| |
| |
| TERMS OF USE |
| |
| PLEASE READ
THESE TERMS OF USE CAREFULLY BECAUSE THEY
DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES |
| |
This is the
official Terms of Use Agreement (“Agreement”)
for MAG RACK (“Site,” “we,” “us,” or “our”), an
Internet website offered in connection with
programming and information provided by Mag Rack
Entertainment, Inc. (“MAG RACK”), owner of the
Site. This Agreement governs only the content,
features, and activities related to this Site.
This Site is offered and made available only to
users 13 years of age or older who reside in the
United States of America. If you are not yet 13
years old, or do not reside in the United
States, please discontinue using the Site
immediately, or if for any reason, you do not
agree with all of the terms and conditions
contained in this agreement, please discontinue
using the Site immediately because by using or
attempting to use the Site, you certify that you
are at least 13 years of age and meet any other
eligibility and residency requirements of the
Site.
These terms and conditions regarding your use of
the Site constitute a legally binding agreement
between you and MAG RACK. In this Agreement, the
term “Site” includes all websites and webpages
within MAG RACK as well as any equivalent,
mirror, replacement, substitute or backup
websites and webpages that are associated with
the Site. By using this Site, you understand,
acknowledge and agree that you will abide by the
terms of this Agreement and any additional terms
that govern certain products and services, which
will be presented in conjunction with those
products and services (“Additional Terms”). The
Site may also provide rules of participation
(“Rules”) for certain activities and services
including, but not without limitation, contests
and sweepstakes, award programs, membership
clubs and email. The Site's Additional Terms,
and the Rules are hereby incorporated in this
Agreement by reference. To the extent that there
is a conflict between this Agreement and
Additional Terms for the activity in which you
choose to participate, the Additional Terms
shall govern. To the extent that there is a
conflict between this Agreement and the specific
Rules for the activity in which you choose to
participate, this Agreement shall govern. This
Agreement will remain in full force and effect
as long as you are a user of the Site and in the
event of termination of any membership, service
or feature, you will still be bound by your
obligations under this Agreement, any Additional
Terms or Rules, including any indemnifications,
warranties and limitations of liability.
The words “use” or “using” in this Agreement,
means any time an individual (a “user”),
directly or indirectly, with or without the aid
of a machine or device, does or attempts to
access, interact with use, display, view, print
or copy from the Site, transmit, receive or
exchange data or communicate with the Site, or
in any way utilizes, benefits, takes advantage
of or interacts with any function, service or
feature of the Site, for any purpose whatsoever.
This Agreement does not cover your rights or
responsibilities with respect to third party
content or sites or any links that may direct
your browser or your connection to third party
sites or pages. This is the entire and exclusive
Agreement between you and us regarding use of
the Site and it cannot be modified, except as
specifically described below in Section 2.
|
1.
MODIFICATIONS We reserve the right, at any
time and from time to time, for any reason in
our sole discretion, to change the terms of this
Agreement. We will post or display notices of
material changes on the Site and we may also
e-mail you about these changes. Once we post
them on the Site, these changes become effective
immediately and if you use the Site after they
become effective it will signify your agreement
to be bound by the changes. You should check
back frequently and review the terms and
conditions of this Agreement regularly so you
are aware of the most current rights and
obligations that apply to you and the terms and
conditions of your agreement with us.
|
2.
OWNERSHIP OF INTELLECTUAL PROPERTY The
contents of this Site, including all Site
software, design, text, images, photographs,
illustrations, audio and video material,
artwork, graphic material, databases,
proprietary information and all copyrightable or
otherwise legally protectible elements of the
Site, including, without limitation, the
selection, sequence and 'look and feel' and
arrangement of items, and all trademarks,
service marks and trade names (individually
and/or collectively, “Material”), are the
property of MAG RACK, and its subsidiaries,
affiliates, licensors, suppliers, operational
service providers, advertisers, promotional
partners, or sponsors and are legally protected,
without limitation, under U.S. Federal and
State, as well as applicable foreign laws,
regulations and treaties. Unless the context
clearly requires otherwise or we explicitly say
so in writing, the term “Site” includes
“Material” as well. The Site is to be used
solely for your noncommercial, non-exclusive,
non-assignable, non-transferable and limited
personal use and for no other purposes. You must
not alter, delete or conceal any copyright or
other notices contained on the Site, including
notices on any Material you download, transmit,
display, print or reproduce from the Site. You
shall not, nor will you allow any third party
(whether or not for your benefit) to reproduce,
modify, create derivative works from, display,
perform, publish, distribute, disseminate,
broadcast or circulate to any third party
(including, without limitation, on or via a
third party website), or otherwise use, any
Material without the express prior written
consent of MAG RACK or its owner if MAG RACK is
not the owner. Any unauthorized or prohibited
use of any Material may subject you to civil
liability, criminal prosecution, or both, under
applicable federal, state and local laws. We
require users to respect our copyrights,
trademarks, and other intellectual property
rights. We likewise respect the intellectual
property of others. We take protection of
copyrights, both our own and others, very
seriously.
|
3.
ADVERTISING AND SHOPPING From time to time,
you may communicate with, receive communications
from, be re-directed to, interact with, or
participate in or use the services or obtain
goods and services of or from, third parties
(collectively, the “Advertisers”), including but
not limited to our advertisers, sponsors, or
promotional partners, as a result of your use of
the Site. All such communication, interaction
and participation is strictly and solely between
you and such Advertisers and we shall not be
responsible or liable to you in any way in
connection with these activities or transactions
(including, without limitation, any
representations, warranties, covenants,
contracts or other terms or conditions that may
exist between you and the Advertiser or any
goods or services you may purchase or obtain
from any Advertiser). All e-commerce on the Site
is provided to you by Advertisers. WE EXPRESSLY
DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR
RELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND
SERVICES OFFERED BY THE ADVERTISERS AND
EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND
WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR
IMPLIED, WITH RESPECT TO ANY AND ALL SUCH
PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A
PARTICULAR PURPOSE.
|
4. RULES OF
CONDUCT Your use of the Site is subject to
all applicable local, state, national laws and
regulations and, in some cases, international
treaties. You are solely responsible for all
activities, acts and omissions that occur in,
from, through or under your user name or
password. You shall not use, allow, or enable
others to use the Site, or knowingly condone use
of this Site by others, in any manner that is,
attempts to, or is likely to (a) be libelous,
defamatory, indecent, vulgar or obscene,
pornographic, sexually explicit or sexually
suggestive, racially, culturally, or ethnically
offensive, harmful, harassing, intimidating,
threatening, hateful, objectionable,
discriminatory, or abusive, or which may or may
appear to impersonate anyone else; (b) affect us
adversely or reflect negatively on us, the Site,
our goodwill, name or reputation or cause
duress, distress or discomfort to us or anyone
else, or discourage any person, firm or
enterprise from using all or any portion,
features or functions of the Site, or from
advertising, linking or becoming a supplier to
us in connection with the Site; (c) send or
result in the transmission of junk e-mail, chain
letters, duplicative or unsolicited messages, or
so-called “spamming” and “phishing”; (d) be used
for commercial or business purposes, including,
without limitation, advertising, marketing or
offering goods or services, whether or not for
financial or any other form of compensation or
through linking with any other website or
webpages; (e) transmit, distribute or upload
programs or material that contain malicious
code, such as viruses, time bombs, cancel bots,
worms, trojan horses, spyware, or other
potentially harmful programs or other material
or information; (f) forge any TCP/IP packet
header or part of the header information in any
email or newsgroup posting for any reason; (g)
violate any laws, regulations (including,
without limitation, laws regarding the
transmission of technical data or software
exported from the United States), judicial or
governmental order, any treaties or violate or
infringe upon any intellectual property rights,
rights of publicity or privacy, or any other
rights of ours or of any other person, firm or
enterprise; (h) gain unauthorized access to the
Site, other users' accounts, names, passwords,
personally identifiable information or other
computers, websites or pages, connected or
linked to the Site or to use the Site in any
manner which violates or is inconsistent with
the terms and conditions of this Agreement; (i)
modify, disrupt, impair, alter or interfere with
the use, features, functions, operation or
maintenance of the Site or the rights or use and
enjoyment of the Site by any other person, firm
or enterprise; (j) or collect, obtain, compile,
gather, transmit, reproduce, delete, revise,
view or display any material or information,
whether personally identifiable or not, posted
by or concerning any other person, firm or
enterprise, in connection with their or your use
of the Site, unless you have obtained the
express, prior permission of such other person,
firm or enterprise to do so.
If you believe that any content on the Site
violates any of the terms of this Agreement,
please send an email to
info@MagRackentertainment.com to send us a
message about it. We cannot guarantee that we
will respond to your message and we reserve the
right to take or refrain from taking any or all
steps available to us once we receive any such
message.
|
5.
CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, MAG RACK, or the Site's
operational service providers, suppliers, and
Advertisers may conduct promotions on or through
the Site, including, without limitation,
auctions, contests and sweepstakes
(“Promotions”). Each Promotion may have
Additional Terms and/or Rules, which will be
posted or otherwise made available to you and,
for purposes of each Promotion, will be deemed
incorporated into and form a part of this
Agreement.
|
6.
HYPERLINKS TO THIRD PARTY SITES The
appearance, availability, or your use of URLs or
hyperlinks referenced or included anywhere on
the Site or any other form of link or
re-direction of your connection to, with or
through the Site, does not constitute an
endorsement by, nor does it incur any
obligation, responsibility or liability on the
part of the Site or MAG RACK or any of their
subsidiaries, affiliates, successors and
assigns, and their respective officers,
directors, employees, agents, representatives,
licensors, suppliers, and operational service
providers. We do not verify, endorse, or have
any responsibility for, any such third party
sites, their business practices, or any goods or
services associated with or obtained in
connection with any such site, whether the
Site's or MAG RACK’s logo or sponsorship
identification is on the third party site as
part of a co-branding or promotional
arrangement. If any third party site obtains or
collects Personal Information from you, in no
event shall we assume or have any responsibility
or liability.
|
7.
DISCLAIMER AND LIMITATIONS OF LIABILITY THIS
SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS
ARE MADE AVAILABLE ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY
GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE
FOR USE, OR THAT ALL PRODUCTS, FEATURES,
FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR
PERFORM AS DESCRIBED. Without limiting the
foregoing, we are not responsible or liable for
any malicious code, delays, inaccuracies,
errors, or omissions arising out of your use of
the Site. You understand, acknowledge and agree
that you are assuming the entire risk as to the
quality, accuracy, performance, timeliness,
adequacy, completeness, correctness,
authenticity, security and validity of any and
all features and functions of the Site,
including, without limitation, Postings and
Materials associated with your use of the Site.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, THIS SITE, MAG RACK,
OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR
ANY OF THEIR SUBSIDIARIES, AFFILIATES, OR THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL
SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS,
SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF
ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH
OR ARISING FROM USE OF THE SITE OR FROM THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO,
COMPENSATORY, CONSEQUENTIAL, INCIDENTAL,
INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Notwithstanding any claim that a sole or
exclusive remedy which is provided in this
Agreement may or does fail of its essential
purpose, you specifically acknowledge and agree
that your sole and exclusive remedy for any loss
or damage shall be to have MAG RACK, upon
written notice from you to us, attempt to
correct or replace any deficient services under
this Agreement and, if correction or replacement
is not reasonably commercially practicable for
MAG RACK, to refund any monies actually paid by
you for the Services involved and to terminate
and discontinue your use of the Site. You
further understand and acknowledge the capacity
of the Site, in the aggregate and for each user,
is limited. Consequently some messages and
transmissions may not be processed in a timely
fashion or at all, and some features or
functions may be restricted or delayed or become
completely inoperable. As a result, you
acknowledge and agree that MAG RACK assumes no
liability, responsibility or obligation to
transmit, process, store, receive or deliver
transactions or Postings or for any failure or
delay associated with any Postings and you are
hereby expressly advised not to rely upon the
timeliness or performance of the Site for any
transactions or Postings. Some jurisdictions do
not allow for the exclusion of certain
warranties or certain limitations on damages and
remedies, accordingly some of the exclusions and
limitations described in this Agreement may not
apply to you.
|
8.
INDEMNIFICATION You agree to indemnify,
defend and hold the Site, MAG RACK or their
subsidiaries, affiliates, successors and
assigns, or any of their respective officers,
directors, employees, agents, licensors,
representatives, Advertisers, operational
service providers and suppliers harmless from
and against any and all claims, actions, losses,
expenses, damages and costs (including
reasonable attorneys' fees), resulting from any
breach or violation of this Agreement by you, or
public posting of your Postings.
MAG RACK reserves the right to assume, at its
sole expense, the exclusive defense and control
of any such claim or action and all negotiations
for settlement or compromise, and you agree to
fully cooperate with MAG RACK in the defense of
any such claim, action, settlement or compromise
negotiations, as requested by MAG RACK.
|
9. LAW THAT
APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement, together with any Additional
Terms, Rules, and any other regulations,
procedures and policies which we refer to and
which are hereby incorporated by reference,
contains the entire understanding and agreement
between you and MAG RACK and MAG RACK and
supersedes any and all prior or inconsistent
understandings relating to the Site and your use
of the Site. This Agreement cannot be changed or
terminated orally. If any provision of this
Agreement is held to be illegal, invalid or
unenforceable, this will not affect any other
provisions and the Agreement will be deemed
amended to the extent necessary to make it
legal, valid and enforceable. Any provision
which must survive in order to allow us to
enforce its meaning shall survive the
termination of this Agreement; however, no
action arising out of this Agreement or your use
of the Site, regardless of form or the basis of
the claim, may be brought by you more than one
(1) year after the cause of action has arisen
(or if multiple causes, from the date the first
such cause arose).
This Agreement and your use of the Site is
governed by, construed and enforced in
accordance with the internal substantive laws of
the State of New York (notwithstanding the
State's conflict of laws provisions) applicable
to contracts made, executed and wholly performed
in New York, and, for the purposes of any and
all legal or equitable actions, you specifically
agree and submit to the exclusive jurisdiction
and venue of the State and Federal Courts
situated in the State and County of New York and
agree you will not object to such jurisdiction
or venue on the grounds of lack of personal
jurisdiction, forum non conveniens or otherwise.
To the extent it may be applicable, you agree to
opt out from and expressly exclude any
applicability of the Uniform Computer
Information Transactions Act. IN ANY ACTION OR
PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR
OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT,
YOUR USE OF THE SITE OR WITH RESPECT TO THE
SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY
RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A
TRIAL BY JURY. |
| |
| |
|
|
|
|
 |
 |
|
