MDStudiosInc.com USER AGREEMENT
Welcome
to MDStudiosInc.com's User Agreement. This Agreement
is a legal agreement between you and MDStudiosInc.com regarding your use of MDStudiosInc.com's web site proprietary services
("Services"). By using the Services, you are agreeing to the terms
and conditions included in this Agreement (the "Terms of Service").
1. MDStudiosInc.com Services. This agreement covers your use of MDStudiosInc.com's Services on this site only. Your use of
services on other sites will be covered by separate agreements. Our Services
are available only to individuals who can form legally binding contracts under
applicable law, and therefore, excludes minors.
2. Use of the Services. You may use the Services for personal and business
purposes. However, you may not sell, lease or resell the services to or on
behalf of any other party. In addition, you may not use, or permit to be used, MDStudiosInc.com
Services in violation of any applicable law, regulation or policy, or in
violation of any third parties' rights.
3. Terms and Conditions of Use.
(a) Agreement
to Terms. By using the information, services and products available through MDStudiosInc.com
you are agreeing to the terms and conditions contained herein.
(b)
Modification. MDStudiosInc.com reserves the right to modify the Terms of
Service at any time, and such modifications shall be effective immediately upon
the earlier of posting of the modified Terms of Service or by e-mail
notification to you.
(c) You agree
to review these Terms of Service periodically to be aware of such
modifications, and your continued access or use of this web site shall be
deemed your acceptance of the modified Terms of Service.
(d) You agree that these standards for
notice of changes are reasonable.
(e) You
acknowledge and agree that MDStudiosInc.com or its affiliates may deny you
access to or use of all or part of this web site without prior notice if you
engage in any conduct or activities that MDStudiosInc.com in its sole
discretion believes violates any of these Terms of Service, violates the rights
of MDStudiosInc.com, or is otherwise inappropriate for continued access and use
of this web site.
4. Your Information.
(a) By giving
us your email address, you are certifying in this Agreement that you have the
right to use your email address.
(b) By
providing information to us via this web site (such a, feedback, data,
comments, questions, suggestions, plans or ideas), you agree that such
information shall be non confidential and that MDStudiosInc.com
shall have unlimited rights to (or not to): use, distribute, reproduce, and
disclose such information as MDStudiosInc.com deems appropriate, without
compensation or acknowledgement of its source. MDStudiosInc.com shall be free
to use any ideas, concepts, know-how or techniques contained in information you
provide MDStudiosInc.com through MDStudiosInc.com's
web site.
(c) In
exchange for use of this web site, you agree that any information you submit to
us will be current and complete and will not violate the rights of any third
parties, and you agree to defend, indemnify, and hold harmless MDStudiosInc.com,
its affiliates and content suppliers, and their successors against any claims
by third-parties alleging facts in breach of these representations.
(d) While MDStudiosInc.com
will not knowingly divulge your email address or any other personal information
to outside parties, you agree that MDStudiosInc.com will not be liable for
acquisition or use of your information by any third party without MDStudiosInc.com's knowledge or consent. In turn, you agree
that MDStudiosInc.com will not be liable for the acquisition or use of personal
information about you that is not under our control.
(e) MDStudiosInc.com
is against unsolicited e-mail (SPAM) as a matter of policy. Therefore, we will
NOT send you any advertisement-only messages as part of the Services. However,
in order to support this FREE service, you will receive advertisements within
the email notifications you receive.
5. Ownership.
(a) MDStudiosInc.com
has and shall retain all right, title and interest in and to any software or
technology used in providing the Services, and all intellectual property rights
therein.
(b) All
content included on this web site, including text, graphics, logos, buttons,
icons, and images, is the property of MDStudiosInc.com or its affiliates, content
suppliers, or other licensors, with ownership as indicated by specific
copyright and trademark notices and/or context, and is protected by U.S, and
international copyright and trademark laws.
6. Consumer Information. The consumer information contained here is intended,
in part, to alert the reader to pertinent issues regarding this site. The
information contained herein is not intended as a substitute for professional
consultation. If professional assistance is required, the services of a
competent professional person should be sought.
7. Pricing and Availability. Any pricing information listed on this web site is
subject to change without notice. Certain items herein may be discontinued or
may be unavailable in some areas.
8. Disclaimers.
(a) The availability
of the Services depends on many factors, including your connection to the
Internet, the availability of the MDStudiosInc.com 's
web site or services, and equipment that is not, by its nature, fault tolerant.
(b) THE
SERVICES ARE PROVIDED "AS IS". NO WARRANTIES ARE PROVIDED, WHETHER
WRITTEN OR ORAL, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES, THE
AVAILABILITY OR USE OF THE SERVICES, PERFORMANCE OF THE SITE, RESULTS OBTAINED
OR OPERATION WITHOUT INTERRUPTION, ANY INFORMATION OR PRODUCTS OBTAINED OR
DERIVED THROUGH USE OF THE SERVICES, THE TRANSMISSION, STORAGE OR USE OF YOUR
INFORMATION, OR ANY PRODUCTS OR SERVICES USED IN CONJUNCTION WITH THE SERVICES.
(c) MDStudiosInc.com
AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRINGMENT AND FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO THE SERVICES, AVAILABILITY AND USE OF THE SERVICES, ANY INFORMATION
OR PRODUCTS OBTAINED OR DERIVED THROUGH USE OF THE SERVICES, FREEDOM FROM
COMPUTER VIRUS, AND ANY TRANSMISSION OR USE OF YOUR INFORMATION.
(d) MDStudiosInc.com
and its affiliates and content suppliers reserve the right to alter or delete
the products, services and information available from this web site at any
time.
(e) The
information contained in this World Wide Web site is provided for informational
purposes only. While MDStudiosInc.com has tried to provide accurate and timely
information1 there may be inadvertent inaccuracies and typographical errors. We
reserve the right to make changes and corrections at any time, without notice.
(f) MDStudiosInc.com
does not warrant the accuracy, completeness or usefulness of the information,
text, links or other items contained on this web site and MDStudiosInc.com
expressly disclaims liability for errors or omissions in these materials.
(g) MDStudiosInc.com makes no
commitment to update the information contained on this web site.
(h) Third
party web sites listed as hypertext links herein are not under the control of MDStudiosInc.com.
Accordingly, MDStudiosInc.com can make no representation concerning the content
of these web sites nor can the fact that MDStudiosInc.com has included this
link serve as an endorsement by MDStudiosInc.com of any of these web sites.
(i) Nothing
contained in this web site constitutes investment advice.
(j) All sales of products listed herein
are subject to our usual terms and conditions of sale.
9. Trademarks. All trademarks, company names, and product names are
the property of their respective owners.
10. Copyright. The content of this web site, including but not
limited to the text and images herein and their arrangement are copyright @2003
MDStudiosInc.com. All Rights Reserved. Certain images herein are owned by and
have been provided by our members and are used with permission. Please contact
us if you are interested in receiving permission for commercial or
non-commercial use of any of the images or content herein.
11. Limitation of liability. IN NO EVENT WILL MDStudiosInc.com, ITS SUPPLIERS,
LICENSEES OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT OR ARISE OUT THE SERVICES, THE
AVAILABILITY OR USE OF THE SERVICES, ANY INFORMATION OR PRODUCTS OBTAINED OR
DERIVED THROUGH USE OF THE SERVICES, ANY OTHER PRODUCTS OR SERVICES USED IN
CONJUNCTION WITH THE SERVICES, OR ANY TRANSMISSION OR USE OF YOUR INFORMATION.
IN NO EVENT SHALL MDStudiosInc.com’S, ITS SUPPLIERS'
OR ITS LICENSEES' AGGREGATE LIABILITY TO CUSTOMER OR ANY PARTY ARISING OUT OF
THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100).
12. Indemnification.
(a) You agree
to indemnify, defend and hold harmless MDStudiosInc.com, its affiliates,
officers, directors, employees, consultants, agents and suppliers from and
against any and all claims, liability, damages and/or costs (including but not
limited to reasonable attorneys' fees) arising from your use of this web site
and the Services provided under this Agreement, the violation of these terms
and conditions by you, or the infringement by you, or other users of MDStudiosInc.com
's web site through the use of your computer or your infringement of any
intellectual property or other right of any person or entity.
(b) MDStudiosInc.com
reserves the right at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
13. Termination of Service.
(a)Either you
or MDStudiosInc.com may terminate this Agreement and the Services at any time
and for any reason, but until that time it remains in full force and effect.
(b) These
terms are effective until terminated by either party. You may terminate these
terms at any time by destroying all materials obtained from any and all MDStudiosInc.com
site(s) and all related documentation and all copies and installations thereof,
whether made under the terms of these terms or otherwise.
(c) These
terms will terminate immediately without notice from MDStudiosInc.com if in MDStudiosInc.com's sole discretion you fail to comply with
any term or provision of this Agreement.
(d) Upon
termination, you must destroy all materials obtained from the site and any and
all other MDStudiosInc.com site(s) and all copies thereof, whether made under
the terms of these terms or otherwise.
(e) The terms of this Section and
Sections 4, 5, 8,11 and 12 will survive any
termination of this Agreement.
14.
(a) MDStudiosInc.com does not and
cannot monitor each and every message posted in the message Center.
(b) MDStudiosInc.com
is not responsible for any message posted, and does not vouch for or warrant
the accuracy, validity, completeness or usefulness of any message. The messages
express the views of their authors, not necessarily the views of MDStudiosInc.com.
(c) By posting in the
(d) MDStudiosInc.com
reserves the right to end a discussion or lock a thread if we feel that the
discussion has become unproductive or combative, or if the topic is
unnecessarily dominating the message center. MDStudiosInc.com reserves the
right to lock a thread if there have been no messages in it for 30 days.
15. Community Guidelines
(a) MDStudiosInc.com
takes pride in its community. We are protective of this community and want it
to thrive and grow. For this reason, we have implemented the Community
Guidelines, which are outlined below. These guidelines explain what you can
expect of MDStudiosInc.com, as well as the kind of online behavior we expect of
you.
(b) The
number one guideline to be followed at all times is "treat others as you
would like to be treated yourself." Abuse of other members will absolutely
not be tolerated.
(c) Also,
remember that community standards are always evolving. It is important that you
periodically check this document for alterations and updates. It's all part of
taking pride in and protecting the MDStudiosInc.com community. Thanks for doing
your part.
(d) Online
conduct should be guided by common sense and basic etiquette. You will be
considered in violation of our Community Guidelines if you do any of the
following:
16. Moderation and Enforcement of
Guidelines
(a)
Moderation messages will be public. This is not done to embarrass or upset the
poster but, rather, to serve as a learning experience for all users. Similarly,
messages will not be deleted unless they are obscene, invasive of a person's
privacy, or otherwise in gross violation of our guidelines. The poster will be
warned in the same thread, with the relevant portion of the message quoted as
necessary. The poster, of course, always retains the option of editing their
initial message.
(b) Moderations will follow a three step
process:
17. Miscellaneous.
(a) Entire
Agreement. This Agreement constitutes the entire agreement between you and MDStudiosInc.com
with respect to the Services and supersedes all other agreements,
contemporaneous and prior, between you and MDStudiosInc.com with respect to the
Services.
(b) Nonwaiver. MDStudiosInc.com's
failure to enforce any provision of this Agreement will not be construed as a
waiver of any provision or right.
(c)
Amendment. MDStudiosInc.com can revise these Terms and Conditions by updating
this posting. No amendment or modification hereof will be valid or binding upon
either party unless assented to by MDStudiosInc.com.
(d)
Severability. In the event that a portion of this Agreement is held
unenforceable, the unenforceable portion will be construed in accordance with
applicable law as nearly as possible to reflect the original intentions of the
parties, and the remainder of the provisions will remain in full force and
effect.
(e) No Estoppel. Waiver by either party of a breach of any
provision of this Agreement or the failure by either party to exercise any
right hereunder shall not operate or be construed as a waiver of any subsequent
breach of that right or as a waiver of any other right.
(f) Act of
God. MDStudiosInc.com will not be liable in any amount for failure to perform
any obligation under this Agreement if such failure is caused by the occurrence
of any unforeseen contingency beyond the reasonable control of such party
including without limitation Internet outages, communications outages, fire,
flood, war or act of God.
(g) No
Obligation to Monitor. MDStudiosInc.com does not have any obligation to monitor
use of the Services, but MDStudiosInc.com may do so and may also disclose
information regarding your use of the Services to satisfy laws, regulations or
other government requests.
(h)
THANK YOU FOR VISITING AND USING THE MDStudiosInc.com
WEB SITE. WE APPRECIATE YOU AS A CUSTOMER.
************************
©Copyright 2004
All Rights Reserved
For Questions or Comments Contact Us