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Please read this Agreement carefully
before accessing the My-e-Space.com web site. As a condition to and
in consideration of receiving and accessing the My-e-Space.com web
site, the User agrees to be bound by the terms of this Agreement.
Use of or access to the My-e-Space.com web site shall constitute
acceptance of and agreement to be bound by this Agreement. IF YOU DO
NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE My-e-Space.com
web site. If you have any questions about this Agreement, please contact
us.
My-e-Space.com web site Access Agreement
THIS AGREEMENT "Agreement" is entered into by and between
My-e-Space.com and any individual, corporation, association, agency,
company, or other entity who accesses or uses the My-e-Space.com web
site (the "User" or "you").
The My-e-Space.com web site, which is provided without charge to
you, is a World Wide web site on the Internet that is designed to
allow users to post a variety of Interactive Content and/or to view
a variety of Interactive Content posted by other users or interact
with those users. The My-e-Space.com web site is owned and operated
by Lexky Internet Services. The My-e-Space.com web site contains or
may contain information, communications, opinions, text, graphics,
links, electronic art, animations, audio, video, software, photos,
music, sounds and other material and data (collectively,
"Content") formatted, organized and collected in a variety
of forms that are generally accessible to Users, including
directories and databases, and areas of the My-e-Space.com web site
that can be modified by Users, such as posting ads, uploading
multimedia files, registering user profiles, posting forum messages,
and creating Auto-Notify profiles ("Interactive Areas").
1. User Rights and Responsibilities
1.1 Access to the My-e-Space.com web site.
You are responsible for providing all hardware, software, telephone
or other communications equipment and/or service to connect to the
Internet and access the My-e-Space.com web site and are responsible
for all Internet access charges, telephone charges or other fees or
charges incurred in connecting to the Internet and accessing the
My-e-Space.com web site.
1.2 User Conduct.
You agree to access and use the My-e-Space.com web site only for
lawful purposes. You are solely responsible for the knowledge of and
adherence to any and all laws, statutes, rules and regulations,
pertaining to (i) your use of the My-e-Space.com web site, including
any Interactive Area, (ii) the use of any networks or other services
connected to the My-e-Space.com web site, and (iii) the
communications means by which you connect your modem, computer, or
other equipment to the My-e-Space.com web site. By accessing the
My-e-Space.com web site, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying the
Interactive Features;
(2) post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane, or indecent
information of any kind, including without limitation any
transmissions constituting or encouraging conduct that would
constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material
which violates or infringes in the rights of others, including
material which is an invasion of privacy or publicity rights or
which is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material
which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that
are not your own Content or to otherwise interfere with the ability
of others to access the My-e-Space.com web site;
(6) disrupt the normal flow of communication in any Interactive
Area;
(7) claim a relationship with or to speak for any business,
association, institution or other organization for which you are not
authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your Internet
access provider or online service.
2. Intellectual Property Rights
2.1 My-e-Space.com web site content.
(a) You acknowledge that Content on the My-e-Space.com web site is
generally provided by the My-e-Space.com web site, individual
contributors of Content ("Contributors"), third party
licensees, and/or other Users. You acknowledge that the My-e-Space.com
web site permits access to Content that is protected by copyrights,
trademarks, and other proprietary (including intellectual property)
rights ("Intellectual Property Rights"), and that these
Intellectual Property Rights are valid and protected in all media
existing now or later developed and except as is explicitly provided
below, your use of Content shall be governed by applicable copyright
and other intellectual property laws. You acknowledge that the My-e-Space.com
web site owns a copyright in the "look and feel," i.e.,
the selection, coordination, arrangement and presentation of such
Content.
(b) You may not modify, copy, reproduce, transmit, distribute,
publish, create derivative works from, display or otherwise transfer
or commercially exploit any of the Content, in whole or in part,
provided, however, that you may (i) make a reasonable number of
digital or other form of copies to permit your computer hardware and
software to access and view the Content, (ii) print one copy of each
piece of Content, (iii) make and distribute a reasonable number of
copies of Content, in whole or in part, in hard copy or electronic
form for internal use only. Any permitted copies of Content must
reproduce in an unmodified form any notices contained in the
Content, such as all Intellectual Property Right notices, and an
original source attribution to "The My-e-Space.com web
site" and its URL address. You acknowledge that the My-e-Space.com
web site, its Contributors, and/or Users remain the owners of the
Content and that you do not acquire any Intellectual Property Rights
by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post,
publish, reproduce or distribute, on or through the My-e-Space.com
web site only Content that is not subject to any Intellectual
Property Rights, or Content in which any holder of Intellectual
Property Rights has given express authorization for distribution
over the Internet and on the My-e-Space.com web site, without
restriction whatsoever. Any Content submitted with the consent of a
copyright owner other than you should contain a phrase such as
"Copyright owned by [name of owner]; Used by Permission."
By submitting Content to any Interactive Area, you automatically
grant and/or warrant that the owner of such Content, whether it be
You or a third party, has expressly granted to the My-e-Space.com
web site the royalty-free, perpetual, irrevocable, non-exclusive,
unrestricted, worldwide right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, sublicense,
distribute, perform, and display such Content, in whole or in part,
worldwide and/or to incorporate it in other works in any form,
media, or technology now known or later developed for the full term
of any Intellectual Property Rights that may exist in such Content.
You also permit the My-e-Space.com web site to sublicense to third
parties the unrestricted right to exercise any of the foregoing
rights granted with respect to such Content. You also permit any
User to access, view, store and reproduce the Content for personal
use.
3. Interactive Areas
You acknowledge that the My-e-Space.com web site may include various
interactive areas ("Interactive Areas"), including but not
limited to classified ads and discussion forums. These Interactive
Areas allow feedback to the My-e-Space.com web site and real-time
interaction between users. You further understand that the My-e-Space.com
web site does not control the messages, information, or files
delivered to such Interactive Areas and that the My-e-Space.com web
site may offer you and other Users the capability of creating and
managing an Interactive Area. However, neither the My-e-Space.com
web site, its subsidiary and parent companies, or affiliates, nor
their respective directors, officers, employees and agents are
responsible for Content within any Interactive Area. Your use and/or
management of an Interactive Area will be governed by this Agreement
and any additional rules or operating procedures of any Interactive
Area established by you or another User, as applicable. You
recognize that the My-e-Space.com web site cannot, and does not
intend to, screen communications in advance. Moreover, because the
My-e-Space.com web site encourages open and candid communication in
the Interactive Areas, the My-e-Space.com web site cannot determine
in advance the accuracy or conformance to this Agreement of any
Content transmitted in an Interactive Area. The My-e-Space.com web
site is not responsible for screening, policing, editing, reviewing
or monitoring any Content in an Interactive Area. Notwithstanding
the above, you agree that the My-e-Space.com web site has the right
to monitor any Interactive Area, from time to time and to disclose
any information as necessary to satisfy any law, regulation or other
governmental request, to operate the Interactive Area, or to protect
itself or other Users. If notified of Content that is alleged not to
conform to this Agreement, the My-e-Space.com web site may
investigate the allegation and determine in its sole discretion
whether to remove or request the User to remove such Content. The
My-e-Space.com web site reserves the right to prohibit conduct,
communication or Content within an Interactive Area, or to edit,
refuse to post, or to remove any Content, in whole or in part, which
it deems in its sole discretion to (i) violate the then-standard
provisions of this Agreement or any other standard, written My-e-Space.com
web site policy in effect at that time, (ii) be harmful to the
rights of any User, the My-e-Space.com web site, or other third
parties, (iii) violate applicable law, or (iv) be otherwise
objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies,
guidelines, or practices of the My-e-Space.com web site in operating
the My-e-Space.com web site, or any change in Content, is for you to
discontinue accessing the My-e-Space.com web site. The My-e-Space.com
web site may terminate or temporarily suspend your access to all or
any part of the My-e-Space.com web site, without notice, for conduct
that the My-e-Space.com web site believes is a violation of this
Agreement or any policies or guidelines posted by the My-e-Space.com
web site, or for other conduct which the My-e-Space.com web site
believes, in its sole discretion, is harmful to the My-e-Space.com
web site or other Users. The My-e-Space.com web site may discontinue
operating the My-e-Space.com web site and terminate this Agreement
without notice at any time for any reason in its sole discretion. In
the event of termination, you are no longer authorized to access the
My-e-Space.com web site, including the Interactive Areas, and the
restrictions imposed on you with respect to Content downloaded from
the My-e-Space.com web site, as well as the disclaimers and
limitations of liabilities set forth in this agreement, shall
survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or
services expressly available at the My-e-Space.com web site, neither
the My-e-Space.com web site, its subsidiary and parent companies, or
affiliates, or their respective directors, officers, employees, and
agents controls, provides, or is responsible for any Content, goods
or services available through sites on the Internet linked to or
from the My-e-Space.com web site. All such Content, goods and
services are made accessible on the Internet by independent third
parties and are not part of the My-e-Space.com web site or
controlled by the My-e-Space.com web site. The My-e-Space.com web
site neither endorses nor is responsible for the accuracy,
completeness, usefulness, quality or availability of any Content,
goods or services available on any site linked to or from the My-e-Space.com
web site, which are the sole responsibility of such independent
third parties, and your use thereof is solely at your own risk.
Neither the My-e-Space.com web site, its subsidiary and parent
companies, or affiliates, or their respective directors, officers,
employees, and agents shall be held responsible or liable, directly
or indirectly, for any loss or damage caused or alleged to have been
caused by your use of or reliance on any Content, goods or services
available on any site linked to or from the My-e-Space.com web site
or your inability to access the Internet or any site linked to or
from the My-e-Space.com web site.
5.2 Disclaimer of Warranties. Please use your best judgment in
evaluating all information contained or opinions expressed on the
My-e-Space.com web site. It is the policy of the My-e-Space.com web
site not to endorse or oppose any opinion expressed by a User or
Content provided by a User, Contributor, or other independent party.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE My-e-Space.com web site IS
AT YOUR SOLE RISK. NEITHER THE My-e-Space.com web site NOR ANY OF
ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR
RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,
AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA,
INFORMATION OR SERVICES WARRANTS THAT THE My-e-Space.com web site OR
ANY INTERNET SITE LINKED TO OR FROM THE My-e-Space.com web site WILL
BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE My-e-Space.com web site OR ANY INTERNET
SITE LINKED TO OR FROM THE My-e-Space.com web site OR AS TO THE
TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS,
NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY
CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE
My-e-Space.com web site OR ANY SITE LINKED TO OR FROM THE . THE
My-e-Space.com web site IS PROVIDED ON AN "AS IS,"
"AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.3 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL THE My-e-Space.com
web site, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,
CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, THE
My-e-Space.com web site, OR ANY INTERNET SITE LINKED TO OR FROM THE
My-e-Space.com web site, WHETHER FOR BREACH OF CONTRACT, TORTIOUS
BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING
WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE
FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT,
UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE
OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL THE My-e-Space.com web site, ITS
SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS,
BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR
ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE
My-e-Space.com web site OR THE CONTENT CONTAINED WITHIN ANY INTERNET
SITE LINKED TO OR FROM THE My-e-Space.com web site. THE CONTENT
WITHIN THE My-e-Space.com web site AND THE CONTENT WITHIN INTERNET
SITES LINKED TO OR FROM THE My-e-Space.com web site MAY INCLUDE
TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE
INCORPORATED IN NEW VERSIONS OF THE My-e-Space.com web site AND
SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. THE My-e-Space.com
web site AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE My-e-Space.com web
site IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR
OTHERWISE ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH
ANY My-e-Space.com web site SITE CONTENT, OR WITH THE ACCESS
AGREEMENT OF THE My-e-Space.com web site, IN WHOLE OR IN PART, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE My-e-Space.com
web site.
6. Indemnity
You agree to indemnify and hold the My-e-Space.com web site, its
parent or subsidiary companies and their affiliates, and their
respective directors, officers, employees, and agents from any and
all liabilities, claims and expenses, including reasonable attorneys
fees, arising from breach of this Agreement, any other policy, your
use or access of the My-e-Space.com web site or any Internet site
linked to or from the My-e-Space.com web site, or in connection with
the transmission of any Content on the My-e-Space.com web site.
7. Miscellaneous
This Agreement comprises the entire agreement between the My-e-Space.com
web site and you, and supersedes any prior agreements with respect
to the subject matter herein. The My-e-Space.com web site may revise
this Agreement or any other policy at any time and from time to
time, and such revision shall be effective two (2) days upon posting
notice of such revision prominently on the My-e-Space.com web site.
You agree to review this Agreement periodically to be aware of such
revisions. If any such revision is unacceptable to you, you must
discontinue accessing the My-e-Space.com web site. Your continued
accessing and use of the My-e-Space.com web site following notice of
any such revision shall conclusively be deemed acceptance of all
such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2,
5.3, 6 and 7 shall survive the termination or expiration of this
Agreement. If any provision of this Agreement or any other policy be
held invalid or unenforceable, that portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intention of the parties and the remaining portions will
continue in full force and effect. The failure of the My-e-Space.com
web site to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of
any provision or right. This Agreement shall be governed by the laws
of the state or province of domicile of the My-e-Space.com web site,
excluding its conflict of laws rules, and you and the My-e-Space.com
web site each submit to the exclusive jurisdiction of the courts of
that state or province. This Agreement is personal to you and you
may not assign your rights or obligations thereunder to anyone. All
logos, brand names, products, trademarks and service marks appearing
herein may be the trademarks or service marks of their respective
owners. References to any trademark, service mark and links to or
from the My-e-Space.com web site have been done strictly for
clarification and identification and does not constitute endorsement
by the My-e-Space.com web site of the products, services or
information offered by the owner of such trademark, service mark or
link or endorsement of the My-e-Space.com web site by such
trademark, service mark or link owner.
Copyright © 2006 My-e-Space.com.com. All rights reserved.
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