Welcome to The Metal Society , an online community that gives you the opportunity to connect and communicate with like-minded persons, persons interested in heavy metal music.
We provide you with a free email service using the top level domain name “Metal.com,” subject to the terms and conditions stated herein.
The Metal Society network is owned and operated by Heavy Metal, LLC, located at 80 Peachtree Park Drive, Atlanta, Georgia 30309 ("We," "us," or "Heavy Metal"). By using The Metal Society web site ("Site") you agree to be bound by these Terms of Service (“TOS” or "Agreement"). This is a legally binding contract. In addition, if you wish to become a Member of The Metal Society ("Member") and communicate with other Members and make use of the Metal Society Network (“Network"), you must read and understand this Agreement and accept its terms by following the instructions on the Account page, by checking the box labeled "I agree to The Metal Society's terms of service (“TOS”).”
This Agreement sets out the terms and conditions of your use of the Site (even if you do not become a Member) and your membership in the Network (“Membership”), should you decide to join. Even transient use of the Site counts. Please note that we may modify your Membership at any time without prior notice to you. Any such Membership modifications are effective upon your using the Site or the Network, and any use by you of the Site or the Network after we modify your Membership terms and conditions will constitute your acceptance of the modification. The terms of our Privacy Policy, and any notices regarding the Site or the Network sent by us to you or posted on the Site are incorporated into and made a part of this Agreement.
1. Eligibility. You must be eighteen (18) years of age or older to register as a Member or to use the Site. No minors allowed. Use of the Site and Membership in the Network are void where prohibited. By agreeing to the terms and conditions of the Agreement or by using the Site, you represent and warrant that you are eighteen (18) years of age or older and that you have the right, authority, and legal capacity to enter into this Agreement and to abide by its terms and conditions.
2. Term. This Agreement will remain in full force and effect for as long as you use the Site and/or are a Member. Again, even transient use of the Site counts. You may terminate your Membership at any time, for any reason by following the instructions on the My Account page. We may terminate your Membership at any time and for any or no reason at all. If you have paid money to use the Network and we terminate your Membership because you have breached this Agreement, you are not entitled to any refund of unearned fees. That’s right, no refunds. Additionally, even after Membership is terminated, certain sections of this Agreement will remain in full force and effect. See Paragraph 15 below for those provisions of this Agreement which will survive the termination of your Membership.
3. Other Agreements. Please note that you may use certain software, services, or features of the Site or the Network that are provided by third parties. If so, then you may be required to agree to terms of service with those third parties as well. Any such terms of service are different from and in addition to this Agreement.
4. Non Commercial Use by The Metal Society. The Network and the site are for the personal use of individual Members only and may not be used in connection with any commercial actives without our express written consent. Organizations, companies, and/or businesses may not become Members and should not use the Network or the Site for any purpose. If you want to use our site for commercial purposes, pay us – become one of our advertisers. You may not copy, transfer, or use any names, photos, links, text, data, or other content belonging to or posted by The Metal Society or its Members for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the Site, including collecting usernames, e-mail addresses, or other personally identifiable information of Members by electronic or other means for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Website, or any other use not expressly permitted in this Agreement may be investigated. If we decide it is necessary in our sole discretion, we may take appropriate legal action, including without limitation, civil, criminal, and injunctive relief.
5. Proprietary Rights in Content.
Rights in Content Posted by The Metal Society or Its Members. We own and retain all proprietary rights in the Site and the Network. The Network and the Site contains certain copyrighted material, including links and compilations of data, trademarks, and other proprietary information of The Metal Society, our Members, and our licensors. What’s our, stays ours. Except for any information which is already located in the public domain, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary materials or information without our express written consent.
Rights in Content Posted by You. By publishing, displaying, or uploading (collectively, "Posting") any text, links, photos, video, messages, or other data or information ("Content") on or to the Site (including in on or to your profile), you thereby grant, and you represent and warrant that you have the right to grant, to The Metal Society and/or Heavy Metal an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such Content and to prepare derivative works thereof, or to incorporate into other works, such Content, and to grant and authorize our sublicenses the same. Thank you for the license in your works.
6. Content Posted by You to the Service and the Website.
Profile Information. PLEASE NOTE: THE INTERNET IS FILLED WITH SCAREY PEOPLE!!!! PLEASE CONSIDER CAREFULLY THE AMOUNT OF INFORMATION YOU WISH TO PUBLISH IN YOUR PROFILE.
Public Profile Information. Certain information about every Member will be included in that Member's profile, which will be available to any user of the Site, as well as to the general public through, for example, search engines like Yahoo! or Google. Think very carefully before you include any of the information in your profile:
Your real name
Gender
Age
Marital Status
People the Member is interested in meeting (e.g., "Dating Men," "Dating Women," "Friends," etc.)
Location (physical address)
Hometown
The URL of the Member's profile
Removal of Content. You understand and agree that we may review and delete any Content that you include in your profile, or otherwise Post on any area of the Site (which may include deleting your entire profile) that we, in our sole judgment, believe (1) violates this Agreement, (2) might be offensive or illegal, or (3) might violate the rights of, harm, or threaten the safety of any other Member.
Member Identity. Your profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, a commercial enterprise, or a real individual who is not you. Please be real.
Member Responsibility for Content. You are solely responsible for the Content that you Post on the Site or via the Network, or transmit to other Members.
Prohibited Content. We are not obligated to police the Site or the Service for offensive or illegal Content or Postings. However, we may do so in our sole and absolute discretion. Accordingly, the following is a partial list of the kind of Content that is illegal or prohibited on the Site. Posting of any of this Content by you may, in our sole discretion, result in termination of your Membership and the loss of any subscription fees paid by you. In addition, we reserve the right (but are not so obligated) to investigate and take appropriate legal action, in our sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Site and reporting such violators to the appropriate legal authorities. Things you may not Post or do. Prohibited Content includes, but is not limited to, Content which, in our sole judgment:
is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail," "chain letters," "spam," or any other unsolicited mass mailing, e-mailing, or other communication;
includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory, or libelous;
constitutes or includes any illegal or unauthorized copy of another person's copyrighted or copyrightable work, including, but not limited to, (1) pirated computer programs or links to them, (2) information which circumvents manufacturer-installed copy-protect devices, (3) pirated music or links to pirated music files, or (4) Content which otherwise violates the terms of Section 8 below;
displays pornographic or sexually explicit material of any kind;
includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personally identifying information for commercial or unlawful purposes from other Members;
constitutes or includes any promotion, sales or other commercial activity such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
solicits people you don't know to add you or accept you as a friend on the Network.
By agreeing to the terms and conditions of this TOS, you are limiting your legal rights of recourse against us. Even if you are exposed to offensive content, you may not sue us. Neither we, nor any of our attorneys, officers, directors, employees, shareholders, advertisers, or corporate partners will in any way be responsible for any damages (to or from any party) related to any such exposure. Please see Sections 10 and 11 below for further limitations on our liability.
Addition Applicable Restrictions on Your Use of the Site and Network.
You must use the Site and the Network in a manner consistent with any and all applicable state and federal laws and regulations. Be legal.
You may not include in your Member profile any telephone numbers, street addresses, or e-mail addresses. Be safe.
Although The Metal Society cannot monitor the conduct of its Members off the Site, it is a violation of this Agreement to use any information obtained from the Network or the Site to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without the prior explicit consent of such Member and The Metal Society. In order to protect our Members from such conduct, we reserve the right (but do not have the obligation) to restrict the number of e-mails or other communications which a Member may send to other Members at any time and in our sole and absolute discretion. Practice the Golden Rule.
Copyright Protection Policy. You may not Post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned by another party without obtaining the prior written consent of the owner. Respect other people’s property. If you believe that your work has been copied and Posted on the Site in a way that constitutes copyright infringement, please contact us immediately.
Member Disputes. You are solely responsible for your interactions with other Members. We reserve the right, although we have no obligation, to monitor disputes between you and other Members, and to take any action that we feel may be appropriate in our sole and absolute discretion, consistent with the terms of this Agreement, including the termination of the Membership of one or more Members. Play nice.
Disclaimers.
We are not responsible for any incorrect or inaccurate Content Posted on the Site or in connection with the Network, whether caused by users of the Website, Members, our advertisers or corporate partners, or by any of the equipment or programming associated with or utilized in the operation of the Site or the Network.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OR OTHER USER OF THE SITE OR THE NETWORK. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS OR OTHER USERS, OR ANY LAWFUL OR UNLAWFUL INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE SITE OR THE NETWORK, IRRESPECTIVE OF THE NATURE OF THE INTERACTION.
AS-IS: We assume 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. We are 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 e-mail or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Site, any Member, or any other person related to or resulting from use of the Site or Network, viewing, playing or downloading any materials on or from the Site or through the use of the Network, or otherwise in any way in connection with the Site or the Network. The Site and the Network are provided "AS-IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including, but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Site or the Network. No advice or information, whether oral or written, obtained by you from us, or from or through the Site or the Network shall create any warranty not expressly stated herein.
Limitations on Liability. Notwithstanding any other provision of this Agreement to the contrary, our entire liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the sum of One ($1.00) Dollar during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any monetary damages, whether direct, in direct, consequential, exemplary, incidental, special or punitive damages, including lost profits arising from your use of the Site or the Network That’s right, no money, ever.
Disputes. If there is any dispute between you and us about or involving the concerning your use of the Site or the Network you agree that the dispute will be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You agree to personal jurisdiction under and venue in the state and federal courts located in Fulton County, Atlanta, Georgia for the resolution of any such dispute. You also agree to arbitrate any dispute between you and us in accordance with the Rules of the American Arbitration Association.
Indemnity. You agree to indemnify and hold The Metal Society, its subsidiaries, affiliates, attorneys, officers, agents, employees, and corporate or other partners harmless from any loss, liability, claim, or demand, including reasonable attorneys. fees, arising out of or relating to: (a) your use of the Site or the Network (including the Posting by you of any Content on the Site) in violation of this Agreement; (b) any other breach of this Agreement by you; or (c) any breach of your representations and warranties set forth above.
No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Site, such as an advertiser.
Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination, and you and we will continue to be bound by such terms indefinitely: Section 2 (Term), Section 5 (Proprietary Rights in Content), Section 9 (Member Disputes), Section 10 (Disclaimers), Section 11 (Limitation on Liability), Section 12 (Disputes), Section 13 (Indemnity), Section 15 (Survival), and Section 16 (Other).
Other. You will be deemed to have accepted the terms of this Agreement upon use of the Site, the Network or by becoming a Member. This Agreement, together with our Privacy Policy, and any notices regarding the Site or the Network sent to you or posted on the Site, which are incorporated herein by reference, contains the entire Agreement between you and us regarding the use of the Website or the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The Metal Society® is a pending service mark of Heavy Sounds, LLC.