Our Terms Of Service
Please read our terms of service, which you agree to in signing up for a subscription to MFUsers. Unless otherwise specified, the terms of service set out below and references to "MFUsers" apply equally to the members of MFUsers.
The terms and conditions include important provisions about payment and your rights to refunds, as well as limiting and excluding our obligation to pay if you lose money.
As a member of MFUsers you accept that by using this site you agree that MFUsers assumes no responsibility for the damage that can be caused on your SiteMaker website by using any of our widgets or services.
Use of this site is subject to the following Terms of Use.
1. Acceptance of Terms
1.1. MFUsers is provided by MFServices (the "Company"), which provides its services to you,
subject to the following Terms and Conditions ("TACS"), Terms of Service ("TOS"), which
may be updated by the Company from time to time without notice to you.
1.2. When using particular MFUsers software, services, or other items provided by the
Company, you will also 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 TACS.
1.3. MFUsers contains a large number of widgets, artwork and other data some of which is
on licence from its copyright owners. You are not permitted to steal, copy or redistribute
any of the widgets or other material from MFUsers.
1.4. Due to the nature of the files you download from us, they may or may not harm your
moonfruit site, in some cases can cause the site to crash or freeze for some users. You
agree not to hold the Company liable and the Company accepts no liability in respect of,
the loss of all data and or glitches caused by using our widget files relating to your site.
You are strongly advised to keep copies of any data, images, music or otherwise that
you upload onto your SiteMaker site.
1.5. All minors are recommended to consult with their parents/guardians in respect of these
TACS before subscribing to MFUsers.
2. Description of Service
MFUsers currently provides or allows sitemaker users the chance to subscribe to our services that enables them to use our third party widgets on their sitemaker website. The Company may add, delete or change some or all of the Services provided as part of MFUsers at any time. Unless otherwise stated these TACS apply to you whether you are a casual user of MFUsers, a Member, or other user.
PLEASE NOTE: If you are a webeden subscriber you may not subscribe to MFUsers without informing us prior to subscribing, failing to do this will instantly block your access to MFUsers and you shall not receive a refund or access to the widget download area.
3. Subscription, Cancellation and Refunds
3.1. The Company uses a third party, Paypal LTD, to manage its subscription transactions
via credit/debit card. Upon subscription by this method you will be authorising an
immediate payment to MFUsers.
3.2. Due to our products being purely digital media refunds are only provided at the discretion
of the Company.
3.3. If your account is terminated as a result of your breach of these TOS, the subscription fee
made by you will not be refundable.
4. Registration
4.1. By completing the registration and or subscription process, either as a Member or as a
Subscriber of MFUsers, you are stating that you agree to be bound by all of these TOS.
4.2. In consideration of your use of MFUsers services, you agree to:
(a) Provide true, accurate, current and complete information about yourself as prompted
by the MFUsers registration form and
(b) Maintain and promptly update your information to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate, not current or
incomplete, or the Company has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, the Company has the right
to suspend or terminate your account and refuse any and all current or future use of
MFServices (or any portion thereof).
5. Proprietary Rights and Licences
5.1. You acknowledge and agree that the MFUsers can display images and text throughout
our widgets, and that includes the insertion of sponsor messages into messages
distributed on our subscribers mailing lists. The Company grants you a personal, non-
transferable and non-exclusive right and licence to use the trademark "MFUsers" and
you undertake that upon termination of your use of MFUsers (including if you decide to
move to another host) all such rights in the trademark and all other rights granted to you
here under will cease forthwith.
5.2. You acknowledge and agree that the Company owns or is licensed to use all intellectual
property rights (including without limitation all copyrights, patents, trademarks and trade
secrets) in connection with and in all versions of widgets and any data generated by
Members.
5.3. Except as expressly authorised by the Company or advertisers, you agree not to modify,
copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, licence, sub-
licence, distribute or create in any way content and/or derivative works from MFUsers, in
whole or in part.
5.4. The Company grants you a personal, non-transferable and non-exclusive right and
licence to use the object code of the MFUsers widgets on a single Moonfruit Sitemaker
Account; 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 from MFUsers. You agree not to modify the MFUsers widgets
in any manner or form, or to use modified versions of our widgets.
6. Disclaimer of warranties
6.1. You expressly understand and agree that:
(a) Your use of MFUsers is at your sole risk. MFUsers is provided on an "as is" and "as
available" basis and the Company and its suppliers, to the fullest extent permitted by law,
make no warranties, express or implied, in relation to this site or its contents, including,
but not limited to, security, warranties of title, fitness for a particular purpose,
merchantability and non-infringement of proprietary or third party rights. The Company
and its suppliers make no warranties about the accuracy, reliability, completeness, or
timeliness of their material, services and widgets.
(b) The Company makes no warranty that :
(i) Our widgets will meet your requirements.
(ii) Our widgets will be uninterrupted, timely, secure, or error-free.
(iii) The results that may be obtained from the use of our widgets will be accurate or
reliable.
(iv) The quality of any products, services, information, or other material purchased or
obtained by you through MFUsers will meet your expectations.
(v) Any errors in the widgets will be corrected. Further, if your use of the web site or the
material results in the need for servicing or replacing equipment or data, the Company
is not responsible for those costs.
(c) Any material downloaded or otherwise obtained through the use of MFUsers is done at
your own discretion and risk and that you will be solely responsible for any damage to
your computer system, SiteMaker Account 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 through or from
MFUsers shall create any warranty not expressly stated in these TOS.
6.2. We as third party providers offer such material that in some cases can cause damage
and temporary down time to your SiteMaker site. The Company shall not be held
responsible for any damage to your SiteMaker site or lost revenue if our suggestions or
widgets cause any down time to your SiteMaker site.
7. No Resale of our Services and Widgets
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of MFUsers, use of MFUsers widgets, or access to the MFUsers Widget Area, without the express permission of the Company by separate agreement.
8. Limitation of Liability
8.1. Your use of MFUsers is at your own risk. If you are dissatisfied with any of the content or
the service or with these TACS, or any other rules or policies, your sole remedy is to
discontinue use of MFUsers Services and Widgets. If such action is taken as a result of
your breach of this contract, the remainder of any payment made by you will not be
refundable.
8.2. You expressly understand and agree that the Company shall not be liable for any direct,
indirect, incidental, special, consequential or exemplary damages, whether in an action
of contract or tort, including but not limited to, damages for loss of profits, goodwill, use,
data or other intangible losses (even if the Company has been advised of the possibility
of such damages), resulting from:
(i) The use or the inability to use our services or widgets;
(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 MFUsers;
(iii) Unauthorised access to or alteration of your transmissions or data;
8.3. In no event will the Company's liability to any user arising out of or in respect of these
TACS exceed £25.
8.4. 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 this paragraph 8 may not apply to you.
9. Modifications to the TACS or to MFUsers
The Company reserves the right to change the TACS at any time without notice. The Company also reserves the right at any time and from time to time to modify or discontinue MFUsers temporarily or permanently, with or without notice to you. You agree that the Company shall not be liable to you or any third party for any modification, suspension or discontinuance of MFUsers or their Services.
10. Termination
10.1. You agree that the Company, in its sole discretion, may terminate your password,
account (or any part thereof) or use of MFUsers, and remove and archive or discard any
content within the MFUsers user submitted database, including any personal
information, images etc. submitted to us from you freely, for any reason, including,
without limitation, for lack of use or if the Company believes that you have violated or
acted inconsistently with the letter or spirit of the TACS. The Company may also in its
sole discretion and at any time discontinue providing MFUsers, or any part thereof, with
or without notice. You agree that any termination of your access to MFUsers under any
provision of these TACS may be effected without prior notice, and acknowledge and
agree that the Company may immediately deactivate, archive or delete your account
and all related information and files in your account and/or bar any further access to the
widgets files or MFUsers in general. Further, you agree that the Company shall not be
liable to you or any third-party for any termination of your access to MFUsers.
10.2. If such action is taken as a result of your breach of this contract, the remainder of any
payment made by you will not be refundable.
11. General
11.1. The TACS constitute the entire agreement between you and the Company (including,
but not limited to, any prior versions of the TACS). You also may be subject to additional
terms and conditions that may apply when you use affiliate or other services of the
Company, third-party content or third-party software.
11.2. If any provision of these TACS is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of the remaining
provisions of these TACS, which shall remain in full force and effect. No waiver of any
term of these TACS shall be deemed a further or continuing waiver of such term or any
other term.
11.3. Should you find any content or otherwise that you feel breaches the TACs outlined,
please email the Company at tripleimpact2k5@aol.com providing details of the
complaint. Your complaint will be investigated immediately and you will be informed by
email of the outcome.
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