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1. ACCEPTANCE OF TERMSWelcome to MultiMedia. MultiMedia provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.teleactivities.net/terms.html. In addition, when using particular MultiMedia services, you and MultiMedia shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. 2. DESCRIPTION OF SERVICEMultiMedia currently provides users
with access to a rich collection of resources. You understand and
agree that the Service is provided "AS-IS" and that MultiMedia assumes
no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications or personalization settings.
3. YOUR REGISTRATION OBLIGATIONSIn consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MultiMedia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MultiMedia has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). MultiMedia is concerned about the safety and privacy of all its users, particularly children. 4. MultiMedia PRIVACY POLICYRegistration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.teleactivities.net/privacy.html 5. MEMBER ACCOUNT, PASSWORD AND SECURITYYou will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MultiMedia of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MultiMedia cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. 6. MEMBER CONDUCTYou understand that all information,
data, text, software, music, sound, photographs, graphics, video,
messages or other materials ("Content"), whether publicly posted or
privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not MultiMedia,
are entirely responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. MultiMedia does
not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will MultiMedia be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via
the Service. 7. SPECIAL ADMONITIONS FOR INTERNATIONAL USERecognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICEMultiMedia does not claim ownership
of Content you submit or make available for inclusion on the Service.
However, with respect to Content you submit or make available for
inclusion on publicly accessible areas of the Service, you grant
MultiMedia the following world-wide, royalty free and non-exclusive
license(s), as applicable: 9. INDEMNITYYou agree to indemnify and hold MultiMedia, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 10. NO RESALE OF SERVICEYou agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 11. GENERAL PRACTICES REGARDING USE AND STORAGEYou acknowledge that MultiMedia may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on MultiMedia's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MultiMedia has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that MultiMedia reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MultiMedia reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 12. MODIFICATIONS TO SERVICEMultiMedia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MultiMedia shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 13. TERMINATIONYou agree that MultiMedia may, under certain circumstances and without prior notice, immediately terminate your MultiMedia account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your MultiMedia account includes (a) removal of access to all offerings within the Service, including but not limited to MultiMedia Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in MultiMedia's sole discretion and that MultiMedia shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. 14. DEALINGS WITH ADVERTISERSYour correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MultiMedia shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 15. LINKSThe Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MultiMedia has no control over such sites and resources, you acknowledge and agree that MultiMedia is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MultiMedia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 16. MultiMedia'S PROPRIETARY RIGHTSYou acknowledge and agree that the
Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You
further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by MultiMedia or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based
on the Service or the Software, in whole or in part. 17. DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE
THAT: 18. LIMITATION OF LIABILITYYOU EXPRESSLY UNDERSTAND AND AGREE THAT MultiMedia SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 19. EXCLUSIONS AND LIMITATIONSSOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU. 20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERSIf you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. MultiMedia and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information. 21. NOTICENotices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. 22. TRADEMARK INFORMATIONThe MultiMedia logo and other MultiMedia logos and product and service names are trademarks of MultiMedia Inc. (the "MultiMedia Marks"). Without MultiMedia's prior permission, you agree not to display or use in any manner, the MultiMedia Marks. 23. COPYRIGHTS and COPYRIGHT AGENTSMultiMedia respects the intellectual
property of others, and we ask our users to do the same. If you
believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please provide MultiMedia's Copyright Agent the
following information: 24. GENERAL INFORMATIONThe TOS constitute the entire
agreement between you and MultiMedia and govern your use of the
Service, superceding any prior agreements between you and MultiMedia.
You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or
third-party software. The TOS and the relationship between you and
MultiMedia shall be governed by the laws of the State of California
without regard to its conflict of law provisions. You and MultiMedia
agree to submit to the personal and exclusive jurisdiction of the
courts located within Romania and considering the international laws.
The failure of MultiMedia to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS must be
filed within one (1) year after such claim or cause of action arose or
be forever barred. 25. VIOLATIONSPlease report any violations of the TOS to our Customer Care group. |
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