General information
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TutorialsCurrent Revision: 06.07.2010
Tastylemon is a community not only built for our members but actually built and maintained by our members. Every single Tastylemon staff member is a participating, active member of the community. Because of this we’ve taken extra special care and time to design our privacy policies, membership agreements and other legally binding documents with your interests in mind.
We’re not trying to pull a fast one on anybody. In fact, we want Tastylemon to be the most open and transparent microstock community on the Internet. So before signing up, agreeing to our terms, and joining our community, please take the time to go through this agreement and the linked documents herein and confirm that our vision for Tastylemon is the same as yours.
What is this?
This document protects the rights of all of our community’s users while also protecting the rights of the Tastylemon community (as an entity unto itself) and Tastylemon LLC (“tastylemon.com” or "Tastylemon") operated by Phoenix Middle East Company WLL who develop and maintain Tastylemon.
This Membership Manifesto is an active Membership Agreement which governs your membership in the tastylemon.com community and grants you full access to the membership sections (“User Areas”) of the website (the “Site”). This Membership Manifesto supplements Tastylemon’s Terms of Use and both documents are applicable to the Site. The Site is operated by Phoenix Middle East Company WLL.
The access and use of Tastylemon’s User Areas are provided by Tastylemon to you on condition that you accept and embrace the terms, conditions, rights, responsibilities, and other binding policies of this Membership Manifesto as well as the Terms of Use. By accessing and using the User Areas of this Site, you accept, agree with, and are bound by this Membership Manifesto and our Terms of Use. However, if you do not agree to accept and abide by this Membership Manifesto and/or the Terms of Use, you should not access the User Areas.
FYI
The following rights, responsibilities, and policies are applicable and guaranteed to all Tastylemon members effective immediately as of August 2009. Tastylemon reserves the right to change or modify any section of this Membership Manifesto at any time. You will be notified via your Tastylemon user account as well as your registered email if any changes will occur to this document or any related documents. We will also post the date of this document’s most recent revision prominently at the top of this page.
Please note that your continued use of the User Areas of the Site after such notice reaffirms your binding acceptance to the rights, responsibilities, terms and conditions detailed in the corresponding and most current version of the Membership Manifesto. If at any time, this Membership Manifesto is unacceptable to you, cease use of the User Areas and please notify us of what is unacceptable.
Privacy
Protecting your privacy is one of our foremost concerns. Read our Privacy Policy to understand how and why we collect and use the information you post on Tastylemon. Our Privacy Policy adheres to industry best practices, however in our view it exceeds these standards. We respect and understand the sanctity, value, and privacy of your personal information because we, as individuals, dislike when websites require an excessive degree of insight into our personal lives. And frankly, we won’t stand to see your privacy violated.
- Tastylemon pledges to collect and use the bare minimum of information you consent to post on the Site to facilitate your experience of the Site and community.
- We pledge never to allow third parties access to your information unless it is absolutely necessary in order for you to complete a transaction or receive compensation.
- We further pledge to always notify you and request your consent whenever your information is required in the aforementioned circumstances. In other words, you will always have the option to refuse access to your information.
The Community
Sharing Content and Your IP Rights
You acknowledge that the Site contains or may contain information, software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets and other material (collectively, "Content") which is protected by copyright, trademark or other proprietary rights of Tastylemon and its affiliates or members.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Membership Manifesto and any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement).
Content is provided to the Site through members entering into a Contributor Agreement, on a non-exclusive basis. Subject to the provisions of the Contributor Agreement, you may post on the Site any Content owned wholly by you. You may download Content only in accordance with the terms of this Membership Agreement and the then applicable Content License Agreement.
When you delete IP content, it is deleted in a manner similar to emptying the trash or recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
Community Conduct
You agree that you will not use the Site for any purpose that is unlawful or not permitted by this Agreement. By way of example, and not as a limitation, you agree that when uploading to or communicating via the Site, including participation in any forums, chat-rooms or other online exchanges (collectively “Forums”) accessed via the Site, you shall not do any of the following:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others.
2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
3. Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless you own or control the rights thereto or have received all necessary consents.
4. Upload or otherwise transfer files that contain viruses, malware, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
5. Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
6. Falsify the origin or source of software or other material contained in a file that is uploaded.
7. Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters, unless expressly approved and permitted by the Site.
8. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
You acknowledge that Tastylemon’s Forums are public and not private communications. Further, you acknowledge that no communication of a third party or their Content is endorsed by Tastylemon and no communication of a third party or their Content may be considered reviewed, screened or approved by Tastylemon. Tastylemon reserves the right for any reason to remove without notice any communication, Content or other material posted to the Site.
You also agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You also agree not to attempt to gain unauthorized access to any other Tastylemon member accounts, computer systems or networks associated with the Site. You also agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Managing Site Content
Tastylemon does not and cannot review all communications or Content uploaded to the Site and is not responsible for the content of such communications or Content. Tastylemon reserves the right to delete, move or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Membership Manifesto or is otherwise unacceptable. You shall remain solely responsible for all communications made or Content uploaded under your Member Name. Tastylemon shall have the right but not the obligation to correct any errors or omissions in any Content, as it may determine in its sole discretion. You acknowledge that any screening of Content performed by Tastylemon to determine Accepted Content is done as a courtesy only.
Tastylemon respects and protects 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 your intellectual property rights have been otherwise violated, immediately notify Tastylemon of such infringement in the manner described on the How to Report Claims of IP Infringement section of the Contributor Agreement or in the Terms of Use.
If we removed your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
Credits
The price of credits purchased through the Site will be the price specified in the Site at the time of your purchase. Upon presentation of credit card information the purchaser warrants that he/she is the cardholder and that the billing information provided is accurate. By approving the purchase of the product or service, you authorize Tastylemon to charge the designated credit card, or PayPal account, for the total amount of the purchase.
Safety & Security
We do our very best to keep Tastylemon safe and secure, but we cannot guarantee this without your help. In order to keep Tastylemon as safe as possible, we need you to make the following commitments:
1. You will not send or otherwise post unauthorized commercial communications to users (such as spam).
2. You will not collect users' information, or otherwise access Tastylemon, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
3. You will not upload viruses or other malicious code.
4. You will not solicit login information or access an account belonging to someone else.
5. You will not bully, intimidate, or harass any user.
6. You will not post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
7. You will not use Tastylemon to do anything unlawful, misleading, malicious, or discriminatory.
8. You will not facilitate or encourage any violations of this Membership Manifesto.
Passwords
You acknowledge and agree that the user identification provided by Tastylemon to you so that you may access and utilize the membership portions of the Site (your “Member Name”), and the password selected by and used by you in conjunction with your Member Name are to be kept secret and confidential. You agree that you shall not disclose such Member Name or password to any other party without the express written permission of Tastylemon.
You acknowledge and agree that you will be responsible for each and every access or use of the membership portions of the Site that occurs in conjunction with your Member Name and such passwords, and that Tastylemon is authorized to accept your Member Name and password as conclusive evidence that you have accessed or utilized the membership portions of the Site. You acknowledge that such password(s) are unique to you and that, although Tastylemon does have the ability to require password(s) to meet certain requirements (such as a minimum or maximum number of characters) and to reset such password(s), Tastylemon does not have the ability to access the password(s) themselves.
Age & Responsibility
You represent and warrant that you are of sufficient legal age to use Tastylemon and to create binding legal obligations for any liability you may incur as a result of the use of the Site. You agree to be responsible for all of your use of the Site (as well as for use of your Member Name and password(s) by others, including without limitation, minors living with you). You agree to supervise all usage by minors of the Site under your name or account.
How to Terminate Your Account
This Membership Manifesto is effective until terminated. You may terminate this Agreement at any time by emailing zenpatrol@tastylemon.com or by such other means of written notice acceptable to Tastylemon which enables confirmation of your identity and your intention to terminate.
Tastylemon reserves the right, in its sole discretion, to restrict, suspend or terminate your right to access the membership portions of the Site at any time for any reason without prior notice or liability. Tastylemon may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.
Tastylemon may also terminate or suspend your access to the membership portions of the Site for inactivity, which is defined as failing to access the membership portions of the Site for an extended period of time, as reasonably determined by Tastylemon.
Termination of your Membership does not relieve you of your responsibilities to pay any amounts due to Tastylemon under this Membership Manifesto or your obligations to not use the membership portions of the Site or any Content other than in the manner permitted under this Agreement or any other agreement entered into at the time such Content was downloaded (such as a Content License Agreement). Termination of this Membership Manifesto shall operate without prejudice to Tastylemon’s rights, defenses and limitations of liability provided under this Agreement, which rights, defenses and limitations of liability shall survive termination of this Membership Manifesto.
Upon termination of your access to the membership portions of the Site, you agree to forfeit all download credits remaining in your account.
Legal
Indemnity
You agree to indemnify, defend and hold Tastylemon and its affiliates, and their respective directors, staff, shareholders, partners and agents (collectively, the "Staff Members") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers’ fees on a solicitor and client basis) incurred by any Staff Member in connection with: (i) any use or alleged use of the Site under your Member Name by any person, whether or not authorized by you; (ii) or resulting from any communication made or Content uploaded under your Member Name; or (iii) any breach by you of this Membership Manifesto.
Tastylemon reserves the right, at your 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 Tastylemon's defense of such claim.
Disclaimer of Warranties
THE SITE, INCLUDING ANY CONTENT CONTAINED THEREIN, ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TASTYLEMON DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.
TASTYLEMON DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
Limitation of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL TASTYLEMON OR ANY OF ITS DIRECTORS, STAFF, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS MEMBERSHIP MANIFESTO, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE SITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF TASTYLEMON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
IN ANY EVENT, TASTYLEMON’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THIS MEMBERSHIP AGREEMENT OR IN RESPECT OF THE USE OR EXPLOITATION OF ANY OR ALL PART OF THE SITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) US DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF TASTYLEMON OR ANY OF ITS DIRECTORS, STAFF, SHAREHOLDERS, PARTNERS, OR AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Applicable Law
The Site is controlled, operated and administered by Tastylemon from within the United States of America. The Site can be accessed from the US, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the the United States of America, by accessing the Site, you acknowledge and agree that this Membership Manifesto will be governed under the laws of the United States and the federal laws of the US applicable therein (without reference to conflicts of laws principles). You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the United States of America with respect to the subject matter of this Membership Manifesto. This Membership Manifesto will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
You consent to service of any required notice or process upon you by email, registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time you are first granted access to the membership areas of the Site, or such other address as you may advise us in writing to use, from time to time.
Any and all disputes arising out of, under or in connection with this Membership Manifesto, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Delaware, USA.
If Tastylemon is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse Tastylemon for its legal fees, costs and disbursements if Tastylemon is successful.
Your Agreement
You specifically agree and acknowledge that you have, in addition to the terms of this Membership Manifesto, reviewed the terms of the Terms of Use and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation herein you agree to be bound by them.
Tastylemon’s failure to insist upon or enforce strict performance of any provision of this Membership Manifesto shall not be construed as a waiver of any provision or right.
If any provision or part thereof of this Agreement is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. This Agreement is personal to you and is not assignable by you without Tastylemon’s prior written consent. Tastylemon may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
Your Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS MEMBERSHIP MANIFESTO, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND TASTYLEMON, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND TASTYLEMON RELATING TO THE SUBJECT OF THIS MEMBERSHIP MANIFESTO.
If you have concerns, questions, or other feedback regarding Tastylemon, the Site, or this Membership Manifesto, contact the Department of Zen & Member Support at zenpatrol@tastylemon.com or via phone at (+973) 1718 0320.
