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1. ACCEPTANCE OF TERMS
Welcome 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.multimedia.com.ro/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 SERVICE
MultiMedia 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.
You are responsible for obtaining access to the Service and
that access may involve third party fees. You are
responsible for those fees, including those fees associated
with the display or delivery of advertisements. In addition,
you must provide and are responsible for all equipment
necessary to access the Service.
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.multimedia.com.ro/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:
office@multimedia.com.ro
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.
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