Introduction and Acceptance of the TOS
Welcome to Metrofunk.com, a social networking and events site for the world’s trendiest individuals. The following are the terms and conditions for use of the Metrofunk.com website and the Metrofunk services including membership account, instant messaging, SMS messaging, member private email service, venue posting, VIP passes, job postings, photo uploads, press releases, discussion board, event postings, referral emails and or any other future service offered from time to time on the Metrofunk.com website (each feature individually and collectively referred to as the "Metrofunk service"). Please read them carefully. This Service is provided to individuals who are at least 18 years old. BY CLICKING THE "I ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("Terms of Service"). The Metrofunk service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

Eligibility
Membership in the Service is void where prohibited. This Site is intended solely for Users who are eighteen (18) years of age or older, and any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 18 or older and that you agree to and to abide by all of the terms and conditions of this Agreement. The Company may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 18.

Account, Password, and Security
To open an account on Metrofunk, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You are entirely responsible for maintaining the confidentiality of your password and nickname. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Metrofunk immediately of any unauthorized use of your account or any other breach of security.

Privacy Agreement
Metrofunk takes the privacy of its members very seriously. Metrofunk will not monitor, edit, or disclose any personal information about you or your use of the Metrofunk service, including its contents, without your prior permission unless Metrofunk has a good faith belief that such action is necessary to: conform to legal requirements or comply with legal process; protect and defend the rights or property of Metrofunk; enforce the Terms of Service; or act to protect the interests of its members or others. You agree that Metrofunk may access your account, including its contents, as stated above or to respond to service or technical issues.

User Conduct and Prohibited Activities

1. The following is a partial list of content that is illegal or prohibited to post on or through the Metrofunk service. Metrofunk reserves the right to investigate and take appropriate legal action against anyone who, in Metrofunk's sole discretion, violates this provision, including without limitation, removing the offending communication from the Metrofunk services and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of Metrofunk:

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. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

7. 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;

8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

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

10. 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;

11. solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

12. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

The following is a partial list of the kind of activity that is illegal or prohibited on the Metrofunk website and through your use of the Metrofunk service. Metrofunk reserves the right to investigate and take appropriate legal action against anyone who, in Metrofunk'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 Metrofunk service. 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 Metrofunk service 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, Metrofunk 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 Metrofunk 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 Metrofunk service, you acknowledge that you will have caused substantial harm to Metrofunk.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 Metrofunk $50 for each such unsolicited email or other unsolicited communication you send through the Metrofunk service;
3. covering or obscuring the banner advertisements on your personal profile page, or any Metrofunk.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 Metrofunk service or the networks or services connected to the Metrofunk service;
6. attempting to impersonate another member or person;
7. 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;
8. selling or otherwise transferring your profile;
9. using any information obtained from the Metrofunk service in order to harass, abuse, or harm another person;
10. 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 Metrofunk service on behalf of that person, unless specifically approved by Metrofunk.com;
11. using the Metrofunk service in a manner inconsistent with any and all applicable laws and regulations..

Online Information and Content
Event information is provided by the venue and / or Promoter. Therefore, Metrofunk does not guarantee the accuracy of the information listed on this site. Should you have any questions, please contact the event Promoter at the number listed on the event page. Metrofunk will not be liable for any damages of any kind incurred as a result of any information contained on the Metrofunk website whether user submitted or posted by an officer, agent, or employee of Metrofunk.

Links to Third Party Sites
This website may contain links to third party websites that are not owned or controlled by Metrofunk. Metrofunk is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Metrofunk will not and cannot censor or edit the content of any third-party site. By using Metrofunk, you expressly release Metrofunk from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you have left the website and to read the terms and conditions and privacy policy of each other website that you visit.

Conduct by Third Party Advertisers
Metrofunk takes no responsibility for third party advertisements which are posted on the Metrofunk website or through the Metrofunk services, nor does it take any responsibility for the goods or services provided by its advertisers. Metrofunk only authorizes our third-party ad servers to employ anonymous cookies for ad delivery and anonymous targeting. Our third-party ad servers do not collect, nor do we give them access, to any personally identifying information about you.

Termination
Metrofunk may terminate your access to any part or all of the Metrofunk service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Metrofunk may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Metrofunk service for an extended period of time, as determined by Metrofunk. Upon termination of the Metrofunk service, your right to use the service immediately ceases. If you wish to terminate your account, your only recourse is to discontinue the use of the Metrofunk service.

Modifications to the TOS
Metrofunk reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.

Copyright and Trademark Notice
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 Metrofunk to terminate membership privileges of any member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Metrofunk 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 Metrofunk website in a way that constitutes copyright infringement, please provide us 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 Metrofunk website; (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. Metrofunk may contacted by copyright owners or agents about possible copyright infringement in the following manners: Email - copyright@metrofunk.com; Mail - Metrofunk Corporation, 347 West 36th St - suite 1003, New York, NY 10018.

Proprietary Rights and Limited License
All content on the Metrofunk web site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement, are the proprietary property of Metrofunk, its users or its licensors with all rights reserved. No site content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Metrofunk's prior written permission, except that the foregoing does not apply to your own user submissions (as defined below) that you legally post on the Metrofunk website. Provided that you are eligible for use of the site, you are granted a limited license to access and use the site and to download or print a copy of any portion of the site content solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own user submissions, you may not republish site content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the site content is strictly prohibited. Such license is subject to these Terms of Service and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Metrofunk website or the site content other than as specifically authorized herein, without the prior written permission of Metrofunk, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

Buckets and Sharing
The Metrofunk website offers a proprietary Bucket feature whereby users of the site can drag and drop to share with others or post to their own member profile, videos, articles and other third party content from, and/or links to, third party sites and other members profiles. You acknowledge and agree that your use of the Bucket feature and all links, user content or third party content shared through the Bucket feature is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Service.

User Disputes
You are solely responsible for your interactions with other Metrofunk members. Metrofunk reserves the right, but has no obligation, to monitor disputes between you and other members.

Disclaimers
Metrofunk is not responsible for any incorrect or inaccurate content posted on the Metrofunk website or in connection with the Metrofunk services, whether caused by users of the Metrofunk services or by any of the equipment or programming associated with or utilized in the Metrofunk services. Metrofunk is not responsible for the conduct, whether online or offline, of any user of the Metrofunk services. Metrofunk 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. Metrofunk 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 Metrofunk 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 Metrofunk services. Under no circumstances shall Metrofunk be responsible for any loss or damage, including personal injury or death, resulting from use of the Metrofunk services, attendance at a Metrofunk event, from any content posted on or through the Metrofunk services, or from the conduct of any users of the Metrofunk Services, whether online or offline. The Metrofunk services are provided "AS-IS" and as available and Metrofunk expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Metrofunk cannot guarantee and does not promise any specific results from use of the Metrofunk services.

Governing Law and Venue
By visiting or using the Site and/or the Service, you agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Metrofunk or any of our affiliates. With respect to any disputes or claims not subject to arbitration, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of New York.

Indemnity
You agree to indemnify and hold Metrofunk, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of (i) your use of and access to the Metrofunk.com 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; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Metrofunk.com Website.

User Submissions

1. You shall be solely responsible for your own user submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize Metrofunk to use all copyright, trademark or other proprietary rights in and to any user submissions to enable inclusion and use thereof as contemplated by the Metrofunk website and these Terms of Service; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the user submission to use their name or likeness as contemplated by the Metrofunk website and these Terms of Service.

2. You retain all of your ownership rights in your user submissions. However, by submitting the user submissions to Metrofunk, you hereby grant Metrofunk, in addition to any other rights which it has pursuant to any other program established by Metrofunk, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the user submissions in connection with the Metrofunk website and Metrofunk's (and its successor's) business, including without limitation to grant access to the Metrofunk website to third parties to view the user submission (and derivative works thereof).

3. You also hereby grant each user of the Metrofunk website or other viewer of the user submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such user submissions, all for non-commercial and personal use.

4. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the user submission and to grant Metrofunk all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Metrofunk or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the user submission or misstate your true identity. Metrofunk does not endorse any user submission or any opinion, recommendation, or advice expressed therein, and Metrofunk expressly disclaims any and all liability in connection with user submissions.

Limitation of Liability
Except in jurisdictions where such provisions are restricted, in no event will Metrofunk or its directors, employees or agents 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 your use of the Metrofunk site or the Metrofunk service or any of the site content or other materials on or accessed though the site, even if the company is aware of has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company'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 Metrofunk for the service during the term of membership, but in no case will Metrofunk's liability to you exceed $1000. You acknowledge that if no fees are paid to Metrofunk for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Metrofunk, regardless of the cause of action.
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.