, weblish their art and make new friends.

1. TERMINOLOGY

1.1 Getweblished Terms and Conditions - Legally binding terms, rules and conditions of use ("Agreement")

1.2 Getweblished web site ("Website")

1.3 Getweblished User - the users of the "Website" ("User")

1.4 Getweblished Member - the registered "User" of the "Website" ("Member")

1.5 Getweblished Band Member - Registered signed or unsigned group of artists ("Band Member")

1.6 Getweblished Profile - Personal profile of the "Member", "Band Member" ("Profile")

1.7 Getweblished Service - All current and future services provided by the "Website" ("Service")

1.8 Getweblished Content - All Weblished material and data in the format of Photos, Music, Literature, Video, Art, Pin board Posting, comments, Blog, Group Posting, Event Posting ("Content")

1.9 Get Weblished Limited - Operators of the "Website" and the "Service" ("We", "us" or "GetWeblished")

2. THE AGREEMENT

2.1 By using the "Website" you agree to be bound by this "Agreement".

2.2 This "Service" is provided by "Getweblished" on an "AS IS" and "AS AVAILABLE" basis and "Getweblished" reserves the right to modify, suspend or discontinue the "Service", in its sole discretion, at any time and without notice. You agree that "Getweblished" is and will not be liable to you for any modification, suspension or discontinuance of the "Service".

2.3 If you wish to use the "Website" or register as a "Member" and communicate with other "Members" and make use of the "Service", you must read and agree with this "Agreement" and confirm your unconditional acceptance of the "Agreement" by following the instructions in the registration page, and checking the box titled "I have read and agree to "Getweblished' Terms and Conditions of Service."

2.4 This "Agreement" defines in detail the legally required terms and conditions of your use of the "Website" as a "Member", "User" or a browser and your membership in the "Service", if any, and may be updated, modified or revised by us at any time without any prior notice. Modifications and changes to the "Agreement", will be immediately effective upon posting on the "Website". Any use of the "Website" or the "Service" by you following the posting of any such modification will be considered as your agreement to such modifications. If you do not agree to the modified terms, your sole remedy shall be to discontinue using the "Service". To cancel your membership please email us at cancel@getweblished.com

2.5 The terms of our Privacy Policy, and any notices regarding the "Website" or the "Service" posted on the "Website" or communicated to "Members" are incorporated into and made part of the "Agreement". Individual links to all of these policies and notices can be found on the "Getweblished" Home Page.

2.6 You must be sixteen or lawfully permitted to enter into this "Agreement" under applicable law to register as a "Member" or to use the "Website". You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your membership. By reading and agreeing with this "Agreement" and confirming your unconditional acceptance of the "Agreement" by following the instructions in the registration page, and checking the box titled "I have read and agree to "Getweblished" Terms and Conditions of Service." or by using the "Website" as an unregistered member, you represent and warrant that you have the right, authority, and capacity to enter into this "Agreement" and to abide by all of the terms and conditions of this "Agreement".

2.7 "Members" are required to be careful and sensible about the information they post on "Getweblished" "Website" and provide to other "Members" or "Users". The "Profile" may not include the following items: telephone numbers, street addresses, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other "Members" may contain inaccurate, inappropriate, offensive or sexually explicit material, and links to such prohibited products or services, and "Getweblished" assumes no responsibility or liability for this material. If "Members" become aware of misuse of the "Services" by any one, please email us at inappropriatematerial@getweblished.com or post in the box titled "Tell us what you want" at the bottom of "MyGetweblished" page using title "inappropriate material". "Getweblished" reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by "Members", or to restrict, suspend, or terminate "Members" access to all or any part of the "Website" at any time, for any or no reason, with or without prior notice, and without liability. See sections 4 and 5.

2.8 This "Agreement" will remain in full force and effect while you use the "Website" and/or are a "Member". Please note that even after termination of the your membership due to any cause what so ever, Sections 2, 3, 6 and 7 of this "Agreement" will remain in effect.

2.9 You may terminate your membership at any time, for any reason. To cancel your membership please email us at cancel@getweblished.com

2.10 Your membership may be terminated by "Us" for any reason, at any time.

2.11 The "Service" and the "Website" are solely for the personal use of individual "User", "Member" and "Band Member" and are not for use in connection with any commercial activities without the express written consent of "Getweblished" in each and every case. Organizations, companies, and/or businesses may not become "Member" and should not use the "Service" or the "Website" for any purpose without the express written permission of "Getweblished". You may not copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by "Getweblished" or other "Members" or "Band Members" for the purpose of selling, engaging in, marketing, or promoting any other product or service.

2.12 Unauthorized and/or illegal use of the "Website", including but not limited to collecting personally identifiable information relating to the "Members" of the "Website" such as but not limited to e-mail, usernames, addresses, by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized linking and framing to the "Website", or any other use not expressly permitted in this "Agreement" or lacking the express written consent of "Getweblished" will be investigated, and appropriate legal action will be taken, including and without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, the "Members" may not authorize, enable or otherwise grant to any other person, organization, company, or business access the "Member" "Profile" or other content uploaded on the "Website" for the purpose of extracting such information or other content.

2.13 Trademarks - All brand, product and service names used in this "Service" which identify "Getweblished" or third parties and their products and services are proprietary marks of "Getweblished" and/or the relevant third parties. Nothing in this "Service" shall be deemed to confer on any person any license or right on the part of "Getweblished" or any third party with respect to any such image, logo or name.

2.14 External Links - "Getweblished" may provide links to third-party websites or resources. You acknowledge and agree that "Getweblished" is not responsible or liable for the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by "Getweblished" of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

3. THE CONTENT

3.1 Submitting Content - "Members" will be granted the privilege of participating in all communication services provided by the "Website" such as Forums, Pin board, Internal mail, Groups and any other messaging service which will be developed in the future on the Getweblished.com website as part of the "Service", which means that "Members" may post their "Content" in the form of text and media for display in these areas of the "Website", subject to full compliance with the "Agreement". "Members" will also be granted the privilege of uploading their "Content" in the form of weblished material for display in their "Member" "Profile" section of the "Website", and the Weblished Material section of the "Website" subject to full compliance with the "Agreement" and restrictions stated at the time and during the upload procedure.

3.2 Copyright in Your Content - "Getweblished" does not claim ownership rights to "Members" weblished "Contents" for the sole purpose of enabling "us" to make your "Content" available through the "Service", by weblishing, displaying, uploading and posting any text, links, photos, video, messages, or other data or information "Content" on or to the Website in the personal "Profile" section or Public section of the "Website", you automatically grant a non-exclusive, royalty-free license, and you represent and warrant that you have the right to grant a non-exclusive, royalty-free license, to "Getweblished" to use, reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform your "Content",  and distribute such Content and , or incorporate into other works, such "Content", and to grant and authorize sublicenses of the foregoing. "Members" must note and accept that when "Contents" are uploaded to the "Website", they allow third parties to copy, distribute and display their "Content".

3.3 Monitoring Content - "Getweblished" will not exercise the ability to control the "Content" which the "Members" may upload, post or otherwise transmit using the "Service" and does not have any obligation to monitor such "Content" for any purpose. "Members" acknowledge that they are solely responsible for all "Content" and Weblished material they upload, post or otherwise transmit using the "Service".

3.4 Content Policy - Currently "Getweblished" provides free online storage for "Content" to "Members" of the "Website". However, "Members" acknowledge and agree that "Getweblished" may, at its own discretion , establish limits concerning your use of the storage facilities of the "Service", including without limitation

3.5 the maximum number of days that Your Content will be retained by the Service

3.6 the maximum size of any Content files that may be stored on the Service

3.7 the maximum disk space that will be allotted to you for the storage of Content on "Getweblished" servers.

3.8 Furthermore, you acknowledge that "Getweblished" reserves the right to terminate or suspend memberships that are inactive, in "Getweblished"'s sole discretion, for an extended period of time which will result in deletion or suspension of to your "Content".

3.9 "Getweblished" shall have no responsibility and accepts no liability of any nature for the deletion or failure to store any "Content" maintained on the "Website" and or "Getweblished" Servers. "Members" are solely responsible for creating back-ups of their "Content" and further acknowledge and agree that "Getweblished" reserves the right to modify its storage policies from time to time, without notice.

3.10 Copyright - "Getweblished" unless stated otherwise, is the owner of all copyright and data rights in the "Website", the "Service" and its "Content"s. "Users" and "Members" may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the "Content" without the express, written consent of "Getweblished". However, "Getweblished" does not claim ownership rights in "Members" "Content" and weblished material posted by "Members" to "Getweblished" "Website".

3.11 "Members" are responsible for all of their "Content" they copy, distribute, upload, download, and display using the "Service" of "Getweblished". The "Members" must have the legal right to copy, distribute, upload, download, and display all or parts of any content .Content provided by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.

3.12 Rights in Content Posted by "Getweblished" or its "Members" is owned and retained by "Getweblished". The "Website" contains certain copyrighted material, including links and compilations of individual data, trademarks, and other proprietary information of "Getweblished", our "Members", and our licensors. Except for any information which is in the public domain, "Users" or "Members" may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent of "Getweblished" in each and every case.

3.13 Copyright Protection - "Members" may not Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the owner. If you, "User" or a "Member" believe that work has been copied and Posted on the "Website" in a way that constitutes copyright infringement, please email us at copyright@getweblished.com  or post in the box titled "Tell us what you want" at the bottom of "MyGetweblished" page using title "copyright infringement"

3.14 Copyright Violations - "Getweblished" respects the intellectual property rights of others and absolutely expects "Users" and "Members" of the "Getweblished" to do the same. At "Getweblished" discretion and in appropriate circumstances, "Getweblished" may remove "Content" submitted to the "Website", terminate the membership of "Members" or prevent access to the "Website" by "Users" who infringe the intellectual property rights of others. If you believe the copyright in your work has been violated through this "Service", please contact "Getweblished" on copyright infringement, providing "Us" with the following information, which "Getweblished" may then forward to the alleged infringer:

3.14.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

3.14.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3.14.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

3.14.4 Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

3.14.5 A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.

3.14.6 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

4. THE PROHIBITED CONTENT

4.1 "Members" are solely responsible for the "Content" that they Post on the "Website" or communicate to other "Members". If the posted "Content" or transmitted material through the "Service"s of the "Website" are found to be offensive, illegal and classified as Prohibited Content., in our sole discretion, the membership of the offending "Member" will be terminated. In addition, "Getweblished" reserve the right to investigate and take appropriate legal action, in their sole discretion, against any "Member" who violates this provision, including without limitation, removing the offending communication from the "Website" and reporting such violators to the appropriate legal authorities.

4.2 Material and "Content" considered by "Getweblished" sole judgements as offending and therefore, Prohibited includes, but is not limited to:

4.2.1 "Content" which are patently offensive to the online community.

4.2.2 "Content" which displays pornographic or sexually explicit material of any kind

4.2.3 "Content" which harm minors, violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 16

4.2.4 "Content" which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual

4.2.5 "Content" which harasses or advocate harassment of another person

4.2.6 "Content" which involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication

4.2.7 "Content" which includes any information that is false or misleading, promotes illegal activities or conduct that is abusive, or is threatening, obscene, defamatory, libellous offensive, blasphemous, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, vulgar, or otherwise objectionable

4.2.8 "Content" which constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, pirated computer programs or links to them, information which circumvents manufacturer-installed copy-protect devices, pirated music or links to pirated music files, or Content which otherwise violates the terms of Section 3.10

4.2.9 "Content" which infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, "Getweblished"

4.2.10 "Content" which includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;

4.2.11 "Content" which provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

4.2.12 "Content" which solicits passwords or personally identifying information for commercial or unlawful purposes from other "Members"

4.2.13 "Content" which constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

4.2.14 "Content" which solicits people you do not know to add you or accept you as a friend on the Service.

4.2.15 "Content" which is likely to cause harm to "Getweblished" servers or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the "Service" which may cause any defect, error, malfunction or corruption to the "Service"

4.2.16 "Content" which are for any commercial purpose, except as expressly permitted under these Terms.

4.3 "Member" should note and agree that even though all of the above Content is strictly prohibited, there is a possibility that they might become exposed to such items while using the "Website" or the "Service".

4.4 In order to keep this community website free from all prohibited material, "Members" agree to notify "Getweblished" of any occurrence of such materials within the "Content" on the "Website" giving the details, including "Profile" name for action by "Getweblished". If the material so notified are investigated by "Getweblished" and are found to be inappropriate and prohibited content, the offending "Content" will be removed from the "Website" and the offending "Members" membership terminated.

4.5 In any event , neither we, nor any of our officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Please see Section 7 for further limitations on our liability.

4.6 Suspension and Termination of Access and Membership - "Members" agree that "Getweblished" may at any time, and without notice, suspend or terminate any part of the "Service", or terminate "Members" membership and delete any Content stored on the "Website" in "Getweblished"s sole discretion, if "Member" fail to comply with the "Agreement" or applicable law.

5. THE "MEMBER" "PROFILE" CONTENT

5.1 The "Service" consists of "Profiles" of "Members" or "Band Members" which can be view by unregistered "Users" as well as selected "Member" Friends. The "Service" includes options which allows "Members" to determine who may view their full "Profile". "Members" should be aware that anyone who accesses the "Website", whether or not they are a "Member", will be allowed to view all of the information in "Members" profile. In addition, the "Service" includes an option which allows "Members" to include their last names in their "Getweblished" "Profile". If this option is chosen, "Members" last name will be included in both normal "Getweblished" "Profile", as well as your public "Profile". Your public profile will be available to anyone, regardless of the level of access you've chosen for your full "Getweblished" "Profile". When choosing these options, please consider carefully the level of access you wish to allow to your "Getweblished" "Profile" with special care regarding the Full Name availability to general public.

5.2 Regardless of what personal information you choose to include in your "Getweblished" "Profile", or what level of sharing of your "Profile" you choose, certain information about every "Getweblished" "Member" will be included in that "Members" public "Profile". A "Members" public "Profile" is an abbreviated version of the "Members" regular "Getweblished" "Profile", containing the information listed below, which will be available to any user of the "Website", as well as to the general public through, for instance, search engines. Each "Members" public "Profile" includes the following information about the "Member":
Gender, Age, Location, Last on, Status, Member since, Eye colour, Hair colour, Height/Build, Star sign, Nationality, Here for, Status, Astrological sign, Location, Hometown, "Member Since" date and the URL of the "Members" "Getweblished" "Profile".

5.3 Password - When you register as a "Member" you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify "Getweblished" of any unauthorized use of your password.

5.4 "Members" must not include in their "Member" "Profile" any telephone numbers, street addresses, or e-mail addresses.

5.5 Although "Getweblished" cannot monitor the conduct of its "Members" off the "Website", it is a violation of this "Agreement" to use any information obtained from the "Service" or the "Website" in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any "Member" without the prior explicit consent of such "Member" and "Getweblished". In order to protect our "Members" from such conduct, we reserve the right to restrict the number of e-mails or other communications which a "Member" may send to other "Members" at any time and in our sole discretion.

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

5.7 Removal of Content - As noted in various section of this "Agreement", you understand and agree that we may review and delete any "Content" that you include in your "Profile", or otherwise Post on any area of the "Website" which may include deleting your entire "Profile", that we believe, in our sole judgment, that violates this "Agreement", might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of any other "Members". 

6. DISCLAIMERS & LIMITATION OF LIABILITIES

6.1 There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other "Member" or "User" of the "Website".

6.2 You agree to defend, indemnify and hold "Getweblished", its subsidiaries, affiliates, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorneys. fees, arising out of or relating to your use of the "Website" or the "Service" including the Posting by you of any "Content" on the "Website" in violation of this "Agreement"; any other breach of this "Agreement" by you.

6.3 You agree that you shall not interfere with or disrupt or attempt to interfere with or disrupt this "Service" or servers or networks connected to this "Service", or to disobey any requirements, procedures, policies or regulations of networks connected to this "Service"; or provide any information to "Getweblished" that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.

6.4 You are solely responsible for your interactions with other "Members". "Getweblished" reserves the right, although they have no obligation, to monitor disputes between you and other "Members", and to take any action that we feel may be appropriate in our sole discretion, consistent with the terms of this "Agreement", including the termination of the membership of one or more "Members".

6.5 we are not responsible for any incorrect or inaccurate "Content" Posted on the "Website" or in connection with the "Service", whether caused by "Users" of the "Website", "Members", our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the "Website" or the "Service".

6.6 We are not responsible for the conduct, whether online or offline, of any "Member" or  "User" of the "website". Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the "Website" or the "Service", any "Content" posted on the "Website" or transmitted to "Members" or "Users", or any interactions between or among "Members" or other users of the "Website", whether online or offline.

6.7 We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, "User" or "Member" communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any "Website" or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any "User" of the "Website", any "Member", or any other person related to or resulting from use of the "Website", viewing, playing or downloading any materials on or from the "Website", or otherwise in any way in connection with the "Service". The "Website" and the "Service" are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the "Website" or the "Service". No advice or information, whether oral or written, obtained by you from us, or from or through the "Website" or the "Service" shall create any warranty not expressly stated herein.

6.8 LIMITATIONS ON LIABILITY - NOTWITHSTANDING ANY OTHER PROVISION OF THIS "AGREEMENT", YOU ACCEPT AND AGREE BY READING AND AGREEING WITH THIS "AGREEMENT" AND CONFIRMING YOUR UNCONDITIONAL ACCEPTANCE OF THE "AGREEMENT" BY FOLLOWING THE INSTRUCTIONS IN THE SIGN UP PAGE, AND CHECKING THE BOX TITLED "I AGREE TO GETWEBLISHED TERMS AND CONDITIONS OF SERVICE." OR BY USING THE "WEBSITE" AS AN UNREGISTERED MEMBER THAT THERE WILL BE NO LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, FOR THE "SERVICE" BEFORE, DURING OR AFTER YOUR MEMBERSHIP OF THE "WEBSITE". IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE "WEBSITE" OR THE "SERVICE", EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. OTHERS

You will be deemed to have accepted the terms of this "Agreement" upon use of the "Website" or by becoming a "Member". This "Agreement", together with our Privacy Policy , and any notices regarding the "Website" or the "Service"  posted on the "Website", which are incorporated herein by this reference, contains the entire "Agreement" between you and "Us" regarding the use of the "Website" or the "Service". Our failure to exercise or enforce any right or provision of this "Agreement" shall not constitute a waiver of such right or provision. If any provision of this "Agreement" is held invalid or unlawful, the remainder of this "Agreement" shall continue in full force and effect. The section titles in this "Agreement" are for convenience only and have no legal or contractual effect.

8. CHOICE OF LAW AND JURISDICTION

8.1 The "Agreement" shall be interpreted in accordance with and governed laws of England.

8.2 Any dispute under this "Agreement" shall be submitted to the exclusive jurisdiction of the English Courts

Please contact us with any questions regarding this "Agreement" by sending mail to info@getweblished.com. Getweblished and its logo is the Trademark and service mark of Get Weblished Limited.