| TERMS
1. ACCEPTANCE OF TERMS
BandCentric welcomes you. BandCentric
provides its service to you, subject to the following
Terms of Service ("TOS"), which may
be updated by us from time to time without notice
to you. You can review the most current version
of the TOS at any time at: http://www.bandcentric.net/terms.
In addition, when using particular MoJuice
owned or operated services, you and MoJuice
shall be subject to any posted guidelines or rules
applicable to such services which may be posted
from time to time. All such guidelines or rules
are hereby incorporated by reference into the
TOS. MoJuice
may also offer other services that are governed
by different Terms of Service.
2. DESCRIPTION OF SERVICE
BandCentric provides users with access
to a rich collection of resources, including various
communications tools, e-commerce services, search
services, personalized content and branded programming
through its network of properties which may be
accessed through any various medium or device
now known or hereafter developed (the "Service").
You also understand and agree that the Service
may include certain communications from BandCentric,
such as service announcements, administrative
messages and the BandCentric Newsletter,
and that these communications are considered part
of BandCentric membership and you will
not be able to opt out of receiving them. Unless
explicitly stated otherwise, any new features
that augment or enhance the current Service, including
the release of new BandCentric properties,
shall be subject to the TOS. You understand and
agree that the Service is provided "AS-IS"
and that MoJuice
assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any
user communications or personalization settings.
You are responsible for obtaining access to the
Service and that access may involve third party
fees (such as Internet service provider or airtime
charges). You are responsible for those fees,
including those fees associated with the display
or delivery of advertisements. In addition, you
must provide and are responsible for all equipment
necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service,
you represent that you are of legal age to form
a binding contract and are not a person barred
from receiving services. You also agree to: (a)
provide true, accurate, current and complete information
about yourself as prompted by the Service's registration
form (such information being the "Registration
Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate,
current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete,
or MoJuice
has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete,
MoJuice
has the right to suspend or terminate your account
and refuse any and all current or future use of
the Service (or any portion thereof). MoJuice
is concerned about the safety and privacy of all
its users.
4. BANDCENTRIC PRIVACY POLICY
Registration Data and certain other information
about you is subject to our Privacy Policy. For
more information, see our full privacy policy
at http://www.bandcentric.net/privacy.asp.
You understand that through your use of the Service
you consent to the collection and use (as set
forth in the Privacy Policy) of this information,
including the transfer of this information to
other countries for storage, processing, and use
by MoJuice
and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation
upon completing the Service's registration process.
You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible
for all activities that occur under your password
or account. You agree to (a) immediately notify
MoJuice of any unauthorized use of
your password or account or any other breach of
security, and (b) ensure that you exit from your
account at the end of each session. MoJuice
cannot and will not be liable for any loss or
damage arising from your failure to comply with
this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text,
software, music, sound, photographs, graphics,
video, messages or other materials ("Content"),
whether publicly posted or privately transmitted,
are the sole responsibility of the person from
which such Content originated. This means that
you, and not MoJuice,
are entirely responsible for all Content that
you upload, post, email, transmit or otherwise
make available via the Service. MoJuice
does not control the Content posted via the Service
and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand
that by using the Service, you may be exposed
to Content that is offensive, indecent or objectionable.
Under no circumstances will MoJuice
be liable in any way for any Content, including,
but not limited to, for any errors or omissions
in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content
posted, emailed, transmitted or otherwise made
available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise
make available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise
objectionable;
b. harm minors in any way;
c. impersonate any person or entity or falsely
state or otherwise misrepresent your affiliation
with a person or entity;
d. forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content
transmitted through the Service;
e. upload, post, email, transmit or otherwise
make available any Content that you do not have
a right to make available under any law or under
contractual or fiduciary relationships (such as
inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise
make available any Content that infringes any
patent, trademark, trade secret, copyright or
other proprietary rights ("Rights")
of any party;
g. upload, post, email, transmit or otherwise
make available any unsolicited or unauthorized
advertising, promotional materials, "junk
mail," "spam," "chain letters,"
"pyramid schemes," or any other form
of solicitation, except in those areas that are
designated for such purpose;
h. upload, post, email, transmit or otherwise
make available any material that contains software
viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment;
i. interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations
of networks connected to the Service;
j. intentionally or unintentionally violate any
applicable local, national or international law,
including, but not limited to any regulations
having the force of law;
k. "stalk" or otherwise harass another;
and/or collect or store personal data about other
users in connection with the prohibited conduct
and activities set forth in this agreement.
You acknowledge that MoJuice
may or may not pre-screen Content, but that MoJuice
and its designees shall have the right (but not
the obligation) in their sole discretion to pre-screen,
refuse, or move any Content that is available
via the Service. Without limiting the foregoing,
MoJuice and its designees shall have
the right to remove any Content that violates
the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge
that you may not rely on any Content created by
MoJuice or submitted to MoJuice.
You acknowledge, consent and agree that MoJuice
may access, preserve, and disclose your account
information and Content if required to do so by
law or in a good faith belief that such access
preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content
violates the rights of third-parties; (d) respond
to your requests for customer service; or (e)
protect the rights, property, or personal safety
of BandCentric, its users and the public.
You understand that the technical processing and
transmission of the Service, including your Content,
may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied
within the Service may include security components
that permit digital materials to be protected,
and use of these materials is subject to usage
rules set by MoJuice
and/or content providers who provide content to
the Service. You may not attempt to override or
circumvent any of the usage rules embedded into
the Service. Any unauthorized reproduction, publication,
further distribution or public exhibition of the
materials provided on the Service, in whole or
in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet,
you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding
the transmission of technical data exported from
the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ON THE SERVICE
MoJuice
does not claim ownership of Content you submit
or make available for inclusion on the Service.
9. INDEMNITY
You agree to indemnify and hold MoJuice,
and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to
or arising out of Content you submit, post, transmit
or make available through the Service, your use
of the Service, your connection to the Service,
your violation of the TOS, or your violation of
any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy,
sell, trade, resell or exploit for any commercial
purposes, any portion of the Service, use of the
Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MoJuice
may establish general practices and limits concerning
use of the Service, including without limitation
the maximum number of days that email messages,
message board postings or other uploaded Content
will be retained by the Service, the maximum number
of email messages that may be sent from or received
by an account on the Service, the maximum size
of any email message that may be sent from or
received by an account on the Service, the maximum
disk space that will be allotted on MoJuice's
servers on your behalf, and the maximum number
of times (and the maximum duration for which)
you may access the Service in a given period of
time. You agree that MoJuice
has no responsibility or liability for the deletion
or failure to store any messages and other communications
or other Content maintained or transmitted by
the Service. You acknowledge that MoJuice
reserves the right to log off accounts that are
inactive for an extended period of time. You further
acknowledge that MoJuice
reserves the right to modify these general practices
and limits from time to time.
12. MODIFICATIONS TO SERVICE
MoJuice
reserves the right at any time and from time to
time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof)
with or without notice. You agree that MoJuice
shall not be liable to you or to any third party
for any modification, suspension or discontinuance
of the Service.
13. TERMINATION
You agree that MoJuice
may, under certain circumstances and without prior
notice, immediately terminate your BandCentric
account, any associated email address, and access
to the Service. Cause for such termination shall
include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements
or guidelines, (b) requests by law enforcement
or other government agencies, (c) a request by
you (self-initiated account deletions), (d) discontinuance
or material modification to the Service (or any
part thereof), (e) unexpected technical or security
issues or problems, (f) extended periods of inactivity,
(g) you have engaged in fraudulent or illegal
activities, and/or (h) nonpayment of any fees
owed by you in connection with the Services. Termination
of your BandCentric account includes
(a) removal of access to all offerings within
the Service, (b) deletion of your password and
all related information, files and content associated
with or inside your account (or any part thereof),
and (c) barring further use of the Service. Further,
you agree that all terminations for cause shall
be made in MoJuice's
sole discretion and that MoJuice
shall not be liable to you or any third-party
for any termination of your account, any associated
email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with,
or participation in promotions of, advertisers
found on or through the Service, including payment
and delivery of related goods or services, and
any other terms, conditions, warranties or representations
associated with such dealings, are solely between
you and such advertiser. You agree that MoJuice
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 Service.
15. LINKS
The Service may provide, or third parties may
provide, links to other World Wide Web sites or
resources. Because MoJuice
has no control over such sites and resources,
you acknowledge and agree that MoJuice
is not responsible for the availability of such
external sites or resources, and does not endorse
and is 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 MoJuice
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.
16. MOJUICE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and
any necessary software used in connection with
the Service ("Software") contain proprietary
and confidential information that is protected
by applicable intellectual property and other
laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information
presented to you through the Service or advertisers
is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and
laws. Except as expressly authorized by MoJuice
or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in
whole or in part.
MoJuice
grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its
Software on a single computer; provided that you
do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant
a security interest in or otherwise transfer any
right in the Software. You agree not to modify
the Software in any manner or form, or to use
modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access
the Service by any means other than through the
interface that is provided by MoJuice
for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. MOJUICE
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. MOJUICE
MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM MOJUICE
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE
EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR
WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY
INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES
OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY,
HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE
USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING THE SERVICE -- DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOJUICE
SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF MOJUICE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly
provided in this TOS, there shall be no third
party beneficiaries to this Agreement.
22. NOTICE
MoJuice
may provide you with notices, including those
regarding changes to the TOS, by either email,
regular mail, or postings on the Service.
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
MoJuice
respects the intellectual property of others,
and we ask our users to do the same. MoJuice
may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users
who may be repeat infringers. If you believe that
your work has been copied in a way that constitutes
copyright infringement, or your intellectual property
rights have been otherwise violated, please provide
MoJuice's
Copyright Agent the following information:
- an electronic or physical signature of the
person authorized to act on behalf of the owner
of the copyright or other intellectual property
interest;
- a description of the copyrighted work or other
intellectual property that you claim has been
infringed;
- a description of where the material that you
claim is infringing is located on the site;
- your address, telephone number, and email
address;
- a 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
or intellectual property owner or authorized
to act on the copyright or intellectual property
owner's behalf.
MoJuice's
Agent for Notice of claims of copyright or other
intellectual property infringement can be reached
as follows:
By mail:
Copyright Agent
c/o MoJuice bvba
Wijgmaalsesteenweg 63
3020 Belgium
By phone: +32 (0)16 20 60 76
By fax: +32 (0)16 20 60 86
By email: tom.debruyn@mojuice.com
24. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire
agreement between you and MoJuice
and governs your use of the Service, superseding
any prior agreements between you and MoJuice
with respect to the Service. You also may be subject
to additional terms and conditions that may apply
when you use or purchase certain other MoJuice
services, affiliate services, third-party content,
or third-party software.
Choice of Law and Forum. The TOS and the relationship
between you and MoJuice
shall be governed by the laws of Belgium without
regard to its conflict of law provisions. You
and MoJuice
agree to submit to the personal and exclusive
jurisdiction of the courts located within the
county of Belgium, Brussels.
Waiver and Severability of Terms. The failure
of MoJuice
to exercise or enforce any right or provision
of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS
is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree
that the court should endeavor to give effect
to the parties' intentions as reflected in the
provision, and the other provisions of the TOS
remain in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that your BandCentric account
is non-transferable and any contents within your
account terminate upon your death. Upon receipt
of a copy of a death certificate, your account
may be terminated and all contents therein permanently
deleted.
Statute of Limitations. You agree that regardless
of any statute or law to the contrary, any claim
or cause of action arising out of or related to
use of the Service or the TOS must be filed within
one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in the TOS are for convenience
only and have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS to tom.debruyn@mojuice.com.
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