ThisisMarilyn, Inc. ("Marilyn" or "we") operates ThisisMarilyn.com, which is a social networking platform that allows Members to create unique personal profiles online in order to find and communicate with old and new Marilyn Monroe fans. The services offered by Marilyn include any Marilyn-branded URL (the "Marilyn Website"), Marilyn messaging services (including, without limitation, private messaging, and email services), video services, Marilyn developer services, Marilyn mobile services, and any other features, content, or applications offered from time to time by Marilyn in connection with Marilyn business (collectively, the "Marilyn Services"). The Marilyn Services are hosted in the United States. By accessing and using this website, User accepts and agrees to be bound, without limitation or qualification, to these terms. The right to use or access this website is not transferable to any person . Marilyn may, at any time , and at its sole discretion, modify, revise or alter this website.

This Terms of Use Agreement, may be changed and or modified from time to time, ("Agreement") constitutes legally binding terms and applies to all use of the Marilyn Services. By accessing and/or using the Marilyn Services, you agree to be bound by this Agreement,


Visitors (which means that you simply browse the Marilyn Services, including, without limitation, through a mobile or other wireless device, or otherwise use the Marilyn Services without being registered) or you are a "Member" (which means that you have registered with Marilyn). The term "User" refers to a Visitor or a Member. You are authorized to use the Marilyn Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and the terms of this Agreement.


Marilyn reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the Marilyn Services. All material modifications will apply prospectively only. Your continued use of the Marilyn Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Marilyn Services immediately.


Term This Agreement, and any posted revision to this Agreement, shall remain in full force and effect as a member or as a visitor use the Marilyn Services. You may terminate your Membership at any time, for any reason. Marilyn may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Marilyn also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, "messages") by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Marilyn Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation.

Proprietary Rights of Content on Marilyn Marilyn does not claim any ownership rights in the text, files, images, photos, video, sound, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the Marilyn Services. After posting your Content on, through or in connection with the Marilyn Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the Marilyn Services, you hereby grant to Marilyn a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on, through or in connection with the Marilyn Services, including, without limitation, through the Marilyn Services to applications, widgets, websites, news letters, magazines, blogs or mobile, desktop or other services which are linked with your Marilyn account (collectively, "Linked Services"), including, without limitation, distributing part or all of the Marilyn Services and any Content included therein, in any media formats and through any media channels. This limited license will grant Marilyn the right to sell or otherwise distribute your Content outside of the Marilyn Services or Linked Services. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the Marilyn Services, Marilyn is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.

The license you grant to Marilyn is non-exclusive (meaning you are free to license your Content to anyone else in addition to Marilyn), fully-paid and royalty-free (meaning that Marilyn is not required to pay you or anyone else deriving rights from you for the use on the Marilyn Services of the Content that you post), sublicensable (so that Marilyn is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Marilyn Services), and worldwide (because the Internet and the Marilyn Services are global in reach).

You represent and warrant that: (a) you own the Content posted by you on, through or in connection with the Marilyn Services, or otherwise have the right to grant the license set forth in this Section 6, and (b) the posting of your Content on, through or in connection with the Marilyn Services and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the Marilyn Services and/or Linked Services.

The Marilyn Services contain Content of Marilyn ("Marilyn Content"). Marilyn Content is protected by copyright, trademark, patent, trade secret and other laws, and Marilyn owns and retains all rights in the Marilyn Content and the Marilyn Services. Marilyn hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Marilyn Content (excluding any software code) solely for your personal use in connection with viewing the Marilyn Website and using the Marilyn Services.

The Marilyn Services contain Content of Users and other Marilyn licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Marilyn Services.

Marilyn performs technical functions necessary to offer the Marilyn Services, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the Marilyn Services. In addition, you agree and acknowledge that Marilyn may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Marilyn Services. Marilyn reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Marilyn Services.

Content and Activity Prohibited on Marilyn Marilyn reserves the right to investigate and take appropriate legal action against anyone who, in Marilyn sole discretion, violates this provision, including, without limitation, removing the offending Content from the Marilyn Services, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Marilyn:

A. Criminal or tortuous activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

B. 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;

C. Involves commercial activities and/or sales without prior written consent from Marilyn such as contests, sweepstakes, barter, advertising, or pyramid schemes;

D. Violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

E. Modifying, copying, distributing, downloading, any form or by any means, in whole or in part, any Content from the Marilyn Services other than your Content which you legally post in connection with the Marilyn Services;

F. Advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Marilyn Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Marilyn reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period.

G. Displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Marilyn Services on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by Marilyn, posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;

H. Engaging in, either directly or indirectly, or encouraging others to engage in, click-through generated through any manner that could be reasonably interpreted as coercive, incentives, misleading, malicious, or otherwise fraudulent; or using the Marilyn Services in a manner inconsistent with any and all Applicable Law.

I. Harasses or advocates harassment of another person;

J. Exploits people in a sexual or violent manner;

K. Contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website.

L. Solicits or is designed to solicit personal information from anyone under 18;

M. Publicly posts information that poses or creates a privacy or security risk to any person;

N. Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Marilyn Services;

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

P. Constitutes or 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 manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

Q. Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

R. Selling or otherwise transferring your profile, your email address or URL;

S. It is imperative that all Users respect issues regarding copyright. All content uploaded to the Marilyn service should be original works of your own. Proper permissions need to be obtained in any instance where your work may infringe on another artists original work.

T. As a member of Marilyn you must report all details of any unlawful activity you my be aware of and or take part in on Marilyn.

Contest. All contests and giveaways are in compliance with country, state and federal laws.

Disclaimers. Marilyn is not responsible for and makes no claims or warranties, as to the user content or the accuracy and reliability of the user content posted through or in connection with the Marilyn Services. Users of the Marilyn Services, understand user content does not necessarily reflect the opinions or policies of Marilyn. Marilyn is not responsible for any damage, injury or loss caused by users of the Marilyn Services or by any of the equipment or programming associated with or utilized in the Marilyn Services or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the Marilyn Services may contain links to other websites or services. Marilyn is not responsible for the content, accuracy or opinions expressed on such websites and services. When you access these third party sites and services, you do so at your own risk. Marilyn assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission.