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www.cinemaonweb.com,
www.gocowgo.com and its
related third party web sites are offered to you, the individual
user, by Media Bazaar, LLC. These Terms and Conditions of Use
("Terms of Use") govern your use of these Sites.
This page contains our full User Agreement. You
may wish to print this page for reference.
Limited use of the Sites and its related technology are offered
to you by Media Bazaar, LLC subject to, and conditioned upon
your acceptance of, these Terms of Use. Your use of these Sites
constitutes your legally binding acceptance of and agreement to
these Terms of Use. Under these Terms of Use only, Media Bazaar,
LLC grants you a license to view and use the interactive
features of these Sites, and its related technology and its
related technology. If you do not agree to these Terms of Use,
you are not an authorized user and should discontinue any use of
the Site.
Media Bazaar ,LLC reserves the right to change or modify these
Terms of Use at any time without notice to you. Please read
these Terms of Use carefully, as you are bound to comply with
the provisions herein.
1. OWNERSHIP AND INTELLECTUAL PROPERTY
1.1. Ownership. Media Bazaar, LLC is the
exclusive owner and proprietor of these Sites and its related
technologies .All these Sites Content, Sites Code and its
related technology as they exist on these Sites are offered to
you by Media Bazaar, LLC for limited use pursuant to these Terms
and Use. "Site Content" means any and all human readable audio
and/or visual elements of the Site, including without
limitation, any text, graphics, images, illustrations,
photographs animation, video/audio or audiovisual works, designs
or logos, information, and other content made available through
these Sites. "Site Code" means any and all underlying elements
of this Site, including without limitation source code, script,
object code, software, computer programs, and other sets of
statements or instructions contained in or underlying the Site.
Site Content and Site Code may sometimes be collectively
referred to herein as the "Materials" related technology
means related soft wares, licensed cinema theatre, content
uploading & web broad casting systems, mechanism, networks and
applications.
1.2. Copyright. These Sites Content, Sites Code
and its related technologies are owned by Media Bazaar,
LLC and/or its licensors and content providers and are protected
by applicable domestic and international copyright laws.
Copyright ? 2005 media Bazaar LLC. All Rights Reserved. Unless
expressly permitted elsewhere in the Site by Media Bazaar LLC,
you shall not copy, distribute, publish, perform, modify,
download, transmit, transfer, sell, license, reproduce, create
derivative works from or based upon, distribute, post, publicly
display, frame, link, or in any other way exploit any of these
Sites Content, Code and its related technology in whole or in
part. Links to the Site, other than to the Home Page, are only
permitted upon express permission from and arrangement with
Media Bazaar LLC. Any rights not expressly granted to you herein
are reserved. Any violation of copyright laws may result in
severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible.
1.3. Trademark.
www.cinemaonweb.com,
www.gocowgo.com and its third party web sites are trademarks
and service marks belonging to Media Bazaar, LLC . Any product,
service, or trade name other than those owned by Media Bazaar,
LLC that identify a third party as the source thereof may, even
if not so indicated, be the service mark or trademark of that
respective entity or individual. Any unauthorized use of these
web sites is strictly prohibited.
1.4. Copyright Complaints. If you have
proof that your copyrightable work of authorship has been copied
and is being displayed on these Sites in such a way that would
give rise to a claim for copyright infringement, please follow
the procedure regarding Notice and Claims for Copyright
Infringement:
NOTICE OF CLAIM FOR COPYRIGHT INFRINGEMENT
If you have proof that your registered
copyrightable work of authorship is being displayed on these
Sites in such a way that would give rise to a claim for
copyright infringement, please provide such claim by providing
the following information to www.cinemaonweb.com by conventional
mail only.
(i) Mail and courier deliveries must be sent to: PO BOX
690347,East Elmhurst, NY 11369
NOTICE REQUIREMENTS
A physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
A documented description of the registered copyrighted work that
you claim has been infringed upon with the
A documented description of where the registered material that
you claim is infringing is located on the Site, including any
information, documentation or web address (s) which would assist
www.cinemaonweb.com in locating that material
Your address, telephone number and e-mail 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 permissible by law;
A statement by you duly notarized under the penalty of perjury
that the information in your notice is accurate that you are the
copyright owner or authorized to act on the owner's behalf
2. USE OF THESE SITES, GENERAL TERMS
2.1 License. Media Bazaar, LLC grants you a non-exclusive,
non-transferable, limited right and license to access and use
these Sites, and view and privately display the Site Content by
way of one or more computers connected to the Site via IP
networks only, and in strict conformity with these Terms of Use.
You may "cache" pages of the Site for the sole purpose of
increasing the speed and efficiency at which you access these
Sites in the future and may download those Pictures that are
available on these Sites on a download basis. However, no other
copy or use of any portion of these Sites is permissible, and
the same would constitute an act of copyright infringement. By
way of example, and not limitation, you may not sublicense,
alter, adapt, transmit, publicly perform or display, distribute,
customize, modify, add to, delete from, create derivative works
based upon any portion of these Sites Content, link or forward
any web address to these Sites, copy, counterfeit or paste these
Sites Content to any other website or web page. You may not
publicly display any portion of the Site, or any films or other
audiovisual or digital works available at these Sites, without
a written license signed by a party authorized to legally
bind Media Bazaar, LLC to such a contractual arrangement. Any
other use or exploitation of this Site, including these Sites
Content, Site Code, and its related technology is strictly
prohibited. You agree and acknowledge that you shall not acquire
any ownership rights by downloading the Materials from these
Sites. You agree that links to these Sites are only permitted
upon express permission from and arrangement with Media Bazaar
LLC. You acknowledge and agree that modification of the
Materials or use of the Materials for any other purpose is a
violation of MEDIA BAZAAR, LLC and possibly other third parties'
copyright and proprietary rights. You agree to use the Materials
and these Sites only for purposes which are lawful in every
nation and jurisdiction in the world and all subdivisions
thereof. If you violate any provision of these Terms of Use,
your permission to use the Materials automatically terminates
and you must immediately destroy any copy you may have of any of
the Materials. Any other use or exploitation of these Sites,
including the Materials, is strictly prohibited. You agree not
to interrupt, or attempt to interrupt, the operation of these
Sites in any way.
2.2 Non-Commercial/Personal Use
Limitation. Media Bazaar, LLC grants you this license for the
limited purpose of personal use, and not for any commercial
purpose. No business entity (e.g., corporation, partnership,
sole proprietorship) is licensed to use these Sites. You hereby
agree not to use these Sites, the Materials, or any element or
portion thereof (including, without limitation, e-mail addresses
of users), for any commercial purpose whatsoever.
2.3 Not Intended for Minors. Much of the content
on these Sites is inappropriate for children. As such, these
Sites are not intended for use by persons under the age of
eighteen (18) years of age ("Minors") without the consent and
supervision of his/her legal guardian. The site Content may be
confusing or offensive to Minors. Any Minor should seek consent
from his/her legal guardian before using these Sites, and such
legal guardian should strictly monitor such Minor's use of the
Site.
2.4 Nature of Services. Media Bazaar
LLC offers all these sites services for entertainment purposes
only. Media Bazaar, LLC does not warrant the truth or validity
of the information contained on these sites. You acknowledge and
understand that, because of the possibility of human and
mechanical error, mistakes or omissions in the data or
information provided, delays or interruptions of the data or
information stream from whatever cause, as well as other
factors, Media Bazaar, LLC is not responsible for errors in or
omissions from the information contained or accessed through
these Sites. ALL INFORMATION AND CONTENT ON THE SITE ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT.
2.5 Username/Password. Media Bazaar ,LLC may
issue you a username and/or password for access to certain
portions of, or services provided via, these Sites. You shall
hold and secure any such username or password as strictly
confidential. Accordingly, you shall not allow friends, family,
business associates or other persons access to or use of such
username or password. You shall not post the username or
password on any website nor transmit it through unsecured sites.
Media Bazaar, LLC shall not be responsible whatsoever in the
event that your password is misappropriated by a third party.
2.6 Communications/ Messages from Users. You
acknowledge and agree that any public Communications made to or
by means of any portion of these Sites are public. You
acknowledge that (i) you have no expectation of privacy in any
public Communication and (ii) no confidential, fiduciary,
contractually implied or other relationship is created between
you and Media Bazaar, LLC by reason of your transmitting a
public Communication to any area of these Sites As used in these
Terms of Use, "Your Posted Material" means any information,
messages, e-mails, postings, on-line discussions, literary
works, drawings, illustrations or images, films or digital
content, or any other copyrightable work or non-copyrightable
idea, expression, or communication, regardless of whether you
authored or created such work or communication, which you cause
to be posted to, submitted to, or in any way transmitted via,
these Sites. You agree that none of Your Posted Material will
contain information or content that (i) infringes on the
copyright or any other rights of any person or entity; (ii)
reveals trade secrets or any information which you have agreed,
expressly or impliedly, to keep confidential; (iii) includes
sexually explicit images, depictions, or content; (iv) is
obscene, indecent, defamatory, abusive, or otherwise unlawful;
(v) contains a virus or any other potentially damaging content;
(vi) constitutes harassment or stalking; or (vii) constitutes
invasion of privacy, or misappropriation of statutory or common
law rights to publicity or personality. Additionally, even if
such content is legal, you agree that none of Your Posted
Material will contain information or content that: (a) contains
or constitutes commercial advertising, solicitation,
informational announcements, or political tracts; (b)
constitutes, contains, or encourages "make-money fast" type
messages, "chain letters" or "pyramid schemes" of any type; (c)
contains false or misleading information; (d) is purportedly
sent from a person other than yourself (e.g., impersonation of
another person or user); or (e) with respect to "chat rooms" or
other mechanism for real time dialogue between users, disrupts
the normal flow of dialogue, or posts comments that are not
related to the topic being discussed (unless it is clear that
the discussion is free-form). www.cinemaonweb.com shall have the
right in its sole discretion to edit, refuse to post or remove
any material submitted to or posted on such Forums for any
reason whatsoever. www.cinemaonweb.com reserves the right to
expel you from or suspend your access to some or all of the
Forums for violating the law or these Terms of Use.
Notwithstanding the foregoing, you are solely responsible for
all materials you post on or submit to the Forums and you
acknowledge that Media Bazaar, LLC may not be monitoring the
Forums and you are not relying upon Media Bazaar, LLC to
monitor the Forums. Media Bazaar, LLC takes violations of its
customers' rights and its own rights seriously, and makes
efforts to report any potential criminal violations to
appropriate authorities.
2.7 License to Your Postings to these Sites;
Indemnity. By posting any notes, message/billboard postings,
ideas, suggestions, concepts or other material to the Forums, or
Emailing them to us, you automatically grant to Media Bazaar,
LLC a royalty-free, perpetual, irrevocable, non-exclusive,
transferable right and license to use, reproduce, modify,
publish, edit, translate, distribute, perform, display and
otherwise exploit such material, including, but not limited to,
all rights in copyright to such material and all elements
thereof alone or as part of other works, throughout the
universe, in any form, media, or technology, whether now known
or hereafter devised, and to sublicense such rights through
multiple tiers of sublicenses, all without any obligation to
you, whether by way of compensation, attribution or otherwise.
You represent, warrant, and guarantee that (a) you have the full
and unrestricted right to grant such rights to your posted
material, and that there are no other agreements with any third
party in conflict herewith; and (b) Media Bazaar, LLC exercise
of its rights granted by you hereunder shall not infringe upon
any copyright or any other subsisting right of any third party.
You waive any and all so-called "Moral Rights" or similar rights
under any jurisdiction, now or hereafter recognized with respect
to Media Bazaar, LLC 's (or its assignee's) exercise of its
rights hereunder. Moreover, you agree to indemnify and
hold Media Bazaar, LLC harmless from and against any and all
claims, demands, damages, losses, liabilities and causes of
action of any kind or character, made by you or any third party
against Media Bazaar, LLC, arising out of or relating to Media
Bazaar, LLC's exercise of such rights to your posted material,
your publication or transmittal of any materials, or your
failure to comply or your alleged failure to comply with these
Terms of Use.
2.8 Reservation of Rights. Any rights not
expressly granted by Media Bazaar, LLC herein are reserved. You
may not download, modify, publish, transmit, transfer or sell,
reproduce, create derivative works from or based on, distribute,
perform, publicly display, or in any way exploit any of these
Sites Content, in whole or in part, without the prior written
consent of a party authorized to bind www.cinemaonweb.com,
except as expressly permitted in these Terms of Use.
3 TERMS RELATING TO PAY-PER-VIEW AND SUBSCRIPTION OFFERINGS
3.1 Fee-Based Service Charges. All of the Content & Products on
these Sites belong to third part content owners and available
only on a fee basis (that is, you must pay to access the
Content). This Content is sometimes referred to herein as the
"Fee-Based Services". Currently, there is only two type of
Fee-Based Services, (a) pay-per-view ("PPV") content offerings
in which you must pay a set price to view that one particular
movie only once during a specified time period (b) various
subscription offerings in which you must pay a monthly price for
you to view a package of content for 30 days or buy a My Go Cow
Go web broad casting package to web broad cast your content
for a number of seconds /minutes/ hours / times and to a
number of viewers .
3.2.1 Free Preview. You may gain access to free
previews
3.2.4 Billing. THIRD PARTIES WILL BILL YOUR
CREDIT CARD For the services bought by you.
3.3.1 Third party pay-per-view / subscription ("PPV")
offerings and Web broad casting Subscription Packages are
available at different price points, currently ranging from $.90
to $5.99 per film and $10 to $ 10000 per subscription package.
We reserve the right to change those at any time. At any event,
whatever the price, it will always be clearly marked on the
launch page for the film and clearly marked when you enter your
credit card information.
3.3.2 A valid credit card (VISA, MasterCard or
American Express) is required to pay for the PPV films. The PPV
fee will be charged only when you submit the credit card info to
us.
3.3.3 Currently, each content is available to
you for only 1 time viewing in either 24 hours to 60 days,
or monthly or annual Subscription based , depending upon the
content, from the time that you start watching the content. or
Web broad casting the content by the GB / HOUR used Web Broad
casting Package . We reserve the right to change the time period
with respect to future films but will not change the time period
with respect to films that you have already paid for. You can
watch the movie whenever you want, in whatever bitrate (s) you
want during the authorized time period (i.e., 24 hours) or 60
days . After that time, if you want to watch the movie, you will
have to pay the PPV fee again.
3.3.4 Once you buy the PPV film, you're not
limited to watching it on one computer unless indicated so on
the Site. You are limited to watching it on one computer at one
time but can do so from multiple computers. We do, however,
reserve the right to change that policy at any time and from
time-to-time.
3.4 General Terms relating to Fee-Based Services.
3.4.1 In addition to the charges set forth
above, you are responsible for all charges associated with
connecting to these Sites, including without limitation all
telephone access lines (including long-distance charges, when
applicable), telephone and computer equipment and any service
fees necessary to access the Fee-Based Services.
3.4.2 For purposes of identification and
billing, you agree to provide Media Bazaar, LLC with accurate,
complete, and updated information required by these sites
subscription registration to the Fee-Based Services
("Registration Data"), including your legal name, address,
telephone number (s), and applicable payment data (e.g., credit
card number and expiration date). You may check, following
subscription help instructions, to determine whether your
Registration Data is current and accurate, and, if not, to
correct or update your Registration Data. Failure to comply with
this provision (including without limitation falsification of
any Registration Data) may, at Media Bazaar, LLC's option,
result in immediate suspension or termination of your right to
use the Fee-Based Services, or subscription based services.
3.4.3 You agree to promptly update your
Registration Data, following subscription help instructions, in
the event of any known or suspected unauthorized use of your
subscription, or any known or suspected breach of security,
including loss, theft, or unauthorized disclosure of your
password or credit card information. In the event of a breach of
security, you will remain liable for any unauthorized use of
your subscription until you update your Registration Data. If
your credit card expires, is canceled, is lost or is subject to
use without your authorization, or if your subscription is
subject to use without your authorization, follow subscription
help instructions to update your Registration Data.
3.4.4 You agree not to assign, transfer or
sublicense your rights as a subscriber to the Fee-Based Services
or Subscription services. You agree to be financially
responsible for all usage or activity on your Fee-Based Services
or Subscription account.
3.5 Terms Relating to Refunds. If you purchase
one of our PPV films or a subscription and are unable to view
your selected film(s) due to us, please send an e-mail to help@cinemaonweb.com.
We will work with you to try to solve your problem. If we are
unable to do so we will refund your purchase. In any other
situation there is a no refund policy. All sales are final.
4 TERMS RELATING TO OUR ADULT CONTENT ("ADULT"
FILMS)
4.1 If you access any adult or mature content on
these Sites, you represent and warrant that you (i) are at least
18 years of age (21 years of age in AL, MS, NE, WY, and any
other location where the age of majority is greater than 18);
(ii) are interested in accessing and viewing sexually oriented
content; (iii) will not expose the content to a minor or any
person who may find the content offensive; (iv) are familiar
with the standards in your community regarding sexually oriented
materials; (v) believe that the content on this site appeals to
the healthy and normal human interests and standards in your
community; and (v) understand and accept that you may be exposed
to visual images and sounds that graphically depict nudity and
sexual activity, or are otherwise sexual and erotic in nature.
5 LINKS TO THIRD PARTY SITES/THIRD PARTY
COMMUNICATIONS
5.1 Hyperlinks. These Sites may contain
hyperlinks or other references to third party Internet sites
that www.cinemaonweb.com does not own or operate. Such
hyperlinks are provided for your reference only. Media Bazaar,
LLC makes no warranties or representations regarding the
availability of, or the content located on or through, such
sites. Media Bazaar, LLC does not endorse, sponsor, or review
the content contained at the sites to which hyperlinks on Media
Bazaar, LLC web sites are directed, nor does Media Bazaar,
LLC represent that such sites are appropriate for children, in
compliance with laws, or are what they purport to be.
Accordingly, Media Bazaar, LLC does not accept any
responsibility or liability for content contained at such sites.
Likewise, the parties who own, control, or operate the sites at
which such hyperlinks are directed do not necessarily have
knowledge of, endorse, sponsor, or approve of the hyperlink or
content contained at the Site.
5.2 Third Party Postings. These Sites contain
services, products information or advertising for third
parties. Media Bazaar, LLC expressly denies any endorsement,
sponsorship, approval, or agreement with any third party
communication made available via the Site, including messages,
information, and advertising of its clients or licensors. Media
Bazaar, LLC shall not be deemed to have considered, reviewed,
screened, or approved of any such third party communication.
However, Media Bazaar, LLC reserves the right for any reason to
remove without notice any communication made available via these
Sites, and to deny in its sole discretion your access or any
user access to communications made available via these Sites.
5.3 "Opt-In" for special notices. Media Bazaar,
LLC may periodically make special offers or communications to
users of these Sites. If you would like to receive such offers
or communications, you may "Opt-In" at any time by checking the
"Opt-In" box that appears on the E-mail notices page of these
Sites, and providing the e-mail address you wish to use to
receive such notices. If you change your mind at any time, you
can reverse your option, or change your e-mail address, using
the same page. Selecting the "Opt-In" option constitutes
acceptance of Media Bazaar, LLC's use of your e-mail address to
send you notices pertaining to Media Bazaar, LLC, its products
and services, these Sites, the Fee-Based Services, and related
topics
6 PRIVACY POLICY
6.1 Please review our privacy policy which is
available here.
7 DISCLAIMER OF WARRANTY; LIMITATION OF
LIABILITY
7.1 As with any on-line interaction and
electronic communication, there is an inherent risk involved in
transmitting any information via the Internet. Media Bazaar,
LLC does not and cannot guarantee that its web sites and
systems are free from hackers or viruses or that information
provided by users to Media Bazaar, LLC's web sites will not be
stolen or otherwise surreptitiously obtained. Media Bazaar, LLC
is not responsible or liable for any infections or contamination
of your system or delays, inaccuracies, errors, or omissions
arising out of your use of these Sites or with respect to the
Materials contained on these Sites. You hereby acknowledge and
understand that such risk is inherent in interacting with any
website, including these Sites, and take full responsibility for
any harm, danger or damage that ensues due to any such breach in
security. Pursuant to these Terms of Use, Media Bazaar,
LLC expressly disclaims any such liability. In addition, you
agree to be responsible for obtaining and maintaining all
telephone, computer hardware and other equipment needed for
access to and use of these Sites and you shall be responsible
for all charges related thereto.
7.2 NEITHER MEDIA Bazaar, LLC NOR ANY PROVIDER
OF CONTENT FOR THESE SITES OR THEIR RESPECTIVE AGENTS WARRANT
THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, FREE FROM
VIRUSES OR SECURITY BREACHES; NOR DOES MEDIA Bazaar, LLC, ANY
PROVIDER OF SERVICE, PRODUCT OR CONTENT TO THE SITE, OR THEIR
RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE
OBTAINED FROM USE OF THE SITE. THE SITE CONTENT IS NOT
GUARANTEED TO BE ACCURATE, TIMELY OR VERIFIED. THESE SITE AND
THE SITE CONTENT ARE DISTRIBUTED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. MEDIA Bazaar, LLC AND ITS AGENTS DO NOT MAKE
ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH
RESPECT TO THE SITE, ANY SERVICE, PRODUCT, CONTENT, OR ANY
GOODS OR SERVICES SOLD THROUGH THE SITE. YOU EXPRESSLY AGREE
THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA
MADE AVAILABLE VIA THE SITE IS ASSUMED SOLELY BY YOU.
7.3 NEITHER MEDIA Bazaar, LLC, ANY THIRD PARTY GOODS, PRODUCT,
CONTENT SERVICE PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO
USE THESE SITES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
7.5 Termination. In addition to any other rights
of the parties set forth herein, either you or Media Bazaar, LLC
may cancel or terminate this Agreement at any time in accordance
with the subscription help instructions. Media Bazaar, LLC also
reserves the right to restrict, suspend or terminate your access
to the Fee-Based Services in whole or in part, without notice,
with respect to any breach or threatened breach of any portion
of this Agreement. If Media Bazaar, LLC terminates this
Agreement based on a breach of any portion of this Agreement,
Media Bazaar, LLC reserves the right to refuse to provide a
subscription or any Fee-Based Services to you in the future.
7.6 Indemnity. You hereby agree to indemnify,
defend and hold harmless,
www.cinemaonweb.com, www.gocowgo.com, Media Bazaar LLC, its
third party web sites, associates, independent film makers, film
companies, TV networks, product, goods, services, content
providers, advertisers/sponsors, webmasters and its Affiliates
from and against any and all liability and costs incurred by
www.cinemaonweb.com, www.gocow.com, Media Bazaar, LLC or its
third party sites, the Affiliates in connection with any claim
arising out of any breach or alleged breach of any of your
obligations set forth herein. You shall cooperate as fully as
reasonably required in the defense of any claim. Media Bazaar,
LLC reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any
matter without the written consent of Media Bazaar, LLC.
www.cinemaonweb.com,
www.gocowgo.com or
Media Bazaar, LLC and its third party sites are not in any way
responsible for the the contents on its web site showcases, sold
or distributed by content owners/providers.
7.7
NO LIABILITY
In no event will Media Bazaar, LLC, its product, goods, service
and party content providers be liable to you or any third person
for any indirect, consequential, exemplary, incidental, special
or punitive damages, including also lost profits arising from
your use of the Web site or the Service, even if Media Bazaar,
LLC has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Media
Bazaar, LLC 's liability to you for any cause whatsoever, and
regardless of the form of the action, will at all times be
limited to the amount paid, if any, by you to Media Bazaar, LLC,
for the Service during the term of membership. under this
Agreement you or any third party shall never sue, litigate, file
claims or damages against Media Bazaar, LLC, its owners,
producers, directors, writers, editors, technicians, artists,
employees, agents, representatives, products, goods, services,
content providers, advertisers/sponsors including any entity
connected with Media Bazaar, LLC directly or indirectly for any
cause of action
8 GENERAL TERMS.
8.1 Notices. Notices by Media Bazaar, LLC to you may be given by
means of a general posting at these Sites. Notices (including
questions, complaints, or legal notices) by you may be given by
conventional mail only, unless otherwise specified in these
Terms of Use as follows:
(i) Mail and courier deliveries must be sent to: PO BOX
690347,East Elmhurst, NY 11369
8.2 Governing Law/Forum Selection. These Terms
of Use are governed by the laws of the State of New York, USA
applicable to contracts made and performed solely in the State
of New York, without regard to conflict of laws principles. You
hereby consent to the exclusive jurisdiction and venue of the
courts in New York County, New York USA in any and all claims
or disputes arising out of, to enforce, construe, or otherwise
relating to these Terms of Use or this Site.
8.3 Relationship Between the Parties. Nothing
contained in these Terms of Use shall be construed to constitute
you and Media Bazaar, LLC as partners or joint ventures or to
constitute employment or any type of agency.
8.4 Severability. If any provision of these
Terms of Use is held invalid, unenforceable or void, the
remainder of the Terms of Use shall not be affected thereby and
shall continue in full force and effect.
8.5 Age of Majority, Right to enter into this
Agreement. You represent and warrant Media bazaar ,LLC that
you are at least eighteen (18) years old and that you possess
the legal right and ability to enter into this Agreement and to
use these Sites in accordance with this Agreement.
8.6 Full Integration. These Terms of Use
constitute the entire agreement between you and Media Bazaar,
LLC related to these Sites. No prior or contemporaneous written,
oral, and electronic representation, negotiation, or agreement
form a part of this agreement, and these Terms of Use supersede
all prior written, oral, or electronic agreements between the
you and Media Bazaar, LLC relating to these Sites.
8.7 Written Agreement. These Terms of Use
constitute a written agreement between you and Media Bazaar,
LLC. A printed version of these Terms of Use, and of any notice
given in electronic form related to this agreement, shall be
admissible in judicial or administrative proceedings to the same
extent, and subject to the same restrictions, as other business
contracts, documents, or records originally generated and
maintained in printed form.
8.8 Use in Other Locations. These sites are
controlled and operated by Media Bazaar, LLC from United States
of America. Media Bazaar, LLC makes no representation or
warranty that the Materials in these Sites are legal,
appropriate or available for use in other locations. Those who
choose to access this Site from other locations do so at their
own risk and are responsible for compliance with any and all
local laws, if and to the extent local laws are applicable. No
software from these Sites or related applications may be
downloaded, exported or re-exported into (or to a national or
resident of) any countries that are subject to U.S. export
restrictions.
8.9 Force Majeure. Media Bazaar, LLC,
www.cinemaonweb.com, www.gocowgo.com, its third party sites, its
products, goods, services and content providers shall not have
any liability to you hereunder by reason of any delay or failure
to perform any obligation or covenant if the delay or failure to
perform is occasioned by force majeure, meaning any act of God,
storm, fire, casualty, unanticipated work stoppage, power
outage, satellite failure, strike, lockout, labor dispute, civil
disturbance, riot, war, national emergency, act of Government,
act of public enemy, or other cause of similar or dissimilar
nature beyond its control.
8.10 Waiver. 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.
8.11 No Jury Trial. YOU WAIVE YOUR RIGHTS TO A
TRIAL BY JURY IN ANY PROCEEDING WITH US.
8.12 Descriptive Headings. The headings of the
various sections herein are for convenience of reference only
and shall not define, limit or otherwise affect any of the terms
or provisions hereof.
8.13 Electronic Form of Agreement. You hereby
waive any and all defenses you may have based on the electronic
form of these Terms of Use and the lack of signing by the
parties hereto to execute these Terms of Use.
8.14 Modifications
8.14.1 To the Agreement. Media Bazaar, LLC,
www.cinemaonweb.com, www.gocowgo.com and its third party
sites, its product, goods, services and content providers have
the right to modify this Agreement and any policies affecting
these Sites, including without limitation the
No-Commercialization Policy. Any modification is effective
immediately upon posting to these Sites or distribution via
electronic mail or conventional mail. Your continued use of
these Sites following notice of any modification to this
Agreement shall be conclusively deemed an acceptance of all such
modification (s). Your only right with respect to any
dissatisfaction with any modifications made pursuant to this
provision, or any policies or practices of Media Bazaar, LLC in
providing these Sites, including without limitation (i) any
change in the Content, or (ii) any change in the amount or type
of fees associated with the Fee-Based Services, or
Subscription is to cancel your subscription in accordance with
the subscription help instructions.
8.14.2 To these Sites. Media Bazaar, LLC has the
right to modify, suspend or discontinue these Sites or any
portion thereof at any time, including the availability of any
area of these Sites, including without limitation the Fee-Based
Services and Subscription based services ,Media Bazaar, LLC may
also impose limits on certain features and services or restrict
your access to parts or all of the Media Bazaar, LLC web Sites
without notice or liability.
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