1. INTRODUCTIONWelcome to MYKU World.
MYKU World is an innovative online social networking website (the “Website”) provided by MYKU World LLC (hereinafter “MYKU World”, “we” or “us”) where users are able to collaborate and contribute content (“Content”) including, among other things, “MYKUs” that will be made available under license to other users and that may be used by MYKU World as described herein. PLEASE READ THIS USER AGREEMENT (“USER AGREEMENT” OR “AGREEMENT”) CAREFULLY. BY ACCESSING OR USING THE MYKU WORLD WEBSITE IN ANY WAY (OTHER THAN TO READ THIS USER AGREEMENT FOR THE FIRST TIME), YOU ARE SIGNIFYING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS USER AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND OR IF YOU OBJECT TO ANY TERM OR CONDITION OF THE SAME, DO NOT ACCESS OR USE THIS WEBSITE. BY PUBLICLY POSTING CONTENT YOU WILL ALLOW OTHERS TO MAKE COMMERCIAL USE ON A LIMITED BASIS OF YOUR CONTENT WITHOUT PAYMENT TO YOU AS PERMITTED IN THIS AGREEMENT. FOR A NON-EXHAUSTIVE LIST OF EXAMPLES OF HOW YOUR CONTENT MAY BE USED COMMERCIALLY SEE SECTION BELOW. IN ADDITION, BECAUSE OF THE COLLABORATIVE NATURE OF THE WEBSITE, ONCE YOU POST CONTENT ON THE WEBSITE, SOME CONTENT MAY NOT BE REMOVED EVEN IF YOU TERMINATE YOUR ACCOUNT. The grants made by you in this Agreement are provided for good and valuable consideration including, without limitation, the possibility of publication or publicity, the receipt and sufficiency of which are hereby acknowledged.
2. INTELLECTUAL PROPERTY
MYKU World and its licensors own all right, title and interest, including without limitation all intellectual property rights in and to the Website and all materials provided on the Website (and any derivative works or enhancements thereto). Additionally, all trademarks, service marks, trade names and trade dress that may appear on the Website are owned by us, our licensors, or both. You shall not acquire any right, title, or interest therein, except for the limited use rights expressly set forth in this User Agreement. Any rights not expressly granted herein are reserved.
(A) You must be 13 years of age or older to register as a member of the Website (a "Member") or otherwise use the Website. If you are under the age of 13, you are not allowed to register and become a member or access certain areas or features of the Website. Membership is void where prohibited.
(B) If you become a Member, you will be asked to create a User Name and password (an “Account”), which will permit you to access certain areas or features of the Website that will not be available to non-registered users. Your User Name may be creative and does not have to be your actual name. Please choose your User Name carefully as your User Name may be posted in connection with your Content (please see Section below). MYKU World reserves the right in its sole discretion to reject your User Name for any reason.
(C) In addition to your User Name, if you become a Member you will also be asked to provide other information to MYKU World during the registration process. Such information may include your email address, age, gender, postal code and education level. With respect to this information, you agree to provide true, accurate and complete registration information and, if such information changes, you agree to promptly update the relevant registration information. You are responsible for safeguarding and maintaining the confidentiality of your Account. You agree that you are solely responsible for activity that occurs under your Account, whether or not you have authorized such activities or action. You agree to notify MYKU World immediately of any breach of security or unauthorized use of your Account.
(D) If you become a Member, you will be able do things such as participate in public forums, setup a profile, and post Content. Although you are required to provide accurate registration information, you may exercise some “creative license” in these public forums. Please remember that any information that is disclosed in such a way becomes public information and you should exercise caution in what information you disclose.
4. WEBSITE TERMS
(A) Permitted Use of Website. The Website is provided for your personal, non-commercial use except as permitted in this Agreement. Except as expressly permitted herein, you may not use, reproduce, distribute, create derivative works based upon, display, perform, transmit, publish, or otherwise exploit the Website, Content, or any other material on this Website for any purpose whatsoever without the prior written consent of MYKU World or, in the case third-party content, its respective owner.
(B) Prohibited Activities. You agree that you will not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website, Content, or any other material on this Website. 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 the Website, Content, or other material on this Website.
(ii) use any automatic device (such as a robot or spider) or manual process to copy the Website, Content, or other material on this Website for any purpose without the express written permission of MYKU World. Notwithstanding the foregoing, MYKU World grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Content and other material on this Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index that is available to the public. MYKU World reserves the right to revoke this permission at any time.
(iii) collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, and email addresses.
(iv) attempt to interfere with the proper working of the Website or impair, overburden, or disable the same. You may not decompile, reverse engineer, or disassemble any portion of this Website. Nor may you use network-monitoring software to determine the Website architecture and/or extract usage data.
(C) Prohibited Use of Website. You agree that you will not use the Website to:
(i) transmit any content that is defamatory, libelous, invasive of privacy or publicity rights, pornographic, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
(ii) transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(iii) transmit available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(iv) intimidate or harass another;
(v) use or attempt to use another's Account, service or system without written authorization from MYKU World;; or
(vi) transmit any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
(D) Permitted Use of Content. The use of Content submitted by users is governed by Sections 5 and 6.
(E) Representations, Warranties, and Covenants. You represent, warrant, and covenant to MYKU World that:
(i) you are fully competent to enter into this User Agreement and have full power and authority to do the same;
(ii) the execution and delivery of this User Agreement and the performance of your obligations hereunder will not constitute a breach or default or otherwise violate any agreement to which you or any of your affiliates are a party;
(iii) you will use the Website in compliance with applicable laws and regulations; and
(iv) you will cooperate fully with MYKU World to investigate any suspected or actual activity that is in breach of this User Agreement.
(F) Third Party Links and Content
(i) The Website may contain links to other websites maintained by third parties. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on or through the Website does not imply approval or endorsement of the linked website by us. If you decide to leave the Website and access these third-party sites, you do so at your own risk.
(ii) In many instances, the content available through MYKU World represents the opinions and judgments of the respective information provider. MYKU World neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized MYKU World employee spokespersons acting in their official capacities. Under no circumstances will MYKU World be liable for any loss or damage caused by a user’s reliance on information obtained through MYKU World. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through MYKU World.
5. SUBMISSION OF CONTENT
(A) Responsibility for Content. You are solely responsible any Content that you upload, post, email, transmit, or otherwise make available (hereinafter, "post") on or through the Website. MYKU World shall have the right, but not the obligation, to monitor the Content. In addition, MYKU World shall have the right in its sole discretion and for any reason whatsoever to edit, mark the board containing the Content as “private”, refuse to accept or post, remove, or disable access to any Content.
(B) License Grant
(i) Subject to the Exception Applicable to Private Content set forth below, by posting Content to any part of the Website, you automatically grant to MYKU World an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, and transmit Content (in whole or in part) as MYKU World, in its sole discretion, deems appropriate including, without limitation, (1) in connection with the Website and MYKU World’s business; (2) in connection with the websites and businesses of MYKU World’s affiliates, parents, subsidiaries, and their related companies; and (3) in connection with the websites and businesses of MYKU World’s business partners and users. Without limiting the generality of the foregoing you acknowledge that these rights include, without limitation, the right to create and sell (and the right to allow others to create and sell) greeting cards, photo albums, diaries, journals, books, posters, calendars, and apparel such as hats and shirts which may include your Content. In addition, you acknowledge that these rights include the right to display advertisements in connection with your Content; to use your Content for advertising, promotional, to use your Content for other commercial purposes; and to allow others to do the same.
(ii) In order to facilitate the posting and storage of the Content on the Website, when you post Content to any part of the Website you automatically grant to MYKU World an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, and transmit Content (in whole or in part) as MYKU World deems necessary.
(iii) By submitting Content to MYKU World, you also grant MYKU World the right, but not the obligation to use your User Name in connection with your Content and you also grant MYKU World the right to grant others to do the same. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the Content.
(iv) The grants in this Section 5(B) may be exercised in any format, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content.
(C) Exception Applicable to Private Content. The Website may now or in the future have functionality that will allow you or others to classify certain areas of the Website as “private” (each a “Private Board”). When a Private Board is created, the creator may have the option of allowing only certain groups or users to access and view the Private Board including the Content posted on it. The grants made in Section 5(B)(i) (above) shall not apply to Content posted on a Private Board unless the Content becomes public by any means, whether through the creator of the Private Board’s later decision to remove the “private” classification or by system malfunction. Moreover, if the designation of a public board changes to “private” (regardless of whether the designation is changed by you, another user, or MYKU World), then any rights and licenses previously granted hereunder will remain in full force and effect and survive.
(D) Content Removal. Notwithstanding the foregoing, you may be able to remove your Content from the Website. If you choose to remove your Content, you acknowledge that MYKU World may retain archived copies of your Content. In addition, even if you remove your Content, any rights and licenses previously granted by you will remain in full force and effect and survive.
(E) Representations, Warranties, and Covenants. You represent, warrant, and covenant to MYKU World that:
(i) the Content will not violate or infringe upon the rights of any third party including, without limitation, copyright, moral right, trademark, privacy, publicity or other personal or proprietary rights or contain libelous, defamatory or otherwise unlawful material;
(ii) you are the sole owner of the Content and its copyright and you have the right to grant MYKUWorld the rights and licenses in the Content set forth and referenced in this Agreement;
(iii) you have and will maintain throughout your use of or access to the Website all rights, authorizations, consents and licenses that are required for you to be able to grant the rights and licenses in the Content set forth and referenced in this Agreement and that such rights, authorizations, consents and licenses have been obtained in compliance with all applicable laws, rules and regulations and without violating any rights or interest of any third party;
(iv) your Content does not violate any law or regulation;
(v) your Content will not contain any “back door,” “trap door,” “time bomb,” “Trojan Horse” or other computer programming routines or viruses that are intended to damage, interfere with or intercept any system data or personal information, permit access to or use of the Website or other software or hardware by unauthorized parties or disable or damage any portion of the Website or content stored therein;
(vi) your Content is not pornographic, harmful, threatening, abusive, harassing, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
(vii) You do not hold membership in any trade group or collective society or organization that would impair your obligations under this Agreement or impose additional obligations on MYKU World;
(viii) the Content does not contain any illegal material or promote activities that are illegal; and
(ix) the Content does not include any personal information such as phone numbers, social security numbers, account numbers, addresses, or employer references
6. USE OF CONTENT
(A) Sublicense Grant. MYKU World grants to you a revocable, non-exclusive, non-transferable, sublicense to use the Content in accordance with the licenses set forth below. This sublicense is conditioned upon your compliance with the terms of this Agreement and will immediately terminate upon your failure to comply with the same.
(i) Non-Commercial License. Subject to the restrictions in this Agreement, you may reproduce, distribute, publicly display, publicly perform, and transmit Content as well as create derivative works based upon Content solely for your personal, non-commercial use as permitted by the Website’s functionality, this Agreement, or both.
(ii) Commercial License. Subject to the restrictions in this Agreement, you may reproduce, distribute, publicly display, publicly perform, and transmit Content as well as create certain derivative works based upon Content for commercial purposes provided that you shall not use more than five (5) individual items of Content from any single Member in any reproduction, distribution, public display, public performance, transmission or derivative work permitted hereunder without the prior written consent of MYKU World. Under this Commercial License grant, you are limited to a maximum of 1,000 reproductions or distributions of any work that contains Content, or derivative works based upon Content, regardless of media type (i.e. whether in “hard copy” print format or a non-print format such as digital or electronic files).
(iii) Other Licenses. If you have a request that does not fall within the scope of the above licenses, please contact MYKU World at [insert contact].
(B) Additional Restrictions. The following additional restrictions apply to your use of Content licensed to you hereunder:
(i) You shall not sublicense, resell, transfer, or assign to any third party the Content or any rights thereto or the rights granted to you under this license.
(ii) You shall not use Content in a manner that would be defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter; violate a depicted person’s right of privacy or publicity; and/or infringe any trade name, trademark or service mark.
(iii) You shall not incorporate Content into a logo, trademark, or service mark.
(iv) You shall not use Content in a manner that creates the impression that MYKU World or the Member who contributed an item of Content personally uses or endorses a product or service.
(v) You shall not remove copyright notices, restricted rights legends, copyright management information, or any other proprietary notices from the Content.
(C) Attribution Requirement. If you publicly display, publicly perform, or distribute Content or a derivative work based upon Content, then you must include a copyright notice and credit adjacent to each item of Content. The copyright notice should be formatted as follows: “© [Year] [Member’s name as specified on each web page on which you viewed the Content], reprinted with permission from MYKU World LLC ”. [Question: Is this attribution requirement appropriate? yes]
7. COPYRIGHT POLICY
(A) MYKU World respects others’ intellectual property rights and expects its users to do the same. In appropriate circumstances, and at its sole discretion, MYKU World may terminate and/or disable the Accounts of users who it suspects to be infringers of the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances, and in its sole discretion, MYKU World may remove, or disable access to, material on its website or hosted on its systems that may be infringing or the subject of infringing activity.
(B) In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), MYKU World will respond promptly to claims of copyright infringement that are reported to the agent that MYKU World has designated to receive notifications of claims infringement (its “Designated Agent”). MYKU World’s Designated Agent is:Debra S. Pinger
The Mayerson Foundation
312 Walnut Street, Suite 3600
Cincinnati, Ohio 45202
(C) If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to MYKU World by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MYKU World will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
8. MEMBER DISPUTES
You are solely responsible for your interactions with other users and Members. We reserve the right, but have no obligation, to monitor disputes between you and other users or Members. If there is such a dispute, you hereby release MYKU World and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
You agree to indemnify and hold MYKU World and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies harmless from and against any loss, liability, claim, or demand, including reasonable attorney's fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party arising out of, relating to, or in any way connected with (i) any actual or alleged violation or breach by you of this Agreement; (ii) Content provided by you or through use of your Account; (iii) your violation of any third party intellectual property right including, without limitation, any copyright, trademark, patent, trade secret, moral right, or other proprietary right; (iv) any claim that your Content caused damage to a third party; (v) your violation of any law or the rights of a third party; and (vi) any act or omission by you or anyone acting at your direction or under your control or supervision.
(A) MYKU World is not responsible for any incorrect or inaccurate content posted on or in connection with the Website, whether posted or caused by users of the Website, Members, or by any of the equipment or programming associated with or utilized in the Website. MYKU World is not responsible for the conduct, whether online or offline, of any user of the Website or Member. The Website may be temporarily unavailable from time to time for maintenance or other reasons. MYKU World 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, user or Member communications. MYKU World 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 email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website. Under no circumstances will MYKU World be responsible for any loss or damage resulting from anyone's use of the Website, any content posted on or through the Website or transmitted to Members, or any interactions between users of the Website or Members, whether online or offline.
(B) THE WEBSITE AND THE CONTENT ARE PROVIDED "AS-IS" AND ON AN “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. MYKU WORLD, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, OR INFORMATIONAL CONTENT OF THE WEBSITE , CONTENT OR OTHER MATERIAL ON THIS WEBSITE; AND (3) WARRANTIES FOR PRODUCTS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON WEBSITE OR ACCESSED THROUGH ANY LINKS ON WEBSITE.
(C) MYKU WORLD CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE.
12. LIMITATION OR LIABILITY
(A) IN NO EVENT WILL MYKU WORLD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE, CONTENT, OR OTHER MATERIALS ON THE WEBSITE EVEN IF MYKU WORLD IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER MYKU WORLD NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(C) NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYKU WORLD’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO MYKU WORLD DURING THE PRECEDING TWELVE (12) MONTH PERIOD; OR (B) ONE HUNDRED DOLLARS ($100).
(D) CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
(A) The license granted to you in Section 6(A) hereunder will terminate automatically upon any breach by you of the terms of this Agreement. In our sole discretion, we may terminate or suspend your Account and/or prohibit you from using or accessing the Website for any reason, at any time without notice. You agree that MYKU World will not be liable to you or any third party for any termination or suspension of your Account or for blocking your access to the Website.
(B) If you become a registered Member, you may terminate your Account at any time by sending an email to firstname.lastname@example.org. Please allow thirty (30) days for a request to terminate your Account to be processed. If you terminate your Account, your profile page will be deleted from the Website. However, because of the collaborative nature of this Website some of your Content including, without limitation, any “MYKUs” that you have posted may remain on the Website even after your terminate your Account. You acknowledge that MYKU World may retain archived copies of your deleted Content. In addition, any rights or licenses previously granted by you under this Agreement will remain in full force and effect and survive.
(C) Any suspension or termination shall not affect your obligations to MYKU World under this User Agreement (including, but not limited to, your indemnification obligations). Sections 2, 4(E), 5, 7, 8, 10, 11, 12, , 14, 15, and 14 shall survive any expiration or termination of this User Agreement.
14. GOVERNING LAW AND JURISDICTION
(A) You agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and MYKU World or any of its affiliates.
(B) Any legal proceedings that may arise out of, relate to, or be in any way connected with this User Agreement or this Website shall be brought in the state and federal courts located in Hamilton County, Ohio and the parties agree to submit to the exclusive jurisdiction and venue of the same.
We reserve the right at our sole discretion to modify this User Agreement at any time. All modified terms will become effective immediately upon notice, either by posting on this page of the Website or by notification by email or conventional mail. It is your responsibility to regularly review this User Agreement for any changes. Your access and use of the Website following any revision of this User Agreement will signify your assent to and acceptance of the revised terms. If you object to any subsequent revision to the User Agreement, you may terminate your Account as provided in Section 13 herein or, if you do not have an Account, your only recourse is to immediately discontinue use of the Website.