
Any reference to RealMega.com will also
encompass any sub-domain sites owned and operated by RealMega.com, but not limited
to RealMega.com, NeighborhoodFind.com, RealMegaMail.com, MegaFlashPage.com,
Free Community Flash Web Pages, MegaBlogPage.com,
Free Community Web Journals, MNN MegaNewsNetwork.com, MegaFactor.com Newsletters,
and MegaOrganizer.com. RealMega.com
provides its service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time without notice to you. You can review
the most current version of the TOS at any time. In addition, when using particular
RealMega.com services, you and RealMega.com shall be subject to any posted guidelines
or rules applicable to such services, which may be posted from time to time.
All such guidelines or rules are hereby incorporated by reference into the TOS.
RealMega.com may offer other services from time to time, such as RealMega.com
Store and RealMega.com Web pages that may be governed by different Terms of Services.
Section
1 Use of Material -RealMega.com authorizes you to view and download
a single copy of the material on the Web Site solely for your personal, non-commercial
use. Special rules may apply to the use of certain software and other items provided
on the Web Site. Any such special rules are listed as "Legal Notices" on
this Web Site and are incorporated into this Agreement by reference.
The contents of
this Web Site, such as text, graphics, images, audio, video and other material
("Material"),are protected by copyright under both United States and
foreign laws, and are owned or controlled by RealMega.com or by third parties
that have licensed their Material to RealMega.com Unauthorized use of the Material
may violate copyright, trademark, and other laws. You must retain all copyright
and other proprietary notices contained in the original Material on any copy
you make of the Material. You may not sell or modify the Material or reproduce,
display, publicly perform, distribute, or otherwise use the Material in any way
for any public or commercial purpose. The use of the Material on any other Web
site or in a networked computer environment for any purpose is prohibited, without
the express written permission of RealMega.com The trademarks, logos and service
marks (the "Marks") displayed on the Web Site are owned by RealMega.com
or third parties. You are prohibited from use of those Marks without the express,
written permission of RealMega.com or such third party. If you would like information
about obtaining RealMega.com's permission to use the Material on your Web site, e-mail
us. If you violate any of these Terms, your permission to use the Material
automatically terminates and you must immediately destroy any copies you have
made of the Material.
Section
2 RealMega.com' s Liability - The Material may contain inaccuracies
or typographical errors. RealMega.com makes no representations about the accuracy,
reliability, completeness, or timeliness of the Material or about the results
to be obtained from using the Web Site and the Material. Any use of the Web Site
and the Material is at your own risk. Changes are periodically made to the Web
Site and may be made at any time. Some Material on the Web Site is provided by
third parties and RealMega.com shall not be held responsible for any such Material
provided by third parties.
REALMEGA.COM DOES
NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE OR
ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF
THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, REALMEGA.COM IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL
ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. REALMEGA.COM
AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES,
INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR
THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. REALMEGA.COM
AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section
3 Disclaimer of Certain Damages - IN NO EVENT SHALL REALMEGA.COM, ITS
SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES,
LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REALMEGA.COM
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section
4 User Submissions - Generally, any communication which you post to
the Web Site is considered to be non-confidential. If particular Web pages permit
the submission of communications which will be treated by RealMega.com as confidential,
that fact will be stated on those pages. By posting communications to the Web
Site, you automatically grant RealMega.com a royalty-free, perpetual, irrevocable
non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute,
perform, and display the communication alone or as part of other works in any
form, media, or technology whether now known or hereafter developed, and to sublicense
such rights through multiple tiers of sublicensees.
You must not do any of the following things while accessing the Web Site or using
the Materials:
Post or transmit
material that infringes any patent, trademark, copyright, trade secret or other
proprietary right of any party (the "Rights"), unless you are the owner
of the Rights or have the permission of the owner to post or transmit such material;
Post material that infringes on any other intellectual property rights of others
or on the privacy or publicity rights of others; Post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise
objectionable to another User or any other person or entity; Post sexually-explicit
language or images;
Post or transmit any chain letters or pyramid schemes; Impersonate another person
or entity; Intentionally or unintentionally violate any applicable local, state,
national or international law while using or accessing the Web Site or the Materials;
harm minors in any way; Forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through the Service;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas (such
as shopping rooms) that are designated for such purpose; Post or transmit any
information containing a virus or other harmful component. Violation of any of
the above rules is grounds for immediate loss of membership to RealMega.com and
it's services as well as possible legal action.
RealMega.com does
not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability
of any communications posted by other Users or endorse any opinions expressed
by Users. You acknowledge that any reliance on material posted by other Users
will be at your own risk.
RealMega.com does
not screen communications in advance and is not responsible for screening or
monitoring material posted by Users. If notified by a User of communications
which allegedly do not conform to any term of this Agreement, RealMega.com may
investigate the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication. RealMega.com has
no liability or responsibility to Users for performance or non-performance of
such activities. RealMega.com reserves the right to expel Users and prevent their
further access to the Web Site for violating this Agreement or the law and the
right to remove communications which are abusive, illegal, or disruptive.
Section
5 Links to Other Sites - This Web Site contains links to third party
web sites that are maintained by others. These links are provided solely as a
convenience to you and not as an endorsement by RealMega.com of the contents
on such third-party Web sites. RealMega.com is not responsible for the content
of linked third-party sites and does not make any representations regarding the
content or accuracy of materials on such third-party Web sites. If you decide
to access linked third-party Web sites, you do so at your own risk.
Section
6 Licenses - All software that is made available for downloading from
the Web Site ("Software") is protected by copyright and may be protected
by other rights. The use of such software is governed by the terms of the software
license agreement or designated "Legal Notice" accompanying such software
("License Agreement"). The downloading and use of such software is
conditioned on agreement to be bound by the terms of the License Agreement. Subject
to the foregoing paragraph or as otherwise expressly provided, nothing within
the Web Site shall be construed as conferring any license under any of RealMega.com"s
or any third party's intellectual property rights, whether by implication or
otherwise.
Section
7 Limitation of Liability - Your use of this Web Site is at your own
risk. If you are dissatisfied with any of the Materials or other contents of
the Web Site or with these Terms and Conditions, your sole remedy is to discontinue
use of the Web Site.
UNDER NO CIRCUMSTANCES
SHALL REALMEGA.COM BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OF THE
WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY
AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTIAL,
CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE WEB
SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.
Section
8 Indemnity - You agree to defend, indemnify, and hold harmless RealMega.com
, its officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Material (including Software)
or your breach of the terms of this Agreement. RealMega.com shall provide notice
to you promptly of any such claim, suit, or proceeding and shall assist you,
at your expense, in defending any such claim, suit or proceeding.
Section
9 Export Control - The United States controls the export of products
and information. You agree to comply with such restrictions and not to export
or re-export the Materials (including Software) to countries or persons prohibited
under the export control laws. By downloading the Materials (including Software),
you are agreeing that you are not in a country where such export is prohibited
and that you are not on the U.S. Commerce Department's Table of Denial Orders
or the U.S Treasury Department's list of Specially Designated Nationals. You
are responsible for compliance with the laws of your local jurisdiction regarding
the import, export, or re-export of the Product.
Section
10 User Information -RealMega.com may use the information it obtains
relating to you, including your IP address, name, mailing address, email address
and use of the Web Page, for its internal business and marketing purposes and
may disclose the information to third parties for such purposes.
Section
11 General - RealMega.com makes no claims the Materials are appropriate
for any particular purpose or audience, or that they may be downloaded outside
of the United States. Access to the Materials (including Software) may not be
legal by certain persons or in certain countries. If you access the Web Site
from outside of the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction.
This Web Site is
based in Los Angeles County , California. All legal issues arising from or related
to the use of the Web Site shall be construed in accordance with and determined
by the laws of the State of California. applicable to contracts entered into
and performed within the State of California without respect to its conflict
of laws principles. By using this Web Site, you agree that the exclusive forum
for any claims or causes of action arising out of your use of this Web Site is
the United States District Court for California., or any California State court
sitting in Los Angeles County. You hereby irrevocably waive, to the fullest extent
permitted by law, any objection which you may now or hereafter have to the laying
of the venue of any such proceeding brought in such a court and any claim that
any such proceeding brought in such a court has been brought in an inconvenient
forum.
If any provision
of this Agreement is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and effect. No
waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term.
Except as expressly
provided in a particular "Legal Notice" for Software or material on
particular web pages, this Agreement constitutes the entire Agreement between
you and RealMega.com with respect to the use of Web Site. Any changes to this
Agreement must be made in writing, signed by an authorized representative of
RealMega.com