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Your use of our Internet site or any of the products
or services offered on that site (collectively, the "Services")
is subject to these Terms of Service (these "Terms").
We may modify these Terms at any time without notice to you
by posting revised Terms on our site. Your use of our site constitutes
your binding acceptance of these Terms, including any modifications
that we make.
Some of the Services may be subject to additional posted
conditions. Your use of those Services is subject to those
conditions, which are incorporated into these Terms by reference.
In the event of an inconsistency between these Terms and any
additional posted conditions, the provisions of the additional
conditions shall control.
We have the right, but not the obligation, to take any of
the following actions in our sole discretion at any time and
for any reason without giving you any prior notice:
Restrict, suspend or terminate your access to all or any
part of the Services;
Change, suspend or discontinue all or any part of the Services;
Refuse, move or remove any material that you submit to our
site for any reason;
Refuse, move, or remove any content that is available on our
site;
Deactivate or delete your accounts and all related information
and files in your account;
Establish general practices and limits concerning use of our
site
You agree that we will not be liable to you or any third party
for taking any of these actions.
You understand and agree that our Services may include communications
such as service announcements and administrative messages
from us or from our partners and that these communications
are considered part of the Services. You will not be able
to opt out of receiving these messages. You also understand
that our Services may include advertisements.
Content On Our Site
Our site includes a combination of public domain content
and content that our users create. All materials published
on our site, including, but not limited to, written content,
photographs, graphics, images, illustrations, marks and logos
are protected by our copyrights or trademarks or those of
our users. You may not modify, publish, transmit, participate
in the transfer or sale of, reproduce, create derivative works
of, distribute, publicly perform, publicly display or in any
way exploit any of the materials or content or our site in
whole or in part.
You are solely responsible for all materials, whether publicly
posted or privately transmitted, that you upload, post, email,
transmit or otherwise make available on our site ("Your
Content"). You certify that you own all intellectual
property rights in Your Content. You hereby grant us a worldwide,
irrevocable, royalty-free, nonexclusive, sub-licensable license
to use, reproduce, distribute, publicly perform, publicly
display, transfer, transmit, distribute and publish Your Content
and subsequent versions of Your Content for the purposes of
(i) displaying Your Content on our site, (ii) distributing
Your Content, either electronically or via other media, to
users seeking to download or otherwise acquire it, and/or
(iii) storing Your Content in a remote database accessible
by end users. This license shall apply to the distribution
and the storage of Your Content in any form, medium, or technology
now known or later developed.
We do not guarantee the accuracy, integrity or quality of
the content on our site. You may not rely on any of this content,
including, but not limited to, wallpapers. Without limitation, we are not responsible
for postings by users in the user comment or public profile
area of our site. Our site also may contain information about
products and services offered by third parties, including
product specifications, pricing, availability, performance
and editorial commentary. You may be exposed to content that
you find offensive, indecent, objectionable or that is inaccurate
and you bear all risks associated with using that content.
We have the right, but not the obligation, to remove any content
that may, in our sole discretion, violate these Terms or that
is otherwise objectionable.
Your Use of Third Party Sites
Our site contains links to other Internet sites owned by
third parties. Your use of each of those sites is subject
to the conditions, if any, that each of those sites has posted.
We have no control over sites that are not ours and we are
not responsible for any changes to or content on them. Our
inclusion on our site of any third party content or a link
to a third party site is not an endorsement of that content
or third party site.
We do not sell, resell or license any of the products or services
that we review or list on our site, and we disclaim any responsibility
for or liability related to them. Your correspondence or related
activities with third parties, including payment transactions
and goods delivery transactions, are solely between you and
that third party. You agree that we will not be responsible
or liable for any loss or damage of any sort incurred as the
result of any of your transactions with third parties. Any
questions, complaints or claims related to any product or
service should be directed to the appropriate vendor.
Your Conduct On Our Site
If we request registration information from you, you will
provide us with true, accurate, current and complete information.
You will promptly update your registration to keep it accurate,
current and complete. If we issue you a password, you may
not reveal it to anyone else. You may not use anyone else's
password. You are responsible for maintaining the confidentiality
of your accounts and passwords. You agree to immediately notify
us of any unauthorized use of your passwords or accounts or
any other breach of security. We will not be responsible for
any loss or damage that may result if you fail to comply with
these requirements.
The technology and software underlying our site and the Services
is the property of Movies 2 Wallpapers. You agree not to copy, modify,
rent, lease, loan, sell, assign, distribute, reverse engineer,
grant a security interest in or otherwise transfer any right
to the technology or software underlying our site or Services.
You agree not to modify the software underlying our site in
any manner or form, or to use modified versions of such software,
including (without limitation) for the purpose of obtaining
unauthorized access to our site.
Without limiting the foregoing, you agree that you will not
use our site to take any of the following actions:
Defame, abuse, harass, stalk, threaten or otherwise violate
the legal right of others;
Publish, post, upload, email, distribute or disseminate (collectively,
"Transmit") any inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful content;
Transmit files that contain viruses, corrupted files, or any
other similar software or programs that may damage or adversely
affect the operation of another person's computer, our site,
any software or hardware, or telecommunications equipment;
Advertise or offer to sell any goods or services for any commercial
purpose unless you have our written consent to do so;
Transmit surveys, contests, pyramid schemes, spam, unsolicited
advertising or promotional materials, or chain letters;
Download any file that you know or reasonably should know,
cannot be legally obtained in such manner;
Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the
origin or source of software or other material;
Restrict or inhibit any other user from using and enjoying
any public area within our site;
Collect or store personal information about other end users;
Interfere with or disrupt our site, server or network;
Impersonate any person or entity, including, but not limited
to, a Movies 2 Wallpapers representative, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
Forge headers, manipulate identifiers or other data in order
to disguise the origin of any content transmitted through
our site, or to manipulate your presence on our site;
Take any action that imposes an unreasonably or disproportionately
large load on our infrastructure.
Engage in any illegal activities
You agree to use our message or communication facility only
to send messages and material that are proper and related
to that particular message or communication facility.
If you choose a username that, in our sole discretion, is
obscene, indecent, abusive or which might otherwise subject
us to public disparagement or scorn, we reserve the right,
without prior notice to you, to automatically change your
username, delete your posts from our site, deny you access
to our site, or any combination of these options.
Unauthorized access to our site is a breach of these Terms
and a violation of the law. You agree not to access our site
by any means other than through the interface that is provided
by Movies 2 Wallpapers for use in accessing our site. You agree
not use any automated means, including, without limitation,
agents, robots, scripts, or spiders, to access, monitor or
copy any part of our site except those automated means that
we have approved in advance and in writing.
Use of our site is subject to existing laws and legal process.
Nothing contained in these Terms shall limit our right to
comply with governmental, court and law enforcement requests
or requirements relating to your use of our site.
Indemnification
You hereby agree to indemnify, defend and hold Movies 2 Wallpapers,
and all of our officers, directors, owners, employees, agents,
information providers, affiliates, partners and licensors
(collectively, the "Movies 2 Wallpapers Parties") harmless
from and against any and all liability, losses, costs and
expenses (including attorneys' fees) incurred by any Movies
2 Wallpapers Party in connection with any claim including, but
not limited to, claims for defamation, violation of rights
of publicity and/or privacy, copyright infringement or trademark
infringement arising out of:
Your use of our site;
Any use or alleged use of your accounts or your passwords
by any person, whether or not authorized by you;
The content, quality or performance of content that you submit
to our site;
Your connection to our site;
Your violation of these Terms; or
Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive
defense and control of any matter for which you are required
to indemnify us and you agree to cooperate with our defense
of these claims.
Disclaimers
We disclaim any responsibility for the deletion, failure
to store, mis-delivery, or untimely delivery of any information
or material. We disclaim any responsibility for any harm resulting
from downloading or accessing any information or material
on the Internet using search results from our site. We disclaim
any responsibility for service outages that are caused by
our maintenance on the servers or the technology that underlies
our site, failures of our service providers (including telecommunications,
hosting and power providers) computer viruses, natural disasters
or other destruction or damage of our facilities, an act of
nature, war, civil disturbance or other cause beyond our reasonable
control
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR
ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO
THE CONTENT ON OUR SITE. OUR SITE AND ITS CONTENT IS DISTRIBUTED
ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL
THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS
DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH
MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY
THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE
OR OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR
PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT
OR ANY OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY
AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF OUR SITE AND THE ACCURACY OR COMPLETENESS
OF ITS CONTENT.
NONE OF OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY
TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD
PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL
BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Arbitration
Movies 2 Wallpapers may elect to resolve any controversy or claim
arising out of or relating to these Terms or our site by binding
arbitration in accordance with the commercial arbitration
rules of the American Arbitration Association. Any such controversy
or claim shall be arbitrated on an individual basis, and shall
not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration shall be conducted in
Texarkana, Arkansas, and judgment on the arbitration award
may be entered in any court having jurisdiction thereof. Either
you or we may seek any interim or preliminary relief from
a court of competent jurisdiction in Texarkana, Arkansas necessary
to protect the rights or property of you or Movies 2 Wallpapers
(or its agents, suppliers, and subcontractors) pending the
completion of arbitration.
Miscellaneous
We may be required by state or federal law to notify you
of certain events. You hereby acknowledge and consent that
such notices will be effective upon our posting them on our
site or delivering them to you through email. You may update
your email address by visiting the Services where you have
provided contact information. If you do not provide us with
accurate information, we cannot be held liable if we fail
to notify you.
Our failure to exercise or enforce any right or provision
of these Terms shall not constitute a waiver of such right
or provision.
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 our site or these Terms must be filed within one (1)
year after such claim or cause of action arose or be forever
barred.
These Terms, including all terms, conditions and policies
that are incorporated into these terms by reference, constitute
the entire agreement between you and Movies 2 Wallpapers and govern
your use of our site, super ceding any prior agreements that
you may have with us.
These Terms shall be construed in accordance with the laws
of the State of Arkansas, and the parties irrevocably consent
to bring any action to enforce these Terms before an arbitration
panel or before a court of competent jurisdiction in Texarkana,
Arkansas if seeking interim or preliminary relief or enforcement
of an arbitration award.
If any part of these Terms is determined to be invalid or
unenforceable pursuant to applicable law, then the invalid
or unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the
Terms shall continue in effect. |
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