Muffoletta Interactive SERVICE AGREEMENT
"Muffoletta Interactive" is the interactive on-line service operated
by Muffoletta Ltd. ("Muffoletta") on the World Wide Web
of the Internet, consisting of information services and content provided
by Muffoletta, affiliates of Muffoletta and other third parties.
"Subscriber" means each person who establishes or accesses a
connection ("Account") for access to and use of Muffoletta Interactive.
(a) This Agreement, which incorporates by reference other
provisions applicable to use of Muffoletta Interactive, including, but not
limited to, supplemental terms and conditions set forth in paragraph
14 hereof ("Supplemental Terms") governing the use of
certain specific material contained in Muffoletta Interactive, sets forth the
terms and conditions that apply to use of Muffoletta Interactive by
Subscriber. By using Muffoletta Interactive (other than to read this
Agreement for the first time), Subscriber agrees to comply with all of
the terms and conditions hereof. The right to use Muffoletta Interactive is
personal to Subscriber and is not transferable to any other person or
entity. Subscriber is responsible for all use of Subscriber's Account
(under any screen name or password) and for ensuring that all use of
Subscriber's Account complies fully with the provisions of this
Agreement. Subscriber shall be responsible for protecting the
confidentiality of Subscriber's password(s), if any.
(b) Muffoletta shall have the right at any time to change or discontinue
any aspect or feature of Muffoletta Interactive, including, but not limited
to, content, hours of availability, and equipment needed for access or
use.
Muffoletta shall have the right at any time to change or modify the terms and
conditions applicable to Subscriber's use of Muffoletta Interactive, or any
part thereof, or to impose new conditions, including, but not limited
to, adding fees and charges for use. Such changes, modifications,
additions or deletions shall be effective immediately upon notice
thereof, which may be given by means including, but not limited to,
posting on Muffoletta Interactive, or by electronic or conventional mail, or by
any other means by which Subscriber obtains notice thereof. Any use of
Muffoletta Interactive by Subscriber after such notice shall be deemed to
constitute acceptance by Subscriber of such changes, modifications or
additions.
Subscriber shall be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for access to
and use of Muffoletta Interactive and all charges related thereto.
(a) Subscriber shall use Muffoletta Interactive for lawful purposes only.
Subscriber shall not post or transmit through Muffoletta Interactive any
material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate
any law, or which, without Muffoletta's express prior approval, contains
advertising or any solicitation with respect to products or services.
Any conduct by a Subscriber that in Muffoletta's discretion restricts or
inhibits any other Subscriber from using or enjoying Muffoletta Interactive
will not be permitted. Subscriber shall not use Muffoletta Interactive to
advertise or perform any commercial solicitation, including, but not
limited to, the solicitation of users to become subscribers of other
on-line information services competitive with Muffoletta Interactive.
(b) Muffoletta Interactive contains copyrighted material, trademarks and
other proprietary information, including, but not limited to, text,
software, photos, video, graphics, music and sound, and the entire
contents of Muffoletta Interactive are copyrighted as a collective work under
the United States copyright laws. Muffoletta owns a copyright in the
selection, coordination, arrangement and enhancement of such content,
as well as in the content original to it. Subscriber may not modify,
publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole
or in part. Subscriber may download copyrighted material for
Subscriber's personal use only. Except as otherwise expressly
permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express permission of Muffoletta and
the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in
or deletion of author attribution, trademark legend or copyright
notice shall be made. Subscriber acknowledges that it does not acquire
any ownership rights by downloading copyrighted material.
(c) Subscriber shall not upload, post or otherwise make available
on Muffoletta Interactive any material protected by copyright, trademark or
other proprietary right without the express permission of the owner of
the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with
Subscriber. Subscriber shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other
harm resulting from such a submission. By submitting material to any
public area of Muffoletta Interactive, Subscriber automatically grants, or
warrants that the owner of such material has expressly granted Muffoletta
the
royalty-free, perpetual, irrevocable, non-exclusive right and license
to use, reproduce, modify, adapt, publish, translate and distribute
such material (in whole or in part) worldwide and/or to incorporate it
in other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such
material. Subscriber also permits any other Subscriber to access,
view, store or reproduce the material for that Subscriber's personal
use. Subscriber hereby grants Muffoletta the right to edit, copy, publish and
distribute any material made available on Muffoletta Interactive by
Subscriber.
(d) The foregoing provisions of Section 5 are for the benefit of
Muffoletta, its subsidiaries, affiliates and its third party content
providers and licensors and each shall have the right to assert and
enforce such provisions directly or on its own behalf.
(a) SUBSCRIBER EXPRESSLY AGREES THAT USE OF MUFFOLETTA INTERACTIVE IS AT
SUBSCRIBER'S SOLE RISK. NEITHER MUFFOLETTA, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THAT MUFFOLETTA INTERACTIVE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF MUFFOLETTA INTERACTIVE, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE
PROVIDED THROUGH MUFFOLETTA INTERACTIVE.
(b) MUFFOLETTA INTERACTIVE IS PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE
WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION,
RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
AGREEMENT.
(c) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF
CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT MUFFOLETTA IS NOT LIABLE
FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS
ENTIRELY WITH SUBSCRIBER.
(d) IN NO EVENT WILL MUFFOLETTA, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING MUFFOLETTA INTERACTIVE OR THE MUFFOLETTA
INTERACTIVE
SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE MUFFOLETTA
INTERACTIVE. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CONTENT ON MUFFOLETTA INTERACTIVE.
(e) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, MUFFOLETTA, NOR ITS
AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES,
OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF,
THE INFORMATION CONTAINED WITHIN MUFFOLETTA INTERACTIVE, OR FOR ANY DELAY OR
INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY
CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES
OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE
OR CONSEQUENTIAL DAMAGES. NEITHER, MUFFOLETTA, NOR ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE
INFORMATION.
Muffoletta shall have the right, but not the obligation, to monitor the content
of Muffoletta Interactive, including chat rooms and forums, to determine
compliance with this Agreement and any operating rules established by Muffoletta
and to satisfy any law, regulation or authorized government request.
Muffoletta shall have the right in its sole discretion to edit, refuse to post
or remove any material submitted to or posted on Muffoletta Interactive.
Without limiting the foregoing, Muffoletta shall have the right to remove any
material that Muffoletta, in its sole discretion, finds to be in violation of
the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless Muffoletta, its
affiliates and their respective directors, officers, employees and
agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of Muffoletta Interactive by Subscriber or
Subscriber's Account.
Either Muffoletta or Subscriber may terminate this Agreement at any time.
Without limiting the foregoing, Muffoletta shall have the right to immediately
terminate Subscriber's Account in the event of any conduct by Subscriber
which Muffoletta, in its sole discretion, considers to be unacceptable, or in
the event of any breach by Subscriber of this Agreement. The provisions
of Sections 5(b), 5(c), 5(d), 6, 8, 10 and this Section 9 shall survive
termination of this Agreement.
Muffoletta, Muffoletta Interactive and each of their logos
are trademarks of Muffoletta Ltd.. All rights reserved. All other trademarks appearing on
Muffoletta Interactive
are the property of their respective owners.
Muffoletta is a distributor (and not a publisher) of content supplied by third
parties and Subscribers. Accordingly, Muffoletta has no more editorial control
over such content than does a public library, bookstore, or newsstand.
Any opinions, advice, statements, services, offers, or other information
or content expressed or made available by third parties, including
information providers, Subscribers or any other user of Muffoletta Interactive,
are those of the respective author(s) or distributor(s) and not of Muffoletta.
Neither Muffoletta nor any third-party provider of information guarantees the
accuracy, completeness, or usefulness of any content, nor its
merchantability or fitness for any particular purpose. (Refer to Section
6 above for the complete provisions governing limitation of liabilities
and disclaimers of warranty.)
In many instances, the content available through Muffoletta Interactive
represents the opinions and judgments of the respective information
provider, Subscriber, or other user not under contract with Muffoletta.
Muffoletta neither endorses nor is responsible for the accuracy or reliability of
any opinion, advice or statement made on Muffoletta Interactive by anyone other
than authorized Muffoletta employee spokespersons while acting in their
official capacities. Under no circumstances will Muffoletta be liable for any
loss or damage caused by a Subscriber's reliance on information obtained
through Muffoletta Interactive. It is the responsibility of Subscriber to
evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through Muffoletta Interactive.
Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other
content.
This Agreement and any operating rules for Muffoletta Interactive established
by Muffoletta constitute the entire agreement of the parties with respect to
the subject matter hereof, and they supersede all previous written or oral
agreements between the parties with respect to such subject matter. This
Agreement shall be construed in accordance with the laws of the State of
California, without regard to its conflict of laws rules. No waiver by
either party of any breach or default hereunder shall be deemed to be a
waiver of any preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not be given any
legal import.
Muffoletta respects the rights of all copyright holders and in this regard,
Muffoletta has adopted and implemented a policy that provides for the
termination in appropriate circumstances of subscribers and account
holders who infringe the rights of copyright holders. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please provide Muffoletta's Copyright Agent the following
information required by the Online Copyright Infringement Liability
Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.
Section 512:
(a) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyright work claimed to have been
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site;
(c) Identification of the material that is claimed to be infringing or
to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact the
complaining party;
(e) A statement that the complaining party has a good-faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate,
and, under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Muffoletta's Copyright Agent for notice of claims of copyright infringement
on or regarding this site may be reached as follows:
For any questions or requests other than copyright issues, please
provide online feedback.
Copyright Agent
Muffoletta Ltd.
1140 Highland Avenue
Manhattan Beach, California 90266
Email: oconnell@muffoletta.com
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