| terms of service and toolbar license | |
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Section 1: MIDDLESPOT
TOOLBAR LICENSE
Important — please read
the terms of this software license agreement ("Toolbar License") carefully.
By clicking on the "I Agree" button or by downloading or installing or
using the Toolbar (as defined below), (1) you acknowledge that you agree to be
bound by this Toolbar License, and (2) you represent that you have the authority
to enter into this Toolbar License.
If you do not agree to all terms and conditions of this Toolbar License you
should click on the "Cancel" button to discontinue the download or stop the
installation of the Toolbar (as the case may be), or should discontinue any use
of the Toolbar.
This Toolbar License is a
legal agreement between you, the end user ("End User" or "you")
and Black Fin Software Limited
of 7th floor, 2 Airways House, High Street, Sliema, Malta
SLM 1549 ("Middlespot", "us" or "we"),
for the license of the Middlespot toolbar for the Microsoft Internet Explorer
web-browser and Firefox web-browser, including the
current computer software and electronic documentation
of the same (the "Toolbar").
1. TOOLBAR LICENSE. Middlespot grants you a non-transferable, non-exclusive, non-sublicensable, royalty-free and fully paid, right and license to install and execute the Toolbar on one of your computers, in executable object code format only, for your personal, non-commercial use only, subject to the terms and conditions of this Toolbar License. You are permitted to download the Toolbar multiple times in order to install the Toolbar on multiple computers, provided that you agree to the terms and conditions of this Toolbar License each time you download the Toolbar. The Toolbar does not include any improvements or upgrades which we may invent, make or develop after the date of this Agreement.
2.
RESTRICTIONS. You may not
modify, make derivative works of, copy, reproduce, publish, or reverse engineer
the Toolbar. You may not
assign this licence or grant a right, sublicence or
authority to any other person, firm or corporation to
use, distribute,
promote, advertise, market, sell, lease or
licence the Toolbar,or
otherwise transfer or exploit any rights
to the Toolbar. You may not use the Toolbar in any manner that could damage,
disable, overburden or impair the Middlespot website ("Website"), nor may
you use the Toolbar in any manner that could interfere with any other party's
use and enjoyment of the Website.
You agree that you will use the Toolbar for lawful purposes and only in
compliance with all applicable laws, including but not limited to copyright and
other intellectual property laws. Your right to use the Toolbar will terminate
immediately if you violate any provision of this Toolbar License.
Upon termination, you may no longer use the Toolbar.
3.
INTELLECTUAL PROPERTY. You
acknowledges and agree that you have no right, title
or interest in the Toolbar, nor any part
thereof, except the right to use the same as herein set out in this licence
and that nothing herein will be construed as an
assignment or a grant to you of any right, title or interest in and
to the Toolbar.
You acknowledge and agree that should any right, title or interest in and
to the Toolbar, or any part thereof, become vested in you by operation of law or
otherwise, you will hold the same in trust for Middlespot and will at our
request forfeit the same unconditionally to us.
You acknowledge that Middlespot owns all rights, title and interest,
including without limitation all Intellectual Property Rights, in and to the
Toolbar, portions thereof, or software provided through or in conjunction with
the Toolbar. "Intellectual Property Rights" means all
rights existing from time to time under patent law, copyright law, trade secret
law, trademark law, unfair competition law and all other proprietary rights, and
all applications, renewals, extensions and restorations thereof, now or
hereafter in force and effect worldwide.
You also agree not to remove, obscure, or alter
Middlespot’s copyright notice, trademarks or other proprietary rights
notices affixed to or contained within or accessed in conjunction with or
through the Toolbar. All
rights not expressly granted to you are reserved by
Middlespot.
4.
DISCLAIMER OF WARRANTIES. Middlespot and its
licensors disclaim any responsibility for harm resulting from your use of
the Toolbar. The Toolbar is provided
"as is," with no warranties whatsoever. Middlespot and
its licensors expressly disclaim to the fullest extent permitted by law
all express, implied, and statutory warranties, including without limitation the
warranties of merchantability, fitness for a particular purpose, title, and
noninfringement of proprietary rights. Middlespot and
its licensors disclaim any warranties regarding the security, reliability,
timeliness and performance of the Toolbar.
You understand and agree that you download and use the Toolbar at your
own discretion and risk and that you will be solely responsible for any damages
to your computer system or loss of data or any other
loss that results from the download or use of the Toolbar. Some states or
other jurisdictions do not allow the exclusion of implied warranties, so the
above exclusions may not apply to you.
You may also have other rights that vary from state to state and
jurisdiction to jurisdiction.
5.
BASIS OF BARGAIN. The
warranty disclaimer and limitation of liability set forth above are fundamental
elements of the basis of the agreement between Middlespot and you.
We would not be able to provide the Toolbar on an economic basis without
such limitations. The
warranty disclaimer and limitation of liability enure
to the benefit of our suppliers.
6.
LIMITATION OF LIABILITY. Under no circumstances shall Middlespot or
its licensors be liable to any user on account
of that user's use or misuse of the Toolbar. Such limitation of liability shall
apply to prevent recovery of direct, indirect,
incidental, consequential, special, exemplary or
punitive damages, whether such claim is based on warranty, contract, tort
(including negligence) or otherwise (even if Middlespot 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 Toolbar, from the performance or misperformance of the
Toolbar, from inability to use the Toolbar, or from the interruption, suspension
or termination of the Toolbar (including such damages incurred by third
parties). Such limitation shall apply notwithstanding a failure of
the essential purpose of any limited remedy and
to the fullest extent permitted by law. Some states or other jurisdictions do
not allow the exclusion or limitation of liability for incidental or
consequential damages, so the above limitations and exclusions may not apply to
you. Middlespot’s aggregate
cumulative liability under this Toolbar License shall not exceed the amounts
paid by you for the Toolbar (if any).
7.
INDEMNIFICATION. You agree to indemnify and hold harmless Middlespot,
its licensors and their subsidiaries,
affiliates, joint ventures, suppliers, officers, directors, shareholders,
employees and agents, from any liability, cost, expense, or claim or demand made
by any third party, due to or arising directly or indirectly out of your conduct
or in connection with your use of the Toolbar or its features, any alleged
violation of this Toolbar License, or any alleged violation of any applicable
law or regulation. Middlespot reserves the
right, at its expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you,
but doing so shall not relieve you of your
indemnity obligations.
8.
Term
9.
SOFTWARE
10.
EXPORT 11.
PRIVACY
12.
RESOLUTION OF DISPUTES. If a dispute arises between
you and Middlespot, our goal is to provide you
with a neutral and cost effective means of resolving the dispute quickly.
Accordingly, you and Middlespot agree that we
will resolve any claim or controversy at law or equity that arises out of this
Toolbar License or our services (a "Claim") in accordance with one of the
paragraphs below or as we and you otherwise agree in writing. Before resorting
to these alternatives, we strongly encourage you to first contact us directly to
seek a resolution by going to the "Comments or Questions" help page
http://www.Middlespot.com/contact.php. We
will consider reasonable requests to resolve the dispute through alternative
dispute resolution procedures, such as mediation or arbitration, as alternatives
to litigation.
Law and Forum for
Disputes - This Toolbar License shall be governed in all respects by the laws of
Malta without giving effect to any conflicts of
laws principles that require the application of the law of a different
jurisdiction. You agree that any
claim or dispute you may have against Middlespot
must be resolved by a court located in
Arbitration Option - For
any claim, the party requesting relief or from whom
relief is claimed may elect to resolve the dispute in a cost effective
manner through binding non-appearance-based arbitration. In the event a party
elects arbitration, they shall initiate such arbitration through an established
alternative dispute resolution ("ADR") provider in
Improperly Filed Claims -
All claims must be resolved in accordance with this Resolution of Disputes
Section. All claims filed or brought contrary to the Resolution of Disputes
Section shall be considered improperly filed. Should you file a claim contrary
to the Resolution of Disputes Section, Middlespot
may recover attorneys' fees and costs up to $10,000,
provided that Middlespot has notified you in
writing of the improperly filed claim, and you have failed to promptly withdraw
the claim.
13.
MISCELLANEOUS PROVISIONS. If
for any reason a court of competent jurisdiction finds any provision or portion
of this Toolbar License to be unenforceable, the remainder of the Toolbar
License will continue in full force and effect.
Sections 2-7, 10, 12, and 13 of this Toolbar License will survive any
termination of this Toolbar License. This
Toolbar License constitutes the entire agreement between the parties with
respect to the subject matter hereof and supersede and replace all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter. To the extent that there is a conflict between the terms of this
Toolbar License and the terms of the Middlespot
Privacy Policy or Middlespot Terms of Service,
this Toolbar License shall have precedence as to the subject matter of this
Toolbar License. Except as otherwise provided in Section 9, any modifications of
this Toolbar License must be in writing and agreed to by both parties.
Any waiver of any provision of these Toolbar License will be effective
only if in writing and signed by Middlespot.
Questions Or Additional
Information.
If you have questions regarding this Toolbar License, or wish to obtain
additional information, please send an e-mail to privacy
at Middlespot.com. Section 2: MIDDLESPOT
TERMS OF SERVICE Middlespot, a service of Black Fin Software,
Limited. ("Middlespot", "us", or "we") provides in
connection with the Middlespot Toolbar (the "Toolbar")
and the Middlespot website, located at www.Middlespot.com,
and all subdirectories or subextensions thereof (collectively, the "Website")
services that allow users to explore the Internet, find new websites that may be
of interest to them, receive recommendations of websites from
Middlespot, collect and store websites that may
be of interest to them, and join a community of individuals with similar tastes
and interests (the "Middlespot Services").
The services offered by us include the
Middlespot Services, the Website, and any other features, content, or,
applications offered from time to time by us in connection with the
Middlespot Services and Website (collectively,
the "Services"). These Middlespot
Terms of Service ("Agreement"), along with
Middlespot’s Privacy Policy, located at http://www.Middlespot.com/privacy.php
("Privacy Policy"), set forth the legally binding terms for your
use of the Services. By accessing
and using the Services through the Toolbar or Website, you agree to comply with
and be bound by this Agreement and the Privacy Policy, whether you are a "Visitor"
(meaning you are simply browsing the Website) or you are a "Middlespot
Member" (which means that you have registered with us).
The term "User" refers to a Visitor or a
Middlespot Member. This
Agreement may be amended by Middlespot from time
to time. If we make material changes
to the Agreement, we will send you notice of the changes by sending a message to
you at your email address. You
agree that such amended Agreement will be effective on
the day that the notice is sent to you, and your
continued access to the Website or use of the Services after that time shall
constitute your acceptance of the amended Agreement.
If you sign up for additional services, those
additional services will be governed by the additional terms and unless
otherwise provided by such additional terms and conditions they are hereby
incorporated into this Agreement by reference.
1.
Middlespot Account 1.1
Eligibility. By using the Services, you represent and warrant
that: (a) all required registration information you submit is truthful and
accurate; (b) you will maintain the accuracy of such information; (c) you are
thirteen (13) years of age or older; and (d) your use of the Services does not
violate any applicable law or regulation. Your
Middlespot Profile may be deleted without warning if we have reason to
believe that you do not meet eligibility requirements.
1.2
Password. When you
sign up to become a Middlespot Member, you will
also be asked to choose a username for your Middlespot
Profile, and Middlespot will assign a password
that you may change. You are entirely responsible for maintaining the
confidentiality of your password and all use of your
Middlespot Profile. You agree
not to use the Middlespot Profile, username, or
password of another Middlespot Member at any
time. You agree to notify us immediately if you suspect any unauthorized use of
your Middlespot Profile or access to your
password.
1.3
Fees. You acknowledge
that we reserve the right to charge for the Services and to change
such fees from time to time in our discretion,
upon notice to you at the then-current e-mail address stored in your
Middlespot Profile.
Currently, we only charge fees if you choose to become a Sponsor, as
defined and described in Section 1.6 below.
Upon using the Services, you will be responsible for the payment of any
applicable fees, and shall pay such fees to us. 1.4
Restrictions. Multiple
Middlespot accounts held by the same individual
are subject to termination unless expressly authorized in advance and in writing
by Middlespot.
Accounts created with the primary intention to promote a product or
service are considered "SPAM" and subject to termination unless expressly
authorized in advance in writing by Middlespot.
1.5
Term. This Agreement
shall remain in full force and effect while you use the Services or are a
Middlespot Member. You may delete your
Middlespot Profile and end your membership at
any time, for any reason by following the instructions on the help page
(http://www.Middlespot.com/help.php). We may
terminate your membership for any reason, effective upon sending notice to you
at the then-current e-mail address in your Middlespot
Profile. 1.6
Effects of Termination.
You understand that termination of this Agreement and your
Middlespot Profile may involve deletion of your
Middlespot Profile information from our live
databases. We will not have any liability whatsoever to you for any termination
of your Middlespot Profile or related deletion
of your information. Finally, when
an account is terminated, we reserve the right to re-issue the username
you had selected to
any other person. 1.7
Sponsorship. You may
choose to become a sponsor of the Website and Services ("Sponsor") by
registering as a sponsor and paying the associated fees described on the
Becoming a Sponsor page located at http://www.Middlespot.com/advertise.php.
If you become a Sponsor, you will be entitled to the additional
functionality and privileges, and any additional restrictions or limitations,
described at http://www.Middlespot.com/advertise.php. 2.
WEBSITE. The Toolbar and
Website are made available to you for your personal, non-commercial use only (at
home or at work). You may not modify, reproduce, distribute, publish, license,
create derivative works from or sell any information or software associated with
the Website, without first obtaining written permission from
Middlespot by contacting us at the following
email address: privacy AT Middlespot.com.
Furthermore, you may not use the Toolbar or Website in any manner
that could damage, disable, overburden, or impair the Services (e.g., you may
not use the Toolbar or Website in an automated manner), nor may you use Toolbar
or Website in any manner that could interfere with any other party's use and
enjoyment of the Services. You may not use any third party toolbars, software,
or scripts to access the Website or the Websites underlying technology or
software. Your use of the Toolbar and Website are also
governed by the terms of the Toolbar Licence set out above. 3.
Intellectual Property.
3.1
Ownership.
You acknowledge that Middlespot owns all
right, title and interest in and to the Services, including without limitation,
the Toolbar, Website, and all underlying software and technology, including
without limitation all Intellectual Property Rights. "Intellectual
Property Rights" means any and all rights existing from time to time
under patent law, copyright law, trade secret law, trademark law, unfair
competition law, and any and all other proprietary rights, and any and all
applications, renewals, extensions and restorations thereof, now or hereafter in
force and effect worldwide. 3.2
Content. We do not
claim ownership in any "Content" (which means any and all postings,
e-mails, messages, recommendations, comments, text, files, images, photos,
video, sounds, works of authorship, feedback, bug reports, or other materials)
that you post on, deliver to, or otherwise make available to the Services, but
to be able to legally provide you with and promote the Services, we have to have
certain rights to use such Content in connection with the Services, as set forth
below. In return, we also
grant you certain use rights to the Content that we (or our licensors) own and
use to provide the Services to you and other Users, as set forth below. 3.3
Your Content. By
posting any Content on the Services, you hereby grant to us an unrestricted,
irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license
(with the right to sublicense through unlimited levels of sublicensees) to use,
copy, perform, display, create derivative works of, and distribute such Content
in any and all media or distribution method (now known or later developed)
throughout the world. Additionally, by posting any Content on the Services and
making your Content available to others ("Third Parties") via RSS distribution,
you hereby grant to all Third Parties an unrestricted, irrevocable, perpetual,
non-exclusive, fully-paid and royalty-free, license (with the right to
sublicense through unlimited levels of sublicensees) to copy, display, and
distribute such Content in any and all media (now known or later developed)
throughout the world. No
compensation will be paid with respect to the Content that you submit, upload,
post, transmit or otherwise make available through the Services. You should only
upload Content to the Services that you are comfortable sharing with others
under the terms and conditions set forth herein.
Other users of the Service will be able to view any Content you post to
the Services, subject to your limited ability to prevent access to your Content
by changing your account preferences and settings. 3.4
Restrictions. Except
for that Content that is owned by you, that is in the public domain, for which
you have been given written permission, or as expressly permitted under this
Agreement, you agree not to (i) modify, publish, transmit, distribute, perform,
sell, or create derivative works based on the Content and Services; and (ii)
rent, lease, loan, or sell access to the Services; (iii) decompile, reverse
engineer, or copy any Content (other than the Content you provide) or the
Services for which the source code is not provided to you.
You also agree to not remove, obscure, or alter
Middlespot’s copyright notice, trademarks, or other proprietary rights
notices affixed to or contained within Toolbar.
You will not: (i) cover or obscure the banner advertisements on your
Middlespot Profile page, or any
Middlespot page via HTML/ 3.5
Objectionable Content.
We reserve the right to remove content (including websites) that we determine in
our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory,
obscene or otherwise objectionable. Any account posting or hosting objectionable
content or recommending objectionable websites are subject to termination.
Also, we reserve the right to remove content that we determine in our
sole discretion is primarily intended to promote a product or service.
4.
Acceptable Use You are solely responsible for any and all
Content that is published or displayed ("posted", as used herein) by or
through your Middlespot Profile on the Services,
including any e-mail, and for your interactions with other Users.
4.1
Prohibited Content.
You agree that you will not post any Prohibited Content. "Prohibited Content"
includes, without limitation, Content that: (i) is offensive or promotes racism,
bigotry, hatred or physical harm of any kind; (ii) harasses or advocates
harassment of another person; (iii) involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing, or "spamming,"; (iv) is false or
misleading or promotes, endorses or furthers illegal activities; (v) promotes,
copies, performs or distributes an illegal or unauthorized copy of another
person's work that is protected by copyright or trade secret law; (vi) is
involved in the exploitation of persons under the age of eighteen (18) in a
sexual or violent manner, or solicits personal information from anyone under
eighteen (18); (vii) contains viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or similar software; or (viii) otherwise violates
the terms of this Agreement or creates liability for us. You represent and
warrant that: (a) you own the Content posted by you on the Service or otherwise
have the right to grant the license set forth in this Agreement, and (b) your
Content does not violate the privacy rights, publicity rights, copyright rights,
or other rights of any person. 4.2
Breach. Any use of the
Services in violation of this Agreement may result in, among other options,
termination or suspension of your rights to use the Services
and termination of the Toolbar Licence. In order to cooperate with
legitimate governmental requests, subpoenas or court orders, to protect our
systems and customers, or to ensure the integrity and operation of our business
and systems, we may access and disclose any information and Content we consider
necessary or appropriate, including, without limitation,
Middlespot Profile information (i.e. name,
e-mail address, etc.), IP addressing and traffic information, usage history, and
posted Content. 4.3
Enforcement by Us. We
have the right (but not the obligation) to investigate or review any Content and
delete (or modify) any Content that in our sole judgment violates this Agreement
or which is Prohibited Content, or may otherwise violate the rights, harm, or
threaten the safety of any User or any other person, or create liability for us
or any User.
4.4
Photographs. You may
not post a photograph of another person without that person's permission. 4.5
Antivirus Software.
You are responsible for installing, maintaining and using effective anti-virus
and spyware prevention technologies, and Middlespot
is not responsible for third-party websites that contain or deliver viruses,
spyware, malware, or other harmful content or code. 5.
Third Parties 5.1
Third Party Content. Content
from other Users, advertisers, and other third parties is made available to you
through the Services. Because we do not control such Content, you agree that we
are not responsible for any such Content, including advertising and information
about third party products or services.
Because we do not have control over such Content, we make no guarantees
about the accuracy, currency, suitability, or quality of the information in such
Content, and we assume no responsibility for unintended, objectionable,
inaccurate, misleading, or unlawful Content made available by other Users,
advertisers, and third parties. By
choosing your preferences, you can designate types and categories of content you
prefer to access, but Middlespot cannot
guarantee that you will only access the types and categories of information you
designate. 5.2
Responsibility.
Your interactions with other Users on the Services or with advertisers,
including payment and delivery of goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and the other User or the advertiser.
You agree that we will not be responsible for any loss or damage incurred
as the result of any such dealings or with respect to any other User's use or
disclosure of your personally identifiable information.
If there is a dispute between you and any third party (including any
User), we are under no obligation to become involved; however, we reserve the
right, but have no obligation, to monitor disputes between you and other Users. 5.3
Third-Party Websites and Partner Communities.
The Services may contain links to third-party websites ("Third-Party
Websites") (a) placed by us as a service to those interested in this
information; or (b) posted by other Users. We may also place links or enable
interoperability to other social networking communities ("Partner Communities")
or use other means to connect the Middlespot
Services to such Partner Communities to give you more possibilities. You use all
such links to Third-Party Websites and Partner Communities at your own risk.
To the extent such links are provided by us, they are provided only as a
convenience, and such link to a Third-Party Website or Partner Community does
not imply our endorsement, adoption or sponsorship of, or affiliation with, such
Third-Party Website or Partner Community. We accept no responsibility for
reviewing changes or updates to, or the quality, content, policies, nature or
reliability of Third-Party Websites or Partner Communities, or websites linking
to the Website. You should review
applicable terms and policies, including privacy and data gathering practices,
of any Third-Party Website and Partner Communities, and should make whatever
investigation you feel necessary or appropriate before proceeding with any
transaction with any third party. 6.
Copyright Policy It is our policy to terminate membership
privileges of any Middlespot Member who
repeatedly infringes copyright upon prompt notification to us by the copyright
owner or the copyright owner's legal agent. Without limiting the foregoing, if
you believe that your work has been copied and posted on the Services in a way
that constitutes copyright infringement, please provide our Copyright Agent with
the following information: (i) an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; (ii) a
description of the copyrighted work that you claim has been infringed; (iii)
a description of where the material that you claim is infringing is
located on the Services; (iv) your
address, telephone number, and e-mail address; (v) a written 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; (vi) a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's
behalf. 7.
Disclaimer of Warranties Middlespot disclaims any responsibility for
any harm resulting from your use of Toolbar or Services.
Middlespot disclaims any responsibility for
harm resulting from your use of the Services.
The Services are provided "as is," with no warranties whatsoever.
Middlespot and its licensors expressly disclaim
to the fullest extent permitted by law all express, implied, and statutory
warranties, including without limitation the warranties of merchantability,
fitness for a particular purpose, title, and noninfringement of proprietary
rights. Middlespot and its licensors disclaim
any warranties regarding the security, reliability, timeliness and performance
of the Services. You understand and
agree that you use the Services 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 from the use of the Services.
Some states or other jurisdictions do not
allow the exclusion of implied warranties, so the above exclusions may not apply
to you. You may also have other rights that vary from state to state and
jurisdiction to jurisdiction. 8.
Limitation of Liability 8.1
Disclaimer. Under
no circumstances shall Middlespot be liable to any user on account of that
user's use or misuse of the Services. Such limitation of liability shall apply
to prevent recovery of direct, indirect,
incidental, consequential, special, exemplary, and punitive damages whether such
claim is based on warranty, contract, tort (including negligence), or otherwise,
(even if Middlespot has 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 Services, from inability to use
the Toolbar and Services, or from the interruption, suspension, or
termination of the Toolbar and Services
(including such damages incurred by third parties). Such limitation shall apply
notwithstanding a failure of essential purpose of any limited remedy and to the
fullest extent permitted by law.
8.2
Limitation.
Notwithstanding anything to the contrary contained herein, our liability to you
for any damages arising from or related to (for any cause whatsoever and
regardless of the form of the action), will at all times be limited to the
greater of fifty us dollars ($50) and the amounts you paid to us in the twelve
(12) months prior to the accrual of the claim.
Some states or other jurisdictions do not
allow the exclusion or limitation of liability for incidental or consequential
damages, so the above limitations and exclusions may not apply to you.
8.3
Release. You hereby
release us, our officers, employees, agents and successors from claims, demands
any and all losses, damages, rights, claims, and actions of any kind including,
without limitation, personal injuries, death, and property damage, that is
either directly or indirectly related to or arises from (i) any interactions
with other Users, or (ii) your participation in any of our offline events. If you are a California resident, you hereby
waive California Civil Code Section 1542, which states: "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, if known by him must
have materially affected his settlement with the debtor." 9.
COMMENTS. If you have
comments on the Middlespot Toolbar and Website or ideas on how to improve it,
please contact us at http://www.Middlespot.com/contact.php
Please note that by doing so, you also grant
Middlespot permission to use and incorporate
your ideas or comments into Middlespot Toolbar
and Website without further compensation. 10.
resolution of disputes If a dispute arises between
you and Middlespot, our goal is to provide you
with a neutral and cost effective means of resolving the dispute quickly.
Accordingly, you and Middlespot agree that we
will resolve any claim or controversy at law or equity that arises out of this
Agreement or our services (a "Claim") in accordance with one of the paragraphs
below or as we and you otherwise agree in writing. Before resorting to these
alternatives, we strongly encourage you to first contact us directly to seek a
resolution by going to the "Comments or Questions" help page located at
http://www.Middlespot.com/contact.php. We
will consider reasonable requests to resolve the dispute through alternative
dispute resolution procedures, such as mediation or arbitration, as alternatives
to litigation. Law and Forum for
Disputes - This Agreement shall be governed in all respects by the laws of
Malta without giving effect to any conflicts of
laws principles that require the application of the law of a different
jurisdiction. You agree that any
claim or dispute you may have against Middlespot
must be resolved by a court located in
Arbitration Option - For
any claim, the party requesting relief or
from whom relief is
claimed may elect to resolve the dispute in a cost effective manner
through binding non-appearance-based arbitration. In the event a party elects
arbitration, they shall initiate such arbitration through an established
alternative dispute resolution ("ADR") provider in
Improperly Filed Claims -
All claims must be resolved in accordance with this Resolution of Disputes
Section. All claims filed or brought contrary to the Resolution of Disputes
Section shall be considered improperly filed. Should you file a claim contrary
to the Resolution of Disputes Section,
Middlespot may recover attorneys' fees and costs
up to $10,000,
provided that
Middlespot has notified you in writing of the improperly filed claim, and
you have failed to promptly withdraw the claim.
11.
DISCLOSURES Middlespot, is
a service of Black Fin Software limited
7th Floor, 2 Airways House, 12.
Miscellaneous Provisions
This document was last
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