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Wednesday, May 23, 2007 |
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Remember Me |
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TERMS OF USE |
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USER AGREEMENT
THIS AGREEMENT WAS LAST UPDATED ON JANUARY 30, 2006 |
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| LIMITATIONS ON USE: In order to register with FamilyMediaGuide.com you must be 18 years of age. Only one individual may access the site at a time using the same username or password, unless we agree otherwise.
The content available through FamilyMediaGuide.com is our property and is protected by copyright and other intellectual property laws. You may display or print the content available through FamilyMediaGuide.com for your personal, non-commercial use only. You agree not to sell, publish, distribute, retransmit or otherwise provide access to the content received through FamilyMediaGuide.com to anyone, with one exception:
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| Our guarantee of reliability |
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FamilyMediaGuide.com
A Subsidiary of
Media Data Corporation |
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You may occasionally distribute a copy of an article or a portion of an article from FamilyMediaGuide.com in non-electronic form to a small number of individuals without charge, provided that you indicate all copyright or other proprietary rights notices that appear on FamilyMediaGuide.com and the phrase "Used with permission from FamilyMediaGuide.com." Please contact us if you intend to distribute an article from FamilyMediaGuide.com to a larger number of individuals, or on a regular basis, or in any other manner not permitted by this Agreement.
You agree not to display headlines from our content for use on another website or service. You agree not to post any content from FamilyMediaGuide.com to newsgroups, mailing lists or electronic bulletin boards without our written consent. To request consent for this and other matters, please contact FamilyMediaGuide.com via the Contact Us page.
You agree not to use FamilyMediaGuide.com for any unlawful purpose. We reserve the right to terminate or restrict your access to FamilyMediaGuide.com if, in our opinion, your use of FamilyMediaGuide.com may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a username that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. |
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| FEES AND PAYMENTS: Registration for FamilyMediaGuide.com is free. Additional fees and payments may be assessed for optional value-added services. You are responsible for any fees or charges incurred to access FamilyMediaGuide.com through an Internet access provider or other third party service. |
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CHANGE OF FEES: We may change the subscription fees by giving you 30 days advance notice. In regards to optional value-added services, if you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed FamilyMediaGuide.com using your username and password without your authorization, you should submit a message via the Contact Us page. |
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CHANGES TO USER AGREEMENT: We may change the terms of this agreement at any time by notifying you of the change in writing via electronic mail. The changes also will appear in this document. Your use of FamilyMediaGuide.com after changes are made to this agreement means that you agree to be bound by such changes. |
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PRIVACY: Registration data and other information about you are subject to our Privacy Policy. |
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| RENEWAL: As of the date of this updated agreement, there is no renewal period for registering to FamilyMediaGuide.com. |
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| ACCEPTABLE USE POLICY: In reference and in addition to terms outlined in the Affiliate Marketing Agreement, our affiliates may not include "FamilyMediaGuide.com," any other trademark of FamilyMediaGuide.com, Inc. or its affiliates, variations or misspellings of any of them in their URLs to the left of the top-level domain name (e.g., ".com", ".net", ".uk", etc.) -- for example, a URL such as "familymediaguide.mydomain.com" or "FamilyMediaGuideAuctions.net" would be unacceptable. |
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| INTERACTIVE CONTENT: We provide various opportunities for parents to contribute to our content, whether through community Forums, our Ask the Expert feature, etc. You agree to abide by the additional submission rules that govern these areas of FamilyMediaGuide.com. |
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OUTSIDE SERVICES OFFERED: We may link to or promote various website s or services from other companies on FamilyMediaGuide.com. You agree that we are not responsible for, and do not control, those web sites, services and software. |
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DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY: YOU AGREE THAT YOUR USE OF FAMILYMEDIAGUIDE.COM AND THE CONTENT AVAILABLE THROUGH IT IS ON AN "AS-IS", "AS AVAILABLE" BASIS.
WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT GIVE PARENTING OR MENTAL HEALTH ADVICE. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR SUCH ADVICE.
MEDIA DATA CORPORATION AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF FAMILYMEDIAGUIDE.COM FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, WHETHER OR NOT CHARACTERIZED AS NEGLIGENCE, TORT, CONTRACT OR OTHER THEORY OF LIABILITY, EVEN IF ANY EMPLOYEE OR REPRESENTATIVE OF FAMILYMEDIAGUIDE.COM HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE MEDIA DATA CORPORATION PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. |
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| GENERAL: This Agreement contains the final and entire agreement between us regarding your use of FamilyMediaGuide.com and supersedes all previous and contemporaneous verbal or written negotiations, understandings or agreements regarding your use of FamilyMediaGuide.com. We may discontinue or change FamilyMediaGuide.com, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. |
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