TERMS OF
USE
INTRODUCTION
MTS Marketing Inc. ("MTS
Marketing Inc.") makes this website (the "Site"), including all
information, documents, text, directories, data, icons, communications,
files, photos, video, graphics, music, sound, software, and services
available through the Site (collectively, the "Content") available for
your use subject to the terms and conditions set forth in this document
and any changes to this document that MTS Marketing Inc. may publish from
time to time (collectively, the "Terms of Use").
ACCEPTANCE OF TERMS THROUGH USE
By accessing or using this Site
in any way, including, without limitation, using or downloading any
Content, or merely browsing the Site, you agree to and are bound by the
Terms of Use. If you do not agree to these Terms of Use please do not use
this Site. If you breach any of the Terms of Use, your authorization to
use this Site automatically terminates, and any Content downloaded or
printed from the Site in violation of the Terms of Use must be immediately
destroyed. We reserve the right, at our discretion, to update or revise
these Terms of Use. Please check the Terms of Use periodically for
changes. Your continued use of this Site following the posting of any
changes to the Terms of Use constitutes acceptance of those changes.
PROPRIETARY RIGHTS
You acknowledge and agree that
all Content available on this Site is protected by copyright, trademark,
patent, trade secret, and other proprietary rights and laws. For example,
MTS Marketing Inc. owns a copyright in the selection, organization,
arrangement and enhancement of the Content, as well as in the Content
original to itself. Third parties whose Content appears on the Site own
the copyright in the Content original to them. Additionally, among the
trademarks owned by MTS Marketing Inc. are: MTS Marketing Inc. logo. The
look and feel of the Site, including our color combinations, button
shapes, and other graphical elements, also are MTS Marketing Inc.
trademarks.
USE OF THIS WEBSITE
This Site and its Content are
provided for your personal informational and entertainment use only and
may only be used for lawful purposes. By using this Site, you agree not to
reproduce, republish, display, frame, download, transmit, modify, rent,
loan, sell, assign, distribute, reverse engineer, adapt, edit, or create
derivative works based on the Site or its Content, except as expressly
authorized herein. You also agree that you will not store, reproduce,
transmit, publicly display, publicly perform, distribute, publish,
broadcast or otherwise make available the Content, including without
limitation the radio, TV, or other audio visual content directory listings
available on and through this Site (collectively, the "Directory"), or any
portion of the Directory, whether electronically or in any other form, and
whether for commercial purposes or any purpose other than your own
personal use, unless approved in writing by MTS Marketing Inc.. Any
portion of the Directory which is downloaded or otherwise reproduced from
this website may be retained only for a temporary period of time.
Systematic retrieval of data or other content from the Directory or other
use of such data and other Content, directly or indirectly, to create or
compile a collection, database or directory without written permission
from MTS Marketing Inc. is prohibited and you agree not to use any data
mining, robots, or similar data gathering and extraction methods in
connection with the Site.
You may not post on or transmit
through any community, upload or download areas of the Site any Content
that (i) violates or infringes in any way upon the rights of others,
including without limitation copyrights and trademarks, (ii) is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights,
vulgar, obscene, profane, indecent or otherwise objectionable, (iii)
encourages conduct that would constitute a criminal offense, (iv) gives
rise to civil liability or (v) otherwise violates any law. You are
responsible for determining whether posting or transmitting any particular
Content violates any of the provisions above or any laws. You shall be
solely liable for any damages resulting from any infringement of
copyright, trademark or other proprietary right, or any other harm
resulting from any Content you upload, post or submit. You also may not
undertake any conduct that, in the judgment of MTS Marketing Inc.,
restricts or inhibits any other user from using or enjoying the Site,
including without limitation, the community areas.
You may not harvest or collect
information, including email addresses, user names, or other contact
information about Site users, for the purpose of sending unsolicited bulk
e-mail or instant messages.
MONITORING
MTS Marketing Inc. has the right,
but not the obligation, to monitor the Content of the Site, including
without limitation the community, upload and download areas, to determine
compliance with the Terms of Use and any other operating rules that may be
established by MTS Marketing Inc. from time to time. MTS Marketing Inc.
has the right in its sole discretion to edit, refuse to post or remove any
Content submitted to or posted on the Site. Without limiting the
foregoing, MTS Marketing Inc. has the right, but not the obligation, to
remove any Content that it, in its sole discretion, finds to be in
violation of the provisions of these Terms of Use, otherwise
objectionable, or stale. Users shall remain solely responsible for the
Content they post or submit. You acknowledge and agree that MTS Marketing
Inc. shall not assume or have any liability for any action or inaction
with respect to any conduct within the community areas or any
communication or posting in the community areas.
THIRD PARTY SITES, SOFTWARE, AND
CONTENT
This site may produce automated
search results, directory links, or otherwise link you to other locations
available through the Internet. These locations may contain or broadcast
information or material that some people may find inappropriate, offensive
or otherwise objectionable. These other locations are not under the
control of MTS Marketing Inc., and you acknowledge that MTS Marketing Inc.
is not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the content of or broadcasts from such
locations. MTS Marketing Inc. does not pre-screen the channel listings or
related content available through the Directory, and MTS Marketing Inc.
makes no representations or warranties regarding such channel listings and
content. The inclusion of such a link does not imply endorsement of the
site or broadcast by MTS Marketing Inc. or any association with its
operators. You should direct any concerns to such external site's
administrator or webmaster. This Site also may make third party software
or other materials available for download. MTS Marketing Inc. does not
create, endorse, or sponsor such third party materials, and if you
download any such third-party materials that we index or support, you do
so completely at your own risk. If you plan to download any software or
other materials, please be sure to read the copyright and licensing
information first.
USER'S GRANT OF LIMITED LICENSE
By posting or submitting content
to this Site, you:
-
grant MTS Marketing Inc. the
worldwide, royalty-free, perpetual, and non-exclusive right to use,
reproduce, display, perform, adapt, modify, distribute, have
distributed, and promote such content in any form, anywhere and for any
purpose; and
-
warrant and represent that you
own or otherwise control all of the rights to the content and that
public posting and use of your content by MTS Marketing Inc. will not
infringe or violate the rights of any third party.
DISCLAIMER OF WARRANTIES
THE SITE AND THE CONTENT ARE
PROVIDED WITH ALL FAULTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. MTS
Marketing Inc., ITS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES THAT THE SITE AND
CONTENT ARE FREE OF DEFECTS, VIRUS FREE, AND ABLE TO OPERATE ON AN
UNINTERRUPTED BASIS, THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT ERRORS
WILL BE CORRECTED, AND THE IMPLIED WARRANTIES THAT THE SITE AND CONTENT
ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR
PURPOSE OR NEED, OR NON-INFRINGING, UNLESS SUCH IMPLIED WARRANTIES ARE
LEGALLY INCAPABLE OF EXCLUSION. YOUR USE OF THIS SITE IS SOLELY AT YOUR
OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MTS
Marketing Inc., OR THEIR RESPECTIVE PARENTS, AFFILIATES, DIRECTORS,
EMPLOYEES, DISTRIBUTORS, SUPPLIERS, AGENTS OR RESELLERS (COLLECTIVELY, THE
"MTS Marketing Inc. GROUP") BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE
OF, OR INABILITY TO USE, THIS SITE AND ITS CONTENT. THIS LIMITATION
APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MTS Marketing
Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THE MTS Marketing Inc. GROUP'S LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL THE MTS Marketing Inc. GROUP BE
HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE
CAUSED OR ALLEGED TO HAVE BEEN CAUSED TO YOU IN CONNECTION WITH THE USE OF
OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY
EXTERNAL SITES LINKED FROM THE SITE.
INDEMNIFICATION
Upon a request by MTS Marketing
Inc., you agree to defend, indemnify, and hold harmless MTS Marketing Inc.
and its parent and other affiliated companies, and their employees,
contractors, officers, and directors from all liabilities, claims, and
expenses, including attorney's fees, that arise from your misuse of this
Site in a manner not in strict conformance with these Terms of Use. MTS
Marketing Inc. reserves the right, at it own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with MTS
Marketing Inc. in asserting any available defenses.
INTERNATIONAL USE
MTS Marketing Inc. makes no
representation that Content on this Site is appropriate or available for
use in locations outside the United States, and accessing it from
territories where the Content is illegal is prohibited. Those who choose
to access this Site from other locations do so on their own initiative and
are responsible for compliance with local laws.
CHOICE OF LAW AND FORUM
These Terms of Use shall be
governed by and construed in accordance with the laws of Nevada, excluding
its conflicts of law rules. You expressly agree that the exclusive
jurisdiction for any claim or action arising out of or relating to these
Terms of Use or your use of this Site shall be filed only in the state or
federal courts located in Nevada, and you further agree and submit to the
exercise of personal jurisdiction of such courts for the purpose of
litigating any such claim or action.
SEVERABILITY AND INTEGRATION
Unless otherwise specified
herein, this agreement constitutes the entire agreement between you and
MTS Marketing Inc. with respect to this Site and supersedes all prior or
contemporaneous communications and proposals (whether oral, written, or
electronic) between you and MTS Marketing Inc. with respect to this Site.
If any part of these Terms of Use 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.
EARNINGS & INCOME
DISCLAIMERS
ANY EARNINGS OR INCOME STATEMENTS, OR EARNINGS OR INCOME EXAMPLES, ARE
ONLY ESTIMATES OF WHAT WE THINK YOU COULD EARN. THERE IS NO ASSURANCE
YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES, YOU MUST ACCEPT THE RISK
OF NOT DOING AS WELL.
WHERE SPECIFIC INCOME FIGURES ARE USED, AND ATTRIBUTED TO AN INDIVIDUAL OR
BUSINESS, THOSE PERSONS OR BUSINESS HAVE EARNED THAT AMOUNT. THERE IS NO
ASSURANCE YOU'LL DO AS WELL. IF YOU RELY UPON OUR FIGURES; YOU MUST ACCEPT
THE RISK OF NOT DOING AS WELL
ANY AND ALL CLAIMS OR REPRESENTATIONS, AS TO INCOME EARNINGS ON THIS
WEBSITE, ARE NOT TO BE CONSIDERED AS AVERAGE EARNINGS.
THERE CAN BE NO ASSURANCE THAT ANY PRIOR SUCCESSES, OR PAST RESULTS, AS TO
INCOME EARNINGS, CAN BE USED AS AN INDICATION OF YOUR FUTURE SUCCESS OR
RESULTS.
MONETARY AND INCOME RESULTS ARE BASED ON MANY FACTORS. WE HAVE NO WAY OF
KNOWING HOW WELL THAT YOU WILL DO, AS WE DO NOT KNOW YOU, YOUR BACKGROUND,
YOUR WORK ETHIC, OR YOUR BUSINESS SKILLS OR PRACTICES. THEREFORE WE DO NOT
GUARANTEE OR IMPLY THAT YOU WILL WIN ANY INCENTIVES OR PRIZES THAT MAY BE
OFFERED, GET RICH, THAT YOU WILL DO AS WELL, OR MAKE ANY MONEY AT ALL.
THERE IS NO ASSURANCE THAT YOU WILL DO AS WELL. IF YOU RELY ON OUR
FIGURES; YOU MUST ACCEPT THE RISK OF NOT DOING AS WELL.
INTERNET BUSINESS AND EARNINGS DERIVED THERE FROM, HAVE UNKNOWN RISKS
INVOLVED, AND ARE NOT SUITABLE FOR EVERYONE. MAKING DECISIONS BASED ON ANY
INFORMATION PRESENTED IN OUR PRODUCTS, SERVICES, OR WEBSITE, SHOULD BE
DONE ONLY WITH THE KNOWLEDGE THAT YOU COULD EXPERIENCE SIGNIFICANT LOSSES,
OR MAKE NO MONEY AT ALL.
ALL PRODUCTS AND SERVICES BY OUR COMPANY ARE FOR EDUCATIONAL AND
INFORMATIONAL PURPOSES ONLY. USE CAUTION AND SEEK THE ADVICE OF QUALIFIED
PROFESSIONALS. CHECK WITH YOUR ACCOUNTANT, LAWYER, OR PROFESSIONAL
ADVISOR, BEFORE ACTING ON THIS OR ANY INFORMATION.
USERS OF OUR PRODUCTS, SERVICES AND WEBSITE ARE ADVISED TO DO THEIR OWN
DUE DILIGENCE WHEN IT COMES TO MAKING BUSINESS DECISIONS AND ALL
INFORMATION, PRODUCTS, AND SERVICES THAT HAVE BEEN PROVIDED SHOULD BE
INDEPENDENTLY VERIFIED BY OUR OWN QUALIFIED PROFESSIONALS. OUR
INFORMATION, PRODUCTS, AND SERVICES ON THIS WEBSITE SHOULD BE CAREFULLY
CONSIDERED AND EVALUATED, BEFORE REACHING A BUSINESS DECISION, ON WHETHER
TO RELY ON THEM. ALL DISCLOSURES AND DISCLAIMERS MADE HEREIN ON OUR SITE,
APPLY EQUALLY TO ANY OFFERS, PRIZES, OR INCENTIVES, THAT MAY BE MADE BY
OUR COMPANY.
YOU AGREE THAT OUR COMPANY IS NOT RESPONSIBLE FOR THE SUCCESS OR FAILURE
OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED BY OUR
COMPANY, OR COMPANY, PRODUCTS OR SERVICES.
THERE ARE NO REQUIRED PRODUCT
PURCHASES TO PARTICIPATE IN THIS PROGRAM.
TERMINATION
MTS Marketing Inc. reserves the
right, in its sole discretion, to terminate your access to all or part of
this Site, with or without notice. |