TERMS OF SERVICE
MPLAYER Registered Member User Agreement
Welcome to Mplayer.co! We are glad you have decided to join our community. We look forward to your involvement with our sites and services. Before you begin delving into the vast services and content available on our network, please take a moment to review this User Terms Agreement (the “Agreement”). This Agreement is an agreement between you (referred to hereinafter as “You”, “Your,” “Member,” or “User”) and Mplayer, LLC. It is important that you understand both the benefits we provide, as well as our limitations.This Agreement applies to the web sites owned by Mplayer, LLC. (Referred to hereinafter as either “MPLAYER,”) including, but not limited to MPLAYER.co, SpawnLife.com, MplayerMovies.com, SkyplexPictures.com, MplayerNetwork.net, MplayerGaming.net (collectively, the “NETWORK”). This agreement also applies to the various services offered, including but not limited to Mplayer Client and another other services that may be added (collectively, the “Services”).While the Sites each offer a different combination of services and tools from one site to another, this agreement reflects our approach to memberships across our Sites and Services.
1. Acceptance of Agreement
When you complete the member registration process, you agree to this Agreement. This Agreement may be updated from time to time. You can view these terms, conditions and notices (these “Terms) at any time at: http://mplayer.co/terms-of-service. Your continued use of our services signifies your binding acceptance of the changes. This Agreement will always be available on this page for you to read. If any part of these Terms or any future changes to these Terms are not acceptable to you, you may cancel your Service by visiting your subscriber preferences page (“Edit My Account”) and canceling your account.Our Sites and Services provide you with opportunities to link to, or otherwise use, sites and services offered through our third-party service providers, including email. Your use of these third-party services is subject to terms posted by these third-party service providers. We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to our visitors. Such third-party linked sites are not under MPLAYER control and MPLAYER is not responsible for and does not endorse their content. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement. By opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms of the respective third parties.
MPLAYER Sites and services are not directed to children under the age of 13. MPLAYER Sites and Services will not knowingly collect personally identifiable information from anyone under 13. Note to Parents. If you have any concerns about MPLAYER Sites or Services, please contact us via our online form available at http://www.MPLAYER.co/contact.
3. About Our Services
A). MPLAYER Sites and Services. As a commitment to our users, we currently provide you with access to a rich collection of online resources. These include various communication tools, online forums, personalized content and branded programming through MPLAYER Sites and Services. Some Services offered on MPLAYER are presently provided free of charge. It is possible that this could change in the future.B). Service Limitations. We will do our best to make your experience with the MPLAYER Sites and Services a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that MPLAYER Sites and Services, including the services of our third-party service providers, are provided “AS IS.” MPLAYER Sites and Services and our third-party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings.C). Service Changes and Discontinuation. MPLAYER reserves the right to change or discontinue, temporarily or permanently, the Sites and Services at any time without notice. You agree that MPLAYER will not be liable to you or any third party for any modification or discontinuance of these Sites and Services.
4. “Rules of the Road” For the benefit of the entire MPLAYER community, and to comply with applicable laws, we have a few mandatory guidelines that we call “Rules of the Road.” We hope you will find them reasonable. Please understand, though, that any conduct that is judged by MPLAYER, in its sole and unfettered discretion, to violate the Rules of the Road is grounds for immediate termination of your account. For this reason, we ask that you carefully read and follow them.
A). Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in MPLAYER Sites and Services registration forms (we call this information “Registration Data”). Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate. Any username registered that contains defamatory or profane content will be removed immediately without notice and without refund to the registrant.
B). Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. Notify MPLAYER immediately of any unauthorized use of your password or account or any other breach of security. You must promptly change your password and notify MPLAYER of the problem by giving notice via e-mail to http://mplayer.co/contact.
C). Obey the Law. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property rights of others.
D). Use E-mail and Voice-Mail Responsibly. Some MPLAYER Sites and Services presently provide members with access to free email and/or voice mail accounts. In return for this free access, you agree not to use the service to broadcast “junk mail,” “spam,” “chain letters,” or unsolicited mass distribution of files or images. In order to ensure that these communication services are not abused, MPLAYER may establish general practices and limits concerning their use. These may include but are not necessarily limited to a maximum number of days that messages will be retained by the service, a maximum number of messages that may be sent from or received by an account on the service, a maximum size or length of any message that may be sent from or received by an account on the service, a maximum amount of disk space that will be allotted for your stored messages, and a maximum time period and number of times you may have access to the service in a given time frame. If you receive email that you find harassing, please use our online form, available at http://www.MPLAYER.co/contact to forward the email to us. Be sure to include a description of the situation surrounding receipt of the email in question.
E). Content Restrictions. MPLAYER Sites and Services attempt to provide some of the very best content available on the web and make it available to you on the Web for your personal, non-commercial use. All Web site design, text, graphics, the selection and arrangement thereof, and all software that are part of MPLAYER Sites and Services are protected by international copyright and Trademark laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on MPLAYER Sites and Services is strictly prohibited without the prior written permission of MPLAYER. Content that is publicly available on MPLAYER Sites and Service may not be stored in a computer, except for personal and non-commercial use.
F). Limits on Uses of User Information. By using any MPLAYER Site or Service, you agree not to data scrape, robot, copy, aggregate, redistribute, alter, reproduce or re-use for any purpose any user’s (whether specific to any particular user or as an aggregation) information accessible through any web sites owned by MPLAYER , including but not limited to any Commercial Purpose. “Commercial purposes” can include but is not limited to selling information to third parties; using the data collected to customize users’ experiences; using the data for targeted marketing campaigns; or using the data to offer services to MPLAYER users. MPLAYER reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above. You may not probe, scan or test the vulnerability of the Sites or Services, nor breach the security or authentication measures on the Site or Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or Services, including any MPLAYER account not owned by you, to its source, or exploit the Sites or Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Sites or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Services or with any other person’s use of the Sites or Services. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send to MPLAYER on or through the Sites and Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
G). Consolidated Sites. MPLAYER users should exercise caution when using consolidation sites. Consolidation sites are Internet sites that offer the ability to collect all of your personal information on one site. For example, you may be encouraged to provide consolidation site operators access to your MPLAYER accounts or membership information so that the information can be used to design customized search engines, web pages or advertising for you. All transactions initiated through a consolidation site using access information you provide are considered to be authorized by you, whether or not you were aware of the specific transaction. MPLAYER is therefore not responsible if the security, accuracy or quality of your information if it is compromised by a consolidation site you have authorized to access your data.
5. Rights You Grant to Mplayer
B). Mplayer Advertising. Mplayer relies on advertisers to help fund the services that we offer to our members. In order to continue our service, you agree that the Mplayer may display advertisements and promotions of all kinds in and with the services.
C). Account Access. In order to ensure that the Mplayer are able to provide high-quality services that are responsive to our members’ needs, you agree that Mplayer employees have access to your account and records as reasonably needed to investigate complaints.
D). Merger or Acquisition. In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by Mplayer, Mplayer may transfer your Personally Identifiable Information and transition your existing accounts to a similar subscription product to a third party as a part of such merger, acquisition, reorganization, or sale.
6. Other Legal Stuff
A). Disclaimer of Warranties. You expressly understand and agree that: Your use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. Mplayer and its third party service providers expressly disclaim 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. Mplayer makes no warranty that (i) the Services will meet your requirements, (ii) the Services 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, (v) that your email or voicemail messages will not be lost, and (vi) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Mplayer, our third party service providers, or through or from the Service will create any warranty not expressly stated in the Agreement. 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 may not apply to you. To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.
B). No Endorsement of User Content. You acknowledge and agree that Mplayer does not endorse the content of any user and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that Mplayer does not pre-screen any user posted content, but that Mplayer and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Mplayer Service. User is defined as any person who visits Mplayer and receives information or uses the Mplayer Services.
C). Limitation of Liability. You agree that the Mplayer will not be liable to you for any harms, which lawyers and courts often call 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 Mplayer have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, 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 anyone on the service; or (v) Any other matter relating to the service. If, notwithstanding the other provisions of this Agreement, Mplayer is found to be liable to you for any damage or loss which arises out of our is any way connected to your use of the Mplayer Service, Mplayer liability shall in no event exceed the greater of (i) the total of any subscription or similar fees with respect to any Service or feature of or on the Sites paid in the six months prior to the date of the initial claim made against Mplayer, or (ii) US$100.00.
D). Indemnification. You agree to protect and fully compensate Mplayer and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the Mplayer Service, your violation of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
E). More Liability Stuff.
TMplayer provides information of a general nature and are designed for informational and entertainment purposes only and are not meant to be a substitute for medical, health, legal, or financial advice from a professional. Consult with your professional for any specific medical, health, legal, or financial concern. Mplayer does not endorse any of the treatments, medications, or products discussed herein.
F). Betting and Gambling
No member or organization will participate in any gambling or betting on the Mplayer Entertainment Service or Nework. Gambling and betting in combination with the exchange of real world currency, including digital currency, no matter what denomination is strictly prohibited both on the Mplayer service and Tennessee State Law. Any user, visitor, member, entity engaged in this activity will be immediately removed and banned from all Mplayer services.
Mplayer rights under this Agreement may not be waived unless Mplayer agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with Mplayer prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.
All matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of Florida, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and Mplayer, LLC.
II. Subscription Terms of Service
THIS SUBSCRIPTION AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“SUBSCRIBER”, “YOU,” “YOUR” OR “YOURSELF”), AS THE END USER, AND MPLAYER, LLC. (“OUR,” “US,” “WE” “Mplayer”). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING MPLAYER PREMIUM SERVICE (THE “SERVICE”). BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST DISCONTINUE THE REGISTRATION PROCESS.
1. Payment Obligation and Credit Card Authorization
You are responsible for paying periodic subscription fees. All listed fees are in U.S. dollars.
As a subscriber to Mplayer, you agree that we are permitted to charge your credit card (or other approved facility) to pay for the initial Service subscription, any automatic renewals and any other charges you may incur in connection with your use of Mplayer. The subscription fee will be billed at the beginning of your subscription and on each annual or monthly renewal thereafter, dependant on the original subscription term selected at registration, unless you cancel at least 10 days prior to the renewal date pursuant to the process set forth below. You give permission for us to automatically renew your subscription and charge your account up to five (5) days prior to the day on which your subscription is scheduled to end. However, you may “opt out” of this automatic renewal by visiting PayPal (“Paypal.com”) and delete the monthly subscription. We will cancel your account upon receipt of such notification from you. If you terminate your subscription before the expiration of the current term but within this 5 day window, we will reverse the charge for the renewal term. All fees, charges and sales are final. Once charged to your credit card, the payments are nonrefundable. Only in cases of demonstrated fraud will these payments be refunded. Our services are subscription based. Your payment is to reserve your account in an “open” status for the time period paid. You acknowledge and agree that the authorization to charge your credit card for Services shall automatically transfer to any successors or assigns of Service for substantially similar services at the same website. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order Services online.
Payment must be made by a major credit card accepted by Mplayer (or PayPal.com). If paying with cash, payment must be sent via certified mail. In the event of disputed cash payments, only evidence of certified mailing will be accepted as proof of payment. If we do not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT MPLAYER, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.
MPLAYER RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY MPLAYERy, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT MPLAYER. MPLAYER MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may terminate your subscription by visiting your subscriber preferences page (“PayPal.com”) and indicating your preference. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.
2. Cancellation of Your Subscription
You may terminate your subscription at any time. When you terminate your account, it will not be automatically renewed and access will be terminated on the expiration date. You acknowledge that Mplayer, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if Mplayer believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or any Mplayer User Agreements. Mplayer may also, in its sole discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Mplayer may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that Mplayer shall not be liable to you or any third-party for any termination of your access to the Service.
3. Trial Memberships
Mplayer occasionally offers promotional trial memberships to its premium services at special discounted prices. If you sign up for a trial membership, you will be automatically renewed at the normal subscription rate for the Service at the end of the trial period, unless you cancel at least 24 hours before the end of the trial. You must cancel prior to the end of your trial to avoid charges to your credit card. We will continue to bill your credit card for the Service at the standard Service rate and renewal term thereafter, dependant on the original subscription term selected at registration, until you cancel. Your subscription is cancelable at anytime by visiting your subscriber preferences page (“Paypal.com”) and indicating your preference.
4. Subscriber Information
You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. Once you subscribe to the Service, you will have an account and enter a password. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You must promptly inform Mplayer of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Mplayer is notified by e-mail of a breach in security, you will remain liable for any unauthorized use.
You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of premium services is through a combination of an ID and a password. You must keep your password strictly confidential. Mplayer will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.
No warranty is made by Mplayer regarding any information, services, or products provided through or in connection with premium services, and Mplayer hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You hereby warrant and represent that you are in all respects qualified and competent to enter into this agreement.
7. Limitations of Liability
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
8. Use Restriction
The material on Mplayer is for the private, non-commercial enjoyment of Subscribers only. Any other use is strictly prohibited. Mplayer spends a great deal of time and money to obtain the information appearing on our sites. You agree that you will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from Mplayer, without express written permission from Mplayer. You agree that if you do so, Mplayer reserves the right to cancel your subscription immediately without refund. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
This Agreement may be modified from time to time without notice to you and changes are effective immediately upon posting on Mplayer. Your continued use of the Service constitutes your binding acceptance of this Agreement, including any changes or modifications we may make. If any part of this Agreement or any future changes to this Agreement are not acceptable to you, your only recourse is to terminate this Agreement. We may change, suspend or discontinue all or any aspect of the Service at any time, including availability of any Service feature, database or content, without prior notice or liability.
Notices by Mplayer to subscribers may be given by means of electronic messages or by a general posting on Mplayer.
11. Support Page
For answers to questions about your Mplayer subscription, please visit http://mplayer.co/support/.
12. The Agreement
This Agreement is governed by the laws of the State of Florida, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in Flagler County, Florida, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or federal law. Mplayer expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and Mplayer with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Mplayer with respect to the Service.
A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
A) When you register for the Community Boards (the “Boards”), you agree to use the message boards only to post information and send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a message board, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell any goods or services for any commercial purpose.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Restrict or inhibit any other user from using and enjoying the message boards.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
B) Message Board/Account termination. Mplayer and its affiliates reserve the right to terminate your access without refund to any or all of the Boards or your Account at any time without notice for any reason whatsoever.
C) Monitoring. Mplayer and its affiliates have no obligation to monitor the Boards or the content posted on any account. However, Mplayer and its affiliates reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mplayer ‘s or any of its affiliates’ sole discretion.
D) Usage. The Boards are a public forum and not private communications and others may read your communications without your knowledge. You should not have any expectation of privacy relative to your communications on the Boards. Always use caution when giving out any personally identifying information about yourself in any message board community. The information, content and pictures posted by you on the User Pages is done so at your own risk. Mplayer is not responsible for its theft, copying or placing of that content, image or information on other sites on the World Wide Web. Mplayer and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, Mplayer and its affiliates specifically disclaim any liability with regard to the Boards and any actions resulting from your participation or the participation of others on any Board. By posting messages or personal information, uploading files, inputting data, or engaging in any other form of communication through Mplayer, its Boards or profiles, you are granting Mplayer and its affiliates permission to: use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, create derivative works from, or transfer. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and Mplayer will not be responsible in any way for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Mplayer Service or our third party service providers will create any warranty not expressly stated. Mplayery makes no representation or warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) any third party provided software, drivers, mods, or other materials are non-infringing, accurate or reliable (iv) the results that may be obtained from the use of the Services will be accurate or reliable, (v) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (vi) any errors in Mplayer or third party software will be corrected.
15. The parties have agreed that this Agreement shall be written in English.
16. Mplayer Client Chat Software
Mplayer provides real time chat software for members. This software provides a variety of chat lobbies of all types of categories. These categories also hold a rating system and unless otherwise specified as “Adult, 18+, these lobbies will be deemed safe. Any member who Defames, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others will be properly moderated by Mplayer. Using profane language that causes a disturbance or disrupts the flow of conversation will also be moderated by authorized representatives of Mplayer known as a SAGE. Any such behavior in any lobby not specified as Adult, 18+, will be ceased. Mplayer reserves the right to time out, ban, kick and delete a user account without notice at any time, without refund.
17. Adult, 18+ Lobbies
Mplayer provides adult chat lobbies which may contain offensive language. These lobbies are classed AS IS and are deemed ENTER AT YOUR OWN RISK. However, Mplayer does not tolerate the release of private information or pornographic material and any member participating in this activity will be immediately removed from the Mplayer Service. Mplayer also does not tolerate any illegal activity such as but not limited to distribution of illegal copyrighted material, sale or illegal contraband such as narcotics or firearms, threats of harm or violence to another member. Any member participating in this activity will be immediately removed from the Mplayer service.
Direct questions may be sent via online for: http://mplayer.co/contact/
TOS Updated: 02/06/2016