| "Disclaimer and copyright notice
1. Application: This disclaimer applies to: (a) the use of any
services and information obtained through or available at Mongiello
Holdings, LLC. group of companies (MHGC), which services may include
but not limited to personal web pages, photo albums, download services
of ring tone and graphics, e-mail services, media, videos, recordings,
flyers, pamphlets, posters, CD's, DVD's, tapes, bulletin board services,
chat areas and other message or communication services (collectively
"the services"); (b) all information stored on or receivable
through these sites or any other associated servers (collectively
"servers") ("Information"); and (c) any goods or
services offered, accessed or obtained through the services, by you (the
"User").
This disclaimer limits the liability of MHGC and its associated
companies, employees, agents, contractors and any third party
Information provider (collectively "MHGC") in relation to any
such use, Information, goods and services.
2. Copyright: (a) The Information may be protected under intellectual
property laws and rights (including without limitation laws protecting
copyright). If the User downloads, copies, transmits, publishes, stores
or otherwise uses the Information without the consent of the owner of
such rights, the User may infringe such laws or rights. It is the User's
responsibility to determine whether any such infringement
("Copyright Infringement" ) will occur. (b) MHGC does not
claim ownership of the materials you provide to MHGC, pursuant to the
services (including photos, videos, text description, ring tones,
graphics, feedback and suggestions) or post, upload, input or submit to
any MHGC Services for review by the general public ("User
Materials"). However, by posting, uploading, inputting, providing
or submitting your User Materials, you are granting MHGC permission to
use your User Materials in connection with their businesses including,
without limitation, the rights to copy, distribute, transmit, publicly
display, reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your User Materials.
No compensation will be paid with respect to the use of your User
Materials as provided herein. MHGC is under no obligation to post or
use any User Materials you may provide and MHGC may remove any User
Materials at any time in its sole discretion.
By posting, uploading, inputting, providing or submitting your User
Materials, you warrant and represent that you own or otherwise control
all of the rights to your User Materials as described herein, including,
without limitation, all the rights necessary for you to provide, post,
upload, input or submit the User Materials.
3. General Disclaimer: MHGC expressly, to the extent permitted by
law, disclaims any responsibility, representation or warranty: (a) in
relation to the quality, operation, use, accuracy, or timeliness of, or
the fitness or use for any purpose of the MHGC Services or the
Information; (b) in relation to any goods or services accessed, offered
or obtained through the servers or the services or pursuant to the
Information; (c) that any access to the servers, the services or the
Information will be uninterrupted or error free or that the Information
does not contain any viruses, or contaminating or destructive
properties; (d) that the Information will not be objectionable or
offensive to the User or any other person; (e) for any error, omission
or misstatement in or arising from the Information.
MHGC does not endorse or recommend any person, organization, name,
product or service referred to in the Information, nor does the
Information constitute or represent MHGC's recommendations, advice
views, opinions, attitude, position or standpoint. MHGC will not be a
party to any transaction between the User and any third person in any
way relating to the Information or made through the MHGC Servers or the MHGC
Services unless and only to the extent expressly stated in writing
otherwise.
4. Limitation of Liability: To the extent permitted by law, MHGC shall not be liable to the User or any other person whether in tort,
contract, statute or otherwise (including without limitation for
negligence, breach of contract, defamation, or intellectual property
right infringement) for: (a) any direct loss; (b) any consequential or
indirect loss (including without limitation loss of revenue or profits);
or (c) the User's liability to any other person, which is suffered or
incurred by the User or any other person arising under or in any way out
of the Information or the MHGC Services.
Without limitation to the foregoing, MHGC shall not be liable to the
User or any other person, body corporate, unincorporated association or
an authority for any failure, delay, malfunction or non-performance of
the MHGC Services or any function relating thereto directly or
indirectly due to the advent of year 2000.
5. Confidentiality: MHGC does not warrant (and accepts no
responsibility for) confidentiality of any information or data whether
personal or otherwise transmitted through the MHGC Servers and/or MHGC Services.
MHGC's current practice is to take reasonable steps to
maintain confidentiality. (Refer also to MHGC's personal data policies
current from time to time).
6. User's Obligations In consideration of MHGC allowing the User
access to the Information, MHGC Sites, MHGC Servers and/or MHGC Services, the User agrees: (a) not to carry out or allow any Copyright
Infringement; (b) not to use the Information or the User's access to the
MHGC Sites, MHGC Servers and/or MHGC Services for any illegal,
improper, obscene or defamatory purpose or any purpose which is
prohibited hereunder; (c) not to publish, post, upload, distribute or
disseminate any inappropriate, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information; (d) not to upload
materials, information or files that contain software or other material
protected by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have received
all necessary consents to do the same; (e) not to upload materials,
information or files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's
computer or property of another; (f) not to violate any code of conduct
or other guidelines which may be applicable for any particular MHGC Service; (g) not to use the
MHGC Services in any manner which could
damage, disable, overburden, or impair any MHGC Service (or the
network(s) connected to any MHGC Services) or interfere with any other
party's use and enjoyment of any MHGC Services; (h) not to attempt to
gain unauthorized access to any MHGC Services, other accounts, computer
systems or networks connected to any MHGC Services through hacking or
any other means; (i) unless otherwise specified, not to use the MHGC Services for any commercial purpose. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information,
software, products or services obtained from the MHGC's Services; (j)
to take all steps to ensure the Information does not damage the User's
information or systems; (k) to MHGC conducting research on access to
the Information; (l) to all MHGC's disclaimers and limitations of
liability set out in this disclaimer, and to MHGC's personal data
policies current from time to time applying.
7. Rights of MHGC: MHGC has no obligation to monitor the User
Materials. However, MHGC reserves the right to review the User
Materials and to remove any materials in its sole discretion. MHGC reserves the right to terminate your access to any or all of the
MHGC Services at any time, without notice, for any reason whatsoever.
MHGC reserves the right at all times to disclose any information as MHGC
deems necessary to satisfy any applicable law, regulation, legal process
or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in MHGC's sole
discretion.
8. Law and Sever ability: American law governs this disclaimer, and
each part of this disclaimer shall apply to the extent permitted
thereby. Any part of this disclaimer which is prohibited or
unenforceable in any jurisdiction is ineffective as to that jurisdiction
only to the extent of the prohibition or unenforceability. That does not
invalidate the remaining parts of this disclaimer nor affect the
validity or enforceability of that part in any other jurisdiction. Where
this disclaimer is available in other languages, the English version is
the governing version and shall prevail whenever there is a discrepancy
between the two versions."
1. Portions of these excerpts are credited directly to the
Orange Network 2001.
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