This is an agreement between the USERS – (MEMBERS) of the MWAH.info website and the OWNERS of the MWAH.info website.
This agreement governs the use of any function or service within the MWAH.info website environment.
The owners of the MWAH.info website only offer such functions and services to its users on condition that they are in full acceptance and accordance – without modification – of this agreement.
Use of the MWAH.info website functions or services constitutes their acceptance of this agreement.
This introduction constitutes an integral part of this MEMBERSHIP TOS CONTRACT – (…also referred-to as ‘The AGREEMENT’).
YOUR COMPLETION of the REGISTRATION protocols and your subsequent registration as a MEMBER with your own personally-allocated and UNIQUE ID, constitute FULL AND COMPLETE ACCEPTANCE of all the Terms and Conditions herein included and implies THE SAME LEGAL LIABILITY AS IF YOU HAD PHYSICALLY SIGNED THIS AGREEMENT IN FRONT OF WITNESSES.
To enter into this Agreement …
Subject to the terms and conditions of this MEMBERSHIP CONTRACT (… also referred-to as the ‘Agreement'), MWAH.info website and its parent and subsidiary companies (collectively, ‘Licensor’, ‘we’, ‘us’, ‘the Owners’ or ‘our’) grant you a non-exclusive, revocable, limited license, to participate in all of the services and activities provided by the MWAH.info website for personal, and Limited Commercial Purposes.
‘Limited Commercial Purposes’ – refers to those facilities offered for the use of Registered Members according to the limitations encompassed-by and available-through the various site protocols configured for limited commerce usage within its pages.
‘Websites’ means all the websites associated with the features of the MWAH.info website and any other actual or eventually-associated websites.
The MWAH.info website and its proprietors own all of the information appearing within the site’s pages.
This includes all code, content, protocols, software, and documentation provided to you by Licensor and are the Licensor's property or the property of Licensor's licensors – being protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights.
‘Intellectual Property Rights’ means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights.
You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have included within the MWAH.info website.
All rights not expressly granted hereunder are expressly reserved to Licensor and its licensors.
You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use of the MWAH.info website at any time, and we may also at any time suspend or terminate any license hereunder and disable access to the MWAH.info website or any of its component features.
You cannot buy, sell, or tamper with any of the content appearing or included within the MWAH.info website. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than on your own computer for reference and personal-use purposes), or in any way transfer any of the information included within the MWAH.info website, or use such information commercially or otherwise for the benefit of any third party without first having obtained the written consent and permission from the MWAH.info website owners.
You may not violate or attempt to violate the security of our services. You may not access, recreate, modify, reverse-engineer, decompile, disassemble, or otherwise discover the inherent site-code of the MWAH.info website, attempt to do so for any reason or attempt to create derivative works or facsimiles of the MWAH.info website. All modifications or enhancements to the MWAH.info website remain the sole property of Licensor.
We reserve the right to add additional features or functions to the existing websites and may / will update such features as and when we deem it appropriate to do so and that this occurs at our sole discretion.
You may only use the MWAH.info website for lawful purposes. The services we provide are subject-to, and you agree that you shall at all times comply with, all local, state, national or international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Licensor Toolbar and Websites.
You agree not to use the MWAH.info website, or any other services provided by Licensor, to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound.
As a Registered user of the MWAH.info website the Intellectual Property Rights of any ORIGINAL creative works – inclusive-of but not limited-to – art-works, music, films, photographs, software-code or texts remain your own: always providing that you are in fact the ORIGINAL OWNER of the rights to such works.
As a Registered user, you undertake to only post your OWN ORIGINAL creative works and of which Intellectual Property Rights you are the de facto owner – unless otherwise CLEARLY STATING the name and Copyright Ownership of the holder for the work’s Original Intellectual Property Rights and by so doing guarantee that you have the permission from the Original Owner to post such works.
Whilst the MWAH.info website will never itself claim ownership over the Intellectual Property Rights of any Member’s Original Creative works and will ALWAYS recognize such Member’s absolute ownership of any materials posted, the MWAH.info website owners cannot take responsibility for any infringement of your rights by other Members, or any Third Party users who might copy, download or otherwise use such original works for their own purposes – either on the MWAH.info website itself or elsewhere.
To this end, we HIGHLY RECOMMEND that ALL ORIGINAL CREATIVE WORKS of ANY KIND posted by a Member on the MWAH.info website should be marked with the following internationally-recognized Intellectual Property Rights (Copyright) Ownership phrase:
It should nevertheless be noted that the Member inherently authorizes the MWAH.info website owners to freely use any materials posted for the purposes of promoting the MWAH.info website.
In the event that any Member whose original works have been used by the MWAH.info website owners for such promotional purposes might have an overarching reason for not wishing for the said original works concerned to be used by the MWAH.info website owners purely in the stated manner, the Member may write to [email protected] defining the reasons for their reticence or objection.
However, in the event of such an objection having been communicated, the MWAH.info website owners retain the right to agree or disagree with the Member’s request and act accordingly.
Nevertheless, the Member concerned should note that – as ‘creatives’ in our own right – the MWAH.info website owners will generally be inclined to be empathetic to any such reasonably-argued requests and in all likelihood respect the wishes of the Member concerned.
You are solely responsible for the Content you display on or through the use of the MWAH.info website.
It is your obligation to ensure that the display of any Content – including photos, text, video, software, graphics, music files or other creative content of whatever nature – does not violate any of the Intellectual Property Rights of either other Members or any Third Party external agencies owning such rights (Copyright).
It is your direct responsibility to ensure that prior to posting any such materials you should either own, or have a license to use, any copyrighted Content displayed by your actions on the Website and you recognize your sole and entire responsibility for any transgressions as might occur – fully saving the owners of the MWAH.info website from all and any harm as might result from such abuse of a Third Party’s Intellectual Ownership Rights.
On notice, Licensor will act appropriately to remove Content that infringes the copyright rights of others. Licensor reserves the right to disable the access to the MWAH.info website or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others.
If you yourself believe that our services contain elements that infringe your own copyright rights, please provide our webmaster with the following information:
Please contact MWAH.info website’s webmaster at [email protected] for Notice of claims of copyright infringement according to the format as described above.
You retain ownership of all rights to the content that you display on, or through, the use of the MWAH.info website – always providing that you are either the official and original holder of the content’s Intellectual Property Rights or that you have the Rights-by-Licence accorded to you in writing by the original owner of the content’s associated Intellectual Property Rights.
If – at our request – you might submit different content (such as contest submissions, polling questions) – or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the ‘Submissions’) – such Submissions shall be deemed, and shall remain, the property of the owners of the MWAH.info website.
None of the Submissions shall be subject to any obligation of confidence on the part of the MWAH.info website and we shall not be liable for any use or disclosure of any Submission. Without limitation of the foregoing, the owners of the MWAH.info website shall exclusively own all currently 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 – financial or otherwise – to the provider of the Submissions.
A local search undertaken on the MWAH.info website may provide access to search results or other links to other websites or resources.
Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused-by or in connection-with use of or reliance on any such content, goods or services available-on or through any such site or resource.
You understand that all content, including, without limitation all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (‘Content’) made available or accessible through the various functions and areas of the MWAH.info website, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated.
Whilst the owners of the MWAH.info website will do everything within their power and diligence within an appropriate period of time to allay and countermand such issues, you understand and agree that by using the MWAH.info website you may be exposed to Content that may be offensive, indecent or objectionable in your community.
You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will Licensor be liable in any way for any Content created-by or originating-with entities other than Licensor, including, but not limited-to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of the use of the various MWAH.info website facilities or links to such Content from other Websites.
Whilst the ADMIN of the MWAH.info website is continually monitoring and implementing the maximum amount of security measures within its capabilities to safeguard your privacy and any personal information shared within its pages, you recognize that the MWAH.info website is not any different from any other publically-available website and may at various times become exposed to diverse security issues, and should therefore generally be regarded as unsecured.
By accepting this Agreement, you acknowledge and accept that the MWAH.info website, and any information you download or offer to share by means of the MWAH.info website facilities or functions, may be exposed to unauthorized access, interception, corruption, damage or misuse, and should be regarded as insecure. You accept all responsibility for such security risks and any damage resulting therefrom.
For any and all creative content for which you are the legal Intellectual Property Right Owner and which content has been either posted-to, uploaded-onto our servers or otherwise made available for sharing within the MWAH.info website environment, you should be aware that we do not specifically store any content backup – other than within the context of our habitually-scheduled, onwards-working protocols applicable to the usual and ordinary ‘housekeeping activities’ associated with the normal functioning of the website.
In consequence, you are solely responsible for creating your own back-ups of any and all material that you may have chosen to upload and share.
The MWAH.info website Owners and Licensor will also act appropriately to remove such content as it deems to be ‘Objectionable’.
‘Objectionable Content’ includes, but is not limited to:
If we become aware that, while using either MWAH.info website or any of its associated websites, you have uploaded, posted or shared Objectionable Content, we reserve the right to disable your account.
YOUR ACCESS AND USE OF THE SOFTWARE, WEBSITES AND SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SOFTWARE. WE PROVIDE THE SOFTWARE, THE WEBSITES AND THE CONTENT ON AN ‘AS IS,’ AND ‘AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT. THE OWNERS OF THE MWAH.info website MAKE NO GUARANTEES AS TO THE SITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF ANY LINKS OCCURRING WITHIN THE SITE’s CONTENT, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II) WHETHER ANY MATERIAL AS MIGHT BE ACCESSED WHILST USING THE MWAH.info website MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
You may terminate this Agreement at any time by CANCELLING your MEMBERSHIP to the MWAH.info website.
We may terminate this Agreement or your account (or any part thereof), disable access to the MWAH.info website or cease providing any service at any time in our sole discretion.
We will disable all MWAH.info website registered accounts that have been inactive for a period of three months. We will send you a reminder e-mail before disabling your Membership account. You agree that we shall not be liable to you or any third-party for any termination or disabling of your Membership to the MWAH.info website or ceasing to operate the MWAH.info website.
YOU UNDERSTAND AND AGREE THAT NONE OF US, OUR SUBSIDIARIES, OUR AFFILIATES, OUR SUPPLIERS, OUR ADVERTISERS, OUR MERCHANT PARTNERS, NOR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE ‘COVERED PARTIES’) ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED-TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, AND COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM:
- (A) THIS AGREEMENT OR THE USE OF, OR THE INABILITY TO USE, THE MWAH.info website OR SERVICES,
- (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
- (C) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES OR SERVICES,
- (D) RELIANCE ON CONTENT OR POSTINGS ON THE SITES OR SERVICES, OR
- (E) ANY OTHER MATTER RELATING TO THIS AGREEMENT, THE SOFTWARE, THE MWAH.info website OR THE SERVICES.
THESE LIMITATIONS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR DIRECT LIABILITY, OR THE DIRECT LIABILITY OF ANY OTHER COVERED PARTY TO YOU HEREUNDER EXCEED $100.00. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MIGHT NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE OWNERS OF THE MWAH.info website, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY THE OWNERS OF THE MWAH.info website OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
You and we agree to submit to the personal and exclusive jurisdiction of the courts of law located in the UK.
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
If you have any questions about this Agreement or the MWAH.info website, feel free to contact us at: [email protected]
Effective October 01st 2018
© MONACO, 01.10.2018. MWAH.info. All rights reserved.