Megaglobe Terms of Service

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Megaglobe Home Search Rewards Terms of Service Privacy Policy Contact Us		Welcome to the Megaglobe, a web site operated by Megaglobe Inc, a corporation with offices located in Georgia and New York. This document explains the terms and conditions for using our Site (the "Agreement"). By using our Site, you consent to this Agreement and any new version of it posted since your last visit. If the Agreement is not acceptable, then please do not use our Site. This Agreement was last updated on 01 August 2006. YOUR ACCOUNT & PASSWORD If you register an account, you represent that you are at least 18 years old and that, to the best of your knowledge and belief, your registration information is truthful, accurate and complete. A user name and password will be assigned by us or chosen by you. You are responsible for maintaining the secrecy of your password and for activities occurring under your account. Be sure to change your password promptly and notify us if you believe your account is being accessed by others. Each user must register separately. You may not loan your user name and password to others. USING OUR CONTENT & SITE Our Proprietary Rights. Our Site may contain an assortment of information, data, software, images, video clips, music, links, logos and other material ("Content") that are the copyright, trademark or other intellectual property of the owners of this Site or third party suppliers. The Content in this Site is copyrighted individually and as a collective work. All rights are reserved. The name "Megaglobe" and other names appearing herein are the trademarks or registered trademarks of the Site or the respective third party owners. You will ensure that all copyright, trademark or other proprietary rights notices appearing on any Content remain intact and legible. All licenses are non-exclusive. Except as you may be expressly permitted by this Agreement, you may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Content in any form, format or media or by means of any technology without obtaining the prior written authorization of the owners and creators of and any other owner of the Intellectual Property Rights in such Content. All copyrights and copyrightable materials which are a part of the web site including, without limitation, the Megaglobe logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are owned by Megaglobe, Inc. Linking to Our Site. You may not display our Content within a frame or border, or "deep link" or harvest Content located below our top-most URL. You will not link to our Site or Content in a manner that suggests an endorsement or affiliation between our sites. You will remove any link to our Site that we find objectionable promptly upon request. Reservation of Rights. All content, communications, software applications, digital products, updates and features of this Site are copyrighted by the Site, its owners, suppliers or other third parties. We reserve all rights not specifically granted to you. This means permission to use the Site and related intellectual property rights will be narrowly interpreted by a court in our favor. Except as specifically authorized in this Agreement, you may not store, copy, reproduce, adapt, reformat, create derivative works of, transmit, disseminate, publicly display or perform any copyrighted material from this Site. You may not reverse engineer our Site or any software obtained from it to discover its underlying design or inner workings (and you will hold in confidence for our benefit alone anything discovered in violation of this provision). If you infringe our intellectual property rights or exceed the scope of permitted use of this Agreement, you agree that we could be irreparably injured and may obtain a court order without necessity of posting bond to enjoin you from further mischief. 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 whom such content originated. This means that you, and not X, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Megaglobe sites. Megaglobe does not control the content posted via the Megaglobe sites and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Megaglobe sites, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Megaglobe be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or 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 Megaglobe sites. You agree to not use the Megaglobe sites to : upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a Megaglobe official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Megaglobe sites; 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); upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 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) that are designated for such purpose; 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; disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Megaglobe sites are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; interfere with or disrupt the Megaglobe sites or servers or networks connected to the Megaglobe sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Megaglobe sites; 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; provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; stalk or otherwise harass another; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the conditions above. You acknowledge that Megaglobe may or may not pre-screen content, but that Megaglobe and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the Megaglobe sites. You acknowledge that the determination regarding any content (and in particular whether such content violates any of the foregoing restrictions) shall be made exclusively by X, in its sole discretion. Without limiting the foregoing, Megaglobe 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 Megaglobe or submitted to X, including without limitation information in Megaglobe Message Boards and in all other parts of the Megaglobe sites. You acknowledge, consent and agree that Megaglobe may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Agreement; respond to claims that any content violates the rights of third parties; respond to your requests for customer service; protect the rights, property or personal safety of X, its users and the public. You understand that the technical processing and transmission of the Megaglobe sites, 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. You understand that the Megaglobe sites and software embodied within the Megaglobe sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Megaglobe and/or content providers who provide content to the Megaglobe sites. You may not attempt to override or circumvent any of the usage rules embedded into the Megaglobe sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Megaglobe sites, in whole or in part, is strictly prohibited. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the Megaglobe site, use of the Megaglobe site, or access to the Megaglobe site. SYSTEM SECURITY We offer secure web pages to collect certain kinds of information from users and we store certain kinds of sensitive information in encrypted form. We follow reasonable technical and management practices to help protect the confidentiality, security and integrity of data stored on our system. While no computer system is completely secure, we believe the measures implemented by our Site reduce the likelihood of security problems to a level appropriate to the type of data involved. PRIVACY POLICY Our Privacy Policy for this Site is posted at our main page. The terms of that Policy, and any future amendments to it, are hereby incorporated by reference in its entirety into this Agreement and subject to these terms. Third parties providing goods or services to you (including those advertising or providing links on our Site) may have privacy policies or practices that differ from our own. Please check their sites' privacy disclosures for details. WARRANTIES & LIABILITIES Warranty Disclaimer. THIS SITE (INCLUDING ALL INFORMATION, CONTENT, COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES, INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION, ACCURACY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. THE SITE IS NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO WITH THE SITE. THE SITE IS NOT RESPONSIBLE FOR ANY HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES. No Professional Relationship. THIS SITE DOES NOT DISPENSE PROFESSIONAL SKILL, ADVICE OR JUDGMENT OF A REGULATED OR PROFESSIONAL NATURE, INCLUDING LEGAL, MEDICAL, ACCOUNTING, FINANCIAL OR OTHER PROFESSIONAL CALLING. THE SITE DOES NOT PROVIDE FINANCIAL SERVICES, REAL ESTATE BROKERAGE SERVICES, SECURITY BROKERAGE SERVICES, HOME LENDING OR MORTGAGE SERVICES. NOTHING IN THIS SERVICE ESTABLISHES A PROFESSIONAL OR FIDUCIARY RELATIONSHIP WITH YOU. ALL INFORMATION, CONTENT AND COMMUNICATIONS SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN PROFESSIONAL ADVISERS. Limitation of Liability. IN NO EVENT IS THE SITE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THIS AGREEMENT, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION IS INDEPENDENT OF REMEDY LIMITS. THE RESOURCES ON OTHER SITES THAT CAN BE ACCESSES WITH HYPERTEXT LINKS FROM MEGAGLOBE ARE NOT MAINTAINED BY MEGAGLOBE, INC., AND MEGAGLOBE, INC. IS NOT RESPONSIBLE FOR THE AVAILABILITY OR ACCURACY OF SUCH SITES OR RESOURCES, OR THE CONTENT, ADVERTISING, SERVICES OR PRODUCTS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. THE INCLUSION OF ANY LINK ON THE SITE DOES NOT IMPLY THAT MEGAGLOBE ENDORSES THE LINKED SITE. SUCH SITES MAY BE GOVERNED BY LEGAL NOTICES AND PRIVACY POLICIES WHICH DIFFER FROM THOSE OF THIS SITE. Indemnification. You agree to defend, indemnify and hold harmless the Site and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) asserted by any third party and arising from your use of the Site, your conduct, content, communications, alleged infringement of third party intellectual property or privacy rights, or violation of this Agreement. Limitation of Remedies. You agree that if the Site breaches this Agreement, your sole and exclusive remedy will be to terminate this Agreement and your relationship with the Site. This applies regardless of whether the remedy fails of its essential purpose. Protected Parties. THE WARRANTY DISCLAIMERS, LIABILITY LIMITS, INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN THIS AGREEMENT PROTECT THE SITE, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS, EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS, RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS. FORCE MAJEURE The Site is not responsible for any delay or failure in performance of the Site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement. INJUNCTIVE RELIEF If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your from further mischief. GOVERNING LAW THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF GEORGIA (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN SUCH DESIGNATED STATE/LOCALE AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don't win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail). RELATIONSHIP OF PARTIES There are no third party beneficiaries of this Agreement. The parties are independent to one another and are not related by franchise, partnership, employment, joint venture or otherwise. This Site is not a party to any transaction between you and any third party advertisers or suppliers. You will look solely to the third party for all claims regarding their goods, services or information. RIGHT TO RELY ON INSTRUCTIONS The Site may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Site's automated criteria or which is believed by the Site's personnel to be genuine. For any password protected areas, the Site may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. The Site may assume the latest email addresses and registration information on file with the Site are accurate and current. When programmed to do so, the Site may take prescribed actions in the absence of receiving proper and complete contrary instructions. CHANGES TO SITE We reserve the right to modify, change or discontinue the Site or any feature at any time without notice. You agree that the Site is not liable to you or to any third party as a result of any such action. We invite users to make suggestions for ways that the Site can be improved. If you make a suggestion, you authorize us to use the idea and to publish your name in connection with the submission. We do not pay compensation for using submissions. We may also at any time, without notice, restrice the use and accessibility of the website as well as limit the duration and amount of use made of the website. TERMINATION You agree that Megaglobe may, under certain circumstances and without prior notice and at Megaglobe's sole discretion, immediately terminate your Megaglobe account, any associated email address, and access to the Megaglobe sites. Cause for such termination shall include, but not be limited to : breaches or violations of the TOS or other incorporated agreements or guidelines requests by law enforcement or other government agencies a request by you (self-initiated account deletions) discontinuance or material modification to the Megaglobe sites (or any part thereof) unexpected technical or security issues or problems extended periods of inactivity engagement by you in fraudulent or illegal activities, or nonpayment of any fees owed by you in connection with the Megaglobe sites. Termination of your membership includes : removal of access to all offerings within the Megaglobe sites deletion of your password and all related information, files and content associated with or inside your account (or any part thereof) barring of further use of the Megaglobe sites Further, you agree that all terminations for cause shall be made in Megaglobe's sole discretion and that Megaglobe shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Megaglobe sites. MISCELLANEOUS This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Site. Your continued use of this Site after the effective date of such amendment will constitute your acceptance of it. Any other amendment to this Agreement shall be in a pen-and-ink signed writing, regardless of any course of performance or trade practice between us. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the document's authenticity is genuinely placed in question. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect. NOTICE OF COPYRIGHT INFRINGEMENT PROCEDURES If you believe that the content on Megaglobe infringes your copyrighted work and you want the Site to remove the offending material, you must complete a Notice of Copyright Infringement and mail or fax it to our Registered Agent : Megaglobe Inc 244 Fifth Avenue, Suite # D295 New York, New York 10001-7604 Fax: 1-770-786-2305 Please do not use this information for any other kind of communication.