TERMS OF SERVICE
Welcome to the Internet Sites of
M.O. Productions ("MOPRODS"), Los Angeles County Fictitious Name Statement Filing #00 0690003 (5/5/00-5/5/05).
PLEASE READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS
MOPRODS SITE. By using the MOPRODS Site, you signify your agreement to these terms
We reserve the right, at our discretion, to change, modify, add, or remove portions
of these terms at any time. Please check these terms periodically for changes.
Your continued use of this MOPRODSS Site following the posting of changes to these
terms will mean you accept those changes.
We are pleased to hear from our users and welcome your comments regarding our product
s and services. If, you send certain specific submissions
(e.g., postings to chat, boards, or contests) or you send us
creative suggestions, ideas, notes, drawings, concepts, or other information
(collectively, the "Submissions"), the Submissions shall be deemed, and
shall remain, our property. None of the Submissions shall be subject to
any obligation of confidence on our part and we shall not be liable for
any use or disclosure of any Submissions. Without limitation of the foregoing,
we shall exclusively own all now known or hereafter existing rights to the
Submissions of every kind and nature throughout the universe and shall be
entitled to unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of the Submissions.
FORUMS AND PUBLIC COMMUNICATION
"Forum" means a chat area, message board, or e-mail function offered as part
of any MOPRODS Site. If you participate in any Forum within a MOPRODS Site,
you must not:
- defame, abuse, harass or threaten others;
- make any bigoted, hateful or racially offensive
- advocate illegal activity or discuss illegal
activities with the intent to commit them;
- post or distribute any material that infringes and/or
violates any right of a third party or any law;
- post or distribute any vulgar, obscene, discourteous or
indecent language or images;
- advertise or sell to, or solicit others;
- use the Forum for commercial purposes of any kind;
- post or distribute any software or other materials which
contain a virus or other harmful component; or
- post material or make statements that do
not generally pertain to the designated topic or theme of any
chat room or bulletin board.
It is our policy to respect the privacy of all customers.
we will not monitor, edit, or disclose the contents of a customer's e-mail unless (
a) you authorize us to do so, (b) we must do so in order to resolve technical
problems on any MOPRODS Site; or (c) unless required to do so by law or in the
good-faith belief that such action is necessary to: (1) comply with the law or
comply with legal process served on us; (2) protect and defend our rights or
property; or (3) act in an emergency to protect the safety of our customers or
the public. Customers shall remain solely responsible for the content of their
We reserve the right to remove or edit content from any Forum
at any time and for any reason.
By uploading materials to any Forum or submitting any materials to us, you
automatically grant (or warrant that the owner of such materials expressly
granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate, publicly perform
and display, create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology now known or
later developed throughout the universe. In addition, you warrant that all
so-called "moral rights" in those materials have been waived.
When participating in a Forum, never assume that people are who
the say they are, know what they say they know, or are affiliated with whom they
say they are affiliated with in any chat room, message board, or other user
generated content area. Information obtained in a Forum may not be reliable,
and it is not a good idea to trade or make any investment decisions based
solely or largely on information you cannot confirm. We cannot be responsible
for the content or accuracy of any information, and shall not be responsible
for any trading or investment decisions made based on such information.
CONTENT LINKED TO ANY MOPRODS SITE
Please exercise discretion while browsing the Internet using any MOPRODS Site.
You should be aware that when you are on a MOPRODS Site,
you could be directed to other sites that are beyond our control.
There are links to other sites from MOPRODS pages that take you outside
of our service. For example, if you "click" on a banner advertisement
or a search result, the "click" may take you off the MOPRODS Site.
This includes links from advertisers, sponsors, and content partners
that may use our logo(s) as part of a co-branding agreement.
These other sites may send their own cookies to users, collect data,
solicit personal information, or contain information that you may find
inappropriate or offensive. In addition, advertisers on MOPRODS Sites
may send cookies to users that we do not control.
We reserve the right to disable links from third party sites to
any MOPRODS Site.
We make no representations concerning the content of sites
listed in any of our directories. Consequently, we cannot be held responsible
for the accuracy, relevancy, copyright compliance, legality or decency of material
contained in sites listed in our search results or otherwise linked to a MOPRODSS Site.
Please keep in mind that whenever you give out personal
information online --- for example, via message boards or chat --- that information
can be collected and used by people you don't know. While MOPRODS strives to protect
your personal information and privacy, we cannot guarantee the security of any
information you disclose online; you make such disclosures at your own risk.
IN THIS MOPRODS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY
MOPRODS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT ANY MOPRODS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS ON ANY MOPRODS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy,
content, or availability of information found on sites that link to or from a
ny MOPRODS Site. We cannot ensure that you will be satisfied with any products or
services that you purchase from a third-party site that links to or from any
MOPRODS Site or third party content on our sites. We do not endorse any of the
merchandise, nor have we taken any steps to confirm the accuracy or reliability of,
any of the information contained in such third-party sites or content.
We do not make any representations or warranties as to the security of
any information (including, without limitation, credit card and other
personal information) you might be requested to give any third party,
and you hereby irrevocably waive any claim against us with respect to
such sites and third party content. We strongly encourage you to make
whatever investigation you feel necessary or appropriate before proceeding
with any online or offline transaction with any of these third parties.
Search and Directory are free services offered by us.
Because the Web changes constantly, no search engine technology can
possibly have all accessible sites at any given time. Thus, we explicitly
disclaim any responsibility for the content or availability of information
contained in our search index or directories.
MOPRODS takes the issue of your privacy seriously.
We provide your credit card number, billing and shipping information to
participating merchants from whom you buy goods or services.
The merchants are solely responsible for how they use that
information and any other information they independently
acquire from you or about you. Otherwise, we do not share
your credit card information with anyone else.
To protect the security of your credit card information,
we employ the industry-standard Secure Sockets Layer (SSL) technology.
We also encrypt your credit card number when we store your order and
whenever we transfer that information to participating merchants.
Some services offered on MOPRODS Sites are subscription based
services. If you open a subscription based account with any of our sites,
you hereby agree to pay all charges to your account, including applicable taxes,
in accordance with billing terms in effect at the time the fee or charge becomes
payable. We reserve the right to change the amount of, or basis for determining,
any fees or charges for services we provide, and to institute new fees, charges
or terms effective upon prior notice to customers. We reserve the right to terminate
any account at any time for any reason.
You are entirely responsible for
maintaining the confidentiality of your password and account and for all activities
that occur under your account. You hereby indemnify, defend and hold us and our
affiliates and our officers, directors, owners, agents, information providers,
affiliates, licensors and licensees (collectively, the "Indemnified Parties")
harmless from and against any and all liabilities and costs
(including reasonable attorneys fees) incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of this Agreement or
claims arising from your account. You shall use your best efforts to cooperate
with us in the defense of any claim. We reserve the right, at our own expense,
to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO USE, ANY WDIG SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT
SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION
(WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ANY MOPRODS SITE.
Unless otherwise specified, the materials in any MOPRODS Site are presented solely for the purpose of
entertainment in the United States and its territories, possessions, and protectorates.
We make no representation that materials on any MOPRODS Site are appropriate or
available for use in any particular location. Those who choose to access a MOPRODS
Site do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable.
Software from this site is further subject to United States export controls.
No software from this site may be downloaded or otherwise exported or reexported
(i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Syria, or any other country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated Nationals
or the U.S. Commerce Department's Table of Deny Orders.
By downloading or using the Software, you represent and warrant
that you are not located in, under the control of, or a national or
resident of any such country or on any such list.
These terms are
effective until terminated by either party. You may terminate these terms at
any time by discontinuing use of all MOPRODS Sites and destroying all materials
obtained from any and all such sites and all related documentation and all copies
and installations thereof, whether made under the terms of these terms or otherwise.
Your access to any and all MOPRODS Sites may be terminated immediately without
notice from us if in our sole discretion you fail to comply with any term or
provision of these terms. Upon termination, you must cease use of the MOPRODS
Site and destroy all materials obtained from such site and all copies thereof,
whether made under the terms of these terms or otherwise.
These terms shall be governed by and construed in accordance with the laws
of the State of California, without giving effect to any principles of conflicts
of law. You agree that any action at law or in equity arising out of or relating
to these terms shall be filed only in the state or federal courts located in Los
Angeles County, California and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these terms
and shall not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between us relating to the subject matter herein and
shall not be modified except in writing, signed by both parties.