: : Freedom of Speech - you said it first.com : :

Terms of Use

YouSaidItFirst ("YouSaidItFirst" or "we") operates YouSaidItFirst. com, which is a freedom of speech service that allows Members to create personal profiles and exercise their First Ammendment Right online. The services offered by YouSaidItFirst include any YouSaidItFirst-branded URL (the"YouSaidItFirst Website"), the YouSaidItFirst fourms and blogs service, and other, YouSaidItFirst mobile services, and any other features, content, or applications offered from time to time by YouSaidItFirst in connection with YouSaidItFirst’s business (collectively, the "YouSaidItFirst Services"). The YouSaidItFirst Services are hosted in the United States.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the YouSaidItFirst Services. By using the YouSaidItFirst Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the YouSaidItFirst Website, including through a mobile device, or otherwise use the YouSaidItFirst Services without being registered) or you are a "Member" which means that you have registered with YouSaidItFirst). The term "User" refers to a Visitor or a Member. You are only authorized to use the YouSaidItFirst Services (regardless of whether your accessor use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the YouSaidItFirst Website and discontinue use of the YouSaidItFirst Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the YouSaidItFirst Services, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes YouSaidItFirst's policy for acceptable use of the YouSaidItFirst Services and Content (as defined in Section 6. 1 below) posted on or through the YouSaidItFirst Services and your rights, obligations and restrictions regarding your use of the YouSaidItFirst Services and Content posted on or through the YouSaidItFirst Services. In order to participate in certain YouSaidItFirst Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from YouSaidItFirst. Unless otherwise provided by the additional terms and conditions applicable to the YouSaidItFirst Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@YouSaidItFirst. com, Subject: Terms of Use Agreement.

YouSaidItFirst may modify this Agreement from time to time and such modification shall be effective upon posting by YouSaidItFirst on theYouSaidItFirst Website. Your continued use of the YouSaidItFirst Services after YouSaidItFirst posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on or through the YouSaidItFirst Services and that you provide to other Users. Your YouSaidItFirst profile may not include any form of Prohibited Content, asoutlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other YouSaidItFirst Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and YouSaidItFirst assumes no responsibility or liability for this material. If you become aware of misuse of theYouSaidItFirst Services by any person, please click on the "Contact YouSaidItFirst" or the "Report Abuse" link at the bottom of the YouSaidItFirst Website pages.

YouSaidItFirst reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the YouSaidItFirst Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. YouSaidItFirst expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the YouSaidItFirst Services if YouSaidItFirst determines, in its sole discretion, that you have violated this Agreement or pose a threat to YouSaidItFirst and/or its Users.

1. Eligibility: Use of the YouSaidItFirst Services and registration to be a Member for the YouSaidItFirst Services ("Membership") is void where prohibited. By using the YouSaidItFirst Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the YouSaidItFirst Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under18.

2. Term: This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the YouSaidItFirst Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. YouSaidItFirst may terminate your Membership at any time, for any or no reason, with or without prior notice orexplanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.

3. Fees: You acknowledge that YouSaidItFirst reserves the right to charge for any portion of the YouSaidItFirst Services and to change its fees (if any) from time to time in its discretion. If YouSaidItFirst terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unusedportion of fees or payments (if any).

4. Password: When you sign upto become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at anytime or to disclose your password to any third party. You agree to notify YouSaidItFirst immediately if you suspect any unauthorized use of your accountor access to your password. You are solely responsible for any and all use of your account.

5. Use by Members: TheYouSaidItFirst Services are for the personal use of Members and may be used forpromotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by YouSaidItFirst. YouSaidItFirst reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the YouSaidItFirst Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicitedemail or unauthorized framing of or linking to the YouSaidItFirst Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. YouSaidItFirst reserves the right to take appropriate legal action for any illegal or unauthorized use of the YouSaidItFirst Services.

6. Proprietary Rights inContent on YouSaidItFirst

6. 1      YouSaidItFirst does not claim any ownership rights in the text, files, images, photos, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the YouSaidItFirst Services. After posting your Content to the YouSaidItFirst Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the YouSaidItFirst Services,you hereby grant to YouSaidItFirst a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the YouSaidItFirst Services, including without limitation distributing part or all of the YouSaidItFirst Website in any media formats and through any media channels, except Content marked "private" will not be distributed outside the YouSaidItFirst Website. This limited license does not grant YouSaidItFirst the right to sell or otherwise distribute your Content outside of the YouSaidItFirst Services. After you remove your Content from the YouSaidItFirst Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the YouSaidItFirst Website you change the Content’s privacy setting to "private," we will cease distribution of such"private" Content outside the YouSaidItFirst Website as soon as practicable after you make the change.

6. 2     The license you grant to YouSaidItFirst is non-exclusive (meaning you are free to license your Content to anyone else in addition to YouSaidItFirst), fully-paid and royalty-free (meaning that YouSaidItFirst is not required to pay you for the use on theYouSaidItFirst Services of the Content that you post), sublicensable (so that YouSaidItFirst is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide theYouSaidItFirst Services), and worldwide (because the Internet and theYouSaidItFirst Services are global in reach).

6. 3       You represent and warrant that: (i) you own the Content posted by you on or through theYouSaidItFirst Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the YouSaidItFirst Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the YouSaidItFirst Services.

6. 4      The YouSaidItFirst Services contain Content of YouSaidItFirst ("YouSaidItFirst Content"). YouSaidItFirst Content is protected by copyright, trademark, patent, trade secret and other laws, and + YouSaidItFirst owns and retains all rights in the YouSaidItFirst Content and the YouSaidItFirst Services. YouSaidItFirst hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the YouSaidItFirst Content (excluding any software code) solely for your personal use in connection with viewing the YouSaidItFirst Website and using theYouSaidItFirst Services.

6. 5      The YouSaidItFirst Services contain Content of Users and other YouSaidItFirst licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the YouSaidItFirstServices.

6. 6      YouSaidItFirstper forms technical functions necessary to offer the YouSaidItFirst Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the YouSaidItFirst Services.

7. Content Posted

7. 1      YouSaidItFirst may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of YouSaidItFirst violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. YouSaidItFirst assumes no responsibility for monitoring the YouSaidItFirst Services for inappropriate Content or conduct. If at any time YouSaidItFirst chooses, in its sole discretion, to monitor the YouSaidItFirst Services, YouSaidItFirst nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

7. 2      You are solely responsible for the Content that you post on or through any of the YouSaidItFirst Services, and any material or information that you transmit to other Members and for your interactions with other Users.

8. Content/ActivityProhibited

8. 1       The following are examples of the kind of Content that is illegal or prohibited to post on or through the YouSaidItFirst Services. YouSaidItFirst reserves the right to investigate and take appropriate legal action against anyone who, in YouSaidItFirst's sole discretion, violates this provision, including without limitation, removing the offending Content from the YouSaidItFirst Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of YouSaidItFirst:

8. 2      is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

8. 3     harasses or advocates harassment of another person;

8. 4     exploits people in asexual or violent manner;

8. 5      contains nudity, excessive violence, or contains a link to an adult website;

8. 6     solicits personal information from anyone under 18;

8.7      publicly posts information that poses or creates a privacy or security risk to any person;

8. 8      constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8. 9     constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

8. 10      involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

8. 11      contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

8. 12      furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

8. 13     solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

8. 14     involves commercial activities and/or sales without prior written consent from YouSaidItFirst such as contests, sweepstakes, barter, advertising, or pyramid schemes;

8. 15     includes a photograph or video of another person that you have posted without that person's consent;

8. 16      for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or

8. 17    violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or anyother rights of any person.

The following are examples of the kind of activity that is illegalor prohibited on the YouSaidItFirst Website and through your use of theYouSaidItFirst Services. YouSaidItFirst reserves the right to investigate and take appropriate legal action against anyone who, in YouSaidItFirst's sole discretion, violates this provision, including without limitation, reporting youto law enforcement authorities. Prohibited activity includes, but is notlimited to:

8. 18     criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

8. 19     advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the YouSaidItFirst Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, YouSaidItFirst reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which YouSaidItFirst deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the YouSaidItFirst Services, you acknowledge that you will have caused substantial harm to YouSaidItFirst, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay YouSaidItFirst $50 for each such unsolicited email or other unauthorized commercial communication you send through the YouSaidItFirstServices;

8. 20     circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the YouSaidItFirst Services;

8. 21 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer ora computer network;

8. 22      covering or obscuring the banner advertisements on your personal profile page, or any YouSaidItFirst page via HTML/CSS or any other means;

8. 23      any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;

8. 24      interfering with, disrupting, or creating an undue burden on the YouSaidItFirst Services or the networks or services connected to the YouSaidItFirst Services;

8. 25     impersonating or attempting to impersonate another Member, person or entity;

8. 26      for band, comedy, filmmaker and other profiles containing a YouSaidItFirst player, copying the code for your YouSaidItFirst Player and embedding it (or directing others to embed it) anywhere other than your band profile on YouSaidItFirst;

8. 27     using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

8. 28     selling or otherwise transferring your profile;

8. 29      using any information obtained from the YouSaidItFirst Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

8. 30      displaying anunauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of theYouSaidItFirst Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or

8. 31 using the YouSaidItFirstServices in a manner inconsistent with any and all applicable laws andregulations.

9. Protecting Copyrights andOther Intellectual Property: YouSaidItFirst respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. YouSaidItFirst has the right to terminate the Membership of infringers.

10. Member Disputes: You are solely responsible for your interactions with other YouSaidItFirst Members. YouSaidItFirst reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

11. Privacy: Use of the YouSaidItFirst Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

12. Disclaimers: YouSaidItFirst is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the YouSaidItFirst Services, whether caused by Users of the YouSaidItFirst Services or by any of the equipment or programming associated with or utilized in the YouSaidItFirst Services and such User Content does not necessarily reflect the opinions or policies of YouSaidItFirst. Profiles and third party applications created and posted by Members on the YouSaidItFirst Website may contain links to other websites. YouSaidItFirst is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by YouSaidItFirst. Inclusion of any linked website on the YouSaidItFirst Services does not imply approval or endorsement of the linked website by YouSaidItFirst. When you access these third party sites, you do so at your own risk. YouSaidItFirst takes no responsibility for third party advertisements or third party applications that are posted on or through the YouSaidItFirst Services, nor does it take any responsibility for the goods or services provided by its advertisers. YouSaidItFirst is not responsible for the conduct, whether online or offline, of any User of the YouSaidItFirst Services. YouSaidItFirst assumes no responsibility for any error, omission, interruption, deletion, defect, delayin operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. YouSaidItFirst is 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 any email or players due to technical problems or traffic congestion on the Internet or on any of the YouSaidItFirstServices or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the YouSaidItFirst Services. Under no circumstances shall YouSaidItFirst be responsible for any loss or damage, including personal injury or death, resulting from use of the YouSaidItFirstServices, attendance at a YouSaidItFirst event, from any User Content posted on or through the YouSaidItFirst Services, or from the conduct of any Users of theYouSaidItFirst Services, whether online or offline. The YouSaidItFirst Services are provided "AS-IS" and as available and YouSaidItFirst expressly disclaims any warranty of fitness for a particular purpose or non-infringement. YouSaidItFirst cannot guarantee and does not promise any specific results from use of the YouSaidItFirst Services.

13. Limitation on Liability. IN NO EVENT SHALL YOUSAIDITFIRST BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE YOUSAIDITFIRST SERVICES, EVEN IF YOUSAIDITFIRST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING ANYTHING TO THECONTRARY CONTAINED HEREIN, YOUSAIDITFIRST'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YOUSAIDITFIRST FOR THE YOUSAIDITFIRST SERVICES DURING THE TERM OF MEMBERSHIP.

14. U. S. Export Controls. Software available in connection with the YouSaidItFirst Services (the "Software") is further subject to United Statesexport controls. No Software may be downloaded from the YouSaidItFirst Services or otherwise exported or re-exported in violation of U. S. export laws. Downloading or using the Software is at your sole risk.

15. Disputes. The Agreement shall be governed by, and construed inaccordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and YouSaidItFirst agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the YouSaidItFirst Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUTNOT LIMITED TO ANY CLAIMS, COUNTER CLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERE TO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OFSUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

16. Indemnity. You agree to indemnify and hold YouSaidItFirst, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out ofyour use of the YouSaidItFirst Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the YouSaidItFirst Services causes YouSaidItFirst to be liable to another.

17. Other. This Agreement is accepted upon your use of the YouSaidItFirst Website or any of the YouSaidItFirst Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and YouSaidItFirst regarding the use of the YouSaidItFirst Services. The failure of YouSaidItFirst to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right orprovision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. YouSaidItFirst is a trademark of YouSaidItFirst, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.