Welcome to MDS Pacific. MDS Pacific provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.mdspacific.com/. In addition, when using particular MDS Pacific services, you and MDS Pacific shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
1. DESCRIPTION OF SERVICE
MDS Pacific currently provides users with access to a rich collection of resources, including forums, FAQ and Download Center through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for MDS Pacific to provide the Service. You also understand and agree that the service may include certain communications from MDS Pacific, such as service announcements, administrative messages and the MDS Pacific Newsletter, and that these communications are considered part of MDS Pacific membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MDS Pacific properties, shall be subject to the TOS. You understand and agree that MDS Pacific assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In addition, you must provide and are responsible for all equipment necessary to access the Service.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MDS Pacific has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MDS Pacific has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
* This policy covers how MDS Pacific treats personal information that MDS Pacific collects and receives, including information related to your past use of MDS Pacific services. Personal information is information about you that is personally identifiable like your name, email address, or phone number, and that is not otherwise publicly available.
* This policy does not apply to the practices of companies that MDS Pacific does not own or control, or to people that MDS Pacific does not employ or manage.
Information Collection and Use
* MDS Pacific collects personal information when you register with MDS Pacific, when you use MDS Pacific products or services, when you visit MDS Pacific pages or the pages of certain MDS Pacific partners, and when you enter promotion. MDS Pacific may combine information about you that we have with information we obtain from business partners or other companies.
* When you register we ask for information such as your name, email address, occupation, industry, and personal interests. Once you register with MDS Pacific and sign in to our services, you are not anonymous to us.
* MDS Pacific automatically receives and records information on our server logs from your browser, including your IP address, MDS Pacific cookie information, and the page you request.
* MDS Pacific uses information for the following general purposes: to customize content you see, fulfill your requests for services, improve our services, contact you, conduct research.
Information Sharing and Disclosure
* MDS Pacific does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide services you've requested, when we have your permission, or under the following circumstances:
o We provide the information to trusted partners who work on behalf of or with MDS Pacific under confidentiality agreements. These companies may use your personal information to help MDS Pacific communicate with you about offers from MDS Pacific and our marketing partners. However, these companies do not have any independent right to share this information.
* You can edit your MDS Pacific Account Information at any time.
* We reserve the right to send you certain communications relating to the MDS Pacific service, such as service announcements, administrative messages and the MDS Pacific Newsletter, that are considered part of your MDS Pacific account, without offering you the opportunity to opt-out of receiving them.
* You can delete your MDS Pacific account by visiting our Account deletion page. Please read about information that might possibly remain in our archived records after your account has been deleted.
* Your MDS Pacific Account Information is password-protected.
* MDS Pacific may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your MDS Pacific account or by placing a prominent notice on our site.
Questions and Suggestions
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify MDS Pacific of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MDS Pacific cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
5. MEMBER CONDUCT
You understand that all information, data, text, software, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MDS Pacific, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. MDS Pacific does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MDS Pacific be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a MDS Pacific official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy)
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You acknowledge that MDS Pacific does not pre-screen Content, but that MDS Pacific and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, MDS Pacific and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You acknowledge and agree that MDS Pacific may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of MDS Pacific, its users and the public.
You agree to indemnify and hold MDS Pacific, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MDS Pacific may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on MDS Pacific's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MDS Pacific has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that MDS Pacific reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MDS Pacific reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE
MDS Pacific reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MDS Pacific shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that MDS Pacific may, under certain circumstances and without prior notice, immediately terminate your MDS Pacific account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Termination of your MDS Pacific account includes (a) removal of access to all offerings within the Service, including but not limited to MDS Pacific Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings, Alerts and Games, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in MDS Pacific's sole discretion and that MDS Pacific shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MDS Pacific shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MDS Pacific has no control over such sites and resources, you acknowledge and agree that MDS Pacific is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MDS Pacific shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. MDS Pacific'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MDS Pacific or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
MDS Pacific grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MDS Pacific for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MDS Pacific EXPRESSLY DISCLAIMS 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.
b. MDS Pacific MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE 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, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MDS Pacific OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MDS Pacific SHALL NOT BE LIABLE FOR ANY 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 MDS Pacific HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. MDS Pacific and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
21. TRADEMARK INFORMATION
MDS Pacific, the MDS Pacific logo, MDS Pacific in Chinese Characters, MDS Pacific ligans!, the MDS Pacific ligans! design, the "Jumpin Y Guy" logo, Do you MDS Pacific?, Y!, Y! stylized, My MDS Pacific, Eyeballs design, Homework Answers, The Scoop, Get Local, the Worlds Favorite Internet Guide, the Sunglasses design, e Caf? MDS Pacific, Viaweb, Shop Find, EZSpree, EZWheels, I Shops, Permission Marketing, Yoyodyne, Get Rich Click, and GeoCities trademarks and service marks, and other MDS Pacific logos and product and service names are trademarks of MDS Pacific Inc. (the "MDS Pacific Marks"). Without MDS Pacific's prior permission, you agree not to display or use in any manner, the MDS Pacific Marks.
22. COPYRIGHTS and COPYRIGHT AGENTS
MDS Pacific respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MDS Pacific's Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. 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 the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
MDS Pacific's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
MDS Pacific Pte Ltd.
Phase Z.Ro Technopreneur Park, 151 North Buona Vista Road,
The Break through #02-34
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and MDS Pacific and govern your use of the Service, superceding any prior agreements between you and MDS Pacific. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and MDS Pacific shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and MDS Pacific agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of MDS Pacific to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our customer group.