| THE MUST KNOW'S TERMS AND CONDITIONS OF USE |
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| PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEMUSTKNOW.com website ("THEMUSTKNOW.com") is provided by THE MUST KNOW, Inc. ("THE MUST KNOW") and/or its affiliates and subsidiaries for your and others' personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto ("Terms and Conditions"), and the rules that may be published from time to time by THE MUST KNOW. By using THEMUSTKNOW.com, you are agreeing to these terms and conditions of use. We reserve the right to modify them at any time. Check these terms and conditions periodically for changes. By using THEMUSTKNOW.com after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use THEMUSTKNOW.com. These terms and conditions do not apply to your use of unaffiliated sites to which any of THEMUSTKNOW.com only links. User Conduct THEMUSTKNOW.com and any communications service, including the capability to contribute material through the contribution form (each such submission, a "Contribution") or other interactive service that may be available to you on or through THEMUSTKNOW.com (collectively, the "Services") are provided to you solely for entertainment purposes. By using THEMUSTKNOW.com and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the contribution form and any other form. If any information provided by you is untrue, inaccurate, not current or incomplete, THE MUST KNOW reserves the right to terminate your subscription and refuse any and all current or future use of the Services. Without limitation of the foregoing, you agree to not use THEMUSTKNOW. com or Services to: · Upload, post, publish, email, reproduce, distribute or otherwise transmit any information or other materials, including any Contribution (collectively, "Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, mean, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another's privacy, or hateful; · Impersonate any person or entity, including, but not limited to, a THE MUST KNOW official, or falsely state or otherwise misrepresent your affiliation with a person or entity; · Act in a manner that negatively affects other users' ability to engage in THEMUSTKNOW.com or Services; · Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or · Intentionally or unintentionally violate any applicable local, state, national or international law. You acknowledge that THE MUST KNOW is not responsible for material submitted to THE MUST KNOW. THE MUST KNOW does not pre-screen, monitor, review or edit the Content posted by users. However, THE MUST KNOW and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in THE MUST KNOW 's judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. THE MUST KNOW is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to THE MUST KNOW. You agree to immediately notify THE MUST KNOW of any unauthorized use of the Service or any other breach of security known or suspected by you. You acknowledge and agree that THE MUST KNOW may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of THE MUST KNOW, its users or the public. Any or all Content on the THEMUSTKNOW.com may be purged periodically at THE MUST KNOW 's sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information created by THE MUST KNOW or submitted to THE MUST KNOW, including Content. You further acknowledge and agree that the views expressed on the THEMUSTKNOW.com do not necessarily reflect the views of THE MUST KNOW, and THE MUST KNOW does not support or endorse Content (including any Contribution, whether or not edited by THE MUST KNOW or its designee or presented on the THEMUSTKNOW.com edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User. Restrictions on Use of Materials The content on THEMUSTKNOW.com is intended for entertainment purposes only. The contents of THEMUSTKNOW.com are protected by copyright laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the THEMUSTKNOW.com only for your personal use. This means you may download one copy of posted materials on a single computer for personal, noncommercial home use only, so long as you neither change nor delete any author attribution, trademark, legend or copyright notice. When you download copyrighted material you do not obtain any ownership rights in that material. You are not allowed to modify, copy, publish, display, transmit, adapt or in any way exploit the content of THEMUSTKNOW.com. Only if you obtain prior written consent from us — and from everyone else that has a claim to the intellectual property — may you publish, display or commercially exploit any material from THEMUSTKNOW.com. You must abide by all additional copyright notices or other restrictions contained in any of THEMUSTKNOW.com. Links These terms and conditions apply only to THEMUSTKNOW.com, and not to the sites of any other companies or organizations, including those to which any of THEMUSTKNOW.com may link. We are not responsible for the availability of any other site to which any of THEMUSTKNOW.com links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster. Other sites may link to any of THEMUSTKNOW.com only through a plain-text link. Permission must be granted by us for any other type of link to THEMUSTKNOW.com. To seek our permission, write to us at weblink@themustknow.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link to any part of THEMUSTKNOW.com, at our discretion at any time. Submissions We welcome your comments about any part of THEMUSTKNOW.com. However, we will not review or consider any unsolicited creative submissions. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that projects developed by our professional staff might seem to others to be similar to their own creative work. Accordingly, we must ask that you not send us any original creative ideas, suggestions or materials. THE MUST KNOW does not wish to solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the THEMUSTKNOW.com or THE MUST KNOW mail and email addresses, or in any other way. If, despite our request, you send us any creative idea, suggestion or material ("Submission"), it shall become our property. Any information or material submitted or sent to THE MUST KNOW, will be deemed not to be confidential or secret. By submitting or sending information or other material to THE MUST KNOW you represent and warrant that the information is original to you and that no other party has any rights to the material. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide, and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission. If you are submitting something to a site that has set up a submissions policy, please consult that site for its specific requirements. User's Grant of Limited License By communicating with THE MUST KNOW, including submitting or sending Content, a Contribution or other information or material to THEMUSTKNOW. com, you grant THE MUST KNOW the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating a Contribution, in whole or in part, into a THE MUST KNOW feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to THE MUST KNOW. You also warrant that any "moral rights" in posted materials have been waived. Disclaimers THE SERVICES, PRODUCTS AND MATERIALS ON THEMUSTKNOW.com ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THEMUSTKNOW.com WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THEMUSTKNOW.com OR THE SERVER THAT MAKES THEMUSTKNOW.com AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THEMUSTKNOW.com IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. We do not endorse, warrant or guarantee any products or services offered on the THEMUSTKNOW.com. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE MUST KNOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE (i) FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THEMUSTKNOW.com, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THEMUSTKNOW.com, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THEMUSTKNOW. com. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THEMUSTKNOW. com. No Personal Advice The information contained in or made available through THEMUSTKNOW. com (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through THEMUSTKNOW.com. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. Parental Permission THEMUSTKNOW.com is not intended to be a children's site, therefore, some of the available information may concern certain topics that may not be appropriate for children. We recommend parents to supervise their children’s online experience to limit the areas of the internet to which their children have access. We may, at our discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. Privacy Policy We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy. Jurisdictional Issues We control and operate THEMUSTKNOW.com from our offices in the United States of America. We do not represent that materials on THEMUSTKNOW. com are appropriate or available for use in other locations. Persons who choose to access THEMUSTKNOW.com from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Provisions Unenforceable or Invalid If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Assignment You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. THE MUST KNOW may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. Miscellaneous These terms will be governed by and construed in accordance with the laws of the State of Florida, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be subject to binding arbitration in accordance with the Florida Arbitration Association and will be arbitrated in Florida. If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. (Last modified on December 02, 2004.) |