|
|
|
![]()
|
Terms of Use
ELIGIBILITY AND ACCEPTANCE OF TERMS
Welcome to MamboMundo.com! This page states the Terms of Use forming
the agreement under which you may use MamboMundo.com. Please read
this page carefully. If you do not accept these Terms of Use, do not
use this website and service. By using this website, you are
indicating that you are 18 years of age or older, that you have the
full power and right to enter into this Agreement, and that you
agree with and will abide by the terms of this Agreement.
MamboMundo.com (the "A Slice Of Heaven Company") may revise these
Terms of Use at any time by updating this posting without notice to
you. Such revisions are effective to you as a user of this website
immediately upon posting. You should visit this page periodically to
review these Terms of Use, because they are binding on you. The
terms "you" and "user" as used in this Agreement refer to all
individuals and/or entities accessing this website for any reason.
USER CONDUCT - WEBSITE
As a user, you are responsible for your own communications and are
responsible for the consequences of their posting. You must not do
the following things INTENTIONALLY OR OTHERWISE: post private
information in the free text areas of your profile or email
correspondence which are publicly viewable by users, such as, but
not limited to the following areas of MamboMundo.com: "About Me,"
"I'm Looking For," "The most important thing in my life is" and "How
I Spend My Free Time;" use your real name or a variation of your
name as your Online Name; post material that is copyrighted, unless
you are the copyright owner or have the permission of the copyright
owner to post it; post material that reveals trade secrets, unless
you own them or have the permission of the owner to do so; post
material that infringes on any other intellectual property rights of
others or on the privacy or publicity rights of others; post
material that is considered by the Company, in its sole judgment, to
be obscene, indecent, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another user or any other person or
entity; post a sexually-explicit image or statement; post
advertisements or solicitations of business; post chain letters,
multi-level marketing programs or pyramid schemes; or impersonate
another person.
The Company does not represent or guarantee the truthfulness,
accuracy, timeliness or reliability of communications posted by
users and does not endorse any opinions which may be expressed by
any user. You understand and agree that any reliance on material
posted by other users will be at your own risk.
The Company does not regularly review the website and assumes no
obligation to do so, nor does it have the ability to screen postings
or other communications in advance. You acknowledge and agree that
the Company is not responsible or obligated to screen or monitor
material posted by users, and will not be liable or responsible to
any user for performance or nonperformance of such activities. If
notified by a user of any communication which allegedly does not
conform to this Agreement, the Company may in its discretion
investigate the allegation and may thereafter determine in its sole
discretion whether to remove or request the removal of the
communication. You acknowledge and agree that the Company reserves
the right to expel users and prevent their further access to the
website for violating this agreement or any applicable law, and may
remove communications which are considered to be, in the Company's
sole judgment, unlawful, harmful, threatening, abusive, obscene,
indecent, libelous, disruptive, hateful, infringing, or racially,
ethnically or otherwise objectionable.
By submitting content to any public area of the website (which
includes, but is not limited to, your profile, message boards,
forums, contests and chat rooms), your content will be considered
"Public Information" and will not be subject to the privacy
protections afforded your Private Information, as defined in this
Agreement. You also grant the Company, its affiliates, successors
and assigns, the royalty-free, worldwide, perpetual, irrevocable,
non-exclusive right (including any moral rights) and license to use,
reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, communicate to the public, perform or
display such content (in whole or in part) and/or to incorporate it
in other works in any form, media, or technology now known or later
developed, for so long as any rights exist in such content. You also
warrant that the holder of any rights, including moral rights, in
such content, has completely and effectively waived all such rights
and validly and irrevocably granted to you the right to grant the
license set forth in this Agreement. You also permit any user to
access, display, view, store and reproduce such content for the
user's personal use. Subject to all of the foregoing, the owner of
such content placed on the website retains any and all rights that
may exist in such content.
USER CONDUCT - MamboMundo.com/Personals
As a registered user or participant in a MamboMundo.com/Personals or
any other MamboMundo.com event, you are responsible for your own
communications and are responsible for the consequences of your
conduct. MamboMundo.com reserves the right, in its sole discretion,
to restrict registration to future events if we, or our sponsors,
receive reports of inappropriate conduct by anyone attending the
events and the events of our sponsors. Individuals must not engage
in any conduct that may be inappropriate or which may be perceived
as inappropriate by others.
MamboMundo.com/Personals
offers singles a place to meet in a comfortable setting but is not a
matchmaking service or event and does not, in any way, guarantee the
type of people who will attend the events. Participants and
registrants understand that MamboMundo.com/Personals
does not perform background checks and does not screen or verify
marital status or personal information of event participants. By
registering, you agree that the Company and its sponsors are not
responsible for damages that may occur during or after an event or
at future meetings between individuals who meet at an event. By
registering or attending a MamboMundo.com/Personals
or any other MamboMundo.com event, you agree to indemnify and hold
harmless MamboMundo.com, its sponsors, affiliates, subsidiaries,
officers, employees, event locations, agents and other partners from
any claim or liability.
MamboMundo.com/Personals
events are produced, coordinated and sponsored by other companies.
You hereby understand and acknowledge that by registering to
participate in a Personals
event, in order to conduct the event, your first and last name will
be shared with the company responsible for producing, coordinating
and sponsoring the event.
MamboMundo.com/Personals
events may be photographed. By attending and participating in a
MamboMundo.com/Personals
event, you agree to the taking of your photograph and further
acknowledge and agree to the possible future use of your photograph
on this website or in other promotional materials for the website or
future events.
ACCOUNT REGISTRATION AND PASSWORD
You agree and acknowledge that you are responsible for maintaining
the confidentiality of your Information, as defined in this
Agreement, and password created upon registration on the website.
You will be fully responsible for all uses of your registration and
for any activity that occurs under your password or account, whether
or not authorized by you. You agree to immediately notify the
Company of any unauthorized use of your registration or password.
The Company will investigate possible violations, and take whatever
action, in its sole judgment, it deems appropriate.
COPYRIGHT, TRADEMARK, AND PROPRIETARY RIGHTS
The contents of this website, including all text, graphics, images
and other material ("Material"), are protected by copyright under
common law, by the laws of the United States and by foreign laws.
Unauthorized use of the Material may violate copyright, trademark,
and other laws.
You agree and acknowledge that the Company authorizes you to view
and download a single copy of the Material on the website solely for
your personal, noncommercial use, provided that you shall not, nor
will you allow any third party whether or not for your benefit to,
copy or adapt the object code of the website's software, HTML,
JavaScript, or otherwise, or reverse engineer, reverse assemble or
otherwise attempt to discover any source code that the Company
creates to generate its pages on the website. You acknowledge and
agree that downloading of any object code or software by website
users in restricted countries is prohibited.
You acknowledge and agree to retain all copyright and other
proprietary notices contained in the original Material on any copy
you may make of the Material. You acknowledge and agree that you
will not sell, lease, exchange, or modify the Material or reproduce,
create derivative works, display, publicly perform, distribute,
retransmit or otherwise use the Material in any way for any public
or commercial purpose. The use of the Material on any other website
or in a networked computer environment for any purpose is
prohibited.
Without the prior written permission of MamboMundo.com, you agree
not to display, or to use in any manner, the Company's trademarks,
including without limitation, MamboMundo.com.
Notwithstanding any statement to the contrary in this agreement, you
will not use or attempt to use, and shall cause each other party
under your control not to use or attempt to use, any engine,
software, tool, agent or other device or mechanism (including
without limitation browsers, spiders, avatars or intelligent agents)
to navigate or search the web site other than (a) the search engine
and search agents available from MamboMundo.com on the website and
(b) generally available third party web browsers (e.g., Netscape
Navigator or Microsoft Explorer) or (c) a robot indexing the site
for the purpose of adding content to a public search engine, as
allowed by the robots.txt.
PRIVACY POLICY
When you register on the website as a user, you will be asked to
provide the Company with certain accurate and complete personal
identifiable information including, without limitation, a valid
email address (your "Information"). This Information is subject to
our privacy policy, which is incorporated by reference into this
Agreement. For more information, see our full privacy policy
statement
Privacy Policy.You agree
that the Company may save and archive any content of any nature
posted to the website, and that the Company may, without liability
to any user, disclose such content if required to do so by law or to
comply with legal processes; to respond to claims that any of the
content violates the property, privacy, publicity or other rights of
others; to protect the rights, property or safety of the Company,
its employees, users and members of the public; or in assisting a
criminal investigation by law enforcement officials.
MODIFICATION, SUSPENSION OR DISCONTINUANCE
The Company reserves the right at any time to modify or discontinue
the service (or any part thereof) offered on the website, on a
temporary or permanent basis, with or without notice. You
acknowledge and agree that the Company will not be liable to you or
to any third party for any such modification, suspension or
discontinuance of the service offered by the website. Adjustments or
refunds in any subscriber fees or charges will be made as deemed
appropriate by the Company in good faith.
SECURITY
The Database is only to be accessed by Members of the website. A
Member is defined as one unique user with one unique password. If
you are found to share passwords with any user, we will terminate
your account immediately without notice and no refunds of any
subscription fees or charges paid to date will be provided.
Violations of system or network security, including those set forth
below in Specific Prohibited Uses, may result in civil or criminal
liability. The Company will investigate possible violations of
system or network security and may involve, and cooperate with, law
enforcement authorities in prosecuting users who are involved in
such violations. The Company will also terminate the membership of
any person that the Company believes, in its sole judgment, to have
violated its security provisions.
SPECIFIC PROHIBITED USES
Adults (18 years and older) seeking to meet each other online may
use the website only for lawful purposes. The Company specifically
prohibits any of the following uses of the website, and you agree
not to use the website for any of such purposes:
1. Posting any incomplete, false, fraudulent or inaccurate
biographical information or general information, which is not your
own information, or impersonating any other person.
2. Posting a profile for anything other than to meet other
individuals online.
3. Sending a message to a user for any reason other than to meet
online.
4. Deleting or revising any content or material posted by any other
person or entity.
5. Accessing data not intended for such user or logging into a
server or account which the user is not authorized to access.
6. Attempting to probe, scan or test the vulnerability of the system
or network or to breach the security or authentication measures of
the website without proper authorization.
7. Attempting to interfere with service to any user, host or
network, including, without limitation, via means of submitting a
virus to the website, overloading, "flooding", "spamming", "mailbombing"
or "crashing" the web site or the server of any user.
8. Sending unsolicited messages, including promotions and/or
advertising of products or services.
9. Posting chain letters, multi-level marketing programs or pyramid
schemes.
10. Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting for any reason.
11. Posting any obscene, indecent, defamatory, threatening,
harassing, tortious, abusive, hateful content, or any content that
is embarrassing to another user or any other person or entity.
12. Posting any sexually-explicit image or statement.
THE COMPANY'S LIABILITY
The Material may contain technical inaccuracies, typographical
errors, and out of date information, including users that may not
remain active. The Company makes no representations about the
accuracy, reliability, completeness, or timeliness of the website or
the Material, and the Company makes no warranty that the website
will meet your requirements. You acknowledge and agree that the use
of the website and the Material is at your own risk. The Company
reserves the right to make changes to the website at any time.
You acknowledge and agree that you are solely responsible for the
form, content and accuracy of any content or other material placed
by you on the website.
DISCLAIMERS
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE
ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER
VIRUSES OR OTHER HARMFUL MECHANISMS. YOUR USE OF THE WEBSITE IS
UNDERTAKEN SOLELY AT YOUR DISCRETION AND OWN RISK. IF YOUR USE OF
THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR
THOSE COSTS.
THE WEBSITE AND THE MATERIAL ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST
EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION OR EXCLUSION ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE, TEXT, VIDEO, GRAPHICS, LINKS AND OTHER DATA. IN
NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST
DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY
TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE
COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, AND SOME OF THE DISCLAIMERS IN THIS AGREEMENT
MAY NOT APPLY TO YOU BY OPERATION OF LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE AGGREGATE
LIABILITY FOR THE COMPANY TO YOU FOR ALL CLAIMS ARISING FROM YOUR
USE OR INABILITY TO USE OF ANY OF THE MATERIALS IS LIMITED TO $1.
LINKS TO OTHER WEBSITES
The website contains links to third party websites and other
resources. You acknowledge and agree that these links are provided
solely as a convenience to you and not as an endorsement by the
Company of the content, advertising or business practices (including
the privacy policies) of such third-party websites. The Company does
not make any representations regarding the content, truthfulness or
accuracy of any content or materials on such third-party websites.
You also acknowledge and agree that the Company will not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with your
use of or reliance on the content, advertising or business practices
of linked third-party sites. If you decide to access and use linked
third-party websites, you agree that you do so at your own risk.
TERMINATION
The Company reserves the right, at its sole discretion, to terminate
your registration at any time, delete any or all of your postings,
or block access to the website and/or any other service provided to
you by the Company. The Company reserves the right to take such
actions, with or without notice, and without any liability to the
account holder or user.
INDEMNITY
You agree to defend, indemnify, and hold harmless the Company, its
sponsors, affiliates, successors and assigns, and their respective
officers, directors, employees and agents, from and against any
claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your use of
the Material or your breach of the terms of this agreement. The
Company will attempt to provide notice to you promptly of any such
claim, suit, or proceeding.
GENERAL INFORMATION
The Company makes no claims that the Materials may be lawfully
viewed or downloaded outside of the United States. Access to the
Materials may not be legal by certain persons or in certain
countries. If you access the website from outside of the United
States, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction. This Agreement is
governed by the internal substantive laws of the State of New York,
without respect to its conflict of laws provisions. Jurisdiction for
any claims arising under this Agreement shall lie exclusively with
the state or federal courts within New York. If any provision of
this Agreement is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of this Agreement, which shall
remain in full force and effect. No waiver of any term of this
Agreement shall be deemed a further or continuing waiver of such
term or any other term. Except as expressly provided in a particular
"Legal Notice," or Software License or material on particular web
pages, this Agreement constitutes the entire agreement between you
and the Company with respect to the use of website. No changes to
these Terms of Use shall be made except by a revised posting on this
page, and no advice or other information provided by the Company or
its representatives to any user in any manner which is not posted on
this page will constitute any amendment of or change to this
Agreement.
The section titles in these Terms of Use are for convenience only
and do not have any legal or contractual effect.
|
| |