Terms of Service | How Much U Bench

HowMuchUBench.com Terms of Use
Agreement

This Terms of
Use Agreement ("Agreement") sets forth the legally binding
terms for your use of the HowMuchUBench Services. By using the
HowMuchUBench Services, you agree to be bound by this Agreement,
whether you are a "Visitor" (which means that you simply
browse the HowMuchUBench Website) or you are a "Member"
(which means that you have registered with HowMuchUBench.com). The
term "User" refers to a Visitor or a Member. You are only
authorized to use the HowMuchUBench Services (regardless of whether
your access or use is intended) if you agree to abide by all
applicable laws and to this Agreement. Please read this Agreement
carefully and save it. If you do not agree with it, you should leave
the HowMuchUBench Website and discontinue use of the HowMuchUBench
Services immediately. If you wish to become a Member, communicate
with other Members and make use of the HowMuchUBench Services, you
must read this Agreement and indicate your acceptance during the
Registration process.

This Agreement
includes HowMuchUBench.com's policy for acceptable use of the
HowMuchUBench Services and Content posted on the HowMuchUBench
Website, your rights, obligations and restrictions regarding your use
of the HowMuchUBench Services and HowMuchUBench.com's Privacy Policy.
In order to participate in certain HowMuchUBench Services, you may be
notified that you are required to download software or content and/or
agree to additional terms and conditions. Unless otherwise provided
by the additional terms and conditions applicable to the
HowMuchUBench Services in which you choose to participate, those
additional terms are hereby incorporated into this Agreement.

HowMuchUBench.com
may modify this Agreement from time to time and such modification
shall be effective upon posting by HowMuchUBench.com on the
HowMuchUBench Website. You agree to be bound to any changes to this
Agreement when you use the HowMuchUBench Services after any such
modification is posted. 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 HowMuchUBench.com and that you
provide to other Users. Your HowMuchUBench.com profile may not
include the following items: telephone numbers, street addresses,
last names, and any photographs containing nudity, or obscene, lewd,
excessively violent, harassing, sexually explicit or otherwise
objectionable subject matter. Despite this prohibition, information
provided by other HowMuchUBench.com Members (for instance, in their
Profile) may contain inaccurate, inappropriate, offensive or sexually
explicit material, products or services, and HowMuchUBench.com
assumes no responsibility or liability for this material. If you
become aware of misuse of the HowMuchUBench Services by any person,
please contact webmaster@howmuchubench.com.

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

Eligibility.
Use of and Membership in the HowMuchUBench Services is void where
prohibited. By using the HowMuchUBench 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 14 years of age or older; and (d) your use
of the HowMuchUBench 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 14
years of age.
Term. This
Agreement shall remain in full force and effect while you use the
HowMuchUBench 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.
HowMuchUBench.com may terminate your Membership at any time, without
warning. Even after Membership is terminated, this Agreement will
remain in effect, including sections 5-17.
Fees. You
acknowledge that HowMuchUBench.com reserves the right to charge for
the HowMuchUBench Services and to change its fees from time to time
in its discretion. If HowMuchUBench.com terminates your Membership
because you have breached the Agreement, you shall not be entitled
to the refund of any unused portion of subscription fees.
Password. When
you sign up to 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 any time or to disclose
your password to any third party. You agree to notify
HowMuchUBench.com immediately if you suspect any unauthorized use of
your account or access to your password. You are solely responsible
for any and all use of your account.
Non-commercial Use by
Members. The HowMuchUBench Services are for the personal
use of Members only and may not be used in connection with any
commercial endeavors except those that are specifically endorsed or
approved by HowMuchUBench.com. Illegal and/or unauthorized use of
the HowMuchUBench Services, including collecting usernames and/or
email addresses of Members by electronic or other means for the
purpose of sending unsolicited email or unauthorized framing of or
linking to the HowMuchUBench Website is prohibited. Commercial
advertisements, affiliate links, and other forms of solicitation may
be removed from Member profiles without notice and may result in
termination of Membership privileges. Appropriate legal action will
be taken for any illegal or unauthorized use of the HowMuchUBench
Services.
Proprietary Rights in
Content on HowMuchUBench.com.
1. HowMuchUBench.com does not
  claim any ownership rights in the text, files, images, photos,
  video, sounds, musical works, works of authorship, or any other
  materials (collectively, "Content") that you post to the
  HowMuchUBench Services. After posting your Content to the
  HowMuchUBench Services, you continue to retain all ownership rights
  in such Content, and you continue to have the right to use your
  Content in any way you choose. By displaying or publishing
  ("posting") any Content on or through the HowMuchUBench
  Services, you hereby grant to HowMuchUBench.com a limited license
  to use, modify, publicly perform, publicly display, reproduce, and
  distribute such Content solely on and through the HowMuchUBench
  Services.

Without this license, HowMuchUBench.com would be unable to provide
the HowMuchUBench Services. For example, without the right to modify
Member Content, HowMuchUBench.com would not be able to digitally
compress music files that Members submit or otherwise format Content
to satisfy technical requirements, and without the right to publicly
perform Member Content, HowMuchUBench.com could not allow Users to
listen to music posted by Members. The license you grant to
HowMuchUBench.com is non-exclusive (meaning you are free to license
your Content to anyone else in addition to HowMuchUBench.com),
fully-paid and royalty-free (meaning that HowMuchUBench.com is not
required to pay you for the use on the HowMuchUBench Services of the
Content that you post), sublicensable (so that HowMuchUBench.com is
able to use its affiliates and subcontractors such as Internet
content delivery networks to provide the HowMuchUBench Services), and
worldwide (because the Internet and the HowMuchUBench Services are
global in reach). This license will terminate at the time you remove
your Content from the HowMuchUBench Services. The license does not
grant HowMuchUBench.com the right to sell your Content, nor does the
license grant HowMuchUBench.com the right to distribute your Content
outside of the HowMuchUBench Services.

1. You represent
  and warrant that: (i) you own the Content posted by you on or
  through the HowMuchUBench Services or otherwise have the right to
  grant the license set forth in this section, and (ii) the posting
  of your Content on or through the HowMuchUBench Services does not
  violate the privacy rights, publicity rights, copyrights, contract
  rights or any other rights of any person. You agree to pay for all
  royalties, fees, and any other monies owing any person by reason of
  any Content posted by you to or through the HowMuchUBench Services.
2. The HowMuchUBench Services
  contain Content of HowMuchUBench.com ("HowMuchUBench.com
  Content"). HowMuchUBench.com Content is protected by
  copyright, trademark, patent, trade secret and other laws, and
  HowMuchUBench.com owns and retains all rights in the
  HowMuchUBench.com Content and the HowMuchUBench Services.
  HowMuchUBench.com hereby grants you a limited, revocable,
  nonsublicensable license to reproduce and display the
  HowMuchUBench.com Content (excluding any software code) solely for
  your personal use in connection with viewing the HowMuchUBench
  Website and using the HowMuchUBench Services.
3. The HowMuchUBench Services
  contain Content of Users and other HowMuchUBench.com licensors.
  Except for Content posted by you, you may not copy, modify,
  translate, publish, broadcast, transmit, distribute, perform,
  display, or sell any Content appearing on or through the
  HowMuchUBench Services.
Content Posted.
1. HowMuchUBench.com may delete any
  Content that in the sole judgment of HowMuchUBench.com violates
  this Agreement or which may be offensive, illegal or violate the
  rights, harm, or threaten the safety of any person.
  HowMuchUBench.com assumes no responsibility for monitoring the
  HowMuchUBench Services for inappropriate Content or conduct. If at
  any time HowMuchUBench.com chooses, in its sole discretion, to
  monitor the HowMuchUBench Services, HowMuchUBench.com 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.
2. You are solely responsible for
  the Content that you post on or through any of the HowMuchUBench
  Services, and any material or information that you transmit to
  other Members and for your interactions with other Users.
  HowMuchUBench.com does not endorse and has no control over the
  Content. Content is not necessarily reviewed by HowMuchUBench.com
  prior to posting and does not necessarily reflect the opinions or
  policies of HowMuchUBench.com. HowMuchUBench.com makes no
  warranties, express or implied, as to the Content or to the
  accuracy and reliability of the Content or any material or
  information that you transmit to other Members.
Content/Activity
Prohibited. The following is a partial list of the kind of
Content that is illegal or prohibited to post on or through the
HowMuchUBench Services. HowMuchUBench.com reserves the right to
investigate and take appropriate legal action against anyone who, in
HowMuchUBench.com's sole discretion, violates this provision,
including without limitation, removing the offending communication
from the HowMuchUBench Services and terminating the Membership of
such violators. Prohibited Content includes, but is not limited to
Content that, in the sole discretion of HowMuchUBench.com:
1. is patently offensive and
  promotes racism, bigotry, hatred or physical harm of any kind
  against any group or individual;
2. harasses or advocates harassment
  of another person;
3. exploits people in a sexual or
  violent manner;
4. contains nudity, violence, or
  offensive subject matter or contains a link to an adult website;
5. solicits personal information
  from anyone under 18;
6. provides any telephone numbers,
  street addresses, last names, URLs or email addresses;
7. promotes information that you
  know is false or misleading or promotes illegal activities or
  conduct that is abusive, threatening, obscene, defamatory or
  libelous;
8. 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 manufacture-installed copy-protect
  devices, or providing pirated music or links to pirated music
  files;
9. involves the transmission of
  "junk mail," "chain letters," or unsolicited
  mass mailing, instant messaging, "spimming," or
  "spamming";
10. contains restricted or password
  only access pages or hidden pages or images (those not linked to or
  from another accessible page);
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;
12. solicits passwords or personal
  identifying information for commercial or unlawful purposes from
  other Users;
13. involves commercial activities
  and/or sales without our prior written consent such as contests,
  sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another
  person that you have posted without that person's consent; or
15. for band and filmmaker
  profiles, uses sexually suggestive imagery or any other unfair,
  misleading or deceptive Content intended to draw traffic to the
  profile.

The following is a partial list of the kind of activity that is
illegal or prohibited on the HowMuchUBench Website and through your
use of the HowMuchUBench Services. HowMuchUBench.com reserves the
right to investigate and take appropriate legal action against anyone
who, in HowMuchUBench.com's sole discretion, violates this provision,
including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:

1. 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;
2. advertising to, or solicitation
  of, any Member to buy or sell any products or services through the
  HowMuchUBench Services. You may not transmit any chain letters or
  junk email to other Members. It is also a violation of these rules
  to use any information obtained from the HowMuchUBench Services in
  order to contact, advertise to, solicit, or sell to any Member
  without their prior explicit consent. In order to protect our
  Members from such advertising or solicitation, HowMuchUBench.com
  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
  HowMuchUBench.com deems appropriate in its sole discretion. If you
  breach this Agreement and send unsolicited bulk email, instant
  messages or other unsolicited communications of any kind through
  the HowMuchUBench Services, you acknowledge that you will have
  caused substantial harm to HowMuchUBench.com, but that the amount
  of such harm would be extremely difficult to ascertain. As a
  reasonable estimation of such harm, you agree to pay
  HowMuchUBench.com $50 for each such unsolicited email or other
  unsolicited communication you send through the HowMuchUBench
  Services;
3. covering or obscuring the banner
  advertisements on your personal profile page, or any
  HowMuchUBench.com page via HTML/CSS or any other means;
4. any automated use of the system,
  such as using scripts to add friends or send comments or messages;
5. interfering with, disrupting, or
  creating an undue burden on the HowMuchUBench Services or the
  networks or services connected to the HowMuchUBench Services;
6. attempting to impersonate another
  Member or person;
7. for band profiles, copying the
  code for your HowMuchUBench Player and embedding it into other
  profiles or asking other Members to embed it into their profiles;
8. 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;
9. selling or otherwise transferring
  your profile;
10. using any information obtained
  from the HowMuchUBench Services in order to harass, abuse, or harm
  another person;
11. displaying an advertisement on
  your profile, or accepting payment or anything of value from a
  third person in exchange for your performing any commercial
  activity on or through the HowMuchUBench 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
12. using the HowMuchUBench Services
  in a manner inconsistent with any and all applicable laws and
  regulations.
Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of
the owner of such proprietary rights. It is the policy of
HowMuchUBench.com to terminate Membership privileges of any Member
who repeatedly infringes the copyright rights of others upon receipt
of proper notification to HowMuchUBench.com by the copyright owner
or the copyright owner's legal agent. Without limiting the
foregoing, if you believe that your work has been copied and posted
on the HowMuchUBench Services in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following
information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been
infringed; (iii) a description of where the material that you claim
is infringing is located on the HowMuchUBench Services; (iv) your
address, telephone number, and email address; (v) a written
statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf. HowMuchUBench.com's Copyright Agent for notice of claims of
copyright infringement can be reached at:
webmaster@howmuchubench.com.
Member Disputes.
You are solely responsible for your interactions with other
HowMuchUBench.com Members. HowMuchUBench.com reserves the right, but
has no obligation, to monitor disputes between you and other
Members.
Privacy. Use of
the HowMuchUBench Services is also governed by our Privacy Policy,
which is incorporated into this Agreement by this reference.
Disclaimers.
HowMuchUBench.com is not responsible for any incorrect or inaccurate
Content posted on the HowMuchUBench Website or in connection with
the HowMuchUBench Services, whether caused by Users of the
HowMuchUBench Services or by any of the equipment or programming
associated with or utilized in the HowMuchUBench Services. Profiles
created and posted by Members on the HowMuchUBench Website may
contain links to other websites. HowMuchUBench.com is not
responsible for the Content, accuracy or opinions expressed on such
websites, and such websites are in no way investigated, monitored or
checked for accuracy or completeness by HowMuchUBench.com. Inclusion
of any linked website on the HowMuchUBench Services does not imply
approval or endorsement of the linked website by HowMuchUBench.com.
When you access these third-party sites, you do so at your own risk.
HowMuchUBench.com takes no responsibility for third party
advertisements which are posted on this HowMuchUBench Website or
through the HowMuchUBench Services, nor does it take any
responsibility for the goods or services provided by its
advertisers. HowMuchUBench.com is not responsible for the conduct,
whether online or offline, of any User of the HowMuchUBench
Services. HowMuchUBench.com assumes no responsibility for any error,
omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, any User or Member
communication. HowMuchUBench.com 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 HowMuchUBench Services
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 HowMuchUBench
Services. Under no circumstances shall HowMuchUBench.com be
responsible for any loss or damage, including personal injury or
death, resulting from use of the HowMuchUBench Services, attendance
at a HowMuchUBench.com event, from any Content posted on or through
the HowMuchUBench Services, or from the conduct of any Users of the
HowMuchUBench Services, whether online or offline. The HowMuchUBench
Services are provided "AS-IS" and as available and
HowMuchUBench.com expressly disclaims any warranty of fitness for a
particular purpose or non-infringement. HowMuchUBench.com cannot
guarantee and does not promise any specific results from use of the
HowMuchUBench Services.
Limitation on Liability.
IN NO EVENT SHALL HOWMUCHUBENCH.COM BE LIABLE 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 SERVICES, EVEN IF HOWMUCHUBENCH.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, HOWMUCHUBENCH.COM'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 HOWMUCHUBENCH.COM FOR THE HOWMUCHUBENCH SERVICES DURING THE
TERM OF MEMBERSHIP.
U.S. Export Controls.
Software available in connection with the HowMuchUBench Services
(the "Software") is further subject to United States
export controls. No Software may be downloaded from the
HowMuchUBench Services or otherwise exported or re-exported in
violation of U.S. export laws. Downloading or using the Software is
at your sole risk.
Disputes. If
there is any dispute about or involving the HowMuchUBench Services,
you agree that the dispute shall be governed by the laws of
Delaware, without regard to conflict of law provisions and you agree
to exclusive personal jurisdiction and venue in the state and
federal courts of the United States located in the State of
Delaware. Either HowMuchUBench.com or you may demand that any
dispute between HowMuchUBench.com and you about or involving the
HowMuchUBench
Indemnity. You
agree to indemnify and hold HowMuchUBench.com, 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 of your use of the HowMuchUBench 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 above and/or if any Content that you post on the
HowMuchUBench Website or through the HowMuchUBench Services causes
HowMuchUBench.com to be liable to another.
Other. This
Agreement is accepted upon your use of the HowMuchUBench Website or
any of the HowMuchUBench Services and is further affirmed by you
becoming a Member. This Agreement constitutes the entire agreement
between you and HowMuchUBench.com regarding the use of the
HowMuchUBench Services. The failure of HowMuchUBench.com to exercise
or enforce any right or provision of this Agreement shall not
operate as a waiver of such right or provision. The section titles
in this Agreement are for convenience only and have no legal or
contractual effect. HowMuchUBench.com is a trademark of
HowMuchUBench, 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 at: webmaster@howmuchubench.com
with any questions regarding this Agreement.

BY SUBMITTING THIS USER REGISTRATION FORM, I ACKNOWLEDGE THAT I HAVE READ THIS
AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

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