Terms of Service
(“MLMSoftware.one” or simply “MSO”)
All Services provided by MSO are referred to as “MSO Services”. All Materials provided by MSO are referred to as “MSO Materials.” All content and Materials provided by users of the Website are referred to as “User Materials”. All information (such as data files, written text, computer code or other types of user-generated content) which you may post or have access to as part of or through your use of the Services (including MSO Materials and User Materials) is referred to as “Content”. Content is the sole responsibility of the person from which such content originated. Certain Services, including MSO Services, may involve collaboration and/or file sharing among users and/or a specified group of users. Materials posted by users in conjunction with such collaboration and file sharing Services are referred to collectively as “Shared Content”.
3. PROVISION OF SERVICES BY MSOMSO endeavors to innovate constantly to provide the best possible experience for the Website’s users. You acknowledge and agree that the form and nature of the MSO Services and MSO Material which MSO provides on the Website and any Services or Materials which are enabled by the Website may change from time to time without prior notice to you. You acknowledge that MSO may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or other users of the Website, generally at MSO’s sole discretion, without prior notice to you. MSO, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time and may disclose any information related to your use of the Services and the Materials, or the substance of any or your posted or submitted Materials, as MSO deems necessary to comply with applicable law, regulation, legal process or governmental request.
4. USE OF SERVICES BY YOUYou shall pay any costs and charges, including any telecommunication charges and/or equipment costs that you incur in order to access or use the Website, Services or Materials. In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any registration information you may provide will be accurate, correct and up-to-date.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface provided by MSO to you, unless you have been specifically granted permission to do so in a separate agreement with MSO. You specifically agree not to access (or attempt to access) any of the Services, Materials, or another user’s account, password or computer through any automated means (including use of scripts or web crawlers), or by hacking, password mining or other means. You agree that you will not engage in any activity that interferes with or disrupts the Website or the Services (or the servers and networks which are connected to or accessible through the Services or the Website). You agree that you will not reproduce, duplicate, copy, sell, trade, lease or resell the Services or Products for any purpose, unless you have been specifically permitted to do so under a separate agreement with MSO. You also agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner. Some examples of improper use of the Website, Services or Materials include:
a. Collecting, harvesting, mining or engaging in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
b. Transmitting unsolicited or bulk communications to any Site account holder or to any MLMSoftware.one or affiliated e-mail address;
c. Posting or otherwise submitting any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms;
d. Creating a false identity for the purpose of misleading others;
e. Downloading any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner;
f. Removing or falsely adding to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material;
g. Making available any files or Content containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials;
h. Using any Materials in a manner that infringes any Intellectual Property Rights or rights of any party;
i. Disrupting, interfering or inhibiting any other user from using and enjoying the Website or other affiliated or linked sites, the Services or the Materials;
j. Posting or otherwise submitting any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lewd, lascivious, obscene, profane, racist, unlawful or otherwise objectionable.
k. Preparing, compiling, using, downloading or otherwise copying any Site user directory or other user or usage information or any portion thereof, or transmitting, providing or otherwise distributing (whether or not for a fee) such directory or information to a third party;
l. Engaging in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise);
m. Violating the rights of MSO or any third party (including the rights of privacy and publicity) or abusing, defaming, harassing, threatening or stalking another;
n. Using any MSO reference or MSO domain name as a pseudonymous return e-mail address;
o. Marketing any goods or services for any business purpose (including advertising and making offers to buy or sell goods and services), unless specifically permitted to do so by MSO.
5. YOUR PASSWORDS AND ACCOUNT SECURITYIf requested, you must also choose a user name and password to register for a user account. You understand and agree that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services and further agree that you will be solely responsible to MSO for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify MSO immediately by emailing [email protected]
7. DISCLOSURES AND REPRESENTATIONS ON CONTENTYou are notified that any Content presented to you or made available to you as part of the Services (including Content provided or shared by other users of the Website) may be protected by intellectual property rights which are owned by the persons or entities that provided such Content to the Website. You may not rent, lease, loan, sell, distribute this Content (unless you have been specifically informed that you can do so by MSO or by the owners of that Content, in a separate agreement). MSO reserves the right (but has no obligation) to flag, review, pre-screen, filter, modify, refuse or remove any or all Content from the Services and/or the Website. You also agree that by using the Services and the Website you may be exposed to Content that you may find objectionable, indecent, or otherwise offensive, and that you use the Services and the Website at your own risk. You agree that you are solely responsible for (and that MSO has no responsibility to you or any third party for) any Content that you create, display, submit or transmit while using the Services or the Website and for the consequences of your actions (including compensation for any loss or damage which MSO may suffer) by doing so.
8. LINKS TO THIRD PARTY SITESThe Services, the Materials and the Website may include links to other sites outside of the Website (“Linked Sites”). Any Linked Sites are provided to you as a convenience and any inclusion of these links does not imply any endorsement by MSO. MSO has no control over any Linked Site, any link contained in any Linked Site or any changes or updates to any Linked Site. You acknowledge and agree that MSO is not responsible for any form of transmission received from any Linked Site.
10. COPYRIGHT AND TRADEMARK POLICIESIt is MSO’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United Sates, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
11. ACCOUNT RIGHTSMSO grants you a personal, worldwide, non-assignable, royalty free and non-exclusive right to an account on the Website, as part of the Services provided to you by MSO. However, this account does not constitute a license to use, buy, sell or access any paid Products or Services, which you will have to purchase in order to access. Even after purchase, this account right does not give you permission to (and you may not permit anyone else to) copy, reverse engineer, create a derivative work of, or decompile or otherwise attempt to extract the source code of any Products or Services, the Website, or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically permitted to do so by MSO. Unless MSO has given you written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Website or any purchased Products or Materials, grant a security interest in or over your rights to use the Website or any purchased Products or Materials, or otherwise transfer any of your rights to use the Website or any purchased Products or Materials.
13. SUBMISSIONS AND POSTS FROM YOUAll of your Content and User Materials that you post on or otherwise transmit or submit via the Services and the Website shall not be confidential information or trade secrets owned by you or another party. You will receive no compensation for any use of your Content or User Materials. By posting, transmitting or submitting your Content or User Materials, you represent and warrant that you own or otherwise control all intellectual property rights and other rights to such Content or User Materials, including all rights necessary for you to post, transmit or submit such Content or User Materials. You are solely and entirely responsible for all of your Content and User Materials that you post, transmit or submit via the Services and the Website. You shall assume all risks associated with the use of your Content and User Materials, including any reliance on the accuracy, completeness or usefulness of your Content and User Materials. MSO does not guarantee the accuracy, the integrity or the quality of your Content or User Materials.
For all of your Content and User Materials that you post, transmit or submit via the Services and the Website, including (a) comments, (b) feedback, (c) bug reports, (d) piracy reports or (e) product suggestions, you grant MSO and the users of the Services and the Website an unrestricted, irrevocable, worldwide, non-exclusive, royalty-free and fully-paid-up license under all intellectual property rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such Content and User Materials, with or without having your name attached to such Content and User Materials, in any manner or form and for any purpose, with full rights to sublicense, and you also acknowledge and agree that MSO is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.
Unsolicited ideas, of any kind whatsoever, that are sent to MSO for consideration via this Site, the Services or Materials shall not be considered or accepted by MSO, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works created in connection therewith).
THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. MSO MAKES CHANGES TO THE WEBSITE, SERVICES AND MATERIALS WHICH MAY INCLUDE CHANGES IN PRICING AND DESCRIPTION OF ANY PRODUCTS, SERVICES OR MATERIALS LISTED, AT ANY TIME AND IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE WEBSITE, SERVICES AND MATERIALS MAY BE OUT OF DATE, AND MSO MAKES NO COMMITMENT TO UPDATE THE WEBSITE, SERVICES AND MATERIALS.
YOU ACKNOWLEDGE AND AGREE THAT MSO DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) MSO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR SITES, SERVICES OR MATERIALS; ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) MSO SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO THIRTY (30) DAYS.
17. LIMITATIONS OF MSO’S LIABILITYIN NO EVENT SHALL MSO, ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, VENDORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF MSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION THEREWITH (i) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE WEBSITE, SERVICES, OR MATERIALS; (ii) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE WEBSITE, SERVICES OR MATERIALS; (iii) ANY DEALINGS WITH VENDORS, SUPPLIERS OR OTHER THIRD PARTIES; (iv) ANY UNATUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, USER MATERIALS OR OTHER DATA; (v) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (vi) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (vii) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (viii) ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE; OR (ix) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND SO THE LIMITATIONS AND EXCLUSIONS STATED ABOVE MAY NOT APPLY TO YOU.
19. JURISDICTION AND VENUEBy accessing this Site, the Services and Materials you agree that all matters relating to your access to, or use of, this Site, the Services and Materials shall be governed by the statutes and laws of the State of Florida, without respect to conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Courts located in Miami-Dade or Broward County, State of Florida and the United States District Court for the State of Florida with respect to such matters.