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| Terms of Use |
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| Acceptance
Of |
| Contract
Terms |
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The
following are terms of a legal agreement
between you and MPD ("MPD"). By
accessing, browsing and/or using this site
("Site"), you acknowledge that
you have read, understood, and agree, to
be bound by these terms and to comply with
all applicable laws and regulations, including
U.S. export and re-export control laws and
regulations. If you do not agree to these
terms, do not use this Site.
The
material provided on this Site is protected
by law, including, but not limited to, United
States Copyright Law and international treaties.
This Site is controlled and operated by
MPD from its offices within the United States.
MPD makes no representation that materials
in the Site are appropriate or available
for use in other locations, and access to
them from territories where their contents
are 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 applicable local laws.
MPD has no duty to update this Site or the
materials on this Site and MPD shall not
be liable for any failure to update the
Site or such materials.
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Content
included on or comprising the Site, including
information, data, software, photographs, graphs,
videos, typefaces, graphics, music, sounds and
other material (collectively "Content")
are protected by copyrights, trademarks, trade
dress, patent or other proprietary rights, and
these rights are valid and protected in all forms,
media and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective
work under the U.S. and international copyright
laws, and MPD owns, to the fullest extent allowed
by such laws, the copyright in the selection,
coordination, arrangement, and enhancement of
such Content. Except as expressly authorized or
licensed, and with prior written permission of
MPD or the applicable copyright owner, you may
not copy, modify, remove, delete, augment, add
to, publish, transmit, participate in the transfer
or sale, lease or rental of, create derivative
works from or in any way exploit any of the Content,
in whole or in part. The MPD logos and other trademarks
on the site are the property of their respective
owners and are owned by, licensed to, or, where
required, used with permission by MPD and may
not be reproduced, copied, or manipulated in any
manner without the express, written approval of
the trademark owner.
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| Use
Restrictions |
You
are solely responsible for maintaining the secrecy
of your passwords. Fulfillment of all web-based
orders purchased on account is contingent upon
possession of a sufficient credit limit with MPD.
You
may only download material displayed on the Site
for non-commercial, personal use provided you
also retain all copyright, trademark and other
proprietary notices contained in the material,
do not modify or alter the material and do not
copy or post the material on any network computer
or broadcast the material in any media. This permission
terminates automatically if you breach any of
these terms or conditions. Upon termination, you
must immediately destroy any downloaded and printed
materials. It is strictly prohibited to modify,
transmit, distribute, reuse, repost, Aframe@ or
use the content of the Site including the text,
images, audio and/or video for public or commercial
purposes without written permission from an authorized
representative of MPD. You also may not, without
MPD's permission, "mirror" any material
contained on this Site on any other server. Any
unauthorized use of any material contained on
this Site may violate copyright laws, trademark
laws, the laws of privacy and publicity, and communications
regulations and statutes. You agree not to reverse
engineer, hack, "spam," block, disrupt,
or otherwise change or alter the Site, and to
do so may subject you to legal liability. MPD
will, in its sole discretion, take all appropriate
legal action and recourse for violations hereof.
Tampering with the Site, misrepresenting the identity
of a user, using buying agents or conducting fraudulent
activities on the site are prohibited.
You
may not utilize "software robots," "robots,"
"spiders," "web crawlers"
or utilize computer programs that recursively
query the Site over the Internet in order to obtain
information from the Site without prior written
permission from MPD.
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Organization
/Corporate Users |
Organization/Corporate
users of the Site are responsible for their employees,
directors, officers, and agents as users of this
Site, and are specifically responsible and liable
for any and all damages created thereby, and for
notifying MPD of the termination of said user's
authorization to use this Site. Organization/Corporate
users are also responsible and liable to pay for
all goods and services purchased through use of
this Site. If you purchase products through this
site and issue a purchase order, your purchase orders
will be accepted by MPD for accounting convenience
only. No terms or conditions contained in any purchase
order shall amend this Agreement or the information
you have submitted to MPD via your online order,
or shall otherwise constitute an agreement between
the parties. |
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| Disclaimers
and Limitation of Liability |
THE
SITE IS PROVIDED ON AN "AS IS," "AS
AVAILABLE" BASIS. NEITHER MPD NOR ITS AFFILIATES,
SUBSIDIARIES, OR DESIGNEES NOR EACH OF THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY
CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS,
MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY,
"ASSOCIATES") WARRANT THAT USE OF THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER
MPD NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY
OR COMPLETENESS OF THE CONTENT PROVIDED ON THE
SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE
ON THE SITE. FURTHER, MPD MAKES NO REPRESENTATION
THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE
OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF
THE UNITED STATES. MPD SPECIFICALLY DISCLAIMS
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT,
RELATED TO THIS SITE AND ANY MATERIALS, DATA OR
INFORMATION CONTAINED ON THIS SITE.. NO ORAL ADVICE
OR WRITTEN INFORMATION GIVEN BY MPD, NOR ITS ASSOCIATES,
SHALL CREATE A WARRANTY. YOU EXPRESSLY AGREE THAT
USE OF THE SITE IS AT YOUR SOLE RISK.UNDER NO
CIRCUMSTANCES SHALL MPD OR ITS ASSOCIATES BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF OR INABILITY TO USE THE SITE, INCLUDING
BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION
OBTAINED AT THE SITE, OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR
EMAIL, ERRORS, DEFECTS, VIRUSES, INCLUDING, WITHOUT
LIMITATION, COMPUTER "VIRUSES", "WORMS",
"BUGS", DELAYS IN OPERATION OR TRANSMISSION,
OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MPD
RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION
OF LIABILITY SHALL APPLY WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
EVEN IF AN AUTHORIZED REPRESENTATIVE OF MPD HAS
BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE
POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES
THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT,
MERCHANDISE AND SERVICES AVAILABLE THROUGH THE
SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Any
material, information or idea you transmit to
or post on this Site by any means will be treated
as non-confidential and non-proprietary, and may
be disseminated or used by MPD or its affiliates
for any purpose whatsoever, including, but not
limited to, developing, manufacturing and marketing
products. Notwithstanding the foregoing, all personal
data provided to MPD will be handled in accordance
with MPD's Online Privacy Practices. You are prohibited
from posting or transmitting to or from this Site
any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic,
or profane material, or any other material that
could give rise to any civil or criminal liability
under the law.
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| Terms
of Use Revisions |
MPD
may at any time revise these Terms of Use by updating
this posting. By using this Site, you agree to be
bound by any such revisions and should agree to
regularly visit this page to determine the then
current Terms of Use to which you are bound. |
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| Applicable
Law |
The
Site is created, operated and controlled by MPD
in the State of Florida, United States of America.
As such, the laws of the State of Florida will govern
these Terms of Service without giving effect to
any principles or conflicts of laws. We reserve
the right to make changes to the Site and these
Terms of Service at any time by updating this posting.
By using the Site, you agree to be bound by any
such revisions and should therefore periodically
visit this page to determine the then current Terms
of Service to which you are bound. |
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| Links
to Third-Party Web Sites |
The
Site contains links to other sites. The links
are meant to enable access to publicly available
information to those who are allowed to the Site
only. MPD makes no representations whatsoever
about any other Web site which you may access
through the Site. When you leave the Site, please
understand that MPD has no control over the content
on that Web site. In addition, a link to a non-MPD
Web site does not imply and does not constitute
sponsorship, endorsement, approval or responsibility
for the content, or the use of such third-party
Web site. MPD makes no representation or warranty
as to any third-party products or services. No
rights to use or copy the information on this
or the third-party site are granted or implied.
These
Terms of Service represent the entire agreement
between you and MPD regarding your relationship
with MPD and supercede any prior statements or
representations. By using the Site YOU AGREE TO
BE BOUND BY THE TERMS OF SERVICE. If you are dissatisfied
with the Site or any content on the Site or with
these Terms of Service, your sole and exclusive
remedy is to discontinue using the Site.
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Copyright
© 2001-2002 MPD. All rights reserved. |
Placed Live on Site 4/22/2002.
HL. |
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