Welcome
to the www.msnlive-messenger.com website (the "Site").
www.msnlive-messenger.com is a 3rd party affiliate website providing
links to downloadable software provider websites for convenience only.
Actual product availability and quantity may change depending on
service provider updates. The site and any products and/or services
that you may receive from one of our service provider partners are
provided to you on an "AS IS" and "AS AVAILABLE" basis, and all
warranties, expressed and implied, are disclaimed to the fullest extent
permissible pursuant to applicable law (including, but not limited to,
the disclaimer of any warranties of merchantability, non-infringement
of intellectual property and/or fitness for a particular purpose).
www.msnlive-messenger.com makes no warranty that the site and/or
products and/or services, and service compatibility provided by our
recommended downloadable product provider will meet your requirements.
The images and screenshot from service providers placed on the site are
presented for convenient identification purpose only.
www.msnlive-messenger.com is not directly affiliated, endorsed,
sponsored, authorized by, or associated with the respected service
provider.
By using and/or accessing the Site, you are agreeing
to comply with and be bound by the following Terms and Conditions (the
"Agreement"). Please review the following terms of this Agreement
carefully. If you do not agree to this Agreement in its entirety, you
are not authorized to use this Site in any manner or form.
1.
Acceptance of Agreement. You agree to the terms and conditions outlined
in this Agreement with respect to your use of the Site. This Agreement,
together with the Site Privacy Policy, constitute the entire and only
agreement between you and www.msnlive-messenger.com with respect to
your use of the Site, and supersede all prior or contemporaneous
agreements, representations, warranties and/or understandings with
respect to the Site. We may amend this Agreement from time to time in
our sole discretion, without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site. By your continued use of the Site,
you hereby agree to all the terms and conditions contained within the
Agreement effective at that time. Therefore, you should regularly check
this page for updates and/or changes.
2. Requirements. The Site
is available only to individuals who can enter into legally binding
contracts under applicable law. The Site is not intended for use by
individuals under eighteen (18) years of age. If you are under eighteen
(18) years of age and/or not a citizen of the United States, you do not
have permission to use and/or access the Site.
3. License Grant.
As a user of this Site, you are granted a non-exclusive,
non-transferable, revocable and limited license to access and use the
Site and associated Site content in accordance with this Agreement.
www.msnlive-messenger.com may terminate this license at any time for
any reason. You may use the Site on one computer for your own personal,
non-commercial use. No part of the Site may be reproduced in any form
or incorporated into any information retrieval system, electronic or
mechanical. You may not use, copy, emulate, clone, rent, lease, sell,
modify, decompile, disassemble, reverse engineer or transfer the Site,
Site content or any portion thereof. www.msnlive-messenger.com reserves
any rights not explicitly granted in this Agreement. You may not use
any device, software or routine to interfere or attempt to interfere
with the proper working of the Site. You may not take any action that
imposes an unreasonable or disproportionately large load on
www.msnlive-messenger.com infrastructure. Your right to use the Site is
not transferable.
4. Proprietary Rights. The content,
organization, graphics, design, compilation, magnetic translation,
digital conversion, software, services and other matters related to the
Site are protected under applicable copyrights, trademarks and other
proprietary (including, but not limited to, intellectual property)
rights. The copying, redistribution or publication by you of any part
of the Site is strictly prohibited. You do not acquire ownership rights
to any content, document, software, services or other materials viewed
at or through the Site. The posting of information or material at the
Site by www.msnlive-messenger.com does not constitute a waiver of any
right in such information and/or materials.
5. Editing, Deleting
and Modification. We reserve the right in our sole discretion to edit
and/or delete any documents, information or other content appearing on
the Site.
6. Indemnification. You agree to indemnify and hold
www.msnlive-messenger.com, its parents, subsidiaries and affiliates,
and each of their respective members, officers, directors, employees
and agents, harmless from and against any and all claims, expenses
(including reasonable attorneys' fees, costs and settlement costs),
damages, suits, costs, demands and/or judgments whatsoever, made by any
third party due to or arising out of or in connection with: (a) your
use of the Site; (b) your breach of this Agreement; (c) your violation
of any rights of another individual and/or entity; and/or (d) your use
of any products and/or services provided from an
www.msnlive-messenger.com Service Provider Affiliate. The provisions of
this paragraph are for the benefit of www.msnlive-messenger.com, its
parent, subsidiaries and affiliates, and each of their respective
officers, directors, employees, agents, shareholders, licensors,
suppliers and attorneys. Each of these individuals and entities shall
have the right to assert and enforce these provisions directly against
you on its own behalf.
7. Disclaimer of Warranties. THE SITE AND
ANY PRODUCTS AND/OR SERVICES THAT YOU MAY RECEIVE FROM ONE OF OUR
SERVICE PROVIDER AFFILIATES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS
AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE
DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW
(INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR
FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, www.msnlive-messenger.com MAKES NO WARRANTY THAT:
(A) THE SITE AND/OR PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE
PROVIDER AFFILIATES WILL MEET YOUR REQUIREMENTS: (B) THE SITE AND/OR
PRODUCTS AND/OR SERVICES PROVIDED BY OUR SERVICE PROVIDER AFFILIATES
WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (C) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE
OR RELIABLE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER
LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE
UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
www.msnlive-messenger.com, ONE OF ITS SERVICE PROVIDER AFFILIATES OR
THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THIS AGREEMENT.
8. Limitation of Liability. YOU
EXPRESSLY UNDERSTAND AND AGREE THAT www.msnlive-messenger.com SHALL NOT
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF www.msnlive-messenger.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT
PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE AN
www.msnlive-messenger.com SERVICE PROVIDER AFFILIATE PRODUCT AND/OR
SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED
OR OBTAINED FROM THE SITE, THE SERVICE PROVIDER AFFILIATE SITE, OR
TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR A SERVICE
PROVIDER AFFILIATE SITE; AND (C) ANY OTHER MATTER RELATING TO THE
www.msnlive-messenger.com SERVICE AND/OR SITE. THIS LIMITATION APPLIES
TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED
TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT
LIABILITY, MISREPRESENTATIONS, AND ANY AND ALL OTHER TORTS. YOU HEREBY
RELEASE www.msnlive-messenger.com FROM ANY AND ALL OBLIGATIONS,
LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF
APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY
OF www.msnlive-messenger.com TO YOU UNDER ANY AND ALL CIRCUMSTANCES
WILL BE EQUAL TO THE AMOUNTS YOU PAID, IF ANY, FOR
www.msnlive-messenger.com SERVICE PROVIDER AFFILIATE PRODUCTS AND/OR
SERVICES. YOU HEREBY RELEASE www.msnlive-messenger.com FROM ANY AND ALL
OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET
FORTH IN THIS SECTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A
FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND
www.msnlive-messenger.com. THIS SITE AND THE PRODUCTS AND SERVICES
AVAILABLE THOUGH USE OF THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT
SUCH LIMITATIONS.
9. Service Provider AffiliateWebsites. The
Site provides links to Service Provider Affiliate and other third party
Internet websites and/or resources. Because www.msnlive-messenger.com
has no control over such websites and/or resources, you hereby
acknowledge and agree that www.msnlive-messenger.com is not responsible
for the availability of such websites and/or resources. Furthermore,
www.msnlive-messenger.com does not endorse, and is not responsible or
liable for, any terms and conditions, privacy policies, content,
advertising, services, products and/or other materials at or available
from such Service Provider Affiliate and/or other third party websites
or resources, or for any damages and/or losses arising therefrom.
10.
Legal Warning. Any attempt by any individual, whether or not an
www.msnlive-messenger.com customer, to damage, destroy, tamper with,
vandalize and/or otherwise interfere with the operation of this Site,
is a violation of criminal and civil law and www.msnlive-messenger.com
will diligently pursue any and all remedies in this regard against any
offending individual or entity to the fullest extent permissible at law
and in equity.
11. Miscellaneous. This Agreement shall be
treated as though it were executed and performed in Los Angeles,
California and shall be governed by and construed in accordance with
the laws of the State of California (without regard to its conflict of
law principles). Should a dispute arise concerning the terms and
conditions of this Agreement, or the breach of same by either party
hereto, the parties agree to submit their dispute for resolution by
arbitration before the American Arbitration Association in Los Angeles,
in accordance with the then current Commercial Arbitration Rules of the
American Arbitration Association. Any award rendered shall be final and
conclusive to the parties and a judgment thereon may be entered in any
court of competent jurisdiction. Nothing herein shall be construed to
preclude any party from seeking injunctive relief in order to protect
its rights pending an outcome in arbitration. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions
shall remain in full force and effect. This Agreement is personal
between you and www.msnlive-messenger.com and governs your use of the
Site and/or any www.msnlive-messenger.com service, superseding any and
all prior and/or contemporaneous agreements between you and
www.msnlive-messenger.com. To the extent that anything in or associated
with the Site and/or any www.msnlive-messenger.com service is in
conflict or inconsistent with this Agreement, this Agreement shall take
precedence. Our failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision nor of the right to
enforce such provision. The parties do not intend that any agency or
partnership relationship be created through operation of this Agreement.
AUTHORIZATION
BY
OBTAINING, OR ATTEMPTING TO OBTAIN, SERVICES THROUGH USE OF THE
www.msnlive-messenger.com SITE, YOU REPRESENT AND WARRANT THAT YOU ARE
AT LEAST EIGHTEEN (18) YEARS OF AGE.