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    Terms And Conditions

    Legal Information

    GENERAL TERMS AND CONDITIONS

    INTRODUCTION AND TABLE OF CONTENTS
    Welcome to the Morgan Multimedia Websites, owned and produced by Morgan Multimedia, Inc. and its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "Morgan Multimedia"). The Morgan Multimedia websites currently consist of various web pages at or linked to the URLs www.MorganMM.com, www.ThatsGoodMarketing.com, www.ThatsGreatMarketing.com, www.MLSclientconnect.com, www.MLSclientconnect.net, www.SpinTours.com, www.MorganConnects.com, www.MorganiMarketing.com, www.MorganMarketingTips.com, www.MorganMLS.com, www.MorganMultimedia.net, www.MorganMultimedia.biz, www.MorganMultimedia.info, www.MorganMultimedia.us, www.MorganMultimediaInc.com, www.MorganRewards.com, www.MorganRewards.net, www.MorganSpinTours.com, and www.MultimediaMorgan.com collectively referred to as the "Morgan Multimedia Websites," which may expand or change from time to time). Unless explicitly stated otherwise, any new Products and Services (as defined below), including the addition of new Morgan Multimedia Websites properties shall be subject to these Terms and Conditions.

    Morgan Multimedia, Inc. makes available a variety of products and services through the Morgan Multimedia Websites (collectively, the "Products and Services") subject to these General Terms and Conditions ("Terms and Conditions"). In addition, there are a variety of special products and services offered through the Morgan Multimedia Websites that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product on the Morgan Multimedia Websites that do not have a separate legal agreement, the Terms and Conditions set forth here will apply. Morgan Multimedia also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of the Morgan Multimedia Websites. In addition, the Morgan Multimedia Websites also may offer other services from time to time that are governed by the terms of service of the respective service partners.

    Because the Terms and Conditions contain legal obligations, please read them carefully.

    Please direct any legal questions to:

    Morgan Multimedia, Inc.
    4675 Stevens Creek Blvd. Suite 111
    Santa Clara, CA 95051

    The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The following is a list of links to the various provisions in the Terms and Conditions. The headings contained in these provisions, and reflected in these links, however, are solely for your convenience and have no legal import. While this list of links may help you locate particular provisions, you should understand that you will be bound by the entire Terms and Conditions.
    1. Acceptance
    2. Conditions and Restrictions on Use
    3. Registration and Privacy
    4. Responsibility for Minors
    5. Parental Controls and Child Safety
    6. Member And User Conduct
    7. License to User Content
    8. MLSClientConnect
    9. Email
    10. Shopping
    11. Web Publishing
    12. Disclaimer of Warranties
    13. Limitation of Liability
    14. Disclaimer Regarding Third Party Content
    15. Storage
    16. The Morgan Multimedia Websites Image Gallery Disclaimer
    17. Advertisers and Content Linked to the Morgan Multimedia Websites
    18. The Morgan Multimedia Websites Logos and Search Boxes
    19. No License; Intellectual Property Rights of Morgan Multimedia and Others
    20. Indemnity and Release
    21. Limitation of Action
    22. Copyright, Trademark, and Patent Notices
    23. Claims of Copyright Infringement
    24. Arbitration, Governing Law, and Forum for Disputes
    25. Changes in Terms and Conditions and Changes in Products and Services
    26. Merger
    27. Non-Waiver and Separability
    28. Relationship of Parties
    29. No Resale, Assignment, or Sublicensing
    30. Successors and Assigns
    31. Termination; Survival
    32. Communication with Users
    33. Submissions of Ideas
    34. Export Controls
    35. Standard Advertising Terms and Conditions
    36. Violation of Terms and Conditions
    1. ACCEPTANCE
      By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Morgan Multimedia web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
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    2. CONDITIONS AND RESTRICTIONS ON USE
      Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that Morgan Multimedia may terminate your access to the Morgan Multimedia Websites or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Morgan Multimedia. Any such termination shall be in Morgan Multimedia's sole discretion and may occur without prior notice, or any notice. Morgan Multimedia further reserves the right to terminate any user's access to the Morgan Multimedia Websites or to any of the Products and Services for any conduct that Morgan Multimedia, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Morgan Multimedia or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Morgan Multimedia further reserves the right to terminate any user's access to the Morgan Multimedia Websites or to any of the Products and Services for any reason or for no reason at all, in Morgan Multimedia's sole discretion, without prior notice, or any notice.

      In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.MorganMM.com/ or another of the URLs associated with the Morgan Multimedia Websites. Be aware that the majority of the Morgan Multimedia Websites are for general audiences, although there may be certain areas on the Morgan Multimedia Websites that contain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of the Morgan Multimedia Websites not open to persons under 18 years of age. With respect to general audience content, if Morgan Multimedia learns that anyone under the age of 13 has accessed the Products and Services, Morgan Multimedia will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Morgan Multimedia Websites, however, may not be available to children under 13 under any circumstances.

      Morgan Multimedia does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
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    3. REGISTRATION AND PRIVACY
      Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Morgan Multimedia Websites registration forms ("Registration Data") and (b) you will 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 Morgan Multimedia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Morgan Multimedia has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.

      All Morgan Multimedia Websites registrations become the exclusive property of Morgan Multimedia, its affiliates and subsidiaries. Morgan Multimedia reserves the right to use and reuse all registration and other personally identifiable user information subject to the Morgan Multimedia Websites Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the Morgan Multimedia Websites Privacy Policy and at individual Morgan Multimedia Websites sites.

      You acknowledge receipt of Morgan Multimedia Websites Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on the Morgan Multimedia Websites.
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    4. RESPONSIBILITY FOR MINORS
      In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE MORGAN MULTIMEDIA WEBSITES MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.
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    5. PARENTAL CONTROLS AND CHILD SAFETY
      Certain material available on the Internet is not appropriate for minors. To prevent or limit your children's access to such materials, a number of parental control protections ( such as computer hardware, software, or filtering services) are commercially available. To review our Notice Regarding the Privacy of Children Under 13 While on the Morgan Multimedia Websites, click here.
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    6. MEMBER AND USER CONDUCT
      Upon registering, you will receive a password and Morgan Multimedia Websites ID. You are responsible for maintaining the confidentiality of the password and ID, and are fully responsible for all activities that occur under your password or ID. You agree to (a) immediately notify Morgan Multimedia 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. The Morgan Multimedia Websites cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

      You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, 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 the Morgan Multimedia Websites, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. The Morgan Multimedia Websites does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Morgan Multimedia Websites be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, Morgan Multimedia does not pre-screen user or third party Content posted on the Morgan Multimedia Websites, except for certain areas where Morgan Multimedia employs certain automated screening software, although Morgan Multimedia reserves the right to do so. Morgan Multimedia does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. Morgan Multimedia reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Morgan Multimedia.

      The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. The intended purpose of site building software on the Morgan Multimedia Websites is to maintain, publish and produce web sites on the Morgan Multimedia Websites that are consistent with these terms and conditions.

      Prohibited Conduct

      1. You agree that you will not use Morgan Multimedia Websites Products and Services to: Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
      2. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity, including without limitation the provision of instructions for illegal activity.
      3. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
      4. Harm minors in any other way.
      5. Make any sexual request on behalf of a minor or make any sexual request of a minor.
      6. "Stalk" or otherwise harass another.
      7. Collect or store personally identifying information about other users for commercial or unlawful purposes.
      8. Impersonate any person or entity, including, but not limited to, a Morgan Multimedia Websites official, employee, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
      9. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services.
      10. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
      11. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
      12. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
        1. Making available copyrighted software or other Content that has had the copyright protection removed.
        2. Making available serial numbers for software that can be used to illegally validate or register software.
        3. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
        4. Making available any software files for which the user does not own the copyright or have the legal right to make available.
      13. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
      14. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or the Morgan Multimedia Websites.
      15. Use automated means, including additional computers, software and scripts, to enhance play in Morgan Multimedia Websites games and promotions.
      16. Use automated means, including spiders, robots, crawlers, or the like to download data from any Morgan Multimedia Websites database.
      17. Conduct your own contests and promotions.
      18. Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
      19. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Morgan Multimedia database, including, without limitation, by incorporating data from any Morgan Multimedia database into any email or "white pages" products or serviced, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
      20. Sell, distribute, or make any commercial use of data obtained from any Morgan Multimedia database or make any other use of data from any Morgan Multimedia database in a manner which could be expected to offend the person for whom the data is relevant.
      21. Create and maintain a Morgan Multimedia Websites web page (including, but not limited to, a template or Enom template home page) that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a template home page, post pictures to the template home page, and have other web pages call the template home page to retrieve those pictures.
      22. Create and maintain a Morgan Multimedia Websites web page that contains hyperlinks to content not permitted on the Morgan Multimedia Websites.
      23. Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges.
      24. Interfere with or disrupt the Products and Services or servers or Networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of Networks connected to the Products and Services.
      25. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
      26. Use the Products or Services to sell, purchase, or offer to sell or purchase any registered or unregistered securities.
      27. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
      28. Disobey any Morgan Multimedia employee or representative or interfere with any action by any Morgan Multimedia employee or representative to redress any violation of these Terms and Conditions.
      29. Access the Products and Services after your account or access has been terminated by Morgan Multimedia.
      30. Purchase any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
      31. Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Morgan Multimedia or the party from whom such software may be licensed.
      32. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
      33. Advertise, offer for sale, or sell any item you are prohibited from advertising or selling by any applicable local, state, national, or international law, including regulations having the force of law.
      34. Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to the Morgan Multimedia Websites community or the spirit of these Terms and Conditions.
      35. Advertise, offer for sale, or sell any of the following items:
        • Any firearms, explosives, or weapons.
        • Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
        • Any alcoholic beverages.
        • Any tobacco products for human consumption, including, without limitation, cigarettes and cigars.
        • Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
        • Any controlled substances or pharmaceuticals.
        • Any items that are counterfeit or stolen.
        • Any dangerous items.
        • Any goods or services that do not, in fact, exist.
        • Any registered or unregistered securities.
        • Any items that violate or infringe the rights of other parties.
        • Any items that you do not have the legal right to sell.
        • Any items where paying Morgan Multimedia any of the required transactional or listing fees would cause Morgan Multimedia to violate any law.

      You acknowledge and agree that the Morgan Multimedia Websites and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Morgan Multimedia and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Morgan Multimedia, in its sole discretion. Morgan Multimedia may also terminate access to, or membership in, the Morgan Multimedia Websites, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of the Morgan Multimedia Websites, including without limitation, information posted on message boards.

      You expressly acknowledge and agree that the Morgan Multimedia Websites 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 Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Morgan Multimedia, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various Networks; and (b) changes to conform and adapt to technical requirements of connecting Networks or devices. You further acknowledge and agree that other data collected and maintained by Morgan Multimedia with regard to its users may be disclosed in accordance with Morgan Multimedia' Privacy Policy.

      Morgan Multimedia also may suspend or terminate any user account for any Product or Service because of user inactivity or nonpayment. For example, a Morgan Multimedia Featured Listings account may be terminated or suspended if a user fails to pay for any portion of the current term or subsequent renewal terms; please see your Morgan Multimedia Services Agreement for more information regarding Morgan Multimedia policies concerning account termination. What is considered "user inactivity" or "nonpayment" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity or nonpayment, your right to use such Product or Service immediately ceases.
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    7. LICENSE TO USER CONTENT
      With respect to any Content posted by or in connection with the Products and Services, you grant Morgan Multimedia a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere within the Morgan Multimedia Websites. Such license shall apply with respect to any form, media, or technology now known or later developed.
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    8. MLSCLIENTCONNECT
      As more fully described in the license agreement: you may only use the software for your personal, non-commercial use; you may not reverse engineer, decompile, disassemble, derive the source code of, modify, or create derivative works from the software; you may not copy, distribute, publicly display, or publicly perform the software other than as expressly permitted; the software is supplied "as is" and all use is at your own risk; Morgan Multimedia disclaims all liability arising from or relating to the software; Morgan Multimedia disclaims all representations or warranties, including without limitation, implied warranties of fitness for particular purpose, merchantability, noninfringement of proprietary rights, or any representation or warranty that the operation of the software will be uninterrupted, timely, or error-free.

      Each user may use one password and may not use additional passwords. Each user is required to use his or her password for his or her own use only. Users may not permit others to use their passwords.
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    9. EMAIL
      Before you register for a Morgan Multimedia Email account, you must read and agree to these Terms of Use and the Morgan Multimedia Mail Terms of Service, including any future amendments.

      Morgan Multimedia offers subscription and unpaid versions of its electronic mail services. For users of any email services, Morgan Multimedia reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user's account has been inactive. Specifically, Morgan Multimedia reserves the right, in its sole discretion, to delete any materials (including emails) stored in connection with an unpaid email account or if the user's account has been inactive for thirty (30) days or if the subscription version has not been paid. If you subscribe to Morgan Multimedia Mail, you agree to be bound by the subscription agreement.
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    10. SHOPPING
      Users may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the user's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.
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    11. WEB PUBLISHING (TEMPLATES, DOMAINS, HTML)
      In General Morgan Multimedia offers versions of the Enom templates and HTML editors that are free of charge, exclusive of Internet or other telecommunications and computer equipment charges and fees. Any aspect of such services may be modified by Morgan Multimedia for any reason or for no reason at all, in Morgan Multimedia' sole discretion, without prior notice, or any notice.

      Services License By submitting a web page to the unpaid versions of Enom, or any other unpaid web page hosting service on the Morgan Multimedia Websites, you grant Morgan Multimedia a royalty-free, nonexclusive, worldwide, unrestricted license to use, copy, transmit, publicly display, publicly perform, create compilations including, and distribute such web page, and any associated Content, for the limited purposes of publishing and promoting the user's web page in connection with the particular service with which the user has chosen to have the web page hosted and for publishing and promoting such web page elsewhere within the Morgan Multimedia Websites. Such license shall apply with respect to any form, media, or technology now known or later developed. The term of the license will extend only for the duration of the user's membership with the particular Morgan Multimedia Websites service (e.g., Enom). In the event that such membership is terminated, Morgan Multimedia will relinquish all rights to the user's Content as described above following the duration of any applicable promotional activities ongoing at the time the membership is terminated. You acknowledge and agree that Morgan Multimedia runs advertisements on the web pages of its users of unpaid services and grant Morgan Multimedia the right to do so. These advertisements may include, without limitation, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such advertising are subject to change.

      Scrapping With certain Web Publishing services, you may make your content available for "scrapping." This means that you allow other users to copy your content and to incorporate it into their home pages or Planets. If you post content on your home page or Planet, and if you make it available for scrapping, you represent and warrant that (a) you are the owner of such content and (b) that the posting of such content by you-and the copying and posting of such content by another user-will not violate the copyright, patent, trademark, trade secret, privacy, publicity, or other right of any party.

      Advertisements You acknowledge and agree that Morgan Multimedia runs advertisements on the web pages of its users of unpaid services and grant Morgan Multimedia the right to do so. These advertisements may include, without limitation, "banner" advertisements and "pop-up text" advertisements. The manner, mode, and extent of such advertising are subject to change.

      Please read the entire Terms and Conditions as all Morgan Multimedia Websites properties, Products and Services are subject to these Terms and Conditions.
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    12. DISCLAIMER OF WARRANTIES
      THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MORGAN MULTIMEDIA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MORGAN MULTIMEDIA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. MORGAN MULTIMEDIA SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

      YOU EXPRESSLY UNDERSTAND AND AGREE THAT MORGAN MULTIMEDIA DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. MORGAN MULTIMEDIA DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. MORGAN MULTIMEDIA DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. MORGAN MULTIMEDIA MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY MORGAN MULTIMEDIA.

      YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

      Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
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    13. LIMITATION OF LIABILITY
      YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL MORGAN MULTIMEDIA OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF MORGAN MULTIMEDIA OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

      SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE MORGAN MULTIMEDIA WEBSITES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

      SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT STORED THROUGHOUT THE MORGAN MULTIMEDIA WEBSITES.

      UNDER NO CIRCUMSTANCES SHALL MORGAN MULTIMEDIA OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

      In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
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    14. DISCLAIMER REGARDING THIRD PARTY CONTENT
      The Morgan Multimedia Websites offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites displayed as search results or contained within a directory of links, Morgan Multimedia has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on the Morgan Multimedia Websites or provided to the Morgan Multimedia Websites by third parties, Morgan Multimedia may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through the Morgan Multimedia Websites from such sources is developed by people over whom the Morgan Multimedia Websites exercises no control. The search results that appear from the catalogs indexed by the Morgan Multimedia Websites's spiders or web robots are automated, and the Morgan Multimedia Websites cannot and does not screen the sites before including them in the catalogs from which such automated search results are gathered. Similarly, web pages hosted by the Morgan Multimedia Websites are posted by third parties, and, with the exception of certain automated screening functions, Morgan Multimedia cannot and does not screen such web pages before they are made accessible to other users of the Morgan Multimedia Websites. Accordingly, neither the Morgan Multimedia Websites nor its licensors assume any responsibility for the content of any site included in any search results or otherwise linked to the Morgan Multimedia Websites web sites or in any web page hosted for a third party within the Morgan Multimedia Websites. In instances where the Morgan Multimedia Websites does review the sites that are displayed in directories, indices, and/or references, or where the Morgan Multimedia Websites makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by Morgan Multimedia, if any, is narrowly limited to that which is necessary for compiling the particular set of links.
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    15. STORAGE
      Many features of the Morgan Multimedia Websites store information on behalf of users. Examples include, but are not limited to, email messages, chat, web pages, message boards, calendar functions, and postings on MLS Client Connect. Morgan Multimedia reserves the right, in its sole discretion, to limit the amount of storage space available per user or to delete materials stored for an excessive period while the user's account has been inactive.
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    16. MORGAN MULTIMEDIA WEBSITES IMAGE GALLERY
      LIMITED LICENSE: Use of the Morgan Multimedia Image Gallery indicates your acceptance of the following terms and conditions and the Morgan Multimedia Websites Terms and Conditions. The images made available through the Morgan Multimedia Image Gallery are copyrighted images which may also be subject to certain other legal rights. You may only utilize each image for personal, home use or for any of the following purposes: criticism, comment, news reporting, teaching (includes multiple copies for classroom use), scholarship or research. You may not create derivative works from an image, display or distribute copies of it, publish it, use it in a performance, or modify it in any manner except size. You may not distribute or sublicense the images nor use the images in any commercial, advertising, marketing or professional manner whatsoever. Neither Morgan Multimedia nor our photo providers will be responsible or liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from your access to or use or misuse of the images displayed on the Morgan Multimedia Image Gallery.
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    17. ADVERTISERS AND CONTENT LINKED TO THE MORGAN MULTIMEDIA WEBSITES
      Morgan Multimedia may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the Morgan Multimedia Websites to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Morgan Multimedia has no control over such sites and resources. You acknowledge and agree that Morgan Multimedia 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 Morgan Multimedia 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.

      Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Morgan Multimedia Websites Products and Services, 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 Morgan Multimedia 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 Product and Services.

      Morgan Multimedia encourages you to exercise discretion while using the Products and Services to browse the Internet. Morgan Multimedia may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Morgan Multimedia makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to the Morgan Multimedia Websites web sites. Morgan Multimedia shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the Morgan Multimedia Websites' search results or otherwise linked to the Morgan Multimedia Websites web sites or provided to the Morgan Multimedia Websites by third parties.
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    18. THE MORGAN MULTIMEDIA WEBSITES LOGOS
      1. Linking to the Morgan Multimedia Websites
        The Morgan Multimedia Websites offers a non-assignable, non-transferable, and non-exclusive license to link to the Morgan Multimedia Websites' web sites, using the Morgan Multimedia Websites logos, subject to the following provisions. The Morgan Multimedia Websites logos may be placed on a Web site for the sole purpose of creating a link to the Morgan Multimedia Websites and allowing users of your site to access the Products and Services on the Morgan Multimedia Websites. The Morgan Multimedia Websites logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by the Morgan Multimedia Websites. The Morgan Multimedia Websites logos may only be used in accordance with the Morgan Multimedia Trademark Usage Guidelines and the instructions found at the http://www.Morgan Multimedia.com/linktoMorgan Multimedia.html link, and may only be used in the exact size, shape, colors, design, and configuration as found on those web pages. The Morgan Multimedia Websites logos and search boxes may not be altered in any manner. The Morgan Multimedia Websites logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. The Morgan Multimedia Websites logos may not be used to disparage the Morgan Multimedia Websites, its products or services, or in a manner which, in Morgan Multimedia's reasonable judgment, may diminish or otherwise damage Morgan Multimedia's good will in the Morgan Multimedia Websites logos. By using any such Morgan Multimedia Websites logo, you acknowledge that the Morgan Multimedia Websites have exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of the Morgan Multimedia Websites. If you use the Morgan Multimedia Websites logos, you must include appropriate attribution, for example: "Morgan Multimedia® is a registered trademark of Morgan Multimedia, Inc." Morgan Multimedia reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. Morgan Multimedia reserves the right to take action against any use that does not conform to these provisions.
      2. Permissions
        If you would like permission to use any Morgan Multimedia trademark, logo, service mark, trade dress, slogan, screen shot, copyrighted design, or other brand feature, then please review the Morgan Multimedia Trademark Usage Guidelines.

        Once you have reviewed our Guidelines, please email the Permissions Agent at webmaster@morganmm.com, specifying from which Product or Service you would like to use information. The Permissions Agent will contact you with the Permission Form. Your request will be processed once we receive your completed Permission Form. Please note that Morgan Multimedia grants permission only on a per-item, per-project basis.

        Your request will be processed once we receive your completed Permission Form. You will typically receive a response within ten (10) business days. If your request is approved, that approval will be expressly subject to the above-referenced Guidelines as well as all additional terms set forth in Morgan Multimedia's Permission Approval Letter.

        Approved Morgan Multimedia Websites logos may be downloaded and used to link to the Morgan Multimedia Websites, without specific, written permission.

        Please do not call or contact our Registered Copyright Agent with any Permission requests.
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    19. NO LICENSE; INTELLECTUAL PROPERTY OF MORGAN MULTIMEDIA AND OTHERS
      Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of the Morgan Multimedia Websites's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Morgan Multimedia Websites and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Morgan Multimedia and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Morgan Multimedia in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Morgan Multimedia, any of Morgan Multimedia's affiliates, or any of Morgan Multimedia's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the Morgan Multimedia Websites of any purpose other than the purpose for which such Content is made available to users by Morgan Multimedia. You agree not to defame or disparage Morgan Multimedia, the trademarks or service marks of Morgan Multimedia, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the Morgan Multimedia Websites.
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    20. INDEMNITY AND RELEASE
      By using the Morgan Multimedia Websites web sites you agree to indemnify Morgan Multimedia, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Morgan Multimedia Websites web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Morgan Multimedia or from any person's use of any account or password you maintain with any portion of the Morgan Multimedia Websites, regardless of whether such use is authorized by you. By using the Morgan Multimedia Websites, using the Products and Services, or submitting any ideas and/or related materials to Morgan Multimedia, you are hereby agreeing to release Morgan Multimedia and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Morgan Multimedia. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
      "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
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    21. LIMITATION OF ACTIONS
      You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Morgan Multimedia Websites or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
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    22. COPYRIGHT, TRADEMARK
      Copyright © 2007 Morgan Multimedia, Inc.

      The following trademarks and service marks are owned by Morgan Multimedia, Inc. and its subsidiaries: MORGAN MULTIMEDIA, MLS CLIENT CONNECT, SPINTOURS. All other marks that appear throughout the Products and Services belong to Morgan Multimedia, Inc. members of the Morgan Multimedia Websites, or the respective owners of such marks, and are protected by U.S. and international law. Any use of any of the marks appearing throughout the Products and Services without the express written consent of Morgan Multimedia, Inc. or the owner of the mark, as appropriate, is strictly prohibited.
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    23. CLAIMS OF COPYRIGHT INFRINGEMENT
      If you believe that your work has been copied in any way that constitutes copyright infringement, please provide the Morgan Multimedia copyright agent with a notification containing the following information:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. Identification of the copyrighted work claimed to have been infringed.
      3. Identification of the material that is claimed to be infringing, and the URL and other information reasonably sufficient to permit us to locate the material.
      4. Your name, address, telephone number, and email address.
      5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      Morgan Multimedia's agent for notice of claims of copyright infringement is

      Registered Copyright Agent
      Morgan Multimedia, Inc.
      4675 Stevens Creek Blvd.
      Suite 111
      Santa Clara, CA 95051
      Telephone: 408.984.4600
      Fax: 408.984.4730
      Email address: webmaster@morganmm.com

      It is the policy of Morgan Multimedia, in appropriate circumstances, to disable and/or terminate the accounts of users who engage in repeated copyright infringement. Morgan Multimedia reserves the right to transmit the notification to the user of the site containing the allegedly infringing material. Morgan Multimedia also reserves the right to transmit any counter notification to the complaining party.
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    24. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
      Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the California applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any user's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Santa Clara, California, and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in California having jurisdiction thereof. Except as set forth above, the state and federal courts of California shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the state and federal courts in California with respect to all such disputes.
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    25. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
      The Morgan Multimedia Websites reserve the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. The Morgan Multimedia Websites reserve the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
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    26. MERGER
      These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Morgan Multimedia's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual Morgan Multimedia Websites web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.
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    27. NON-WAIVER AND SEPARABILITY
      Morgan Multimedia's failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions 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 agree that the other provisions of these Terms and Conditions remain in full force and effect.
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    28. RELATIONSHIP OF PARTIES
      You acknowledge and agree that you and Morgan Multimedia are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other.
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    29. NO RESALE, ASSIGNMENT, OR SUBLICENSING
      You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms and Conditions without prior express written authorization of Morgan Multimedia.
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    30. SUCCESSORS AND ASSIGNS
      Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
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    31. TERMINATION; SURVIVAL
      These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by Morgan Multimedia. All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
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    32. COMMUNICATIONS WITH USERS
      You consent to receive communications from Morgan Multimedia concerning your use of the Products and Services ("Communications"). The Communications may be those that Morgan Multimedia is required to send to you by law concerning the Products and Services ("Required Communications"). The Communications may also be those that Morgan Multimedia sends to you for other reasons. You consent to receive Communications electronically. Morgan Multimedia may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on the Morgan Multimedia Websites. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which Morgan Multimedia sends Communications by visiting your account information page.

      For a period of 120 days from the date that Morgan Multimedia first provided a Required Communication to you in electronic form, you may request a paper copy of such Required Communication by sending a request to Morgan Multimedia, Inc., 4675 Stevens Creek Blvd. Suite 111, Santa Clara, CA 95051, Attention: Customer Service (the "Customer Service Address"). Morgan Multimedia may charge a reasonable fee for providing paper copies. You may, without payment of special fees, withdraw your consent to receive Required Communications electronically by sending a notice to the Customer Service Address that identifies your full name, user name and postal mailing address. However, if you withdraw such consent, then Morgan Multimedia reserves the right to terminate your right to use the Products and Services, including, without limitation, by terminating your account and any subscription services that you may have.

      In order to receive Required Communications, you must provide Morgan Multimedia, upon registration with the Morgan Multimedia Websites, a valid email address to which Morgan Multimedia may send electronic mail. Your computer must also have a modem or other means of Internet access, an Internet browser such as Internet Explorer version 5.x or above or Netscape Navigator version 6.x or above, email communications software capable of receiving and storing electronic mail, and a printer, if you wish, for printing electronic communications. Morgan Multimedia will provide notice of any changes to these requirements.
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    33. SUBMISSIONS OF IDEAS
      The Morgan Multimedia Websites is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to the Morgan Multimedia Websites, we would like to hear them -- but any submission will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO MORGAN MULTIMEDIA BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO MORGAN MULTIMEDIA, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO MORGAN MULTIMEDIA THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT MORGAN MULTIMEDIA IS FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY MORGAN MULTIMEDIA, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
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    34. EXPORT CONTROLS
      Certain software, and related documentation or technical information, available through the Morgan Multimedia Websites is subject to applicable laws and regulations of the United States pertaining to export controls. By using such software or related documentation or technical information, you represent and warrant that you are not located in, or under the control of, or a national or resident of any embargoed country or any country on the U.S. Department of Commerce's Table of Denial Orders. You agree not to export or re-export such software or related documentation or technical information directly or indirectly to any countries that are subject to United States export restrictions.
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    35. STANDARD ADVERTISING TERMS AND CONDITIONS
      Special terms apply for advertising on the Morgan Multimedia Websites:
      Contact Morgan Multimedia for advertising terms and conditions.
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    36. VIOLATIONS OF TERMS AND CONDITIONS
      Should you violate these Terms and Conditions or any other rights of Morgan Multimedia and the Morgan Multimedia Websites, Morgan Multimedia reserves the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the Morgan Multimedia Websites web sites.

      If you are aware of any violations of these Terms and Conditions, please report them to:

      Morgan Multimedia Websites Abuse Manager
      4675 Stevens Creek Blvd., Suite 111
      Santa Clara, CA 95051
      Email Address: webmaster@morganmm.com

      Please read the entire Terms and Conditions, as all Morgan Multimedia Websites properties, Products and Services are offered subject to these Terms and Conditions.
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    We hope your enjoyment of Morgan Multimedia's Products and Services will be enhanced by the application of these Terms and Conditions. It is our belief that your understanding of the guidelines we have set forth will allow the Morgan Multimedia community to continue to be a place where each of us can prosper, grow, and enjoy ourselves within an open and non-threatening environment. Thank you for taking the time to read these Terms and Conditions and we hope you enjoy our Products and Services.

    Last updated December 11, 2007.

     

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