Terms and Conditions

The Awesome Version

(the version that counts if you are just reading this at home)

Rule #1: Be in a State of Awesomeness

You must maintain total awesomeness at all times, wherever possible.

No Responsibility

2ndMate accepts no responsibility for anything. Any and all consequences resulting from your use of 2ndMate belong to you alone.

Even if 2nd Mate provides data or advice to you, you still are solely responsible for acting on that data or advice, and you are solely responsible for any outcomes resulting from your use of 2nd Mate.

Be Nice

Don't steal stuff. Don't say bad things about other people or governments, even if you like anarchy.

We cooperate fully with Government law enforcement agencies if required, and we will not protect you if you have done something illegal.

If you must upload pictures of naked women or something similar to your 2ndMate website, remember that your 8-year-old daughter, sister or friend's daughter may be watching. We will most likely remove it and shut you down as soon as we get told about it.

Offer Value

We all want to make money. Try to make it by offering good stuff. If you need to rip people off to "get ahead", you are responsible for any and all consequences, legal or otherwise, and if your actions tarnish our name, we will shut you down.

The Legal Version

(the version that counts in court)

Overview:

We (the crew who own and run 2ndMate.com) offer a business development, website design, hosting and marketing service called 2ndMate.com and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as customized search engine pages, keyword research, telemarketing, design, coaching and consulting. Our service is designed to give you as much control and ownership over what goes on your site as possible and encourage you to express yourself freely. However, be responsible in what you publish. In particular, make sure that none of the prohibited items listed below appear on your site or get linked to from your site (things like spam, viruses, or hate content). We want people to be "free" (as in liberated). But if you infringe on other people, harm or hurt them, or make them really really uncomfortable, we will shut you down.

Terms of Service:

The following terms and conditions govern all use of the 2ndMate.com website and all content, services and products available at or through the website, including, but not limited to, the 2ndMate.com paid membership service, (taken together, the 2ndMate Service). the 2ndMate Service is owned and operated by Unity (“Unity”). the 2ndMate Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, 2ndMate’s Privacy Policy) and procedures that may be published from time to time on this Site by 2ndMate (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the 2ndMate Service. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the 2ndMate Service or use any services. If these terms and conditions are considered an offer by 2ndMate, acceptance is expressly limited to these terms. the 2ndMate Service is available only to individuals who are at least 13 years old.

1. Your 2ndMate.com Account and Site. If you create a website on the 2ndMate Service, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and 2ndMate may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause 2ndMate liability. You must immediately notify 2ndMate of any unauthorized uses of your blog, your account or any other breaches of security. 2ndMate will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors.If you operate the 2ndMate service to distribute material in any way, such as commenting on a blog, creating content for a website, sending emails, conducting a telemarketing, SMS or direct mail campaign, interacting via social media, post material to the 2ndMate Service, post links on the 2ndMate Service, or otherwise make (or allow any third party to make) material available by means of the 2ndMate Service (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • you have fully complied with all Laws of the specific countries that you operate your business in or target customers (for example (but not limited to), CANSPAM laws in US, Do Not Call laws in Australia, etc);
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
   • your website is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
   • your website is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by 2ndMate or otherwise.

   By submitting Content to 2ndMate for inclusion on your website, you grant 2ndMate a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, 2ndMate will use reasonable efforts to remove it from the 2ndMate Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   Without limiting any of those representations or warranties, 2ndMate has the right (though not the obligation) to, in 2ndMate’s sole discretion (i) refuse or remove any content that, in 2ndMate’s reasonable opinion, violates any 2ndMate policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the 2ndMate Service to any individual or entity for any reason, in 2ndMate’s sole discretion. 2ndMate will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal.
   • General Terms.
     Optional paid services such as extra storage, domain purchases, marketing services, coaching services, consulting or design services are available on the 2ndMate Service (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay 2ndMate the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
   • Automatic Renewal.
     Unless you notify 2ndMate before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
   • Fees; Payment. By signing up for a Upgrade Services account you agree to pay 2ndMate the setup fees and monthly hosting fees indicated at http://2ndmate.com/products/ in exchange for the services listed at http://2ndmate.com/products/. Applicable fees will be invoiced starting from the day your Upgrade Services are established and in advance of using such services. 2ndMate reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Upgrade Services can be canceled by you at anytime on 30 days written notice to 2ndMate.
   • Support. The 2ndMate Service is provided "as is". It does not allow you access to the technical team to request changes to the Service. Optionally, technical support may be purchased as a separate item.
4. Responsibility of Website Visitors. 2ndMate has not reviewed, and cannot review, all of the material, including computer software, posted to the 2ndMate Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the 2ndMate Service, 2ndMate does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. 2ndMate disclaims any responsibility for any harm resulting from the use by visitors of the 2ndMate Service, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which 2ndMate.com links, and that link to 2ndMate.com. 2ndMate does not have any control over those non-2ndMate websites and webpages, and is not responsible for their contents or their use. By linking to a non-2ndMate website or webpage, 2ndMate does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. 2ndMate disclaims any responsibility for any harm resulting from your use of non-2ndMate websites and webpages.
6. Copyright Infringement and DMCA Policy. As 2ndMate asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by 2ndMate.com violates your copyright, you are encouraged to notify 2ndMate in accordance with 2ndMate’s Copyright Infringement Policy. 2ndMate will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 2ndMate will terminate a member's access to and use of the 2ndMate Service if, under appropriate circumstances, the member is determined to be a repeat infringer of the copyrights or other intellectual property rights of 2ndMate or others. In the case of such termination, 2ndMate will have no obligation to provide a refund of any amounts previously paid to 2ndMate.
7. Intellectual Property. This Agreement does not transfer from 2ndMate to you any 2ndMate or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with 2ndMate. 2ndMate, 2ndMate.com, the 2ndMate.com logo, and all other trademarks, service marks, graphics and logos used in connection with 2ndMate.com, or the 2ndMate Service are trademarks or registered trademarks of 2ndMate or 2ndMate’s licensors. Other trademarks, service marks, graphics and logos used in connection with the 2ndMate Service may be the trademarks of other third parties. Your use of the 2ndMate Service grants you no right or license to reproduce or otherwise use any 2ndMate or third-party trademarks.
8. Advertisements. 2ndMate reserves the right to display advertisements on your website unless you have purchased an Upgrade Services account.
9. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
10. Changes. 2ndMate reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the 2ndMate Service following the posting of any changes to this Agreement constitutes acceptance of those changes. 2ndMate may also, in the future, offer new services and/or features through the 2ndMate Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
    
11. Termination. 2ndMate may terminate your access to all or any part of the 2ndMate Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your 2ndMate.com account (if you have one), you may simply discontinue using the 2ndMate Service. Notwithstanding the foregoing, if you have a Upgrade Services account, such account can only be terminated by 2ndMate if you materially breach this Agreement and fail to cure such breach within thirty (30) days from 2ndMate’s notice to you thereof; provided that, 2ndMate can terminate the 2ndMate Service immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    
12. Disclaimer of Warranties. The Website is provided “as is”. 2ndMate and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither 2ndMate nor its suppliers and licensors, makes any warranty that the 2ndMate Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the 2ndMate Service at your own discretion and risk.
13. Limitation of Liability. In no event will 2ndMate, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to 2ndMate under this agreement during the twelve (12) month period prior to the cause of action. 2ndMate shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty. You represent and warrant that (i) your use of the 2ndMate Service will be in strict accordance with the 2ndMate Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States, Australia or the country in which you reside) and (ii) your use of the 2ndMate Service will not infringe or misappropriate the intellectual property rights of any third party.
15. Indemnification. You agree to indemnify and hold harmless 2ndMate, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the 2ndMate Service, including but not limited to your violation of this Agreement.
16. Miscellaneous. This Agreement constitutes the entire agreement between 2ndMate and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of 2ndMate, or by the posting by 2ndMate of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the 2ndMate Service will be governed by the laws of the state of Queensland, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Brisbane, Queensland, Australia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Commercial Arbitration Act 1990. The arbitration shall take place in Brisbane, Queensland, Australia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; 2ndMate may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

End of Terms & Conditions

Gratitude

Thanks to the guys at Wordpress for distributing and sharing the predominant part of these terms under the Creative Commons Sharealike licence, and for all the good they've done for the world since releasing the first Wordpress "back in the day". Cheers guys.