Terms of Service
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.