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By
accessing and using the mLogs.com web site, you agree that
you have read, understood and accepted the terms and conditions
below for the use of all of mLogs services, including the
mLogs network and the mLogs WAP site (collectively, the
"Services"). If you do not agree to these terms and
conditions, do not use any of the mLogs Services. These Terms and Conditions May Change mLogs reserves the right to update or amend these Terms and
Conditions at any time. Your continued use of the Services after
the effective date of any posted change constitutes your acceptance
of the amended Terms and Conditions as modified by the posted
changes. For this reason, we encourage you to review these Terms
and Conditions whenever you use the Services. The last date these
Terms and Conditions were revised is set forth below.
mLogs May Change or Suspend Services mLogs may, at its sole discretion, terminate or suspend the
access to the Services or any portion thereof (such as an offer)
of any user for any reason. mLogs may also terminate or suspend
any group or offer for any reason.
Eligibility Neither the Site nor the services are intended for children under
the age of 13. If you are under the age of 13, a parent or guardian
must use the services and participate in any age-appropriate Offer
on your behalf. By clicking the "I ACCEPT" button you
are representing that you are at least 13, or that you have your
parents permission to register for the Services. Passwords/PINs Upon registration for the Services, you will choose a userid and
a password/PIN. You understand that you are solely responsible for
maintaining the confidentiality of your password/PIN, and that you
shall be solely and fully responsible for all activities that
occur under your handle and password. mLogs shall not be responsible
for any loss, claim or other liability that may arise from the
unauthorized use of any password. If a password is lost or stolen
it is the user's responsibility to notify mLogs, so that the
missing password can be deactivated and a new one assigned. How
to Cancel Your Status as a Registered User mLogs will cancel your status as a Registered User and cease
all notices regarding mLogs Services to you within ten (10)
business days after mLogs receives notice from you by any
of the following methods: a)
e-mail addressed to info@mLogs.com b) letter telecopied to mLogs at the following fax number:
609-924-4465; or c) letter delivered by first-class mail prepaid or by courier
to TellShare at the following address: 22 Wall Street, Princeton, NJ 08540 Use
Restrictions As the user, you are required to accept total responsibility for
your behavior and conduct while using the Services. Common courtesy
and mutual respect are necessary when communicating with other
members of mLogs. Because mLogs hopes to promote a safe,
fun and respectful atmosphere for our users, please read over
the following list of what actions you agree to refrain from while
using the Services: A. Using the Services to transmit, route, provide connections
to, or store any material that infringes copyrights works or violates
or promotes the violation of the intellectual property rights
of any user or other entity, or using as group names or email
addresses, terms which may violate the trademark rights of third
parties. B. Sending, posting, exchanging, sharing, promoting, or advertising
harmful, obscene, defamatory, misleading, slanderous, harassing,
abusive, threatening, offensive or unlawful material or material
that violates anyone else's rights, including their right to privacy. C. Assuming the identity of any individual other than yourself.
You may not impersonate another member, or a mLogs staff member. D. Distributing or sending unsolicited e-mail, text or voice message,
or "spam," "chain letters" or "pyramid
schemes" or any other form of unauthorized solicitation,
including promotions and/or advertising of products or services. Ownership:
Copyright and Trademark Notice Anytime you publish through mLogs, upload to and or distribute
information through our Service, you are granting mLogs the
right to publicly display, copy, edit, delete and distribute such
works. You agree to and hereby assign any rights you may have
in user groups that you create or participate in, including the
name, theme and content thereof. mLogs may, at its sole discretion,
and without compensation to any user, make user groups available
for sponsorship and branding by Clients or other third parties. Other
than private text and e-mail messages, all of the content you
see, hear or otherwise experience through the Services (the "Content"),
including, for example, all of the page headers, images, illustrations,
graphics, and text, are subject to trademark, service mark, trade
dress, copyright, trade secret, patent, and/or other intellectual
property rights or licenses held by mLogs or by third parties
who may own them. The
Content and the Services as a whole are intended solely for the
non-commercial use of authorized users. You may download, print
and store selected portions of the Content, provided that you
(i) only use copies of the Content for non-commercial purposes;
and (ii) do not modify or alter the Content in any way, or delete
or change any copyright, trademark or other proprietary notice.
No right, title or interest in any downloaded materials is transferred
to you as a result of any such downloading. As between you and
mLogs, mLogs shall retain all right, title and interest
in and to the Content and Services, including all URLs. Except
as noted above, you may not copy, download, reproduce, modify,
publish, distribute, transmit, transfer or create derivative works
from the Content without obtaining prior written permission from
mLogs. For permission to use our materials on the web site
for other purposes, please send an e-mail to info@mLogs.com.
If you wish to use third-party materials appearing on the web
site, you must contact the copyright owner of such materials. No
Endorsements of Third Parties or Clients The Offers are provided by the mLogs Clients, who have provided
to mLogs the Offers and any Content related to the Offers.
mLogs does not endorse or recommend the Offers, and is not
responsible or liable in any way for the accuracy or timeliness
of the Offers, descriptions, listings or redemptions of the Offers,
or for any other aspect of the Offers including, without limitation,
the quality or safety of the goods or services associated with
the Offers. You participate in such Offers solely at your own
risk. If you have any complaints, concerns or comments about the
Offers, you should contact the applicable mLogs Client directly.
Each mLogs Client is solely responsible for its Offers and
the accuracy and timeliness of the Offers, description, listings
and redemptions of the Offers, and for all other aspects of the
Offers. In any Offer provided by mLogs, you are not in any
way guaranteed the ability to take advantage of or participate
in the Offers. The Offers may be provided on a first-come, first-served
basis, and mLogs is not responsible or liable in any way whatsoever
for your inability to take advantage of or participate in a Offers
including, without limitation, in the event of a sell-out event
or where goods or services are not available for any reason whatsoever. Privacy
Policy Click here to read mLogs's Privacy Policy. In particular,
be aware that if you register for any offers or groups referenced
on our web site, certain information (as described in the Privacy
Policy) may be disclosed to them. General
Disclaimer and Limitation of Liability mLogs
is only a venue allowing users to communicate with other users
and allowing users to receive promotional offers from third parties.
If you choose to use or access the Site, use it's services or
participate in the Offers, or participate in any offer associated
in any way with mLogs, you do so on your own initiative and
at your sole risk and you are responsible for compliance with
all applicable laws. THE
SITE, THE CONTENT, THE OFFERS, THE GROUPS, THE SERVICES AND ALL
OTHER MATERIALS ASSOCIATED IN ANY WAY WITH MLOGS OR CONTAINED
IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE"
AND WITHOUT WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, MLOGS, ITS PARENT
AND SUBSIDIARIES AND ANY MLOGS CLIENT, AND EACH OF THEIR RESPECTIVE
VENDORS, AGENTS, LICENSORS, LICENSEES, OFFICERS, DIRECTORS, SHAREHOLDERS
AND EMPLOYEES (COLLECTIVELY, THE "MLOGS COVERED ENTITIES")
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND WARRANTIES REGARDING THE ACCURACY,
TIMELINESS OR COMPLETENESS OF THE CONTENT AND/OR ANY OFFERS OR
THE ABSENCE OF VIRUSES FROM THE SITE, THE SERVERS OR EMAILS SENT
FROM MLOGS. UNDER
NO CIRCUMSTANCES WILL ANY MLOGS COVERED ENTITY BE LIABLE FOR
ANY CLAIMS, LIABILITIES, LOSSES, INJURIES, ACTIONS, DAMAGES, COSTS
OR EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS'
FEES AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES (COLLECTIVELY, "DAMAGES") IN ANY WAY ARISING
OUT OF OR RESULTING FROM THE SITE OR YOUR USE OF THE SITE; THE
SERVICES; THE CONTENT; ANY OFFERS; ANY GOODS OR SERVICES OBTAINED
THROUGH THE SITE OR IN CONNECTION WITH A OFFERS (INCLUDING, WITHOUT
LIMITATION, ANY GOODS OR SERVICES OBTAINED BY A MINOR); ANY MODIFICATION
OR SUSPENSION OF THE TERMS OR YOUR STATUS AS A REGISTERED USER;
ANY DELAYS IN TRANSMISSION OF THE SITE OR THE CONTENT; ANY FAILURE
IN PERFORMANCE OF THE SITE; ANY COMPUTER VIRUSES; ANY ERRORS OR
DEFECTS; ANY INABILITY TO ACCESS, USE OR PRINT FROM THE SITE OR
THE OFFERS; ANY DAMAGE TO YOUR COMPUTER OR WIRELESS OR WIRED DEVICE
THAT RECEIVES THE OFFERS; OR ANY OTHER LOSS OF PROPERTY. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, PORTIONS OF THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ANY mLogs
COVERED ENTITY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED
THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. Indemnification You
agree to indemnify and hold harmless the mLogs Covered Entities
from and against any and all claims, liabilities, losses, injuries,
actions, damages, costs and expenses (including reasonable attorneys'
fees) in any way arising out of or relating to your use of the
Site any Service, any Offer or your breach of any of these Terms. Assignment You may not assign any of your rights or delegate any obligations
hereunder, in whole or in part, whether voluntarily or by operation
of law, without the prior written consent of mLogs. Any such
purported assignment or delegation by you without the appropriate
prior written consent of mLogs will be null and void and of
no force or effect. Miscellaneous If any provision of these terms and conditions is held to be invalid
or unenforceable, such provision shall be deemed superseded by
a valid enforceable provision that most closely matches the intent
of the original provision and the remaining provisions shall be
enforced. mLogs's failure to act with respect to a breach
by any user or others does not waive mLogs's right to act
with respect to subsequent or similar breaches. The failure of
mLogs to exercise or enforce any right or provision of these
terms and conditions shall not constitute a waiver of such right
or provision. The section headings and subheadings contained in
this Agreement are included for convenience only, and shall not
limit or otherwise affect the terms of this Agreement. This agreement
shall be interpreted in accordance with the laws of the State
of New Jersey without regard to conflict of laws principles. All
claims arising from this agreement must be filed in the state
or Federal courts located in Princeton, New Jersey. This
agreement constitutes the entire agreement between mLogs and
User with respect to the subject matter hereof.
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