MEET NOW LIVE TERMS OF SERVICE
4/1/2008
Welcome to the Meet Now Live, Inc. ("Meet Now Live", “MNL”, "We", "Our") mobile device software application (the "MNL App"), Web site, mobile websites and/or any other mobile or web services or applications owned, controlled, or offered by MNL (collectively, the "MNL Service"). Subscribers, customers, users, and others who download, access, use, purchase and/or subscribe to the MNL Services (collectively or individually "You" or "Users") must do so under the following terms and conditions of use.
BEFORE USING ANY MNL SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF SERVICE. BY ACCESSING, BROWSING AND/OR USING THE MNL SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE MNL REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY FUTURE MODIFICATIONS TO THIS TERMS OF SERVICE, AND ALL GUIDELINES (COLLECTIVELY, THE "AGREEMENT"). IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN PLEASE CEASE USING THE MNL SERVICES IMMEDIATELY. THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND MNL. You may receive a copy of this Agreement by emailing us at: INFO@MEETNOWLIVE.COM; Subject: Terms of Service Agreement.
THE MNL SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 14 YEARS OR OLDER. IF YOU ARE 14 OR OLDER BUT UNDER THE AGE OF 18, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT AND YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF THROUGH THE MNL REGISTRATION PROCESS. IF YOU ARE A PARENT OR GUARDIAN ENTERING THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 14, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE MNL SERVICE, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
Important Disclaimers
THE MNL SERVICES ARE INTENDED ONLY AS PERSONAL, LOCATION-BASED SERVICES FOR INDIVIDUAL USE AND SHOULD NOT BE USED OR RELIED ON AS AN EMERGENCY LOCATOR SYSTEM, USED WHILE DRIVING OR OPERATING VEHICLES, OR USED IN CONNECTION WITH ANY HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OR INACCURACY OF THAT APPLICATION OR THE MNL SERVICES COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE. YOU ACKNOWLEDGE AND AGREE THAT MNL HAS OFFERED THE MNL SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MNL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND MNL..
Privacy Notice; Guidelines to Individual Features and Services
MNL’s Privacy Notice is hereby incorporated into this Agreement by reference. Please read this notice carefully for disclosures relating to the collection, use, and disclosure of your personal information and real-time location information.
When using any of the MNL Services, you will be subject to any additional posted guidelines or rules applicable to certain features, which may be posted from time to time (the "Guidelines"). For example, the MNL Services may offer you opportunities to review certain events and venues, display your physical location, post event announcements, send messages to other Users, and to enter contests and sweepstakes. All Guidelines are hereby incorporated by reference into this Agreement.
Modifications of this Agreement
We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement or any Guidelines at any time. Please check this Agreement and all Guidelines periodically for changes. Your continued use of the MNL Services after the posting of any modifications or changes constitutes your binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services provided through one or more of our partners or business associates, and you should refer to those before using such services. For any material changes to this Agreement or any Guidelines, you acknowledge and agree that any such amended or modified terms shall automatically be effective once posted on MNL Services.
Ownership and Proprietary Rights
The MNL Services are owned and operated by MNL. The MNL Software, content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the MNL Services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained in the MNL Services are the property of MNL or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the MNL Services are proprietary to MNL or its affiliates and/or third-party licensors. Except as expressly authorized by MNL, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
Account Information
The MNL Services are not available to persons under the age of 14 or to any Users suspended or removed from the MNL Services by MNL. You agree that the information you provide to MNL upon registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. For example, you should notify MNL if your mobile device number changes. In addition, you are responsible for ensuring compliance with your wireless provider's terms and conditions, and you indemnify MNL for any loss or damage that MNL may suffer as a result of any breach of this requirement by you.
Password
When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password strictly confidential at all times. YOU MUST NOTIFY MNL IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IF YOU BELIEVE THAT YOUR PASSWORD IS NO LONGER CONFIDENTIAL AND KNOWN ONLY TO YOU. We reserve the right to suspend your account and/or require you to alter your password if we believe for any reason that your password is no longer secure. YOU MAY NOT SHARE YOUR MNL ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.
Usage Rules, Prohibited Conduct and Uses
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
(a) use the MNL Services or any location information displayed within the MNL Services to "stalk", harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location or personal information about other;
(b) use the MNL Services if you are under the age of 14 years old;
(c) include offensive or pornographic materials in your MNL Services personal profile page;
(d) use the MNL Services for any commercial or non-private use, it being understood that the MNL Services are for personal, non-commercial use only;
(e) use the MNL Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
(f) make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of the MNL Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
(g) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the MNL Services accounts of other Users;
(h) share MNL-issued passwords or access to your mobile device while MNL is running and accessible with any third party or encourage any other user to do so;
(i) misrepresent the source, identity or content of information transmitted via the MNL Services;
(j) remove, circumvent, disable, damage or otherwise interfere with security-related features of the MNL Services, features that prevent or restrict use or copying of any content accessible through the MNL Services, or features that enforce limitations on use of the MNL Services;
(k) intentionally interfere with or damage operation of the MNL Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
(l) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
(m) post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
(n) use the MNL Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications; or
(o) use the MNL Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of that application or the MNL Services could lead directly to death, personal injury, or severe physical or property damage.
(p) attempt to gain unauthorized access to the MNL Services, or any part of it, other accounts, computer systems or networks connected to the MNL Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the MNL Services or any activities conducted on the MNL Service;
(q) use any robot, spider, scraper or other automated means to access the MNL Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the MNL Services or modify the MNL Services in any manner or form, nor to use modified versions of the MNL Services, including (without limitation) for the purpose of obtaining unauthorized access to the MNL Services; or
(r) sell or transfer or allow another person to access your account password, profile, or MNL Services account.
Usage, Refusal or Suspension of Service
MNL RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER'S REGISTRATION OR INVITE-A-FRIEND ATTEMPTS AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, MNL ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO THE MNL SERVICES AND THE LOCATION INFORMATION OR PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.
You alone are responsible for your involvement with other Users. MNL reserves the right, but has no obligation, to monitor disagreements between you and other Users.
MNL does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you provide to the MNL Services.
PLEASE NOTE: MNL RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.
User Submissions
The MNL Services may now or in the future allow the submission of content and materials (such as pictures, videos, reviews, ratings, ideas, notes, concepts, or creative suggestions) by you and other Users ("User Submissions"), and the hosting, sharing and/or publishing of such User Submissions. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and authorize MNL to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the MNL Services and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the MNL Services and this Agreement. For clarity, you shall retain all of your ownership rights in your User Submissions.
By submitting User Submissions to MNL, you hereby grant MNL a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, publicly perform, publicly display, digitally perform, and otherwise exploit, for any purpose whatsoever, without compensation to you or any other provider, the User Submissions in connection with the MNL Services and MNL's (and its successor's) business, including without limitation for promoting and redistributing part or all of the MNL Services (and derivative works thereof) in any media formats now known or hereafter developed, and through any media channels. You also hereby grant each user of the MNL Services a non-exclusive license to access your User Submissions through the MNL Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the MNL Services and under this Agreement.
You understand that when using the MNL Services you will be exposed to User Submissions from a variety of sources, and that MNL is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MNL with respect thereto, and agree to indemnify and hold MNL, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the MNL Services.
MNL assumes no responsibility whatsoever in connection with or arising from User Submissions. MNL assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time MNL chooses, in its sole discretion, to monitor User Submissions, MNL nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the User submitting User Submissions. Further, MNL does not endorse and has no control over the content of User Submissions submitted by other Users. MNL makes no warranties, express or implied, as to the content of User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, MNL reserves the right to prevent you from submitting User Submissions and to edit, restrict or remove User Submissions for any reason at any time.
Third-Party Sites, Products, Services and Links
The MNL Services may include links to other web sites or services solely as a convenience to Users. MNL does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, MNL makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked sites. Access and use of linked sites, including information, material, products and services on linked sites or available through linked sites is solely at your own risk.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the MNL Services are solely between you and such advertiser. You agree that MNL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the MNL Services.
Parties other than MNL may provide services or sell products via the MNL Services. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their product and service offerings. MNL does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.
In addition, even if MNL handles the billing, payment processing and/or fulfillment for the third-party service or product, some products and services are provided under direct license from the third-party and therefore the use of such products and services are governed by such third-party license terms. In such case, you will be subject to such license terms and agree that any matters relating to your use of such product or service, including any customer support or maintenance, will be between you and such vendor, and MNL will have no liability with respect thereto.
End User Licenses
RESTRICTIONS AND UPGRADES. To use the MNL Software you must have a mobile device that is compatible with the MNL Services. MNL does not warrant that the MNL Services will be compatible with your mobile device.
Restrictions. You may not: (i) modify, disassemble, decompile or reverse engineer the MNL Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the MNL Software to any third party or use the MNL Software to provide time sharing or similar services for any third party; (iii) make any copies of the MNL Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the MNL Software, features that prevent or restrict use or copying of any content accessible through the MNL Software, or features that enforce limitations on use of the MNL Software; or (v) delete the copyright and other proprietary rights notices on the MNL Software.
Software Upgrades. You acknowledge that MNL may from time to time issue upgraded versions of the MNL Software, and may automatically electronically upgrade the version of the MNL Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
(d) Open Source. With respect to any open source or third-party code that may be incorporated in the MNL Software, such open source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
Rights Reserved. The foregoing license grant under this Agreement is not a sale of the MNL Software or any copy thereof and MNL or its third party partners or suppliers retain all right, title, and interest in the MNL Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. MNL reserves all rights not expressly granted under this Agreement.
GOVERNMENT END USERS. If this MNL Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the MNL Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
Violations and Termination
You agree that MNL, in its sole discretion and for any or no reason, may terminate any account or subscription (or any part thereof) you may have with the MNL Services or use of the MNL Services and remove and discard all or any part of your account or any User Submission, at any time. MNL may also in its sole discretion and at any time discontinue providing access to the MNL Services, or any part thereof, with or without notice. You agree that any termination of your access to the MNL Services or any account you may have or portion thereof may be effected without prior notice, and you agree that MNL will not be liable to you or any third-party for any such termination. MNL does not permit copyright infringing activities on the MNL Services, and reserves the right to terminate access to the MNL Services, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies MNL may have at law or in equity.
Disclaimers and No Warranties
THE MNL SERVICES AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MNL SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MNL, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION MNL'S THIRD-PARTY PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
MNL AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION MNL'S THIRD-PARTY PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MNL SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MNL SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MNL, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION MNL'S THIRD-PARTY PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY LOCATION INFORMATION OR THE MNL SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MNL OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE MNL SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MNL SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR AND HOLD MNL HARMLESS FROM ANY PERSONAL INJURY OR ANY OTHER DAMAGES RESULTING FROM MNL’S DISPLAY OF YOUR PERSONAL INFORMATION AND LOCATION INFORMATION OR FROM YOUR USE OF THE MNL SERVICES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnifications and Hold Harmless
You agree to indemnify, defend, and hold MNL, and its affiliated companies, and its suppliers and partners (including, without limitation, MNL's partners), harmless from any claims, suits, actions, losses, costs, damages, and any other liabilities, including attorney's fees, arising out of or related to your use or misuse of any location information, the MNL Services, any violation of the rights of any other person or entity by you, or any breach or violation by you of this Agreement. MNL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. If you use the MNL Services to meet another User in-person or to locate and attend any offline event, then you agree to release and hold MNL harmless from any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injury, death, or property damage, either directly or indirectly related to or arising from your meeting with such other User or attendance or participation in any such offline event.
Limitation of Liability and Damages
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL MNL OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR LOCATION INFORMATION; (B) YOUR USE OR INABILITY TO USE THE MNL SERVICES; (C) THE MNL SERVICES GENERALLY OR THE MNL SOFTWARE OR SYSTEMS THAT MAKE THE MNL SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH MNL OR ANY OTHER USER OF THE MNL SERVICES, EVEN IF MNL OR A MNL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL MNL'S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE MNL SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU FOR ACCESSING THE MNL SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN MNL AND RECEIVED THROUGH OR ADVERTISED ON THE MNL SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE MNL SERVICES.
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 SUCH CASES, YOU AGREE THAT MNL’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Digital Millennium Copyright Act Compliance
It is MNL's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, MNL will promptly terminate without notice the accounts of publishers that are determined by MNL to be "repeat infringers." A repeat infringer is a User who has been notified by MNL of infringing activity violations more than twice and/or who has had a User Submission removed from any MNL Service more than twice. If you are a copyright owner or an agent thereof, and you believe that any content hosted on any MNL Service infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing MNL's Designated Copyright Agent with the following information in writing: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable MNL Service are covered by a single notification, a representative list of such works on the applicable MNL Service; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MNL to locate the material; (iv) Information reasonably sufficient to permit MNL to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").
MNL's designated Copyright Agent to receive notifications of claimed infringement is info@meetnowlive.com For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this, your DMCA notice may not be valid. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Miscellaneous
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Services shall be filed only in the state or federal courts in Delaware and you hereby consent and submit exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.
Severability, Waiver. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
Notices. MNL may provide you with notices, including those regarding changes to this Agreement, by email, regular mail or postings on the MNL Services. Notice will be deemed given twenty-four hours after email is sent, unless MNL is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the MNL Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the MNL Services are deemed given and binding immediately following the posting.
Assignment. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by MNL without restriction.
Survival. Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification hereby survive any termination of this Agreement or any termination of your use of or subscription to the MNL Services.
Headings; Entire Agreement. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement and shall not be deemed to limit or affect any of the provisions hereof. 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, or by a change to this Agreement or Guidelines made by MNL as set forth in above.
Claims. YOU AND MNL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MNL SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Disclosures. The services hereunder are offered by MNL, Inc. located at 165 West End Ave 3J New York, NY 10023.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.








