Terms of Use
Your access to, browsing and/or use of this site are subject to the following Terms & Conditions, any other terms, conditions or guidelines set out elsewhere in this site, as well as all applicable laws, rules and regulations, including but not limited to laws regarding trademarks, copyrights, rights of privacy and publicity, pornography, defamation, and Export Controls laws. By using this site, you certify that you are 16 years of age or older and agree to be bound by the above and the following Terms & Conditions:
1. Content and Accuracy of Information. While BeingMeSucks.com, ("BEINGMESUCKS") takes reasonable steps to ensure that the information, images, text or links (the "Information") contained in this site are accurate and complete, BEINGMESUCKS makes no representations or warranties as to the completeness or accuracy of the Information. BEINGMESUCKS hereby disclaims any and all liability for any omissions or errors in or to the Information or the content of this site generally.
2. Your Use of Content on the Site. The following restrictions and conditions apply specifically to your use of content on the BEINGMESUCKS Website.
A. The content on the BEINGMESUCKS Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to BEINGMESUCKS, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. BEINGMESUCKS reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
for your information and personal use; as intended through the normal functionality of the BEINGMESUCKS Service;
C. User Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the BEINGMESUCKS Service. User Submissions are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the BEINGMESUCKS Service or otherwise as prohibited under this Agreement.
D. You may access BEINGMESUCKS Content, User Submissions and other content only as permitted under this Agreement. BEINGMESUCKS reserves all rights not expressly granted in and to the BEINGMESUCKS Content and the BEINGMESUCKS Service.
E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the BEINGMESUCKS Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the BEINGMESUCKS Website or the Content therein.
G. You understand that when using the BEINGMESUCKS Website, you will be exposed to User Submissions from a variety of sources, and that BEINGMESUCKS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BEINGMESUCKS with respect thereto, and agree to indemnify and hold BEINGMESUCKS, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
3. Your User Submissions and Conduct.A. As a BEINGMESUCKS account holder you may submit textual content ("Stories") and ("User Comments"). Stories and User Comments are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, BEINGMESUCKS does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize BEINGMESUCKS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to BEINGMESUCKS, you hereby grant BEINGMESUCKS a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the BEINGMESUCKS Website and BEINGMESUCKS's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the BEINGMESUCKS Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the BEINGMESUCKS Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Submissions terminate within a commercially reasonable time after you remove or delete your User Submissions from the BEINGMESUCKS Service. You understand and agree, however, that BEINGMESUCKS may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Submissions are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant BEINGMESUCKS all of the license rights granted herein.
E. BEINGMESUCKS does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BEINGMESUCKS expressly disclaims any and all liability in connection with User Submissions. BEINGMESUCKS does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and BEINGMESUCKS will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. BEINGMESUCKS reserves the right to remove Content and User Submissions without prior notice.
4. Content/Activity Prohibited. You must use the BEINGMESUCKS Services in a manner consistent with any and all applicable laws and regulations. The following are examples of the kind of Content that is illegal or prohibited to post on or through the BEINGMESUCKS Services. BEINGMESUCKS reserves the right to investigate and take appropriate legal action against anyone who, in BEINGMESUCKS's sole discretion, violates this provision, including without limitation, removing the offending Content from the BEINGMESUCKS Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of BEINGMESUCKS:
4.2 harasses or advocates harassment of another person;
4.3 exploits people in a sexual or violent manner;
4.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
4.5 solicits personal information from anyone under 18;
4.6 publicly posts information that poses or creates a privacy or security risk to any person;
4.7 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;
4.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work;
4.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
4.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
4.11 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;
4.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
4.13 involves commercial activities and/or sales without prior written consent from BEINGMESUCKS such as contests, sweepstakes, barter, advertising, or pyramid schemes;
4.14 includes a photograph or video of another person that you have posted without that person's consent; or
4.15 violates the privacy rights, publicity rights, defamation rights, copyrights, trademark rights, contract rights or any other rights of any person.
5. Copyright Complaints. BEINGMESUCKS respects the intellectual property of others. It is BEINGMESUCKS's policy to respond expeditiously to claims of copyright and other intellectual property infringement. BEINGMESUCKS will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, BEINGMESUCKS may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. BEINGMESUCKS will terminate access for subscribers and account holders who are repeat infringers.
Notifying BEINGMESUCKS of Copyright Infringement: To provide BEINGMESUCKS notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of legal at beingmesucks dot com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
6. Limitations of Liability. YOUR ACCESSING OR USE OF THIS SITE IS AT YOUR OWN RISK, AND YOU ACKNOWLEDGE AND ACCEPT EVERYTHING ON THIS SITE "AS IS", WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, BEINGMESUCKS ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR, AND YOU HEREBY ASSUME ALL RISK OF: INTERRUPTION OF SERVICE, ANY LINKAGE TO ANY THIRD PARTY SITES, ANY COMMUNICATIONS WITH ANY THIRD PARTIES, AND ANY DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO ANY DAMAGE RESULTING FROM ANY COMPUTER VIRUSES OR FROM LINKAGE TO ANY THIRD PARTY SITES. BEINGMESUCKS SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF YOUR USE OF OR ACCESS TO THIS SITE, OR FOR THE DELETION, FAILURE TO STORE, MISDELIVERY OR UNTIMELY DELIVERY OF ANY IMAGES, INFORMATION OR MATERIALS.
7. Revisions and Updates. The Information is provided by BEINGMESUCKS as a convenience and is subject to change without notice. BEINGMESUCKS may, at any time and from time to time, revise these Terms and Conditions and the content of this site generally with updates and revisions (the "Updates and Revisions"). You hereby acknowledge and agree that you will be bound by such Update and Revisions regardless of whether or not you have reviewed them. We recommend that you periodically visit this page to review and familiarize yourself with all current Terms and Conditions and review the site generally to familiarize yourself with any Updates and Revisions.