TERMS OF USE

Welcome to OnMyList.com. Please review the following terms and conditions concerning your use of our site. These terms of use constitute a legal agreement (the “Agreement”) between you and On My List, LLC (“OML”). Please read the Agreement carefully before registering for or using the website.

By accessing or using OnMyList.com, or by using or downloading materials from OnMyList.com, you agree to follow and be bound by this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT REGISTER FOR OR OTHERWISE USE ONMYLIST.COM. The terms of this Agreement are subject to change by OML at any time, effective upon posting updated Agreement on OnMyList.com. Any use of OnMyList.com after such notice will constitute your acceptance of the changes.

ELIGIBILITY FOR USE

OnMyList.com use is restricted to persons registered to use the site (each a “Member” and collectively the “Members”). All Members must be aged 14 and over. Your registration for, and/or use of, OnMyList.com constitutes your representation and warranty that you satisfy this eligibility requirement and that you have the right, authority and capacity to abide by all of the terms and conditions of this Agreement.

USE OF SERVICES

Personal Use Only. OnMyList.com is intended for your personal use only, and your membership may not be assigned, transferred, rented, loaned, or otherwise distributed or used for the benefit of any other person or entity. You may not use OnMyList.com or any Service for commercial purposes, including (but not limited to) advertising to, or solicitation of, other Members.

Online Account Security. You will select a unique username and password in association with your registration for membership. OML may delete usernames that violate any of the the decency provisions below. You are responsible for maintaining the confidentiality of your username and password. You are further responsible for any and all activity on your account. If you become aware of an unauthorized use of your account, you agree to immediately notify OML. OML will not be liable for any loss or damage arising from your failure to comply with this provision.

Accuracy of Information. You will not provide inaccurate, misleading or false information to OML or to any other Member. You will promptly notify OML if information provided to OML or another Member later becomes, or is subsequently discovered to be inaccurate, misleading or false.

Contact with Others. You are solely and exclusively responsible for your interactions with other Members and/or users of OnMyList.com, whether in person or online. You acknowledge that OML does not screen Members, nor do we perform any investigation into their background or any of their representations or statements made to you or others. OML MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE BACKGROUND OR CONDUCT OF ANY MEMBER. In no event shall OML be liable for any damages of any kind whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of any Member (including you) in connection with the use of any Service and/or OnMyList.com, including without limitation: bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members (or any of them), or other persons you meet through any Service. You agree to take reasonable precautions in all interactions with other Members, whether online or in person.

Personal Conduct. You acknowledge and agree that:

As a condition of your use of OnMyList.com, you agree that you will not use OnMyList.com for any purpose that is unlawful or prohibited by this Agreement. Use of OnMyList.com for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of OnMyList.com, or any other person’s use or enjoyment of OnMyList.com, is strictly prohibited.

The following non-exhaustive list of illegal or improper conduct is expressly prohibited:

• Any attempt to use or gain unauthorized access to data, accounts, hosts, systems or networks of OML or any Member or supplier, or those of any other party;

• Any attempt to probe, scan or test the vulnerability of a system or network of OML or any of its customers or suppliers, any Service, or those of any other party;

• Interference, or any attempt to interfere with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system;

• Forgery of any TCP-IP packet header or any part of the header information in an e-mail or a posting;

• Falsification of address information or other modification of e-mail headers to conceal the sender’s or the recipient’s identity;

• Use of OnMyList.com to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider;

• Use of OnMyList.com to engage in activities that violate any applicable law or governmental regulation; and/or

• Any use of OnMyList.com with the intent to offend, exploit, harass, or otherwise cause harm to any other person or entity.

Content. You are solely responsible for the information and/or materials (“Content”) you publish, display or otherwise communicate in any manner (hereinafter, “post”) on OnMyList.com, or transmit to other Members. You will not post or distribute to another Member any illegal or prohibited Content, including (but not limited to) Content that:

• is patently offensive, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• harasses or advocates harassment of another person;

• involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing (“spamming”);

• contains information that you know (or reasonably should know) is false or misleading, or promotes illegal activities;

• is abusive, threatening, obscene, defamatory or libelous;

• contains or promotes distribution of, or access to, an unauthorized copy of another person’s copyrighted work;

• contains or promotes distribution of, or access to, any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity);

• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

• contains or provides material that exploits people under the age of 18 in a sexual or violent manner;

• solicits personal information from anyone under the age of 18;

• provides instructional information about illegal activities, such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and/or

• engages in commercial activities and/or sales.

You acknowledge and agree that OML may (but has no obligation to) review and delete any Content, messages, emails, photos or profiles posted to or sent through OML, that OML in its sole discretion determines is in violation of this Agreement, or might be offensive or illegal, or might harm, threaten the safety of, or violate the rights of other Members, persons or entities. However, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT POSTED BY YOU AND INCLUDED IN YOUR PRIVATE E-MAIL MESSAGES. OML will treat non-public e-mails between you and other Members as confidential to the extent permitted by applicable law.

By posting or submitting Content to any publicly-accessible portion of OnMyList.com, you: (i) grant OML the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose, subject to the OML Privacy Policy, which is incorporated in and made a part of this Agreement; and (ii) represent and warrant that you own or otherwise control all of the rights to the Content and that public posting and use of your Content by OML will not infringe or violate the rights of any third party.

Lawful Use. You will use OnMyList.com in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You represent and warrant that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National”, or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, OnMyList.com is void where prohibited.

Violations. You will promptly report to OML any violation of the Terms of this Agreement by other Members.

OML CONTENT; PROPRIETARY RIGHTS

You may not use, download or copy any information supplied by OML on OnMyList.com unless: (i) you use the information solely for personal, informational and non-commercial purposes, (ii) you include the OML trademark and copyright symbol on each downloaded or copied page, and (iii) you do not modify any of the information. The rights granted to you constitute a license and not a transfer of title. OML, Inc. reserves the right to revoke the authorization to view, download, print and/or reproduce the documents and information available on this site at any time, and any such use shall be discontinued immediately upon written notice from OML (electronic inclusive).

Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information owned by OML from OnMyList.com without the prior written permission of OML. You may not “mirror” any materials contained on OnMyList.com on any other server without OML’s prior express written permission. Any unauthorized use of any materials contained on OnMyList.com may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Copyright. Entire contents Copyright © 2007 On My List, LLC. All rights reserved. Electronic documents published on OnMyList.com are protected by international copyright laws. Distribution or publication of these pages (including text and graphics) in any form without prior written permission is forbidden.

Trademarks. ONMYLIST.COM, On My List, and related OnMyList.com logos are trademarks of On My List, LLC. All other company names, product names and logos on these pages are also trademarks, registered trademarks, or trade names of their respective holders. OML’s use of company names, product names and logos or images on OnMyList.com does not necessarily constitute an endorsement of the named company or products by OML.

Links to Third Party Sites. OnMyList.com may contain hyperlinks to websites that are not controlled by OML. You acknowledge and agree that OML does not endorse, and has no responsibility for, the contents or use of third-party websites or the conduct of their respective owners or other individuals or entities with whom you have contact.

Personal Information and Privacy. To learn about how OML protects your privacy, please refer to the OnMyList.com Privacy Policy.

DISCLAIMER

While every effort is made to ensure the accuracy of information offered on these pages, OML will have no liability for errors, omissions or inadequacies in the information contained herein or for interpretations of the information. OnMyList.com could include inaccuracies or out-dated information and is subject to change at any time without notice. Your use of OnMyList.com is at your own risk. You agree to hold OML harmless from, and not to sue OML for, any claims based upon use of OnMyList.com. OML is not responsible for the conduct – whether online or offline – of any member or user of the website.

TO THE EXTENT ALLOWABLE BY LAW, THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON AND/OR OFFERED THROUGH ONMYLIST.COM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. OML DISCLAIMS ALL WARRANTIES RELATING TO ONMYLIST.COM, ANY PRODUCTS AND/OR SERVICES OFFERED THROUGH ONMYLIST.COM, EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OML BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF ANYONE ELSE (INCLUDING YOU) IN CONNECTION WITH THE USE OF ONMYLIST.COM OR ANY PRODUCT OR SERVICE OBTAINED THROUGH ONMYLIST.COM, INCLUDING WITHOUT LIMITATION, DEATH OR BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS BETWEEN MEMBERS OR USERS, WHETHER ONLINE OR OFFLINE.

INDEMNIFICATION

You will indemnify and hold harmless OML, its officers, directors, employees, agents and subcontractors, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or relating to your: (i) use of OnMyList.com or any Product or Service; and (ii) improper and/or unauthorized acts or omissions, including any breach by you of any term of this Agreement.

TERMINATION

Either you or OML may terminate your account and/or membership at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party. OML reserves the right to immediately suspend or terminate your Membership and/or access to OnMyList.com, without notice, if OML (in its sole discretion) determines that you have violated any term of this Agreement.

NOTICES

All notices, communications, demands and payments required or permitted to be made pursuant to this Agreement shall be sent by certified or registered mail, postage prepaid; overnight messenger service; facsimile, personal delivery or electronic mail as follows: if to you, to the most current email address or physical address on file with OML in association with your membership or account; if to OML:

On My List, LLC
1853 Divisadero #1
San Francisco, CA 94115
admin@onmylist.com

GOVERNING LAW

OnMyList.com is controlled and operated by On My List, LLC, with its corporate headquarters in San Francisco, California. Any claim or dispute relating to your use or attempted use of OnMyList.com shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions. By using OnMyList.com, you submit to the exclusive jurisdiction of the appropriate state or federal courts sitting in San Francisco, California, in any proceeding relating to any such claim or dispute.

ENTIRE AGREEMENT

This Agreement contains the entire agreement between you and OML regarding the use of OnMyList.com. Unless otherwise explicitly stated, the terms will survive termination of your account and/or membership. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.