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MODIFICATION OF THESE
TERMS OF USE
MCS Phones reserves the right to change the
terms, conditions, and notices under which the
MCS Phones Web Site is offered, including but
not limited to the charges associated with the
use of the MCS Phones Web Site.
LINKS TO THIRD PARTY SITES
The MCS Phones Web Site may contain links to
other Web Sites ("Linked Sites"). The Linked
Sites are not under the control of MCS Phones
and MCS Phones is not responsible for the
contents of any Linked Site, including without
limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. MCS
Phones is not responsible for webcasting or any
other form of transmission received from any
Linked Site. MCS Phones is providing these links
to you only as a convenience, and the inclusion
of any link does not imply endorsement by MCS
Phones of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the MCS Phones Web
Site, you warrant to MCS Phones that you will
not use the MCS Phones Web Site for any purpose
that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the MCS
Phones Web Site in any manner which could
damage, disable, overburden, or impair the MCS
Phones Web Site or interfere with any other
party's use and enjoyment of the MCS Phones Web
Site. You may not obtain or attempt to obtain
any materials or information through any means
not intentionally made available or provided for
through the MCS Phones Web Sites.
USE OF COMMUNICATION
SERVICES
The MCS Phones Web Site may contain bulletin
board services, chat areas, news groups, forums,
communities, personal web pages, calendars,
and/or other message or communication facilities
designed to enable you to communicate with the
public at large or with a group (collectively,
"Communication Services"), you agree to use the
Communication Services only to post, send and
receive messages and material that are proper
and related to the particular Communication
Service. By way of example, and not as a
limitation, you agree that when using a
Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten
or otherwise violate the legal rights (such
as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or
disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or
unlawful topic, name, material or
information.
- Upload files that contain software or
other material protected by intellectual
property laws (or by rights of privacy of
publicity) unless you own or control the
rights thereto or have received all
necessary consents.
- Upload files that contain viruses,
corrupted files, or any other similar
software or programs that may damage the
operation of another's computer.
- Advertise or offer to sell or buy any
goods or services for any business purpose,
unless such Communication Service
specifically allows such messages.
- Conduct or forward surveys, contests,
pyramid schemes or chain letters.
- Download any file posted by another user
of a Communication Service that you know, or
reasonably should know, cannot be legally
distributed 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 contained in a file that is
uploaded.
- Restrict or inhibit any other user from
using and enjoying the Communication
Services.
- Violate any code of conduct or other
guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information
about others, including e-mail addresses,
without their consent.
- Violate any applicable laws or
regulations.
MCS Phones has no obligation to monitor the
Communication Services. However, MCS Phones
reserves the right to review materials posted to
a Communication Service and to remove any
materials in its sole discretion. MCS Phones
reserves the right to terminate your access to
any or all of the Communication Services at any
time without notice for any reason whatsoever.
MCS Phones reserves the right at all times to
disclose any information as necessary to satisfy
any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post
or to remove any information or materials, in
whole or in part, in MCS Phones's sole
discretion.
Always use caution when giving out any
personally identifying information about
yourself or your children in any Communication
Service. MCS Phones does not control or endorse
the content, messages or information found in
any Communication Service and, therefore, MCS
Phones specifically disclaims any liability with
regard to the Communication Services and any
actions resulting from your participation in any
Communication Service. Managers and hosts are
not authorized MCS Phones spokespersons, and
their views do not necessarily reflect those of
MCS Phones.
Materials uploaded to a Communication Service
may be subject to posted limitations on usage,
reproduction and/or dissemination. You are
responsible for adhering to such limitations if
you download the materials.
MATERIALS PROVIDED TO MCS
Phones OR POSTED AT ANY MCS Phones WEB SITE
MCS Phones does not claim ownership of the
materials you provide to MCS Phones (including
feedback and suggestions) or post, upload, input
or submit to any MCS Phones Web Site or its
associated services (collectively
"Submissions"). However, by posting, uploading,
inputting, providing or submitting your
Submission you are granting MCS Phones, its
affiliated companies and necessary sublicensees
permission to use your Submission in connection
with the operation of their Internet businesses
including, without limitation, the rights to:
copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with respect to the
use of your Submission, as provided herein. MCS
Phones is under no obligation to post or use any
Submission you may provide and may remove any
Submission at any time in MCS Phones's sole
discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and
represent that you own or otherwise control all
of the rights to your Submission as described in
this section including, without limitation, all
the rights necessary for you to provide, post,
upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE
MCS Phones WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. MCS Phones
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE MCS Phones WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE MCS Phones WEB
SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
MCS Phones AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE
MCS Phones WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY KIND. MCS
Phones AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL MCS Phones AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE MCS
Phones WEB SITE, WITH THE DELAY OR INABILITY TO
USE THE MCS Phones WEB SITE OR RELATED SERVICES,
THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE MCS Phones WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE MCS Phones WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF MCS
Phones OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE MCS Phones WEB SITE, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE MCS Phones
WEB SITE.
SERVICE CONTACT : admin@mcsphones.com
TERMINATION/ACCESS
RESTRICTION
MCS Phones reserves the right, in its sole
discretion, to terminate your access to the MCS
Phones Web Site and the related services or any
portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law,
this agreement is governed by the laws of the
State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue
of courts in King County, Washington, U.S.A. in
all disputes arising out of or relating to the
use of the MCS Phones Web Site. Use of the MCS
Phones Web Site is unauthorized in any
jurisdiction that does not give effect to all
provisions of these terms and conditions,
including without limitation this paragraph. You
agree that no joint venture, partnership,
employment, or agency relationship exists
between you and MCS Phones as a result of this
agreement or use of the MCS Phones Web Site. MCS
Phones's performance of this agreement is
subject to existing laws and legal process, and
nothing contained in this agreement is in
derogation of MCS Phones's right to comply with
governmental, court and law enforcement requests
or requirements relating to your use of the MCS
Phones Web Site or information provided to or
gathered by MCS Phones with respect to such use.
If any part of this agreement is determined to
be invalid or unenforceable pursuant to
applicable law including, but not limited to,
the warranty disclaimers and liability
limitations set forth above, 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
agreement shall continue in effect. Unless
otherwise specified herein, this agreement
constitutes the entire agreement between the
user and MCS Phones with respect to the MCS
Phones Web Site and it supersedes all prior or
contemporaneous communications and proposals,
whether electronic, oral or written, between the
user and MCS Phones with respect to the MCS
Phones Web Site. A printed version of this
agreement and of any notice given in electronic
form shall be admissible in judicial or
administrative proceedings based upon or
relating to this agreement to the same extent an
d subject to the same conditions as other
business documents and records originally
generated and maintained in printed form. It is
the express wish to the parties that this
agreement and all related documents be drawn up
in English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the MCS Phones Web Site are:
Copyright 2007 by MCS and/or its suppliers. All
rights reserved.
TRADEMARKS
The names of actual companies and products
mentioned herein may be the trademarks of their
respective owners.
The example companies, organizations, products,
people and events depicted herein are
fictitious. No association with any real
company, organization, product, person, or event
is intended or should be inferred.
Any rights not expressly granted herein are
reserved.
NOTICES AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code,
Section 512(c)(2), notifications of claimed
copyright infringement under United States
copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE
NO RESPONSE. See Notice and Procedure for Making
Claims of Copyright Infringement. |
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