MCEC Terms of Use Agreement for MCECnetwork.com
Mcecnetwork.com is a social networking service that allows members to create unique
personal profiles online in order to find and communicate with old and new friends.
The service is operated by Melero Computer Entertainment Corporation, ("MCEC"). By using
the Mcecnetwork.com Website (the "Website") you agree to be bound by these Terms of
Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish
to become a Member, communicate with other Members and make use of the Mcecnetwork.com
services (the "Service"), please read this Agreement and indicate your acceptance by
following the instructions in the Registration process.
This Agreement sets out the legally binding terms for your use of the Website
and your Membership in the Service. MCEC may modify this Agreement from
time to time and such modification shall be effective upon posting by
MCEC on the Website. You agree to be bound to any changes to this
Agreement when you use the Service after any such modification is posted. This
Agreement includes MCEC's policy for acceptable use and content posted
on the Website, your rights, obligations and restrictions regarding your use of
the Website and the Service. You may also receive a copy of this Agreement by emailing
us at: privacy@mcecnetwork.com,
Subject: Terms of Use Agreement.
Please choose carefully the information you post on http://www.mcecnetwork.com and that you
provide to other Members. Your Mcecnetwork.com profile may not include the following items:
telephone numbers, street addresses, last names, and any photographs posted by you may not contain
nudity or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable
subject matter. Information provided by other Mcecnetwork.com Members (for
instance, in their Profile) may contain inaccurate, inappropriate or offensive
material, products or services and MCEC assumes no responsibility or
liability for this material.
MCEC reserves the right, in its sole discretion, to reject, refuse to
post or remove any posting (including email) by you, or to restrict, suspend,
or terminate your access to all or any part of the Website and/or Services at
any time, for any or no reason, with or without prior notice, and without liability.
By participating in any offline Mcecnetwork.com event, you agree to release and
hold MCEC harmless from any and all losses, damages, rights, claims, and
actions of any kind including, without limitation, personal injuries, death,
and property damage, either directly or indirectly related to or arising from
your participation in any such offline Mcecnetwork.com event.
- Eligibility. Membership
in the Service is void where prohibited. By using the Website and the Service,
you represent and warrant that all registration information you submit is
truthful and accurate and that you agree to maintain the accuracy of such
information. You further represent and warrant that you are 14 years of age or
older and that your use of Mcecnetwork.com shall not violate any applicable law
or regulation. Your profile may be deleted without warning, if it is found that
you are misrepresenting your age. Your Membership is solely for your personal use, and you shall
not authorize others to use your account, including your profile or email
address. You are solely responsible for all Content published or displayed
through your account, including any email messages, and for your interactions
with other members.
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Term/Fees. This
Agreement shall remain in full force and effect while you use the Website, the
Service, and/or are a Member. You may terminate your membership at any time,
for any reason by following the instructions on the
account cancelation page. MCEC may terminate your membership for any reason, effective upon
sending notice to you at the email address you provide in your Membership
application or such other email address as you may subsequently provide to
MCEC. If MCEC terminates your Membership in the Service because
you have breached the Agreement, you shall not be entitled to the refund of any
unused portion of subscription fees. Even after membership is terminated, this
Agreement will remain in effect.
MCEC Terms of Use and/or subscription fees that were provided to you
at registration may change from time to time. By using the Service and by
becoming a Member, you acknowledge that MCEC reserves the right to
charge for the Service and has the right to terminate a Member's Membership
should Member breach this Agreement or fail to pay for the Service, as required
by this Agreement.
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Non Commercial Use by
Members. The Website is for the personal use of Members only and may not be
used in connection with any commercial endeavors except those that are
specifically endorsed or approved by the management of
Mcecnetwork.com. Illegal and/or unauthorized use of the Website, including
collecting usernames and/or email addresses of Members by electronic or other
means for the purpose of sending unsolicited email or unauthorized framing of
or linking to the Website will be investigated. Commercial advertisements,
affiliate links, and other forms of solicitation may be removed from member
profiles without notice and may result in termination of membership privileges.
Appropriate legal action will be taken by MCEC for any illegal or
unauthorized use of the Website.
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Proprietary Rights in
Content on Mcecnetwork.com. MCEC owns and retains all proprietary rights in
the Website and the Service. The Website contains copyrighted material,
trademarks, and other proprietary information of MCEC and its licensors.
Except for that information which is in the public domain or for which you have
been given written permission, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information.
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Content Posted on the
Site. a. You understand and agree that MCEC may review and delete any
content, messages, text, files, images, Mcecnetwork.com Messenger messages,
photos, videos, sounds, profiles, works of authorship, or any other materials
(collectively, "Content") that in the sole judgment of MCEC violate this
Agreement or which may be offensive, illegal or violate the rights, harm, or
threaten the safety of any Member. b. You are solely responsible for the
Content that you publish or display (hereinafter, "post") on the Service or any
material or information that you transmit to other Members. c. By posting any
Content to the public areas of the Website, you hereby grant to MCEC the
non-exclusive, fully paid, worldwide license to use, publicly perform, publicly display, modify, and translate
such Content on the Website. This license will terminate at the time you remove
such Content from the Website. You represent and warrant that: (i) you own the
Content posted by you on the Website or otherwise have the right to grant the license
set forth in this section, and (ii) your Content does not violate the privacy rights,
publicity rights, copyright rights, intellectual property rights, or any other rights of any
person, and (iii) the posting of your Content on the Website does not result in a breach
of any contract between you and a third party. You agree to pay for all royalties,
fees and any other monies owing any person by reason of
any Content you post on the Website. d. The following is a partial list of
the kind of Content that is illegal or prohibited on the Website. MCEC
reserves the right to investigate and take appropriate legal action in its sole
discretion against anyone who violates this provision, including without
limitation, removing the offending communication from the Service and
terminating the membership of such violators. Prohibited Content includes Content that: i.
is obscene, patently offensive, or promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual; ii. harasses or
advocates harassment of another person; iii. involves the transmission of "junk
mail", "chain letters," or unsolicited mass mailing or "spamming"; iv. promotes
information that you know is false or misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous; v.
promotes an illegal or unauthorized copy of another person's copyrighted work,
such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files; vi. contains
restricted or password only access pages or hidden pages or images (those not
linked to or from another accessible page); vii. provides material that
exploits people under the age of 18 in a sexual or violent manner, or solicits
personal information from anyone under 18; viii. provides instructional
information about illegal activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating computer viruses; ix.
solicits passwords or personal identifying information for commercial or
unlawful purposes from other users; or x. involves commercial activities and/or
sales without our prior written consent such as contests, sweepstakes, barter,
advertising, or pyramid schemes; e. You must use the Service in a manner
consistent with any and all applicable laws and regulations. f. You may not
include in your Member profile any telephone numbers, street addresses, last
names, URLs or email addresses. g. You may not engage in advertising to, or
solicitation of, any Member to buy or sell any products or services through the
Service. You may not transmit any chain letters or junk email to other Members.
Although MCEC cannot monitor the conduct of its Members off the Website,
it is also a violation of these rules to use any information obtained from the
Service in order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit, or sell to any Member without their prior
explicit consent. In order to protect our Members from such advertising or
solicitation, MCEC reserves the right to restrict the number of emails
which a Member may send to other Members in any 24-hour period to a number
which MCEC deems appropriate in its sole discretion.
h. You may not cover or obscure the banner advertisements on your personal profile
page, or any MySpace page via HTML/CSS or any other means.
i. Any automated use of the system, such as using scripts to add friends, is
prohibited. j. You may not attempt to impersonate another user or person who is
not a member of Mcecnetwork.com. k. You may not use the account, username, or password of another
Member at any time nor may you disclose your password to any third party or permit
any third party to access your account. l. You may not sell or otherwise transfer
your profile.
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Copyright Policy. You
may not post, distribute, or reproduce in any way any copyrighted material,
trademarks, or other proprietary information without obtaining the prior
written consent of the owner of such proprietary rights. It is the policy of
MCEC to terminate membership privileges of any member who repeatedly
infringes copyright upon prompt notification to MCEC by the
copyright owner or the copyright owner's legal agent. Without limiting
the foregoing, if you believe that your work has been copied and posted on the
Service in a way that constitutes copyright infringement, please provide our
Copyright Agent with the following information: an electronic or physical
signature of the person authorized to act on behalf of the owner of the
copyright interest; a description of the copyrighted work that you claim has
been infringed; a description of where the material that you claim is
infringing is located on the Website; your address, telephone number, and email
address; a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; a
statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. MCEC's Copyright Agent for notice
of claims of copyright infringement can be reached as follows: Copyright Agent,
MCEC 7527 Coors SW Albuqurque, NM 87105
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Disclaimers.
MCEC is not responsible for any incorrect or inaccurate Content posted
on the Website or in connection with the Service provided, whether caused by
users of the Website, Members or by any of the equipment or programming
associated with or utilized in the Service. MCEC is not responsible for
the conduct, whether online or offline, of any user of the Website or Member of
the Service. MCEC assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or
alteration of, any user or Member communication. MCEC is not responsible
for any problems or technical malfunction of any telephone network or lines,
computer online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic congestion
on the Internet or at any Website or combination thereof, including any injury
or damage to users and/or Members or to any person's computer related to or
resulting from participation or downloading materials in connection with the
Website and/or in connection with the Service. Under no circumstances shall
MySpace.com be responsible for any loss or damage, including personal injury or
death, resulting from use of the Website or the Service or from any Content
posted on the Website or transmitted to Members, or any interactions between
users of the Website, whether online or offline. The Website and the Service
are provided "AS-IS" and MCEC expressly disclaims any warranty of
fitness for a particular purpose or non-infringement. MCEC cannot
guarantee and does not promise any specific results from use of the Website
and/or the Service.
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Limitation on
Liability. IN NO EVENT SHALL MCEC BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR
THE SERVICE, EVEN IF MCEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
MCEC's LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE
FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU
TO MCEC FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
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Disputes. (i)If there is
any dispute about or involving the Website and/or the Service, by using the
Website, you agree that any dispute shall be governed by the laws of the State
of New Mexico without regard to conflict of law provisions and you agree to
personal jurisdiction by and venue in the state and federal courts of the State
of New Mexico, City of Albuquerque. (ii)You
are solely responsible for your interactions with other Mcecnetwork.com Members.
MCEC reserves the right, but has no obligation, to monitor
disputes between you and other Members.
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Indemnity. You agree to
indemnify and hold MCEC, its subsidiaries, affiliates, officers, agents,
and other partners and employees, harmless from any loss, liability, claim, or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Service in violation of this Agreement and/or
arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above.
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Other. This Agreement
is accepted upon your use of the Website and is further affirmed by you
becoming a Member of the Service. This Agreement constitutes the entire
agreement between you and MCEC regarding the use of the Website and/or
the Service. The failure of MCEC to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement are for convenience only and
have no legal or contractual effect. Please contact us with any questions
regarding this Agreement. Mcecnetwork.com and The Mexican Community is a trademark of MCEC. I
HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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