3. YOUR REGISTRATION OBLIGATIONS
In 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 POLICY
Registration 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 SECURITY
You 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 CONDUCT
You 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.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a MultiMedia
official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that MultiMedia does not pre-screen Content, but that MultiMedia
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service.
Without limiting the foregoing, MultiMedia and its designees shall have the
right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on any
Content created by MultiMedia or submitted to MultiMedia, including without
limitation information in MultiMedia Message Boards, MultiMedia Clubs, and in
all other parts of the Service.
You acknowledge and agree that MultiMedia may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the rights, property, or
personal safety of MultiMedia, its users and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing 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
SERVICE
MultiMedia 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:
With respect to Content you submit or make available for inclusion on publicly
accessible areas, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service solely for the
purposes of providing and promoting the specific MultiMedia to which such
Content was submitted or made available. This license exists only for as long as
you elect to continue to include such Content on the Service and will terminate
at the time you remove or MultiMedia removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available
for inclusion on publicly accessible area of the Service, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display such
Content on the Service solely for the purpose for which such Content was
submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the
time you remove or MultiMedia removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit
or make available for inclusion on publicly accessible areas of the Service, the
perpetual, irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly
display such Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the MultiMedia
network of properties that are intended by MultiMedia to be available to the
general public. By way of example, publicly accessible areas of the Service
would include MultiMedia Message Boards and portions of MultiMedia Clubs and
MultiMedia Groups that are open to both members and visitors. However, publicly
accessible areas of the Service would not include portions of MultiMedia Clubs
and MultiMedia Groups that are limited to members, MultiMedia services intended
for private communication, or areas off of the MultiMedia network of properties
such as portions of World Wide Web sites that are accessible through MultiMedia
Webring but are not hosted or served by MultiMedia.
9. INDEMNITY
You 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 SERVICE
You 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 STORAGE
You 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 SERVICE
MultiMedia 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. TERMINATION
You 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 ADVERTISERS
Your 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. LINKS
The 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 RIGHTS
You 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.
MultiMedia grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided
that you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in
or otherwise transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the Software,
including (without limitation) for the purpose of obtaining unauthorized access
to the Service. You agree not to access the Service by any means other than
through the interface that is provided by MultiMedia for use in accessing the
Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. YAHOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. MultiMedia MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
MultiMedia OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU 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 LIMITATIONS
SOME 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
MATTERS
If 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. NOTICE
Notices 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 INFORMATION
The 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 AGENTS
MultiMedia 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:
an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you
claim has been infringed;
a description of where the material that you claim is infringing is located on
the site;
your address, telephone number, and email address;
a 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;
a statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
MultiMedia's Agent for Notice of claims of copyright or other intellectual
property infringement can be reached as follows:
By phone: +(40-745) 526-896
By email:
[email protected]
24. GENERAL INFORMATION
The 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.
The section titles in the TOS are for convenience only and have no legal or
contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to our
Customer Care group.
