Created: 31 December 2007
Updated: 20 January 2010
Introduction
Welcome to Metal.me, the next generation social networking site where members can stay in touch with their friends, meet new people and hang out ('Metal.me Service'). Metal.me is operated independently ('Metal.me') and may be accessed through the Internet and through WAP services provided by certain mobile network providers. By using the Metal.me Service you accept and agree to be bound by the following terms of service (the 'Terms and Conditions'). Where applicable under law, these Terms constitute a 'writing signed by you.'
Changes to Metal.me and the Terms and Conditions
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and we may send registered users an email notifying you of the change.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE METAL.ME SERVICE. YOUR CONTINUED USE OF THE METAL.ME SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Member Conduct and Appropriate Content
The Metal.me Service is made available for your personal, non-commercial use only. You may not use the Metal.me Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the Metal.me Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Metal.me have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the Metallerz Service.
Conditions For Use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Metal.me Service. By way of example, and not as a limitation, you agree NOT to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Metal.me.
Create a false or misleading identity of, including, but not limited to, a Metal.me employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Use the Metal.me Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
Attempt to gain unauthorized access to the Metal.me Service, other accounts, computer systems or networks connected to the Metal.me Service, through password mining or any other means.
Modify, adapt, translate, or reverse engineer any portion of the Metal.me Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Metal.me Service.
Reformat or frame any portion of the web pages that are part of the Metal.me Service.
Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
Remove any copyright, trademark or other proprietary rights notices contained in or Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Interfere with another Member's use and enjoyment of the Metal.me Service.
Harvest or collect email addresses or other contact information of Members, including usernames, from the Metal.me website by electronic or other means.
Proprietary Rights
Metal.me does not claim any ownership rights in any Materials that you submit, post, or display on or through the Metal.me Services or on the Metal.me Web site. After submitting, posting or displaying Materials on or through the Metal.me Services or on the Metal.me Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Metal.me Service, you hereby grant to Metal.me a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the Metal.me Service.
Without this license, Metal.me would be unable to provide the Metal.me Service. For example, without the right to modify your Materials, Metal.me would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, Metal.me could not allow users and Members to listen to music posted by Members. The license you grant to Metal.me is non-exclusive (meaning you are free to license your Materials to anyone else in addition to Metal.me), fully-paid and royalty-free (meaning that Metal.me is not required to pay you for the use on the Metal.me Service of the Materials that you post), sub licensable (so that Metal.me is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the Metal.me Service), and worldwide (because the Internet and the Metal.me Service are global in reach). This license will terminate at the time you remove your Materials from the Metal.me Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos); provided, however if you remove any of the Materials from the Metal.me Service, Metal.me reserves the right to remove all of your Materials from other Member's pages. The license does not grant Metal.me the right to sell your Materials, nor does the license grant Metal.me the right to distribute your Materials outside of the Metal.me Service. You represent and warrant that: (i) you own the Materials posted by you on or through the Metal.me Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Metal.me Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Metal.me Service.
Metal.me and its affiliates and licensees own and retain all rights in the Metal.me Web site and Metal.me Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Metal.me Service by Metal.me. Except as expressly authorized by Metal.me, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Metal.me's proprietary information. 'Metal.me' and 'Metal.ie' and 'Metal.tk' are trademarks of Metal.me.
Privacy Policy
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Metal.me respects the intellectual property rights of others and will terminate any user's access to the Metal.me website according to these terms of use if Metal.me is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below:
(i) statement that you have identified material on the Metal.me website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the Metal.me web site (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to:
[Attn: Metal.me Copyright Infringement Notification]
Paul Malone
Email: copyright@metal.me
If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to Metal.me. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to Metal.me in bad faith.
If you believe that any material that you have uploaded on to the Metal.me website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice ('Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:
(i) specific details of the material that has been removed or to which Metal.me has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided Metal.me with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy).
Once you have completed the Counter-Notice, having included all of the information set out above, please send it to:
[Attn: Metal.me Copyright Infringement Counter-Notification]
Paul Malone
Email: copyright@metal.me
If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to Metal.me. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to Metal.me in bad faith.
Your Username and Account
Your username once registered i.e. www.metal.me/username becomes part of the Metal.me website and as such cannot be altered, canceled, deleted or removed by anyone at anytime.
Your account details, files and information entered into it or under your username can be altered, canceled, deleted or removed by you at anytime.
If you no longer wish to use your Metal.me account you may request that it be Banned. You can do this by sending an email to staff@metal.me from the email address you used to create the account and ask for the profile associated with this email address to be Banned.
If in the future you would like to come back to Metal.me, simply send another email to staff@metal.me from the email address you used to create the account and ask for the profile associated with this email address to be Unbanned.
Internet/WAP Access
Metal.me shall not be responsible for any connection or access to the Metal.me website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Metal.me website via the Internet or WAP service, and the Internet/WAP access charges thereon. You recognize that Metal.me shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the Metal.me Service via WAP.
Disclaimer of Warranties
Metal.me and its affiliates, licensees, partners, members, suppliers, employees, consultants and agents ('Metal.me') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the Metal.me Service.
Metal.me further expressly disclaims (1) that the Metal.me Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the Metal.me Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Metal.me Service or the content made available as part of the Metal.me Service will be correct, accurate, timely, or otherwise reliable.
Metal.me expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the Metal.me Service input by other Members is correct or accurate.
METAL.ME, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE METAL.ME SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE METAL.ME SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. METAL.ME EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE METAL.ME SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at Metal.me's request defend, Metal.me, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Metal.me Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, Metal.me will provide you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE METAL.ME SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL METAL.ME, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE METAL.ME SERVICE, WHETHER OR NOT METAL.ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE METAL.ME SERVICE, FROM INABILITY TO USE THE METAL.ME SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE METAL.ME SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE METAL.ME SERVICE OR ANY PART OF THE METAL.ME SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE METAL.ME SERVICE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL METAL.ME BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF METAL.ME OR (II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED.
Notices
Metal.me may provide you with notices regarding the Metal.me Service or these Terms of Metal.me Service by regular mail, email, or postings to this Web site.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Metal.me Services.
Page has been viewed 2 times..
Updated: 20 January 2010
Introduction
Welcome to Metal.me, the next generation social networking site where members can stay in touch with their friends, meet new people and hang out ('Metal.me Service'). Metal.me is operated independently ('Metal.me') and may be accessed through the Internet and through WAP services provided by certain mobile network providers. By using the Metal.me Service you accept and agree to be bound by the following terms of service (the 'Terms and Conditions'). Where applicable under law, these Terms constitute a 'writing signed by you.'
Changes to Metal.me and the Terms and Conditions
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without further notice. If we do this, we will post the changes to these Terms and Conditions on this page and we may send registered users an email notifying you of the change.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE METAL.ME SERVICE. YOUR CONTINUED USE OF THE METAL.ME SERVICE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE OR RECEIVING OUR EMAIL NOTIFYING YOU OF THE CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Member Conduct and Appropriate Content
The Metal.me Service is made available for your personal, non-commercial use only. You may not use the Metal.me Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ('Materials') that you submit, post, and display on the Metal.me Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does Metal.me have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Member's use of the Metallerz Service.
Conditions For Use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Metal.me Service. By way of example, and not as a limitation, you agree NOT to:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libelous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
Use other Members' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Members.
Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by Metal.me.
Create a false or misleading identity of, including, but not limited to, a Metal.me employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Use the Metal.me Service in any unlawful manner or in any other manner that could damage, disable, overburden or impair the website.
Attempt to gain unauthorized access to the Metal.me Service, other accounts, computer systems or networks connected to the Metal.me Service, through password mining or any other means.
Modify, adapt, translate, or reverse engineer any portion of the Metal.me Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Metal.me Service.
Reformat or frame any portion of the web pages that are part of the Metal.me Service.
Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
Remove any copyright, trademark or other proprietary rights notices contained in or Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
Interfere with another Member's use and enjoyment of the Metal.me Service.
Harvest or collect email addresses or other contact information of Members, including usernames, from the Metal.me website by electronic or other means.
Proprietary Rights
Metal.me does not claim any ownership rights in any Materials that you submit, post, or display on or through the Metal.me Services or on the Metal.me Web site. After submitting, posting or displaying Materials on or through the Metal.me Services or on the Metal.me Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Metal.me Service, you hereby grant to Metal.me a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials solely on and through the Metal.me Service.
Without this license, Metal.me would be unable to provide the Metal.me Service. For example, without the right to modify your Materials, Metal.me would not be able to digitally compress music files that you or other Members submit or otherwise format Materials to satisfy technical requirements, and without the right to publicly perform Materials, Metal.me could not allow users and Members to listen to music posted by Members. The license you grant to Metal.me is non-exclusive (meaning you are free to license your Materials to anyone else in addition to Metal.me), fully-paid and royalty-free (meaning that Metal.me is not required to pay you for the use on the Metal.me Service of the Materials that you post), sub licensable (so that Metal.me is able to use its affiliates and subcontractors such as Internet and WAP content delivery networks to provide the Metal.me Service), and worldwide (because the Internet and the Metal.me Service are global in reach). This license will terminate at the time you remove your Materials from the Metal.me Service, except that you agree that the license will continue solely with respect to other Members' continued use of your Materials that are not music or videos (i.e. photos); provided, however if you remove any of the Materials from the Metal.me Service, Metal.me reserves the right to remove all of your Materials from other Member's pages. The license does not grant Metal.me the right to sell your Materials, nor does the license grant Metal.me the right to distribute your Materials outside of the Metal.me Service. You represent and warrant that: (i) you own the Materials posted by you on or through the Metal.me Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Metal.me Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Metal.me Service.
Metal.me and its affiliates and licensees own and retain all rights in the Metal.me Web site and Metal.me Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Metal.me Service by Metal.me. Except as expressly authorized by Metal.me, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Metal.me's proprietary information. 'Metal.me' and 'Metal.ie' and 'Metal.tk' are trademarks of Metal.me.
Privacy Policy
We take your privacy very seriously and collection and use of personal information is governed by our Privacy Policy.
Copyright Policy
You may not post, modify, distribute, or reproduce in any way any copyright material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Metal.me respects the intellectual property rights of others and will terminate any user's access to the Metal.me website according to these terms of use if Metal.me is notified that such user's activities infringe the rights of third parties on more than one occasion. If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notification (Notice) with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (x) below:
(i) statement that you have identified material on the Metal.me website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the Metal.me web site (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to:
[Attn: Metal.me Copyright Infringement Notification]
Paul Malone
Email: copyright@metal.me
If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to Metal.me. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to Metal.me in bad faith.
If you believe that any material that you have uploaded on to the Metal.me website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice ('Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:
(i) specific details of the material that has been removed or to which Metal.me has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided Metal.me with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy).
Once you have completed the Counter-Notice, having included all of the information set out above, please send it to:
[Attn: Metal.me Copyright Infringement Counter-Notification]
Paul Malone
Email: copyright@metal.me
If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to Metal.me. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to Metal.me in bad faith.
Your Username and Account
Your username once registered i.e. www.metal.me/username becomes part of the Metal.me website and as such cannot be altered, canceled, deleted or removed by anyone at anytime.
Your account details, files and information entered into it or under your username can be altered, canceled, deleted or removed by you at anytime.
If you no longer wish to use your Metal.me account you may request that it be Banned. You can do this by sending an email to staff@metal.me from the email address you used to create the account and ask for the profile associated with this email address to be Banned.
If in the future you would like to come back to Metal.me, simply send another email to staff@metal.me from the email address you used to create the account and ask for the profile associated with this email address to be Unbanned.
Internet/WAP Access
Metal.me shall not be responsible for any connection or access to the Metal.me website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the Metal.me website via the Internet or WAP service, and the Internet/WAP access charges thereon. You recognize that Metal.me shall not be responsible for any reduced functionality resulting from, or in connection with, your use of the Metal.me Service via WAP.
Disclaimer of Warranties
Metal.me and its affiliates, licensees, partners, members, suppliers, employees, consultants and agents ('Metal.me') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the Metal.me Service.
Metal.me further expressly disclaims (1) that the Metal.me Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the Metal.me Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Metal.me Service or the content made available as part of the Metal.me Service will be correct, accurate, timely, or otherwise reliable.
Metal.me expressly disclaims any and all responsibility and liability for the conduct of any other Member, and expressly disclaims that the content and Materials of the Metal.me Service input by other Members is correct or accurate.
METAL.ME, ON BEHALF OF ITSELF, AND ITS LICENSEES, PROVIDES THE METAL.ME SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE METAL.ME SERVICES), PRODUCTS, AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. METAL.ME EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE METAL.ME SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify, and at Metal.me's request defend, Metal.me, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Metal.me Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, Metal.me will provide you with written notice of such claim, suit or action.
Limitation of Liability
YOUR USE OF THE METAL.ME SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL METAL.ME, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE METAL.ME SERVICE, WHETHER OR NOT METAL.ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE METAL.ME SERVICE, FROM INABILITY TO USE THE METAL.ME SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE METAL.ME SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE METAL.ME SERVICE OR ANY PART OF THE METAL.ME SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE METAL.ME SERVICE AND ITS RELATED WEBSITE. UNDER NO CIRCUMSTANCES SHALL METAL.ME BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES (INCLUDING, IN THE UNITED KINGDOM, IN RESPECT OF (I) DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF METAL.ME OR (II) THE TORT OF DECEIT OR FRAUDULENT MISREPRESENTATION), SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU IN SO FAR AS SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PERMITTED.
Notices
Metal.me may provide you with notices regarding the Metal.me Service or these Terms of Metal.me Service by regular mail, email, or postings to this Web site.
Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Metal.me Services.
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