MTWorld
Website
Terms of Use & Notices
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AGREEMENT BETWEEN USER AND MTWorld
The MTWorld.com Web Site is a part
of the MTWorld Network which is comprised of various
Web sites and Web pages operated by MTWorld or its
affiliates (collectively, the "MTWorld Web Sites").
The MTWorld Web Sites are
offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your
use of the MTWorld Web Sites constitutes your agreement
to all such terms, conditions, and notices. Your use of a
particular MTWorld Web Site included within the MTWorld
Web Sites may also be subject to additional terms outlined
within this agreement or contained within the specific Web
Site in question.
Additionally, the MTWorld
Web Sites may themselves contain additional terms that govern
particular features or offers.
In the event that any of the terms,
conditions, and notices contained herein conflict with the
Additional Terms or other terms and guidelines contained within
any particular MTWorld Web Site, then these terms shall
control.
If a particular MTWorld
Web Site or Service requires that you open an account, you
must complete the registration process by providing us with
current, complete and accurate information as prompted by
the applicable registration form. You then will choose a password
and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. Furthermore,
you are entirely responsible for any and all activities that
occur under your account. You agree to notify MTWorld
imtely of any unauthorized use of your account or any
other breach of security. MTWorld and its affiliates
will not be liable for any loss that you may incur as a result
of someone else using your password or account, either with
or without your knowledge. However, you could be held liable
for losses incurred by MTWorld or another party due
to someone else using your account or password. You may not
use anyone else's account at any time, without the permission
of the account holder.
MODIFICATION OF THESE TERMS OF USE
MTWorld reserves the right
to change the terms, conditions, and notices under which the
MTWorld Sites/Services are offered, including but not
limited to the charges associated with the use of the MTWorld
Sites and Services. You are responsible for regularly
reviewing these terms and conditions and additional terms
posted on particular websites. Your continued use of the MTWorld
Sites and Services constitutes your agreement to all
such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the
MTWorld Sites and Services are for your personal and
non-commercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information,
products or services obtained from the MTWorld Sites/Services.
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LINKS TO THIRD PARTY SITES
The MTWorld Network of
Sites may contain links to third party Web sites ("Linked
Sites"). The Linked Sites are not under the control of MTWorld
and MTWorld is not responsible for the contents
of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a
Linked Site. MTWorld is not responsible for webcasting
or any other form of transmission received from any Linked
Site nor is MTWorld responsible if the Linked Site
is not working appropriately. MTWorld is providing
these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by MTWorld of
the site or any association with its operators. You are responsible
for viewing and abiding by the privacy statements and terms
of use posted at the Linked Sites.
Any dealings with third parties
(including advertisers) included within the MTWorld
Netword of Sites or participation in promotions, including
the delivery of and the payment for goods and services, and
any other terms, conditions, warranties or representations
associated with such dealings or promotions, are solely between
you and the advertiser or other third party. MTWorld
shall not be responsible or liable for any part of any such
dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of
the MTWorld Network of Sites and/or Services, you will
not use the MTWorld Sites/Services for any purpose
that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the MTWorld Sites/Services
in any manner which could damage, disable, overburden, or
impair any MTWorld Site/Service(s) (or the network(s)
connected to any MTWorld Site/Service(s)) or interfere
with any other party's use and enjoyment of any MTWorld
Site/Service(s). You may not attempt to gain unauthorized
access to any MTWorld Site/Service, other accounts,
computer systems or networks connected to any MTWorld
Site/Service, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available
through the MTWorld Sites/Services.
USE OF SERVICES
The MTWorld Sites/Services
may contain e-mail services, bulletin board services, chat
areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message
or communication facilities designed to enable you to communicate
with others (collectively, "Communication Services"). You
agree to use the Communication Services only to post, send
and receive messages and material that are proper and, when
applicable, related to the particular Communication Service.
By way of example, and not as a limitation, you agree that
when using a Communication Service, you will not:
- Use the Communication Service
in connection with surveys, contests, pyramid schemes, chain
letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
- Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others.
- Publish, post, upload, distribute
or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information.
- Upload 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.
- Upload files that contain viruses,
Trojan horses, worms, time bombs, cancelbots, , corrupted
files, or any other similar software or programs that may
damage the operation of another's computer or property of
another.
- Advertise or offer to sell or
buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages.
- Download any file posted by
another user of a Communication Service that you know, or
reasonably should know, cannot be legally distributed in
such manner.
- Falsify or delete any author
attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software
or other material contained in a file that is uploaded.
- Restrict or inhibit any other
user from using and enjoying the Communication Services.
- Violate any code of conduct
or other guidelines which may be applicable for any particular
Communication Service.
- Harvest or otherwise collect
information about others, including e-mail addresses.
- Violate any applicable laws
or regulations.
- Create a false identity for
the purpose of misleading others.
- Use, download or otherwise copy,
or provide (whether or not for a fee) to a person or entity
any directory of users of an MTWorld Site/Service(s)
or other user or usage information or any portion thereof.
MTWorld has no obligation
to monitor the Communication Services. However, MTWorld
reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion.
MTWorld reserves the right to terminate your access
to any or all of the Communication Services at any time, without
notice, for any reason whatsoever.
MTWorld reserves the right
at all times to disclose any information as MTWorld
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 MTWorld's sole discretion.
Always use caution when giving
out any personally identifying information about yourself
or your children in any Communication Service. MTWorld
does not control or endorse the content, messages or information
found in any Communication Service and, therefore, MTWorld
specifically disclaims any liability with regard to
the Communication Services and any actions resulting from
your participation in any Communication Service. Managers
and hosts are not authorized MTWorld spokespersons,
and their views do not necessarily reflect those of MTWorld
.
Materials uploaded to a Communication
Service may be subject to posted limitations on usage, reproduction
and/or dissemination, you are responsible for adhering to
such limitations if you download the materials.
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MATERIALS PROVIDED TO MTWORLD OR
POSTED AT ANY MTWORLD WEB SITE
MTWorld does not claim ownership
of the materials you provide to MTWorld (including
feedback and suggestions) or post, upload, input or submit
to any MTWorld Site/Service or its associated services
for review by the general public (each a "Submission" and
collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are
granting MTWorld, its affiliated companies and necessary
sublicensees permission to use your Submission in connection
with the operation of their Internet businesses including,
without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate
and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with
respect to the use of your Submission, as provided herein.
MTWorld is under no obligation to post or use any Submission
you may provide and MTWorld may remove any Submission
at any time in its sole discretion.
By posting, uploading, inputting,
providing or submitting your Submission you warrant and represent
that you own or otherwise control all of the rights to your
Submission as described in this section including, without
limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
CONTENT AVAILABLE THROUGH THE MTWORLD
NETWORK OF SITES
All content that is made available
to view and/or download in connection with the MTWorld
Network of Sites and/or Services,("Content") is owned by and
is the copyrighted work of MTWorld and/or its affiliates
and/or its suppliers and is protected by copyright laws and
international treaty provisions. Any reproduction or redistribution
of the Content is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED.
LIABILITY DISCLAIMER
THE INFORMATION, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MTWORLD
NETWORK OF SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE MTWORLD
SITES/SERVICES AND TO THE INFORMATION THEREIN. MTWORLD
AND/OR ITS SUPPLIERS AND AFFILIATES MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE MTWORLD NETWORK OF SITES/SERVICES
AT ANY TIME. ADVICE RECEIVED VIA THE MTWORLD SITES/SERVICES
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MTWORLD AND/OR ITS SUPPLIERS
AND AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR
OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE
MTWORLD NETWORK OF SITES/SERVICES FOR ANY PURPOSE.
ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MTWORLD
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT MTWORLD
SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL
OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH A MTWORLD SITE/SERVICE. YOU SPECIFICALLY
AGREE THAT MTWORLD IS NOT RESPONSIBLE OR LIABLE FOR
ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL
CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT
OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS.
YOU SPECIFICALLY AGREE THAT MTWORLD IS NOT RESPONSIBLE
FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A MTWORLD
SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL MTWORLD
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE MTWORLD NETWORK
OF SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE
MTWORLD SITES/SERVICES OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
MTWORLD NETWORK OF SITES/SERVICES, OR OTHERWISE ARISING
OUT OF THE USE OF THE MTWORLD SITES/SERVICES, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF MTWORLD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE MTWORLD SITES/SERVICES, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE MTWORLD NETWORK OF SITES/SERVICES.
STORAGE SPACE AND OTHER LIMITATIONS
The amount of storage space per
user is limited for each MTWorld Site/Service which
provides such storage. Some messages may not be processed
due to space constraints or outbound message limitations.
You agree that MTWorld is not responsible or liable
for the deletion or failure to store messages or other information.
TERMINATION/ACCESS RESTRICTION
MTWorld reserves the right,
in its sole discretion, to terminate your access to any or
all MTWorld Network of Sites/Services and the related
services or any portion thereof at any time, without notice.
MTWorld shall have no obligation
to maintain any content or to forward any unread or unsent
messages to you or any third party.
NO SPAM; DAMAGES
MTWorld will imtely
terminate any account which it believes, in its sole discretion,
is transmitting or is otherwise connected with any spam or
other unsolicited bulk email. In addition, because damages
are often difficult to quantify, if actual damages cannot
be reasonably calculated then you agree to pay MTWorld
liquidated damages of $5 for each piece of spam or unsolicited
bulk email transmitted from or otherwise connected with your
account, otherwise you agree to pay MTWorld's actual
damages, to the extent such actual damages can be reasonably
calculated.
LANGUAGE
It is the express will of the parties
that this agreement and all related documents have been drawn
up in English.
GENERAL
This agreement is governed by
the laws of the State of Utah, U.S.A. You hereby irrevocably
consent to the exclusive jurisdiction and venue of courts
in Utah County, Utah, U.S.A. in all disputes arising out of
or relating to the use of the MTWorld Sites/Services.
Use of the MTWorld Sites/Services is unauthorized in
any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and
MTWorld as a result of this agreement or use of the
MTWorld Sites/Services. You agree to indemnify and
hold MTWorld, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim, demand, or
damage, including reasonable attorneys' fees, asserted by
any third party due to or arising out of your use of or conduct
on the MTWorld Network of Sites/Services. MTWorld
reserves the right to disclose any personal information
about you or your use of the MTWorld Sites/Services,
including its contents, without your prior permission if MTWorld
has a good faith belief that such action is necessary
to: (1) conform to legal requirements or comply with legal
process; (2) protect and defend the rights or property of
MTWorld or its affiliated companies; (3) enforce the
terms or use; or (4) act to protect the interests of its members
or others. MTWorld's performance of this agreement
is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of MTWorld's
right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the MTWorld
Sites/Services or information provided to or gathered
by MTWorld with respect to such use. If any part of
this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the
entire agreement between the user and MTWorld and its
affiliates with respect to the MTWorld Sites/Services
and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between
the user and MTWorld with respect to the MTWorld
Sites/Services. A printed version of this agreement and of
any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the MTWorld
Network of Web Sites are: Copyright (c) 1995 -
MTWorld and/or its suppliers and affiliates, All rights
reserved.
TRADEMARKS. All MTWorld
trademarks referenced herein are either trademarks or registered
trademarks of MTWorld and or its suppliers and affiliates.
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners.
The example companies, organizations,
products, people and events depicted herein are fictitious.
No association with any real company, organization, product,
person, or event is intended or should be inferred.
Any rights not expressly granted
herein are reserved.
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