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Terms of Use

General

The website is accessible through www.memebox.com and www.theenergyroadmap.com (collectively, the "Website") is owned, operated and distributed by MemeBox, LLC, a New York limited liability company (“MemeBox”). User Submissions are owned by their creators and licensed to MemeBox. All other content and features available on the Web Site are owned by or licensed to MemeBox. BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE "TERMS OF SERVICE") AND THE TERMS AND CONDITIONS OF THE MEMEBOX PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE MEMEBOX WEBSITE. These Terms of Service apply to all users, including both users who are simply viewing the Website and users who are also contributors of content, information, and other materials or services on the Website.

You may use the Website solely for your personal, noncommercial use. You agree that you will not: (a) copy or distribute any part of the Website in any medium without MemeBox's prior written authorization; or (b) alter or modify any part of the Website in any manner. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you represent and warrant to MemeBox that the information you provide is accurate and complete in all respects. You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you keep your password secure. You agree to notify MemeBox immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MemeBox without restriction.

Use of the Website is only available only to individuals who are at least 18 years old. If you are not 18 years old, you are not authorized to use the Website.

MemeBox may, at its sole discretion, modify these Terms of Use at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications. These Terms of Use were last modified as of _______ __, 2007.

Third Party Content

The Website may contain links to third party websites that are not owned or controlled by MemeBox. You acknowledge and agree that MemeBox has no control over such sites and resources, is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third Party Content”). MemeBox shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Content.

Intellectual Property Rights

Except where otherwise indicated, all material included on the Website, 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, are owned by or licensed to MemeBox, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. In addition, the compilation and presentation of the Content on the Website is subject to copyright owned exclusively by MemeBox. Content on the Website may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of MemeBox or (in the case of User Submissions (as hereinafter defined), the owner of such User Submission). MemeBox reserves all rights not expressly granted in and to the Website and the Content. 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. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

User Submissions

Content submitted by users for inclusion on the Website is referred to in these Terms of Service as “User Submissions.” Whether or not such User Submissions are published, they will be subject to these Terms of Use. MemeBox does not guarantee any confidentiality with respect to User Submissions (whether or not published). You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all Content included therein), including the right to authorize MemeBox to use the User Submissions in the manner contemplated by the Website and these Terms of Service. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to MemeBox, you hereby grant MemeBox an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.

MemeBox does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. MemeBox reserves the right to remove Content and User Submissions without prior notice (or to refuse to publish any User Submission) for any reason, and to terminate or refuse a User's access to its Website for any reason. MemeBox respects that there are an endless array of opinions as to what the future will bring.  In fact, the Website was created in order to provide a forum for interested members of the community to express those diverse opinions and learn from each other, and to synthesize the collective knowledge of the community as a whole.  MemeBox believes that these goals are best fostered by positive communication regarding future scenarios, and, conversely, that overly aggressive communications, or communications that are intended to frighten community members, are counterproductive.  Accordingly, any User Submission that contains negative communications of the type described above may be among they types of User Submissions that MemeBox removes or refuses to publish, and the repeated posting of such User Submissions may result in the termination of a User's access to the Website.

MemeBox will not tolerate violations of intellectual property rights on the Website. If you are a copyright owner and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide MemeBox notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of dmca@memebox.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512. You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT IS PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, MEMEBOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MEMEBOX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF MEMEBOX’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. MEMBEOX DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MEMEBOX WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MEMEBOX WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT SHALL MEMEBOX BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Website is controlled and offered by MemeBox from its facilities in the United States of America. MemeBox makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless MemeBox and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Website.

Code of Conduct for MemeBox Users

You may not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by MemeBox. In furtherance, and not in limitation, of the foregoing, you agree not to take any of the following actions in connection with your use of the Website: (i) abuse, harass, threaten, impersonate or intimidate others; (ii) contribute any User Submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; (iii) engage in any activity intended to obtain password, account, or private information from any user; (iv) transmit unwanted email or other communications; or (v) submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content; (vi) take any action that might impose an unreasonable or disproportionately large load on MemeBox’s infrastructure; (vii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (viii) bypass any measures MemeBox may use to prevent or restrict access to the Site; or (ix) participate in any effort that in any way artificially alters the results of any voting or rating mechanism on the Website.

Miscellaneous

You agree that the Website shall be deemed a passive website based solely based in New York and shall not give rise to personal jurisdiction over MemeBox, either specific or general, in jurisdictions other than New York. These Terms of Service shall be governed by the internal laws of the State of New York, without regard to its conflict of laws principles. Any claim or dispute between you and MemeBox that arises in whole or in part from the Website shall be subject to the exclusive jurisdiction of the federal and State courts located in New York, New York. These Terms of Service, together with the Privacy Policy and any other legal notices published by MemeBox on the Website, constitute the entire agreement between you and MemeBox concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and MemeBox's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.


Privacy Notice

The web site accessible through www.memebox.com (the “Website”) is owned, operated and distributed by MemeBox, LLC, a New York limited liability company (“MemeBox”). BY ACCESSING ANY PART OF THE WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS DESCRIBED BELOW (THE "PRIVACY POLICY") AND THE TERMS AND CONDITIONS OF THE MEMEBOX TERMS OF USE (THE “TERMS OF USE”). IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE MEMEBOX WEBSITE. This Privacy Policy applies to all users, including both users who are simply viewing the Website and users who are also contributors of content, information, and other materials or services on the Website. Please note that any User Submission (as defined in the Terms of Use) becomes published content and is not considered personally identifiable information subject to this Privacy Policy.

MemeBox may, at its sole discretion, modify this Privacy Policy at any time. By accessing the Website at any time after such modifications, you are agreeing to such modifications. This Privacy Policy was last modified as of April 20, 2007.

What Personally Identifiable Information Does MemeBox Collect?

MemeBox collects the following types of personally identifiable information:

  • User Provided Information: You may affirmatively provide MemeBox with certain personally identifiable information (such as your name and email address) when participating in various activities on the Website.
  • Information Collected by “Cookies”: When you visit the Website, MemeBox may send one or more “cookies” to your computer. A "cookie" is a small line of text that is stored with your Web browser, which MemeBox uses to help provide better service to you. Your browser has options to accept, reject or provide you with notice when a cookie is sent. MemeBox may use cookies for many purposes, including (without limitation) to save your password so you don't have to re-enter it each time you visit the Website, and to deliver content (which may include third party advertisements) specific to your interests.
  • Log File Information: MemeBox’s servers automatically record certain information that your web browser sends whenever you visit the Website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
  • Information Collected by “Clear GIFs”: MemeBox may employ "clear GIFs" (a.k.a. Web Beacons), which are used to track the online usage patterns anonymously (i.e., in a non-personally-identifiable manner). In addition, MemeBox may also use clear GIFs in HTML-based emails sent to users to track which emails are opened by recipients.

How Does MemeBox Use Personally Identifiable Information?

Any personal information that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, through a User Submission, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you make a User Submission, and other users can contact you through messages and comments.

If you have not opted out from receiving emails from MemeBox, it may use your email address or other personally identifiable information to send commercial or marketing messages. MemeBox also may use your email address for non-marketing or administrative purposes (such as notifying you of major Website changes or for customer service purposes). You cannot opt out of receiving emails for non-marketing or administrative purposes.

MemeBox uses aggregated information (such as anonymous user usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing user preferences and trends. In addition, MemeBox may use “cookies” clear gifs and log file information to deliver content (which may include third party advertisements) specific to your interests, and remember information so that you will not have to re-enter it each time you visit the Website.

Will MemeBox Share Personally Identifiable Information with Others?

MemeBox will not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you have the ability to opt-in or opt-out.

MemeBox may provide personally identifiable information to employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on its behalf. In such circumstances, MemeBox requires that these parties agree to protect the confidentiality of such information and to comply in all respects with this Privacy Policy.

MemeBox may share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website.

In addition, MemeBox may release personally identifiable information: (i) to the extent it has a good-faith belief that such action is necessary to comply with any applicable law, enforce any provision of the Terms of Use, protect itself against any liability, defend itself against any claims, protect the rights, property and personal safety of any user or protect the public welfare; or (ii) to respond to a court order, subpoena, or search warrant.

Third-party Advertisers

MemeBox may allow other companies, called third-party ad servers or ad networks, to serve advertisements within the Website. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Website. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content you see. You should consult the respective privacy policies of these third-party ad servers or ad networks for more information on their practices and for instructions on how to opt-out of certain practices. This Privacy Policy does not apply to them, and MemeBox cannot control their activities.

Is My Information Secure?

MemeBox has implemented security measures to protect personally identifiable information collected on the Website against loss, misuse or alteration. In addition, your account information is protected by a password for your privacy and security. It is important that you protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. Moreover, despite the precautions described above, MemeBox cannot and does not guarantee that the individual user information you have transmitted will not be intercepted by others and/or decrypted or accidentally disclosed, and it accepts no liability for any unintentional disclosure.

In the Event of Merger, Sale, or Bankruptcy

In the event that MemeBox is acquired by or merged with a third party entity, it reserves the right to transfer or assign the information it has collected from users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of MemeBox’s bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, MemeBox may not be able to control how your personal information is treated, transferred, or used.

Children’s Privacy

You must be 18 years and older to register to use the Website. As a result, MemeBox does not collect information about children.

Special Note to International Users

The Website is hosted in the United States and is intended for and directed to users in the United States. If you are accessing the Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Website, which is governed by U.S. law, this Privacy Policy, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.


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