GoFuckYourself.com - Adult Webmaster Forum - View Single Post

baddog · 05-23-2006, 09:43 AM

16. ADVERTISEMENTS
MoviePass reserves the right to run advertisements and promotions via its Website and via the Software. By accepting the terms of this License, you agree that MoviePass has the right to run such advertisements and promotions without compensation to you. The timing, frequency, placement and extent of advertising are subject to change and shall be determined in our sole discretion. Your business dealings with, or participation in promotions of advertisers found on or through MoviePass's Website or the Application, 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 the advertiser. You agree that neither MediaPipe nor MoviePass will 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 Website or on the Application.

17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. MOVIEPASS AND MEDIA PIPE 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. MEDIAPIPE AND MOVIEPASS MAKE 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.

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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDIAPIPE AND MOVIEPASS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDIAPIPE AND MOVIEPASS SHALL NOT BE LIABLE TO YOU 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 MOVIEPASS ANDOR MEDIA PIPE 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. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.

21. NOTICE
MediaPipe and MoviePass may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service.

22. TRADEMARK INFORMATION
The MediaPipe and MoviePass logos, are trademarks and service marks and other MediaPipe and MoviePass logos and product and service names are trademarks of MediaPipe and MoviePass Inc. (the MediaPipe and MoviePass Marks). You agree not to display or use in any manner, the MediaPipe andor MoviePass Marks, without MediaPipe and MoviePasshahaha8217;s prior permission.

23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
MediaPipe and MoviePass respects the intellectual property of others, and we ask our users to do the same. MediaPipe and MoviePass may, in appropriate circumstances and at its discretion, disable andor terminate the accounts of users who may be repeat infringers. 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 MediaPipe and MoviePasshahaha8217;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. MediaPipe and MoviePass's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows By mail Copyright Agent co MoviePass Inc. 40 Gerrard Street, London, W1D 5QE

24. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and MediaPipe and MoviePass and governs your use of the Service, superseding any prior agreements between you and MediaPipe and MoviePass with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MediaPipe and MoviePass services, affiliate services, third-party content, or third-party software. Choice of Law and Forum. The TOS and the relationship between you and MediaPipe and MoviePass shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and MediaPipe and MoviePass agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. All disputes relating to this Agreement (except those related to intellectual property rights) shall be subject to final and binding arbitration in Los Angeles County, California and governed by the American Arbitration Associationhahaha8217;s commercial arbitration rules.

Waiver and Severability of Terms. The failure of MediaPipe and MoviePass 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. No Right of Survivorship and Non-Transferability. You agree that your MediaPipe and MoviePass account is non-transferable and any rights to your MediaPipe and MoviePass I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. 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.

U.S. Government Restricted Rights Legend. The Software and any documentation provided are commercial in nature and have been developed exclusively at private expense. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7103 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights section at 48 C.F.R. 52.227-19, and any other successor regulations, as applicable.

25. VIOLATIONS
Please report any violations of the TOS to our Customer Care group by clicking on our Customer Service link at the base of any Moviepass.tv Webpage. Rev. 09092005 kmf

05-23-2006, 09:43 AM
baddog So Fucking Banned Industry Role: Join Date: Apr 2001 Location: the beach, SoCal Posts: 107,089	16. ADVERTISEMENTS MoviePass reserves the right to run advertisements and promotions via its Website and via the Software. By accepting the terms of this License, you agree that MoviePass has the right to run such advertisements and promotions without compensation to you. The timing, frequency, placement and extent of advertising are subject to change and shall be determined in our sole discretion. Your business dealings with, or participation in promotions of advertisers found on or through MoviePass's Website or the Application, 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 the advertiser. You agree that neither MediaPipe nor MoviePass will 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 Website or on the Application. 17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. MOVIEPASS AND MEDIA PIPE 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. MEDIAPIPE AND MOVIEPASS MAKE 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. 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MEDIAPIPE AND MOVIEPASS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. 18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT MEDIAPIPE AND MOVIEPASS SHALL NOT BE LIABLE TO YOU 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 MOVIEPASS ANDOR MEDIA PIPE 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. NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement. 21. NOTICE MediaPipe and MoviePass may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service. 22. TRADEMARK INFORMATION The MediaPipe and MoviePass logos, are trademarks and service marks and other MediaPipe and MoviePass logos and product and service names are trademarks of MediaPipe and MoviePass Inc. (the MediaPipe and MoviePass Marks). You agree not to display or use in any manner, the MediaPipe andor MoviePass Marks, without MediaPipe and MoviePasshahaha8217;s prior permission. 23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT MediaPipe and MoviePass respects the intellectual property of others, and we ask our users to do the same. MediaPipe and MoviePass may, in appropriate circumstances and at its discretion, disable andor terminate the accounts of users who may be repeat infringers. 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 MediaPipe and MoviePasshahaha8217;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. MediaPipe and MoviePass's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows By mail Copyright Agent co MoviePass Inc. 40 Gerrard Street, London, W1D 5QE 24. GENERAL INFORMATION Entire Agreement. The TOS constitutes the entire agreement between you and MediaPipe and MoviePass and governs your use of the Service, superseding any prior agreements between you and MediaPipe and MoviePass with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MediaPipe and MoviePass services, affiliate services, third-party content, or third-party software. Choice of Law and Forum. The TOS and the relationship between you and MediaPipe and MoviePass shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and MediaPipe and MoviePass agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. All disputes relating to this Agreement (except those related to intellectual property rights) shall be subject to final and binding arbitration in Los Angeles County, California and governed by the American Arbitration Associationhahaha8217;s commercial arbitration rules. Waiver and Severability of Terms. The failure of MediaPipe and MoviePass 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. No Right of Survivorship and Non-Transferability. You agree that your MediaPipe and MoviePass account is non-transferable and any rights to your MediaPipe and MoviePass I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. 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. U.S. Government Restricted Rights Legend. The Software and any documentation provided are commercial in nature and have been developed exclusively at private expense. Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7103 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights section at 48 C.F.R. 52.227-19, and any other successor regulations, as applicable. 25. VIOLATIONS Please report any violations of the TOS to our Customer Care group by clicking on our Customer Service link at the base of any Moviepass.tv Webpage. Rev. 09092005 kmf