This service agreement, and any further amendments to this Service Agreement made in writing by The MALL OF FAME, shall constitute the entire agreement (the "Agreement") between MALL OF FAME and you with respect to the Service and shall supersede all other communications and agreements with regard to the Service and the other matters covered by this Service Agreement.
By completing the enrollment process to become a member of the Service and by using the Service you agree to be bound and abide by the Agreement as if you had signed this Service Agreement. MALL OF FAME may amend the Agreement at any time and in any manner, any amendment shall be effective immediately. Service reaffirms your agreement to be bound and to abide by the Agreement as amended. If you do not wish to be bound by the Agreement, you may choose to immediately terminate your account with the Service as set forth below.
MALL OF FAME may discontinue or alter any aspect of the Service at any time, without notice, without liability and in MALL OF FAME's sole discretion.
You agree to provide MALL OF FAME with accurate, current and complete information for your registration as a member of the Service and to maintain and update this information as required to keep it accurate, current and complete. You agree in your enrollment as a member of the Service and in your use of the Service not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
You acknowledge that the Service contains proprietary and confidential information. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in whole or in part.
You acknowledge that content appearing on the Service may be protected by copyrights, trademarks or other proprietary or personal rights and that your use of such content will be governed by the laws which create those rights and provide for their enforcement. You agree that, without the prior written consent of MALL OF FAME you shall not resell the Service.
You agree that you will comply with all the rules, regulations and policies applicable to any network server, computer database, web site, newsgroup or ISP that you access through your use of the Service. You agree that you will not transmit on the Service any harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, adult oriented or other offensive material of any kind. You agree not to use the service to violate any tariff, regulation, treaty, or law( including, without limitation, copyright, privacy, criminal and international law). You agree to comply with any operating rules provided or made available to you from time to time by MALL OF FAME. MALL OF FAME retains the right at any time to refuse or discontinue the use of any user name selected by you. You agree that you will not interfere with any person's use and enjoyment of the Service or any other online service. You agree not to use the service to break security of any computer network, or to access an account which does not belong to you. You acknowledge that any violation of the above will be considered a breech of contract and your service will be terminated and all fees surrendered.
WITH RESPECT TO INFORMATION, GOODS AND SERVICES PROVIDED ON OR THROUGH THE SERVICE, MALL OF FAME (1) HAS NO RESPONSIBILITY OR OBLIGATION WITH RESPECT TO ( AND DOES NOT ENDORSE) ANY INFORMATION, GOODS OR SERVICE, (II) MAKES NO WARRANTIES WHATSOEVER (EXPRESS OR IMPLIED) WITH REGARD TO ANY INFORMATION, GOODS OR SERVICE (INCLUDING, WITHOUT LIMITAION, WARRANTIES OF ACCURACY, COMPLETENESS, USEFULNESS, MECHANTABILITY, SAFETY OR FITNESS FOR A PARTICULAR PURPOSE), (III) SHALL NOT BE A PARTY TO A TRANSACTION BETWEEN YOU AND ANY USER OF THE SERVICE AND (IV) SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCE, FOR ANY LOSS, COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY ACT OR OMISSION OF ANY PERSON OR FROM ANY INFORMATION, GOODS OR SERVICE. MALL OF FAME is a distributor (and not a publisher) of information disseminated by persons using the Service.
YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER MALL OF FAME NOR ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS AND AUTHORIZED USERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU IN CONNECTION WITH THE SERVICE ("MALL OF FAME LICENSED SOFTWARE") IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESSED OR IMPLIED), INCLUDING, WITHOUT LIMITAITION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABLILTY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION PROVIDED BY MALL OF FAME, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH ADVICE OR INFORMATION.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGNECE) SHALL MALL OF FAME OR ANYONE ELSE INVOLVED IN CREATING PRODUCING OR DISTRIBUTING THE SERVICE OR RELATED SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES THAT RESULT FROM OR THROUGH THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
You agree to indemnify MALL OF FAME and its affiliates against liability arising from any of your use of the Service (including, without limitation, your dissemination of any information on the Service).
You may terminate your access to the Service and your account at any time, for cause or for no cause, with thirty days (30) written notice. You fully understand and authorize MALL OF FAME to charge you the flat rate for the Service from the date of the initial Agreement, as set forth in Section 6.4. Your only right with respect to any dissatisfaction with the Agreement or any terms, policies, or practices of MALL OF FAME in operating the Service; any content available through the MALL OF FAME Service; or any change to any of the foregoing, is to terminate your account.
Annual contract and/or multiple issue cancellations will be prorated at the normal monthly rate.
Upon termination, you agree that (1) you shall have no right to access any stored content on the Service (and any such content will be forfeited), (2) MALL OF FAME shall have no obligation to notify (and shall have no responsibility for the failure to notify) any person.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement shall not be construed as a waiver of any provisions or right. Neither the course of conduct between parities nor trade practice shall act to modify any provision of the Agreement.
The Agreement and its enforcement shall be governed by, and construed in accordance with, the laws of the United States Of America, without regard to conflicts-of-law principles. Each party irrevocably consents to the exclusive jurisdiction of the courts in connection with any action arising under the Agreement or relating to the Service or MALL OF FAME. Any cause of action brought by or on behalf of you with respect to this Agreement, or the Service must be commenced within one month (30) days after the claim or cause of action arose.
You agree that all setup fees and/or charges are non-refundable in the event of cancellation.
I have read the above terms and agree to abide by all
conditions.