These Terms of Service are a legal agreement between You
and Maximoom.com it's affiliated companies or branches
(hereinafter to be collectively called "the Site").
IMPORTANT! PLEASE READ CAREFULLY before using the Site,
because by using the Site, you agree to be bound by its
terms as well as the terms of our Privacy Statement which is
hereby incorporated by reference into these Terms of
Service. If you do not agree with or do not wish to be bound
by all of the terms and conditions of this Agreement, do not
use this Web site. We reserve the right to amend these Terms
of Service at any time and will post the amended Terms of
Service here.
1. CONTENT AND USER SUBMISSIONS
The contents of the Site service ("the Service") are
intended for the personal, noncommercial use of its users.
All materials published on the Site including, but not
limited to news articles, photographs, images,
illustrations, audio clips and video clips (collectively,
the "Content") are protected by copyright, trademark and all
other applicable intellectual property laws, and are owned
or controlled by Maximoom.com or the party credited as the
provider of such Content, software or other materials. You
shall abide by copyright or other notices, information and
restrictions appearing in conjunction with any Content
accessed through the Service.
The Service is protected by copyright as a collective work
and/or compilation, pursuant to U.S. copyright laws,
international conventions and other copyright laws. Except
as set forth in Section 1 of these Terms of Service, you may
not modify, adapt, translate, exhibit, publish, transmit,
participate in the transfer or sale of, create derivative
works from, distribute, perform, display, reverse engineer,
decompile or dissemble, or in any way exploit, any of the
Content, software, materials or Service in whole or in
part.
You may download or copy the Content and other downloadable
items displayed on this Service for personal, noncommercial
use only, provided that you maintain all copyright and other
notices contained in such Content. Copying or storing of any
Content for other than personal, noncommercial use is
expressly prohibited without the prior written permission
from the Rights and Permissions Department, or the copyright
holder identified in the individual Content's proprietary
rights notices. You agree that any information, feedback,
questions, comments and/or submissions to any of the Public
Forums (as discussed below) or the like that you provide to
us in connection with this Site or our Services
("Submissions") will be deemed to be provided to us on a
non-confidential and non-proprietary basis and will become
and remain our property. We shall have no obligations of any
kind with respect to any Submissions and shall be free to
reproduce, use, disclose and/or distribute any Submissions
for any purpose whatsoever, without limitation. You also
agree that we shall be free to use any ideas, concepts or
techniques embodied in the Submissions for any purpose
whatsoever, including, but not limited to, developing,
manufacturing, and marketing products or services
incorporating such ideas, concepts, or techniques. In
addition, you hereby waive all moral rights you may have in
any materials uploaded by you.
If you believe that the content of any Submission provided
by you has been used on the Site in a manner that
constitutes copyright infringement, please provide our
Copyright Agent with a written notice (email is sufficient)
that includes the following information: an electronic or
physical signature of a person authorized to act on behalf
of the owner of the exclusive right that is allegedly
infringed; identification of the copyrighted work claimed to
have been infringed; a description of where the material
that you claim is infringing is located on the Site; your
address, telephone number, and e-mail address; a statement
by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or
the law; and a statement by you, under penalty of perjury,
that the information in your notice is accurate and that you
are the copyright owner or authorized to act on the
copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright
infringement on the Site is:
Webmaster
2. FORUMS AND DISCUSSIONS
This Site has no chat rooms, forums, message boards or news
groups. The only way of communication is email and you shall
remain solely responsible for the content of your messages.
3. ACCESS AND AVAILABILITY OF SERVICES AND LINKS
If access service is unavailable during the subscription
period, the member has the right for a refund of
subscription fee. Maximoom.com reserves exclusive right to
terminate provision of services for any member at any time
by its sole discretion and refund full amount of
subscription fee.
4. REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no materials of
any kind submitted by you or Maximoom.com use thereof in
accordance with the terms and conditions of these Terms of
Service, will (i) violate, plagiarize or infringe upon the
rights of any third party, including, without limitation,
copyright, trademark, privacy or publicity, moral rights,
contract or other personal or proprietary rights; (ii)
contain unlawful material; (iii) constitute false or
misleading indications of origin or statements of fact; (iv)
slander, libel or defame any person or entity; or (v) cause
injury of any kind to any person or entity; or (vi) violate
any applicable laws, rules, regulations or other
governmental regulations; and (b) that you are at least 18
years old. You hereby indemnify, defend and hold
Maximoom.com and its officers, directors, owners, agents,
information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") harmless from and
against any and all liability and costs incurred by the
Indemnified Parties in connection with any claim arising out
of any breach by you of these Terms of Service or the
foregoing representations, warranties and covenants,
including, without limitation, reasonable attorneys' fees.
You shall cooperate as fully as reasonably required in the
defense of any claim. Maximoom.com reserves the right, at
its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you.
You shall not enter into any settlement agreement which
affects the rights of Maximoom.com without Maximoom.com
prior written approval.
Maximoom.com neither represents nor endorses the accuracy or
reliability of any advice, opinion, statement or other
information displayed, uploaded, or distributed through the
Service by any user, information provider or any other
person or entity. THE SITE, THE SERVICE, THE ACCESS SOFTWARE
(DEFINED HEREIN) AND ANY MATERIALS PROVIDED BY Maximoom.com
OR THIRD PARTIES THROUGH THE SITE AND THE SERVICE ARE
PROVIDED "AS IS." Maximoom.com MAKES NO WARRANTIES, EXPRESS
OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY
OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION,
WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING
BUT NOT LIMITED TO THE ACCURACY, TIMELINESS OR USEFULNESS OF
ANY MATERIALS PROVIDED THROUGH THE SERVICE. Maximoom.com
DOES NOT GUARANTEE THAT YOUR ACCESS TO OR USE OF THE SITE OR
THE SERVICES AVAILABLE THEREIN WILL BE CONTINUOUS,
UNINTERRUPTED OR SECURE. You hereby acknowledge that the use
of the Site and the Services available therein is at your
sole risk.
5. LIMITATION OF LIABILITY
Maximoom.com SHALL NOT BE RESPONSIBLE TO YOU OR ANY THIRD
PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGE OR LOSS INCURRED IN CONNECTION
WITH USE OF THE SERVICE, THE ACCESS SOFTWARE OR ANY OF THE
MATERIALS PROVIDED BY Maximoom.com OR THIRD PARTIES THROUGH
THE SERVICE, OR ANY DAMAGE OR LOSS INTERRUPTIONS, DELETIONS
OF FILES, ERRORS, DEFECTS, DELAYS IN PERFORMANCE OF THE
SERVICE OR THE ACCESS SOFTWARE, REGARDLESS OF THE CLAIM AS
TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF Maximoom.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
6. SOFTWARE LICENSES
You acknowledge and agree that you shall have no rights to
the proprietary software and/or any related documentation,
enhancements or modifications thereto, provided to you to
access the Service ("Access Software"). You may not
sublicense, assign or transfer any licenses granted to you
by Maximoom.com, and any attempt at such sublicense,
assignment or transfer is void. You may make one (1) copy of
such software for archival purposes only. You may not copy,
distribute, modify, reverse, engineer or create derivative
works from the Access Software.
7. SYSTEM INTEGRITY
You may not use any device, software or routine to interfere
or attempt to interfere with the proper working of the Site
or any transaction conducted on the Site. You may not take
any action which imposes an unreasonable or
disproportionately large load on our infrastructure. You may
not disclose or share your password with any third parties
or use your password for any unauthorized service.
8. TERMINATION
Maximoom.com may, in its sole discretion, terminate or
suspend your access or refuse service at any time, without
notice, to all or part of the Service for any or no reason,
including, without limitation, breach of these Terms of
Service or the repeated infringement of copyrights owned by
third parties. Maximoom.com, including, without limitation,
its authorized agents and employees may terminate your use
of the Site without notice in the event that you breach any
obligation in these Terms of Service, including but not
limited to, (i) restricting, inhibiting or disrupting any
Maximoom.com event or (ii) attempting to alter or improperly
access any feature or function of the Site. Your access may
also be subject to termination if you post or transmit any
illegal content; harass or threaten any user of the Site or
Maximoom.com employee; post content (including, but not
limited to, the creation of usernames) that is offensive or
otherwise disruptive of Site activities; post unsolicited
advertising; or improperly impersonate a Maximoom.com
employee or other individual.
9. RISK OF LOSS
All items purchased from the Site are made pursuant to a
shipment contract. This means that the risk of loss and
title for such items passes to you upon our delivery to the
carrier.
10. PRODUCT DESCRIPTION
Maximoom.com and its affiliates attempt to describe all of
the products on the Site as accurately as possible. However,
Maximoom.com does not warrant that product descriptions or
other Content of this Site is accurate, complete, reliable,
current or error-free. If a product offered on our Site
itself is not as described, your sole remedy is to return it
in unused condition.
11. MISCELLANEOUS
This Agreement has been made in and shall be construed and
enforced in accordance with dutch law without regard to any
conflict of law provisions. Maximoom.com makes no
representation that the Content in this Site is appropriate
for access outside of the Netherlands. Those who choose to
access this Site from outside the Netherlands do so on their
own initiative and are responsible for compliance with local
laws. |
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