6. Equipment:
Subscriber shall be responsible for obtaining and maintaining all cellular, computer hardware, internet facility and other equipment needed for access or to use Mandy’s Pages and all charges related thereto.
7. Disclaimer of Warranty; Limitation of Liability:
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF MANDYS-PAGES.COM IS AT SUBSCRIBER'S SOLE RISK. NEITHER MANDYS-PAGES.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT MANDYS-PAGES.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF MANDYS-PAGES.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH MANDYS-PAGES.COM.
(B) MANDYS-PAGES.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT MANDYS-PAGES.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL MANDYS-PAGES.COM, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING MANDYS-PAGES.COM OR THE MANDYS-PAGES.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE MANDYS-PAGES.COM SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON MANDYS-PAGES.COM.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, MANDYS-PAGES.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN MANDYS-PAGES.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE, SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. MANDYS-PAGES.COM, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, MANDYS-PAGES.COM, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
8. Subscriber Conduct:
(A) Subscription, when available, is for ONLY ONE PERSON PER ACCOUNT. Only work created by the subscriber can be posted at Mandy’s Pages. The Subscriber will ensure and acknowledge that all material contributed is property of the said Subscriber and does not violate any Copyright Infringement Laws, either in the United States of America, India or anywhere else in the world.
Subscriber shall use Mandy’s Pages for lawful purposes only. Subscriber shall not post or transmit through Mandy’s Pages any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Mandy’s Pages' express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Mandy’s Pages' discretion restricts or inhibits any other Subscriber from using or enjoying Mandy’s Pages will not be permitted. Subscriber shall not use Mandy’s Pages to advertise or perform any commercial solicitation, outside of advertising agreements with Mandy’s Pages, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Mandy’s Pages.
(B) Mandy’s Pages contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Mandy’s Pages are copyrighted as a collective work under the copyright laws of India.
Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, re-transmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Mandy’s Pages and the copyright owner.
In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on Mandy’s Pages any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber.
Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subscriber shall at all times retain all right, title and interest in and to the Subscriber material (including, without limitation, the copyrights therein and thereto), subject to the non-exclusive rights granted to Mandy’s Pages under this Agreement.
Subscriber is free to grant similar rights to other site and other publishers during and after the Term of this Agreement. By submitting material to any public area of Mandy’s Pages, Subscriber automatically grants, or warrants that the owner of such material has expressly granted Mandy’s Pages the royalty-free, non-exclusive right and license to display such material. Subscriber retains copyright to all content contributed and is permitted to have Subscriber’s own content removed from the site upon prior request.
9. Editors:
Subscriber shall make a minimum of twenty-five accepted and published written contributions before being considered for the role of editor. Monetary reimbursement may or may not be agreed upon at the time of acceptance and is subject to change at the sole discretion of Mandy’s Pages without prior notice.
By accessing and contributing to Mandy’s Pages, each Subscriber agrees to be part of reviews at Mandy’s Pages or agrees to have content reviewed at Mandy’s Pages which is at the sole discretion of Mandy’s Pages.
Subscriber may feel free to contact Mandy’s Pages to have reviews made or suggest subscribers or content for reviews. However, there is no guarantee that all suggestions may be entertained.
Subscribers may be invited to but are not forced, or held obligated to contribute images, photos, music videos or written content to Mandy’s Pages, unless the Subscriber wishes to do so freely. Mandy’s Pages will hold the Subscriber responsible for any contributions made in such context.
Mandy’s Pages intends to promote additional online and advertising work of Subscriber that is within the limitations of Mandy’s Pages.
10. Monitoring:
Mandy’s Pages shall have the right, but not the obligation, to monitor the content of Mandy’s Pages, including chat rooms, private messages, images, photo uploads and posts, writing, and forums, to determine compliance with this Agreement and any operating rules established by Mandy’s Pages and to satisfy any law, regulation or authorized government request. Mandy’s Pages shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on Mandy’s Pages. Without limiting the foregoing, Mandy’s Pages shall have the right to remove any material that Mandy’s Pages, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
11. Indemnification:
Subscriber agrees to defend, indemnify and hold harmless Mandy’s Pages, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Mandy’s Pages by Subscriber or Subscriber's Account.
12. Termination:
Either Mandy’s Pages or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, Mandy’s Pages shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which Mandy’s Pages, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of any of the above mentioned Sections shall survive termination of this Agreement.
