Mongiello

Mike

Oscar

November

Golf

India

Echo

Lima

Lima

Oscar

"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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 Mongiello

Mike

Oscar

November

Golf

India

Echo

Lima

Lima

Oscar

 

  

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