Terms and Conditions
By submitting Your credit card, check, telephone billing
or other payment information via the join page of MegaPartner.com and You (hereinafter
also referred to as "Member" or "Subscriber") will be
deemed to have read and agreed to the following MEMBERSHIP AND SUBSCRIPTION
AGREEMENT comprising twenty-one (21) numbered sections, in addition to any
terms and conditions of the applicable credit card processing company retained
by us for processing Your credit card. These Terms and Conditions of
Subscription constitute a binding agreement between You and Company, as
hereinafter defined and set forth the terms and conditions associated with a
limited license granted to You to access our content databases and receive
other benefits accorded Subscribers in good standing. Accordingly, You should
thoroughly read and understand the following twenty-one (21) sections of Terms
and Conditions which will become a contract between You and Company upon
clicking the applicable button to submit Your credit card, check, telephone
billing or other payment method information to MegaPartner.com for approval.
Upon Company approving Your credit card, check, telephone billing or other
payment means permitting You to become an active subscriber and member of MegaPartner.com
("Website").
1.1. PARTIES TO THIS AGREEMENT AND CONSIDERATION.
The parties to this Membership Agreement (the "Agreement") are You,
the Member, and Company. This website is operated by CyberJet Ent., owner,
which has authority to sell membership interests to this website. The term
"Company" herein shall mean the party selling You the membership
interest to this website as reflected both on the join page (where You submit
your payment information) and the confirming email to you following your join.
As used in this Agreement, the terms "we," and "us" are
used interchangeably to refer to the Company, the Website, and any successor in
interest to or licensee of Company in the ownership or operation of the
Website; the term "You" and "Your" is used to refer to You,
the member and subscriber.
1.1. For good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, upon Your submission
of Your credit card, online check or other authorized means of payment for Your
subscription, which shall constitute Your consent and agreement to these Terms
and Condition, and the proper processing of such credit card, check or other
authorized payment means for the payment of all required membership fees, the
Company agrees to provide to You all the privileges of subscription to and
membership of Website including access to the Members-only databases and
other materials at the Website which are available to a Member in good standing.
1.2. You agree that this Agreement is subject
to change by the Company at any time and changes shall become effective upon
notice to Members by e-mail, posting at or via hyperlink to the Website at
http://www.MegaPartner.com/terms/terms_splash.html, or by mail. You may not
alter, delete, add or change or edit any of these terms and conditions, and any
such attempted alteration shall be void and of no effect.
1.3. You agree that any action on Your part
to Bookmark to a page on this Website whereby the Warning Page, the Age
Verification Page, and/or the Terms and Conditions of Membership Page is
bypassed shall constitute an implicit acceptance by You of all the Terms and
Conditions set forth herein as well as an explicit acknowledgment by You of the
fact that You are an adult and at least 18 years of age or an adult of the age
of majority under the laws of Your state, province or country.
2.2. SEXUALLY EXPLICIT MATERIAL.
2.1. ALL MATERIALS, INCLUDING MESSAGES, AND
OTHER COMMUNICATIONS, CONTAINED AT THE WEBSITE ARE INTENDED FOR DISTRIBUTION
EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE ALL THE MATERIALS, MESSAGES
AND OTHER COMMUNICATIONS CONTAINED AT THE WEBSITE DO NOT VIOLATE ANY COMMUNITY
STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES
OR ANY LAW OF ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18)
YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF
MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF THE
WEBSITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR IN THE
WEBSITE.
2.2. YOU HEREBY ACKNOWLEDGE AND REPRESENT
THAT YOU KNOW AND UNDERSTAND THAT THE MATERIALS PRESENTED AT, AND/OR
DOWNLOADABLE FROM, THE WEBSITE INCLUDE EXPLICIT VISUAL, AUDIO, AND/OR TEXTUAL
DEPICTIONS OF NUDITY AND SEXUAL ACTIVITIES, WHICH MAY INCLUDE, WITHOUT
LIMITATION, HETEROSEXUAL, BI-SEXUAL, HOMOSEXUAL, AND/OR TRANSSEXUAL ACTIVITIES
OF AN EXPLICIT SEXUAL NATURE; THAT YOU ARE FAMILIAR WITH MATERIALS OF THIS
KIND; THAT YOU ARE NOT OFFENDED BY SUCH MATERIALS; AND THAT BY AGREEING TO
THESE TERMS AND CONDITIONS YOU ARE WARRANTING TO THE COMPANY THAT YOU ARE
INTENTIONALLY AND KNOWINGLY SEEKING ACCESS TO SUCH EXPLICIT SEXUAL MATERIALS
FOR YOUR OWN PERSONAL VIEWING FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY.
3.3. ACCESS AUTHORIZED TO ADULTS ONLY.
3.1. NO PERSONS UNDER THE AGE OF EIGHTEEN
(18) YEARS (TWENTY ONE (21)IN JURISDICTIONS WHERE EIGHTEEN (18) YEARS IS NOT
THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE
MATERIAL OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT, IN OR
THROUGH THE WEBSITE. ANY ACCESS TO THE WEBSITE OR ANY OF ITS MATERIALS BY A
MINOR SHALL CONSTITUTE UNAUTHORIZED ACCESS TO STORED COMMUNICATIONS PROHIBITED
BY THE STORED COMMUNICATIONS ACT, 18 U.S.C. SECTIONS 2510-2520 AND VIOLATIONS
OF OTHER LAWS
3.2. YOU HEREBY AFFIRM AND WARRANT THAT YOU
ARE CURRENTLY OVER THE AGE OF EIGHTEEN (18) YEARS (TWENTY ONE (21) IN PLACES
WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND ARE CAPABLE OF
LAWFULLY ENTERING INTO AND EXECUTING THE TERMS OF THIS AGREEMENT.
4.4. GRANT OF LIMITED LICENSE WITH RESERVATIONS.
4.1. In consideration of the payment of
membership fees, together with certain representations and agreements made by
You under the terms and conditions of this Agreement, and subject to the terms
and conditions set forth in this Agreement, the Company hereby grants You a limited,
nonexclusive and nontransferable license to use the materials contained in the
Website (hereafter "Materials") solely for Your personal
non-commercial use, during the period in which You are a Member in good standing.
4.2. You acknowledge and agree that all
Materials contained at the Website are proprietary and constitute valuable
intellectual property owned by the Company or others who have licensed use of
such Materials to the Company. You acknowledge and agree that as such You may
access, view, download, receive and otherwise use the Materials available at
the Website only as specifically authorized by the Company and in accordance
with the terms and conditions of Your membership, only on one computer at a
time, per membership, and, if downloadable copies of the Materials are made
available to You by the Website, You may make only a single copy of such
Materials for Your own personal noncommercial use and enjoyment. You further
acknowledge that the Company specifically prohibits You from doing any of the
following acts, and You agree not to do any of these prohibited acts: (a)
permitting other individuals to directly or indirectly view or otherwise use
the Materials, including by sharing passwords; (b) modifying, translating,
reverse engineering, decompiling, disassembling the Materials or any feature or
functionality of the Website (except to the extent applicable laws specifically
prohibit such restriction); (c) making copies or creating derivative works
based on the Materials of any kind, except as provided herein; (d) renting,
leasing, or transferring any rights in the Materials; (e) removing any
proprietary notices or labels on the Materials; and, (f) making any other use
of the Materials not expressly permitted herein.
4.3. You further represent and warrant to the
Company that Your agreement to these terms and conditions constitutes an
agreement that You shall not access, or attempt to access, any Materials
available at the Website in a manner not expressly authorized by the Company.
You agree and warrant that You shall at no time access, view, download, receive
or otherwise use, or cause or enable others to access, view, download, receive
or otherwise use Materials, directly or indirectly in places which the Company
does not authorize such access, viewing, downloading, receipt or other use (see
PROHIBITED AREAS below)
4.4. You hereby acknowledge that You understand that the Company (and all persons affiliated therewith) does not authorize and strictly
prohibits the accessing, viewing, downloading, duplication, receiving,
transmission, broadcasting or other use of the Materials contained on the
Website to or by any person, INCLUDING YOU, who is located in any of the areas
designated as PROHIBITED AREAS.
4.5. You further acknowledge that You understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication
or other use of Materials from the Website, in which You are directly or
indirectly involved, including, but not limited to accessing, viewing, downloading,
receiving or other use of Materials in PROHIBITED AREAS in any manner shall
constitute intentional infringement(s) of the Company's and potentially others'
intellectual property rights and other rights in such Materials and shall
further constitute a violation of Company's trademark and other rights,
including, but not limited to, rights of privacy. Further any access to
Materials or any part of the Website from PROHIBITED AREAS shall constitute
access to stored communications in excess of authority granted to do so and
violates Company’s intellectual property rights and may violate 18 U.S.C.
Sections 2510-2520 and other civil and criminal laws
5.5. PROHIBITED AREAS. All of the following areas
constitute PROHIBITED AREAS from which no part of the Website may be accessed,
viewed, downloaded or otherwise received:
5.1. All parts of the following countries:
Afghanistan, Germany, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates and
5.2. All parts of every other geophysical
place corresponding to a political entity or part thereof in which the access,
viewing, downloading, dissemination of, or other use of the materials contained
in the Website would constitute a violation of any law, regulation, rule or
custom.
6.6. INDEMNIFICATION FOR UNAUTHORIZED USE OF
PROPRIETARY MATERIALS. You agree to be personally liable and fully indemnify
the Company and its successors and assigns for any and all damages directly,
indirectly and/or consequentially resulting from any attempted or actual
unauthorized downloading or other duplication of Materials from the Website by
You alone, or with, or under the authority of, any other person(s), including,
without limitation, any governmental agency(ies), wherein such damages include,
without limitation, all direct and consequential damages directly or indirectly
resulting from unauthorized downloading of Materials from the Website.
7.7. TRIAL AND MONTHLY MEMBERSHIPS; FEES;
CANCELLATION. By accepting the trial membership to Website and by accessing the
content of Website You authorize the charges set forth below and agree to the
following terms and conditions:
7.1. Your trial membership will entitle You
full access of Website for 3 DAYS (depending on which payment method You
are using) starting on the day You submit Your trial membership application to
Website.
7.2. You agree that if You do not send the
Company notice of cancellation of Your trial membership at least 1 DAY
from the expiration of Your trial membership term, the Company shall
automatically and without further notice: convert Your trial membership to a standard RECURRING MONTHLY SUBSCRIPTION to Website at the standard one month membership rate;
renew Your monthly membership to Website for successive periods of one month
each at the then current standard one month membership rate.
7.3. Subscription and Membership fees to
Website are subject to change at any time at the sole and absolute discretion
of Company. The official standard membership rates for the Website shall be set
forth at the following link:
http://orders.flyntdigital.com/taboo/prejoin/prejoin.php
7.4. TO CANCEL AUTOMATIC RENEWAL
AT THE END OF THE PAID TRIAL MEMBERSHIP PERIOD, YOU MUST NOTIFY THE COMPANY AT
LEAST ONE DAY PRIOR TO THE END OF THE PAID TRIAL PERIOD, BY CONTACTING THE
COMPANY BY E-MAIL, TELEPHONE OR U.S. MAIL (AT THE THEN CURRENT E-MAIL ADDRESS,
TELEPHONE NUMBER OR MAILING ADDRESS AS PROVIDED AT http://www.megapartner.com/cgi/wm.cgi?C=contact
7.5. TO CANCEL YOUR MONTHLY MEMBERSHIP
YOU MUST NOTIFY THE COMPANY OF YOUR CANCELLATION BY E-MAIL, TELEPHONE, OR U.S.
MAIL (AT THE THEN CURRENT E-MAIL ADDRESS, TELEPHONE NUMBER OR MAILING ADDRESS
AS PROVIDED AT http://www.megapartner.com/cgi/wm.cgi?C=contact
AT 1 DAY BEFORE THE EXPIRATION DATE OF YOUR THEN CURRENT MEMBERSHIP
TERM.
7.6. All cancellations received by the
Company will be effective upon receipt.
7.7. You hereby acknowledge and agree that if
You cancel Your monthly membership, or if Your membership is cancelled by the
Company, Your username and password will be removed from the system at the end
of the then current monthly membership period and that You will be entitled to
receive the full benefits of Your monthly membership until the end of such
period. You shall not be entitled to any pro-rated or partial refund if You cancel
Your monthly membership before the end of the then current monthly membership
period. You agree that if You cancel at any time after purchasing a monthly
membership to Website (e.g., 20 minutes after You sign up), You will still be
charged the full month's membership fee.
7.8. The Company may, at any time and at its
sole discretion, cancel any paid trial membership or monthly membership;
provided, however, that if the Company cancels any paid membership prior to its
expiration, the Company shall provide a pro-rata refund for the unexpired
period of the cancelled month's membership by automatic credit.
7.9. You hereby authorize the Company, its
successors, assigns and their credit card and other payment method processing
agents to charge Your credit card (which You hereby acknowledge was entered by
You into the sign-up page) to pay for Your trial membership fee and all monthly
membership fees to Website at the then current standard membership rate. You
further authorize the Company to charge Your credit card for any and all
purchases of products, services and entertainment available through, at, in or
on, or provided by, Website You agree to be personally liable for all charges
incurred by You during or through the use of Website. Your liability for such
charges shall continue after termination of Your membership.
8.8. TRANSFER OR ASSIGNMENT OF MEMBERSHIP
8.1. You agree that as a Member of the
Website You shall not, under any circumstances, have the right to transfer or
assign Your membership to any other person or entity, and that any attempted
transfer or assignment of a membership shall be void. Any access to Materials
by any person other than You using Your password or other access means shall
constitute access in excess of the license granted herein and shall violate the
intellectual property rights of Company and may violate civil and criminal
laws, including the Stored Communications Act
8.2. You further agree that the Company, may
at any time at its sole discretion and without prior notice to You, transfer or
assign Your membership in the Website to an affiliated or non-affiliated
Company.
9. PAYMENT AUTHORIZATION/ NOTICE OF LOST OR STOLEN
CARD/ FRAUDULENT USE OF CARD.
9.1. Payment for the services provided to You
at, and/or through Website may be made by automatic credit card debit or via
online checks and You hereby authorize Company, its successors and assigns and
their agents, such as merchant credit card processors (e.g., Jettis, etc.) to
transact such payments on Your behalf
9.2. Unless and until You notify Company that
You wish to cancel or terminated Your Subscription to Website, You hereby agree
and authorize Company and its designated agents, successors and assignees to
automatically renew Your subscription to Website on a continuing monthly basis
and to charge Your credit card (or transact other approved payment methods and
facilities) to pay for the ongoing cost of Your subscription. You hereby
further authorize Company or its successors, designated agents and assignees to
charge Your credit card (or other approved payment methods and facilities) for
any and all purchases of products, services and entertainment provided to You
by Website. You expressly agree that the authorization to charge Your credit
card herein is extended to authorize any of Company’s processing agents,
successors in interest or any licensees of Company to charge Your credit card
for membership access to the Website and for other goods or services which You
purchase at or in connection with the Website in accordance with these Terms
and Conditions during the period that any such party processes for Company,
sells access to, or operates the Website
9.3. You further agree that as a Member, You
must promptly inform Company of any and all the following: loss or theft of the
credit card used to pay for Membership to Website or other goods or services
obtained in, at or through Website; changes in home or billing address;
apparent breaches of securityregarding Your Membership, such as loss, theft,
unauthorized disclosure or use of an ID or password; and all other changes
pertaining to Your credit card account used to pay for services pursuant to
this Agreement which may affect Company's ability to expeditiously obtain
payments due to Company. You agree that You will remain liable for any
unauthorized use of Website or any of itsservices associated with Your
Membership, until You have notified Company's
Customer Service located at http://www.megapartner.com/cgi/wm.cgi?C=contact
9.4. You hereby agree that any fraudulent
reporting of a lost or stolen credit card used to obtain goods or services from
Website or any fraudulent reporting of an unauthorized charge to Website on Your
credit card which has been made by You or anyone under Your authority, at a
time when a charge or other obligation for payment for goods and/or services to
Website remains outstanding at the time of such fraudulent reporting, You shall
be liable to the Company for liquidated damages of $25,000.00. The liability
for liquidated damages specified in this Paragraph shall not limit any other
liability You may have for breach(es) of any other terms, conditions, promises
and warranties set forth in this Agreement.
9.5. You further acknowledge and agree that
You will remain liable to the Company for any unauthorized use of the Website
associated with Your Membership after the termination of this Agreement.
10. TERMINATION OF MEMBERSHIP. Either
Company or Member may terminate at any time, and without cause, membership to
the Website, subject to the cancellation policy and procedures set forth in
this Agreement. Your liability for all charges incurred during Your Membership
term shall continue after termination, for any reason, of Your Membership
11. PASSWORD SECURITY. Members are responsible for
providing all personal computer and communications equipment necessary to gain
access to the Website. Access to and use of the Website is through the use of a
password. Each Member must keep his password strictly confidential and You
agree that if You share Your unique Login name and/or Your Password with
another individual that Your access to the Website is subject to immediate
termination without notice or reimbursement of any kind. Any sharing of
passwords or any other methods of unauthorized access to the Website with any
other person is strictly forbidden. Any such password sharing exceeds the
authority granted to You to access the Materials, violates the intellectual
property rights of the Company, and may violate civil and criminal laws,
including the Stored Communications Act
12. NO WARRANTIES; LIMITATIONS ON COMPANY'S
LIABILITY.
12.1. YOU HEREBY AGREE THAT THE
MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU BY COMPANY, ARE PROVIDED ON
AN"AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION,
PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS SUCH
WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL,
AND ALL SERVICES PROVIDED BY COMPANY, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE
MATERIAL, OR ANY OTHER SERVICE PROVIDED BY COMPANY, PROVE DEFECTIVE AND/OR
CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT
COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND
INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW
EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND
YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION.
UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE
COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR
SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE WEBSITE.
12.2. ANY LIABILITY OF COMPANY,
INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY
LIMITED TO THE AMOUNT OF MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE SUBSCRIBER
TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR PAID TRIAL PERIOD,
AS APPLICABLE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. COMPANY IS NOT LIABLE FOR DAMAGES RESULTING
FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY
DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR
THROUGH THE WEBSITE.
13. NO SCREENING OF THIRD PARTY CONTENT/LIMITATION
OF LIABILITY.
13.1. You acknowledge that You
understand that Company does not screen or endorse websites, products or
content offered in advertisements or communications linked, submitted or
pertaining to the Website by third-party licensees, advertisers, or Members for
electronic dissemination through the Website, nor do we have any editorial
control or supervision over such content. Members are therefore advised to use
their own judgment to evaluate all advertisements and other communications
available at or through the use of the Website prior to purchasing goods and/or
services described at the Website or otherwise responding to any communication
at the Website
13.2. You further acknowledge
that You understand that Company does not control the content of any
information, messages, communication or other materials posted or uploaded by
users of the Website, and that You release Company from any and all liability
and responsibility in connection with the content of any information, messages,
communication or other materials You may receive from other users of the
Website.
14. RESTRICTIONS ON MEMBERS' COMMUNICATIONS; MEMBER
LIABILITY.
14.1. If the Company should, at
any time, provide any service which enables Members to communicate with or
otherwise share information with other Members, persons providing any kind of
service to Members, or any other person, or post information at, in or on the
Website, You agree not to post, submit, publish, display, disseminate, or
otherwise communicate, while connected to, or otherwise directly or indirectly
using the Website or other services provided to You by the Company, any
defamatory, obscene, pornographic, profane, inaccurate, abusive, threatening,
offensive, or illegal material, or any material which would violate or infringe
the copyright, trademark, rights of publicity, privacy rights or other rights
of any person or entity. Transmission of such material or any material that
violates any federal, state, or local law in the United States or anywhere else
in the world, is strictly prohibited and shall constitute a material breach of
this Agreement entitling the Company to immediately terminate all rights to
access the Website without notice or reimbursement. You agree that You are
solely responsible for all information which You submit, publish, display,
disseminate or otherwise communicate through the Website, even if a claim
should arise after termination of service. Company does not and will not
assume any obligation to monitor any such communication means
14.2. You acknowledge and agree
that You, and not the Company, shall be solely responsible and liable for all
damages, liability or other consequences, foreseen or unforeseen, of all
information which You submit, publish, display, disseminate or otherwise
communicate through the Website even if a claim for damages or liability should
arise after termination of service.
15. COMMUNICATIONS IN CHAT ROOM OR PUBLIC AREAS NOT
PRIVATE You further acknowledge and agree that all messages or content posted
by You or others in any Chat rooms or public areas of the Website shall be
deemed to be readily accessible to the general public and consequently should
not be considered private or confidential. Notice is hereby given that all
messages entered into this Website can and may be read by the operators of the
Site, whether or not they are the intended recipient(s) and may be subject to
disclosure to applicable governmental authorities in accordance with applicable
law
16. TRADEMARK AND SERVICE MARK. The name of this
website is a service mark of or under license to Company. No use of this mark
shall be permitted except through the prior written authorization and permission
of Company or the licensor of the mark. All rights reserved.
17. NOTICES TO COMPANY OR MEMBERS. Notices from the
Website to Members may be given by means of electronic messages, by general
posting on the Website, or by conventional mail. Communications from You to
the Company may be made by electronic messages or conventional mail, unless
otherwise specified in the Agreement. All notices to the company shall be sent
by electronic mail to support@MegaPartner.com.
18. ENTIRE AGREEMENT. This Agreement contains the
entire agreement between the Member and Company regarding Members' use of the
Website, and all materials directly and indirectly related thereto. This
Agreement supersedes all prior written and oral understandings, writings, and
representations and may only be amended upon notice by Company.
19. VENUE AND JURISDICTION, CHOICE OF LAW,
ARBITRATION. This Agreement shall be governed by and construed under the laws
of the State of CALIFORNIA and the United States as applied to agreements
between California state residents entered into and to be performed within the
State of CALIFORNIA, except as governed by Federal law. The application of the
United Nations Convention of Contracts for the International Sale of Goods is
expressly excluded. Any disputes arising under this Agreement shall be resolved
by arbitration
20. UNENFORCEABILITY OF PROVISIONS. If any
provision of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make it
enforceable. Failure of the Company to enforce any provision shall not be
deemed to be a waiver of any rights to enforce any provision.
21. AFFIRMATION OF AGREEMENT. You hereby
acknowledge and affirm that You have read this entire agreement and that You
AGREE to all its terms and conditions by CLICKING WHERE INDICATED BELOW and by
authorizing the use of Your credit card for payment of charges and fees for You
maintaining a membership to the Website and for any other charges which You may
incur for goods or services ordered at or in association with the Website.
|
|
