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| TERM AND CONDITIONS |
| I. ACCEPTANCE OF TERMS
mediaportal.ro provides the following
service to you, subject to these Terms of Service ("TOS"), which may be
updated at anytime without notice.
II. DESCRIPTION OF SERVICE mediaportal.ro is a web-based media service
that allows its subscribers to upload and edit media content (herein
referred to as "MediaPortal", or "the Service"). The Service may be used
through a web browser or by the use of downloadable clients ("the
Software"). Once registered with mediaportal.ro, each user receives his or
her own profile to post text, data, messages, or information concerning
or linked to software, music, sound, photography, graphics, and video
("the Content"). This Content may reside on mediaportal.ro's servers or on the
servers of a third party. III. ACCOUNT STRUCTURE Myzine currently is a subscription free
website, supported soley by advertisments. Therefore there are no costs
to the users and/or members of the Service. IV. YOUR REGISTRATION OBLIGATIONS Account registration and
verification is required in order to create a MediaPortal account. During
registration, all users are required to provide accurate, complete and
current information about themselves in all required fields. Should any
of your own information change after submitting it to MediaPortal, you are
hereby required to update that information as soon as possible. Should
MediaPortal suspect that your personal information is not complete,
current, or accurate, your account may be subject to suspension or
termination. Should you feel that MediaPortal's privacy policy is not
sufficient for you to complete the registration form truthfully, please
email your policy concerns to contact@hpmedia.net. Users under 16 years
of age are required to have a parent or guardian review and complete
the registration process. V. PRIVACY POLICY Your use of the Service is subject
to mediaportal.ro's privacy policy. VI. INDEMNITY You agree to indemnify and hold mediaportal.ro, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any alleged claim or demand, including
reasonable attorney fees, made by any third party due to or arising out
of your Content, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of
another, whether you are a registered user or not. The user is solely
responsible for his or her actions when using the Service, including,
but not limited to, costs incurred for Internet access. VII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing
the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in
which you reside. VIII. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that mediaportal.ro may establish limits concerning use of the Service and may modify these limits at any time. IX. MODIFICATIONS TO SERVICE mediaportal.ro reserves the right to
modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice at any time. You agree that
mediaportal.ro shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service. X. NO RESALE OF SERVICE You agree not to reproduce, duplicate,
copy, sell, resell or exploit any portion of the Service, use of the
Service, or access to the Service. XI. TERMINATION You agree that mediaportal.ro, in its sole
discretion, may terminate your password or membership, and remove and
discard any content within the Service, for any reason, including and
without limitation, the lack of use, or if mediaportal.ro believes that you
have violated or acted inconsistently with the letter or spirit of the
TOS. Any contracts, verbal or written or assumed, in conjunction with
your deleted account and all its parts, at mediaportal.ro's discretion, will
be terminated as well. mediaportal.ro may also in its sole discretion and at
any time, discontinue providing the Service, or any part thereof, with
or without notice. You agree that any termination of your access to the
Service under any provision of this TOS may be effected without prior
notice, and acknowledge and agree that mediaportal.ro may immediately
deactivate or delete your mediaportal.ro membership and all related
information and files. mediaportal.ro reserves the right to bar any further
access to such files or the Service. You agree that mediaportal.ro shall not
be liable to you or any third-party for any termination of your access
to the Service. XII. ADVERTISEMENTS AND PROMOTIONS By using mediaportal.ro, you
agree that mediaportal.ro has the right to run advertisements and
promotions. You agree that mediaportal.ro shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the
Service. XIII. LINKS The Service, or relevant third parties, may
provide links to other web sites or resources. Because mediaportal.ro has no
control over such sites and resources, you acknowledge and agree that
mediaportal.ro is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and
agree that mediaportal.ro shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content, goods or
services available on or through any such site or resource. XVI. PROFILE & VIDEO CONTENT Guidelines for posting content & videos to your profile and the Service shall be as follows:
XV. mediaportal.ro PROPRIETARY RIGHTS You acknowledge and agree that the Service, and any necessary software
used in connection with the Service (referred to as "Software"), may
contain proprietary and confidential information that is protected by
applicable laws governing intellectual property, proprietary rights and
the like. All mediaportal.ro code and specifications, and all other code and
specifications for the Software and the operation of the Service, are
subject to their express or implied licenses.
Submission of Unsolicited Ideas and Information mediaportal.ro does not want
to receive confidential or proprietary information from you through
this Site or by email. Unless otherwise agreed in writing by an
authorized mediaportal.ro representative, any material, information or idea
you transmit to mediaportal.ro by any means may be disseminated or used by
mediaportal.ro or its affiliates without compensation or liability to you
for any purpose whatsoever, including, but not limited to, developing,
manufacturing and marketing products. However, this provision does not
apply to Content (as defined herein), or to personal information that
is subject to our privacy policy. XVI. MEMBER CONDUCT You understand that all information,
data, text, software, music, sound, photographs, graphics, video,
messages or other materials, whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such
Content originated. mediaportal.ro does not control Content posted via the
Service and, as such, does not guarantee the validity of such Content.
You also understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Should Content be
found or reported to be in violation with, but not limited to, the
following terms, it will be mediaportal.ro's sole discretion as to what
action should be taken.
You agree to NOT use the Service to:
XVII. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. mediaportal.ro.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) mediaportal.ro MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITYTHAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM mediaportal.ro OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. XVIII. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND
AGREE THAT mediaportal.ro SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF mediaportal.ro HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE. XIX. U.S. GOVERNMENT RESTRICTED RIGHTS The materials on
mediaportal.ro are provided with "RESTRICTED RIGHTS." Use, duplication, or
disclosure by the Romanian Government is subject to restrictions as set
forth in applicable laws and regulations. Use of the materials by the Romanian Government constitutes acknowledgment of mediaportal.ro's proprietary
rights in them. XX. GENERAL INFORMATION The TOS constitutes the entire
agreement between you and mediaportal.ro and governs your use of the
Service, superseding any prior agreements between you and mediaportal.ro
(including, but not limited to, any prior versions of the TOS) and any
prior representations by mediaportal.ro. The laws of Romania shall govern the TOS and the relationship between you
and mediaportal.ro. without regarding its conflict of law provisions. You
and mediaportal.ro agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Cluj-Napoca, Cluj, Romania. The failure of mediaportal.ro to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Service or the TOS must be
filed within one (1) year after such claim or cause of action arose or
be forever barred. The section titles in the TOS are for convenience
only and have no legal or contractual effect. XXI. DISCLAIMER XXII. REVISIONS mediaportal.ro may at any time revise these Terms of Service by updating
this posting. By using this Site, you agree to be bound by any such
revisions and should therefore periodically visit this page to
determine the then-current Terms of Service to which you are
bound. |
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