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- Last Revised: January 09, 2003
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MOBERN PRODUCTIONS
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WEB SITE TERMS OF SERVICE
- PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY
BEFORE USING
THIS SITE.
- MOBERN Productions ("MOBERN ," "we," "us") provides this web site,
and all site-related services (collectively, the "Site") subject to
your compliance with the terms and conditions set forth in this
agreement (the "Agreement"). This Agreement governs the relationship
between MOBERN and you ("you") with respect to your use of the Site.
It is important that you read carefully and understand the terms and
conditions of this Agreement.
- We reserve the right at any time to:

• Change the terms and
conditions of this Agreement; and
• Change the Site, including
eliminating or discontinuing any content on or feature of the Site.
- Any changes to the terms and conditions of this Agreement will be
effective immediately upon notice to you, whether provided by a
posting on the Site, by electronic mail, or other means. Your
continued use of the Site after such notice will be deemed acceptance
of such changes. Any changes to the Site shall be effective upon
implementation of such change. Except as otherwise provided, any new
content on or features of the Site shall be subject to this
Agreement. Please bookmark this page and review it periodically to
make yourself familiar with the most recent version. You can
determine when we last updated the Agreement by checking the "Last
Revised" date that appears at the top of the page.
- 1. Privacy Policy. Please read the MOBERN Privacy Policy
, which is incorporated herein by reference. By using
the Site, you agree to be legally bound by the MOBERN Privacy Policy
<private_policy>, which discusses and governs our collection and use
of any information you submit to us.
- 2. Monitoring The Site. We have no obligation to monitor the Site.
You acknowledge and agree, however, that we do retain the right to
monitor the Site and to disclose any information as necessary or
appropriate to satisfy any law, regulation or other governmental
request, to operate the Site properly, or to protect ourselves or our
users. We will not intentionally monitor or disclose any private
electronic-mail message unless required by law. We reserve the right
to refuse to post or to remove any information or materials from any
portion of the Site, in whole or in part, that, in our sole
discretion, are unacceptable, undesirable, inappropriate or in
violation of these Terms Of Service.
- 3. Ownership and Restrictions on Use. © 2001 MOBERN Productions. All
Rights Reserved. The Site, including any and all related software,
data, text, graphics, images, audio and video clips, logos, icons,
and links (collectively, the "Materials"), is owned and operated by
MOBERN in conjunction with others pursuant to contractual
arrangements, and the Materials (and any intellectual property and
other rights relating thereto) are and will remain the property of
MOBERN and its licensors and suppliers. The Materials and the
selection, compilation, collection, arrangement, and assembly thereof
are protected by U.S. and international copyright, trademark, and
other laws, and you acknowledge that these rights are valid and
enforceable. Except as otherwise expressly permitted in this
Agreement, you may not copy, reproduce, republish, upload, post,
transmit, or distribute Materials or other content or information
available on or through the Site in any way without our prior written
permission, except you may download and view one copy of such
Materials on any single computer for your personal, non-commercial
home use, provided you keep intact, without change, each such
Material and all copyright and other proprietary notices in or on
such Material. Modification of the Materials or use of the Materials
for any other purpose is a violation of our copyright and other
proprietary rights, and is strictly prohibited. You acknowledge that
you do not acquire any ownership rights by using the Site or the
Materials.
- 4. Code of Conduct. While using the Site (including participating in
any Site-related services), you agree not to:
- • Use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to scrape, retrieve, index,
"data mine," or in any way reproduce or circumvent the navigational
structure or presentation of the Site or its contents; or
• Restrict
or inhibit any other visitor from using the Site, including, without
limitation, by means of "hacking" or defacing any portion of the
Site;
• Attempt to gain unauthorized access to other computer systems
through the Site;
• Use the Site or Materials for any unlawful
purpose;
• Express or imply that any statements you make are endorsed
by us, without our prior written consent;
• Transmit (a) any content
or information that is unlawful, fraudulent, threatening, abusive,
libelous, defamatory, obscene, or otherwise objectionable, or
infringes our or any third party’s intellectual property or other
rights; (b) any material, non-public information about companies
without the authorization to do so; (c) any trade secret of any third
party; or (d) any advertisements, solicitations, chain letters,
pyramid schemes, investment opportunities, or other unsolicited
commercial communication (except as otherwise expressly permitted by
us);
• Engage in spamming or flooding;
• Transmit any software or
other materials that contain any viruses, worms, trojan horses,
defects, date bombs, time bombs, or other items of a destructive
nature;
• Modify, adapt, sublicense, translate, sell, reverse
engineer, decompile, or disassemble any portion of the Site;
• Remove
any copyright, trademark, or other proprietary rights notices
contained in the Site or Materials;
• "Frame" or "mirror" any part of
the Site without our prior written authorization;
• Harvest or
collect information about other Site users without their express
consent.
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While using the Site and/or Materials, you agree to comply with all
applicable laws, rules, and regulations.
- 5. Security. You understand and acknowledge that no data transmission
over the Internet can be guaranteed to be 100% secure and we cannot
guarantee that any personal information you submit to us will be free
from unauthorized third party intrusion. You understand and agree
that all information you submit to MOBERN is done so at your own
risk.
- 6. Internet Access. You acknowledge and agree that in connection with
your use of the Site you must: (a) provide for your own access to the
World Wide Web and pay any service fees associated with such access,
and (b) provide all equipment necessary for you to make such
connection to the World Wide Web, including a computer, software, a
modem and a working telephone line. MOBERN shall not be responsible
for any malfunctions, errors, crashes or other adverse events that
may occur from your use of the Site.
- 7. Links. The Site contains links to other Internet web sites, which
may or may not be owned or operated by MOBERN . MOBERN has not
reviewed all of the web sites that are linked to the Site, and MOBERN
may not have control over such sites. Unless otherwise explicitly
stated, MOBERN is not responsible for the content of such web sites,
or the privacy or other practices of such sites, and the fact that
MOBERN offers such links does not indicate any approval or
endorsement of any material contained on any linked site. MOBERN is
providing these links to you only as a convenience. Accordingly, we
strongly encourage you to become familiar with the terms of service
and practices of any linked site. Further, it is up to you to take
precautions to ensure that whatever links you select or software you
download (whether from the Site or other sites) is free of such items
as viruses, worms, trojan horses, defects, date bombs, time bombs,
and other items of a destructive nature.
- 8. Trademarks. The trademarks, logos, and service marks displayed on
the Site (collectively the "Trademarks") are the registered and
unregistered trademarks of MOBERN , MOBERN ’s licensors and
suppliers, and others. The Trademarks owned by MOBERN , whether
registered or unregistered, may not be used in connection with any
product or service that is not MOBERN ’s, in any manner that is
likely to cause confusion with customers, or in any manner that
disparages MOBERN . Unless otherwise expressly granted in this
Agreement, nothing contained on the Site should be construed as
granting, by implication, estoppel or otherwise, any license or right
to use any Trademark without the express written permission of MOBERN
, MOBERN ’s licensors or suppliers, or the third-party owner of any
such Trademark. Misuse of any Trademarks is prohibited, and MOBERN
will aggressively enforce its intellectual property rights in such
Trademarks, including via civil and criminal proceedings.
- 9. Jurisdictional Issues. Unless otherwise specified, the Site is
solely directed to individuals residing in the United States. We make
no representation that Materials available on or through the Site are
appropriate or available for use in other locations. Those who choose
to access the Site from other locations do so on their own initiative
and at their own risk, and are responsible for compliance with local
laws, if and to the extent local laws are applicable. Unless provided
otherwise in the applicable official rules, participation in any
Contest is limited to individuals who are legal residents of one of
the fifty (50) United States or the District of Columbia
(specifically excluding Puerto Rico, Guam, and all other U.S. and
foreign possessions and territories).
We reserve the right to limit
the availability of the Site (including the provision of any service
or other product described thereon) to any person, geographic area or
jurisdiction, at any time and in our sole discretion, and to limit
the quantities of any such service or product that we provide. VOID
OUTSIDE OF THE ELIGIBILITY AREA AND WHERE OTHERWISE PROHIBITED BY LAW.
- 10. Termination. This Agreement shall remain effective until
terminated in accordance with its terms. Either party may terminate
this Agreement immediately upon notice to the other party. In
addition, we reserve the right to immediately terminate this
Agreement, and/or your access to and use of the Site or any portion
thereof, at any time and for any reason, with or without cause. Upon
termination of this Agreement by either party, your right to use the
Site and any licenses granted herein shall immediately cease, and you
shall destroy all Materials obtained from the Site and all copies
thereof, whether made under the terms of this Agreement or otherwise.
- 11. Disclaimers. THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT
OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOBERN AND
ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND
AGENTS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE OF TRADE. Applicable law may not allow the
exclusion of implied warranties, so the above exclusions may not
apply to you. MOBERN AND ITS AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS, SPONSORS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE
SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THE SITE OR THE SERVER (S) ON WHICH THE SITE IS
HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING
ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS
AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE
THEREON. NO OPINION, ADVICE OR STATEMENT OF MOBERN OR ITS
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, OR
OTHER SITE USERS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE
ANY WARRANTY. ALL ACTIVITIES UNDERTAKEN BY YOU IN CONNECTION WITH THE
SITE, AND YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE
SITE ARE ENTIRELY AT YOUR OWN INITIATIVE AND RISK.
- 12. Limitation of Liability. NEITHER MOBERN NOR ANY OF OUR
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR
THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER
REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS,
LOSS OF DATA, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY
WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED
SITE OR ANY ACTIVITY, PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE
SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS,
OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED
SITE, AS APPLICABLE. MOBERN ’S MAXIMUM LIABILITY TO YOU OR ANY THIRD
PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR
OTHERWISE, SHALL BE $50.00.
- 13. Indemnification. You agree to indemnify, defend, and hold MOBERN
, our affiliates, licensors, suppliers, advertisers, and sponsors,
and our and their directors, officers, employees, consultants,
agents, and other representatives, harmless from and against any and
all claims, damages, losses, costs (including reasonable attorneys’
fees), and other expenses that arise directly or indirectly out of or
from (a) your breach of this Agreement, including any violation of
the Code of Conduct, above; (b) any allegation that any materials you
submit to us or transmit to the Site, or to other web sites, infringe
or otherwise violate the copyright, trademark, trade secret, or other
intellectual property or other rights of any third party; and/or (c)
your activities in connection with the Site and any Site-related
services.
- 14. Questions. The Site is provided by MOBERN . If you have any
questions, comments or complaints regarding this Agreement or the
Site, feel free to contact us at Web Site Inquiries, MOBERN
Productions, Brooklyn, NY.
- 15. Notice for Tx Law Users. Under TX Civil Code Section 1789.3, Tx
Site users are entitled to the following specific consumer rights
notice: The Complaint Assistance Unit of the Division of Consumer
Services of the Texas Department of Consumer Affairs may be contacted.
- 16. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we
hereby notify you that parental control protections (such as computer
hardware, software or filtering services) that may assist you in
limiting access to material that is harmful to minors are
commercially available. Information identifying current providers of
such protections is available at the web sites of the Electronic
Frontier Foundation: www.eff.org—Ratings_filters_labelling
<http://www.eff.org/pub/Censorship/Ratings_filters_labelling/> and of
America Links Up: www.netparents.org—browsers.html.
<http://www.netparents.org/parentstips/browsers.html.>
- 17. Miscellaneous. This Agreement is governed by and shall be
construed in accordance with the laws of the State of New York,
without regard to its principles of conflicts of law. You agree to
submit to the exclusive jurisdiction of any State or Federal court
located in the County of New York, New York, and waive any
jurisdictional, venue, or inconvenient forum objections to such
courts. If any provision of this Agreement is found to be unlawful,
void, or for any reason unenforceable, then that provision shall be
deemed severable from this Agreement and shall not affect the
validity and enforceability of any remaining provisions. This is the
entire Agreement between us relating to the subject matter herein and
supersedes any and all prior or contemporaneous written or oral
Agreements between us with respect to such subject matter. This
Agreement is not assignable, transferable, or sublicensable by you
except with MOBERN ’s prior written consent. No waiver by either
party of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default. Any heading,
caption, or section title contained in this Agreement is inserted
only as a matter of convenience and in no way defines or explains any
section or provision hereof.
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- Your privacy is important to us. That is why we want you to be
informed about how we protect the privacy of visitors to our site.
Please take a moment to read the following policy, which describes
our privacy practices.

COLLECTION OF INFORMATION
Most of the content
and services on our site are available without our collection of any
personal information from you. However, in some areas of the site we
may request personal information from visitors such as name, home
address, e-mail address, age, interests and gender. We may collect
this information when you register for a newsletter, complete a
survey, purchase a product, or inquire about our services.
- In addition, some information may automatically be collected by our
web servers as you browse our site. Our web server automatically
collects information known as "clickstream data," such as the domain
name of the service providing you with Internet access, the Internet
protocol (IP) address used to connect your computer to the Internet,
your browser type and version, operating system and platform, the
average time spent on our site, pages viewed, information searched
for, access times and other relevant statistics. We also use cookies
on our site. Cookies are pieces of information that a web site
transfers to the hard drive of a visitor's computer for
record-keeping purposes.

USE OF INFORMATION
We use your personal
information in a limited number of ways. We use the information to
complete transactions, to respond to your requests, and to identify
persons participating in interactive portions of our site if they are
provided, such as chat rooms. We use information collected to send
you e-mail updates and newsletters about our sites and to notify you
if you've won a game or contest. We may share the information with
our affiliates. We also may use the information you provide to send
you e-mail promotions and special offers from reputable third parties
in whose products and services we think you may have an interest. And
we may share your information with reputable third-parties in whose
products and services we think you may have an interest, who may
contact you directly.

We use clickstream data and cookies in the
aggregate to measure the use of our site and to administer and
improve our site. When we collect personal information, we may
extract some of the information and combine it with other
information, such as clickstream data. This combined information is
used and analyzed only at an aggregate level to help us understand
trends and patterns. None of this combined information is reviewed at
an individual level.
- To the extent required or permitted by law, we may also collect, use
and disclose personal information in connection with security-related
or law enforcement investigations or in the course of cooperating
with authorities or complying with legal requirements. We may also
use your information as permitted by law to perform credit checks,
report or collect debts owed, or protect our rights or property, our
website, or its users.

SECURITY
We take commercially reasonable
precautions to keep all information obtained from our online visitors
secure against unauthorized access and use and we periodically review
our security measures.

LINKS TO OTHER SITES
Our site contains links
to other web sites. These sites are not covered by this privacy
statement, and we are not responsible for the privacy practices or
the content of these other sites.

CHANGES TO THE POLICY
By using our
site you consent to our collection and use of your personal
information as described in this policy. We reserve the right to
modify this privacy statement and related business practices at any
time by posting updated text on this site, and your continued use
constitutes acceptance of those changes. Thank you for visiting our
site, and for taking the time to read this policy.