PLEASE READ THE FOLLOWING TERMS OF SERVICE
AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR
WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL
TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR
PROSPECTIVE CUSTOMER TO READ THE TERMS AND
CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO
NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND
CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE
OR OUR SERVICES.
The present terms and conditions (this “Agreement” or “Terms“) is a legal agreement
between you and MP Strategic Marketing (hereinafter “MPSM“), a company duly organized
and validly existing, located at , Orlando, Florida 32839. This Agreement annuls and voids all
previous agreements.
By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These Terms apply to
all users of the Site, including without limitation users who are browsers, vendors, customers,
merchants, and/or contributors of content. In the event of an inconsistency between this
Agreement and any additional terms or policies referenced herein, the provisions of the
additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or usingany part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms
of this Agreement, then you may not access the Site or use any Service. If these Terms are
considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the
Terms. You can review the most current version of the Terms at any time on this page. We
reserve the right to update, change or replace any part of these Terms by posting updates and/
or changes to our Site. It is your responsibility to check this page periodically for changes.
Your continued use of or access to the Site following the posting of any changes constitutes
acceptance of those changes.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us.
Please note that you cannot opt out of receiving these notices. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale,
create derivative works, or in any way exploit any of the content, in whole or in part, found on
the Site. MPSM content is not for resale. Use of the Site does not entitle users to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content without the express written
permission of MPSM and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of MPSM or our licensors except as expressly authorized
by these Terms.
Once you create an account with us, you are registered on the MPSM Site. The terms”member,” “membership,” and “account” all refer to this registration as a member on MPSM’s Site.If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.
When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MPSM is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, MP Strategic Marketing will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of MP Strategic Marketing Services, or any portion thereof.
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that
you are solely responsible for any and all content posted, uploaded, emailed, transmitted or
otherwise made available by way of the MPSM Services, and as such, we do not guarantee the
accuracy, integrity or quality of such content. It is expressly understood that by use of our
Services, you may be exposed to content including, but not limited to, any errors or omissions
in any content posted, and/or any loss or damage of any kind incurred as a result of the use of
any content posted, emailed, transmitted or otherwise made available by MPSM.
Furthermore, you herein agree not to make use of MP Strategic Marketing’s Services for the
purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any
content that shall be deemed unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any
MPSM officials, forum leaders, guides or hosts or falsely stating or otherwise
misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or fiduciary
relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content
that may infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you
do not personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that
may contain a software virus or other computer code, any files and/or programs which
have been designed to interfere, destroy and/or limit the operation of any computer
software, hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that
would negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any MP Strategic Marketing Services, servers and/or
networks that may be connected or related to our website, including, but not limited to,
the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines, and/or regulations
decreed by the U.S. Securities and Exchange Commission, in addition to any rules of
any nation or other securities exchange, that would include without limitation, the New
York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any
regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the
character, location, and or source to any organization delegated by the United States
government as a “foreign terrorist organization” in accordance to Section 219 of the
Immigration Nationality Act;
m) “stalking” or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set forth in
the aforementioned paragraphs.
MP Strategic Marketing herein reserves the right to pre-screen, refuse and/or delete any
content currently available through our Services. In addition, we reserve the right to remove
and/or delete any such content that would violate the Terms or which would otherwise be
considered offensive to other visitors, users and/or members.
MP Strategic Marketing herein reserves the right to access, preserve and/or disclose member
account information and/or content if it is requested to do so by law or in good faith belief that
any such action is deemed reasonably necessary for:
MP Strategic Marketing herein reserves the right to include the use of security components
that may permit digital information or material to be protected, and that such use of
information and/or material is subject to usage guidelines and regulations established by MP
Strategic Marketing or any other content providers supplying content services to MP Strategic
Marketing. You are hereby prohibited from making any attempt to override or circumvent any
of the embedded usage rules in our Services. Furthermore, unauthorized reproduction,
publication, distribution, or exhibition of any information or materials supplied by our
Services, despite whether done so in whole or in part, is expressly prohibited.
b) agree not to transfer any software, technology or any other technical data through
the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S. export
laws; and
d) agree not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable export and/or
import laws.
MP Strategic Marketing shall not lay claim to ownership of any content submitted by any
visitor, member, or user, nor make such content available for inclusion on our website
Services. Therefore, you hereby grant and allow for MP Strategic Marketing the below listed
worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible
areas of MP Strategic Marketing’s Sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said
Content on our network Services is for the sole purpose of providing and promoting
the specific area to which this content was placed and/or made available for viewing.
This license shall be available so long as you are a member of MP Strategic
Marketing’s sites, and shall terminate at such time when you elect to discontinue your
membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on
the publicly accessible areas of MP Strategic Marketing’s sites, the license provided to
permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made available for
viewing. This license shall be available so long as you are a member of MP Strategic
Marketing’s sites and shall terminate at such time when you elect to discontinue your
membership.
c) For any other content submitted or made available for inclusion on the publicly
accessible areas of MP Strategic Marketing’s sites, the continuous, binding and
completely sub-licensable license which is meant to permit to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display
said content, whether in whole or in part, and the incorporation of any such Content
into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of MP Strategic Marketing’s
Sites are those such areas of our network properties which are meant to be available to the
general public, and which would include message boards and groups that are openly available
to both users and members. However, those areas which are not open to the public, and thus
available to members only, would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
MP Strategic Marketing may provide an area for our user and members to contribute feedback
to our website. When you submit ideas, documents, suggestions and/or proposals
(“Contributions”) to our site, you acknowledge and agree that:
All users and/or members agree to insure and hold MP Strategic Marketing, our subsidiaries,
affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any
claim or demand, which may include, but is not limited to, reasonable attorney fees made by
any third party which may arise from any content a member or user of our Site may submit,
post, modify, transmit or otherwise make available through our Services, the use of MPSM
Services or your connection with these Services, your violations of the Terms of Service and/
or your violation of any such rights of another person.
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor
exploit for any commercial reason any part, use of, or access to MPSM’s sites.
MP Strategic Marketing reserves the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or
without prior notice. In addition, we shall not be held liable to you or to any third party for any
such alteration, modification, suspension and/or discontinuance of our Services, or any part
thereof.
As a member, you agree that MP Strategic Marketing may, without any prior written notice,
immediately suspend, terminate, discontinue and/or limit your account, any email associated
with your account, and access to any of our Services. The cause for such termination,
discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and that we shall not be
liable to you or any other third party with regards to the termination of your account,
associated email address and/or access to any of our Services.
The termination of your account with www.mpstrategicmarketing.com shall include any and/
or all of the following:
Either MP Strategic Marketing or any third parties may provide links to other websites and/or
resources. Thus, you acknowledge and agree that we are not responsible for the availability of
any such external sites or resources, and as such, we do not endorse nor are we responsible or
liable for any content, products, advertising or any other materials, on or available from such
third-party sites or resources. Furthermore, you acknowledge and agree that MP Strategic
Marketing shall not be responsible or liable, directly or indirectly, for any such damage or loss
which may be a result of, caused or allegedly to be caused by or in connection with the use of
or the reliance on any such content, goods or Services made available on or through any such
site or resource.
You do hereby acknowledge and agree that MP Strategic Marketing’s Services and any
essential software that may be used in connection with our Services (“Software”) shall contain
proprietary and confidential material that is protected by applicable intellectual property rights
and other laws. Furthermore, you herein acknowledge and agree that any Content which may
be contained in any advertisements or information presented by and through our Services or
by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and
laws. Therefore, except for that which is expressly permitted by applicable law or as
authorized by MP Strategic Marketing or such applicable licensor, you agree not to alter,
modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created
any plagiaristic works which are based on MP Strategic Marketing Services (e.g. Content or
Software), in whole or part.
MP Strategic Marketing hereby grants you a personal, non-transferable and non-exclusive
right and/or license to make use of the object code or our Software on a single computer, as
long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to
locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or
otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter
or change the Software in any manner, nature or form, and as such, not to use any modified
versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access
our Services through any means other than through the interface which is provided by MP
Strategic Marketing for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MP
STRATEGIC MARKETING AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO
YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES
WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA
AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN
ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND
RESULT FROM:
In the event you have a dispute, you agree to release MP Strategic Marketing (and its officers,
directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other
third parties) from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out
of or in any way connected to such dispute.
MP Strategic Marketing may furnish you with notices, including those with regards to any
changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or
any which may be herein after developed. Any such notices may not be received if you violate
any aspects of the Terms by accessing our Services in an unauthorized manner. Your
acceptance of this Agreement constitutes your agreement that you are deemed to have received
any and all notices that would have been delivered had you accessed our Services in an
authorized manner.
You herein acknowledge, understand and agree that all of the MP Strategic Marketing
trademarks, copyright, trade name, service marks, and other MP Strategic Marketing logos and
any brand features, and/or product and service names are trademarks and as such, are and shall
remain the property of MP Strategic Marketing. You herein agree not to display and/or use in
any manner the MP Strategic Marketing logo or marks without obtaining MP Strategic
Marketing’s prior written consent.
MP Strategic Marketing will always respect the intellectual property of others, and we ask that
all of our users do the same. With regards to appropriate circumstances and at its sole
discretion, MP Strategic Marketing may disable and/or terminate the accounts of any user who
violates our Terms and/or infringes the rights of others. If you feel that your work has been
duplicated in such a way that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide to us the
following information:
The MP Strategic Marketing agent for notice of claims of copyright or other intellectual
property infringement can be contacted as follows:
Mailing Address:
MP Strategic Marketing
Attn: Copyright Agent
Orlando, Florida 32839
This Agreement constitutes the entire agreement between you and MP Strategic Marketing and
shall govern the use of our Services, superseding any prior version of this Agreement between
you and us with respect to MP Strategic Marketing Services. You may also be subject to
additional terms and conditions that may apply when you use or purchase certain other MP
Strategic Marketing Services, affiliate Services, third-party content or third-party software.
It is at the mutual agreement of both you and MP Strategic Marketing with regard to the
Agreement that the relationship between the parties shall be governed by the laws of the state
of Florida without regard to its conflict of law provisions and that any and all claims, causes of
action and/or disputes, arising out of or relating to the Agreement, or the relationship between
you and MP Strategic Marketing, shall be filed within the courts having jurisdiction within the
County of United States, Florida or the U.S. District Court located in said state. You and MP
Strategic Marketing agree to submit to the jurisdiction of the courts as previously mentioned,
and agree to waive any and all objections to the exercise of jurisdiction over the parties by
such courts and to venue in such courts.
At any time, should MP Strategic Marketing fail to exercise or enforce any right or provision
of the Agreement, such failure shall not constitute a waiver of such right or provision. If any
provision of this Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions
as reflected in the provision, and the other provisions of the Agreement remain in full force
and effect.
You acknowledge, understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death. Upon receipt of
a copy of a death certificate, your account may be terminated and all contents therein
permanently deleted.
You acknowledge, understand and agree that regardless of any statute or law to the contrary,
any claim or action arising out of or related to the use of our Services or the Agreement must
be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this Agreement to MP Strategic Marketing as follows:
In order to cooperate with governmental requests, subpoenas or court orders, to protect our
systems, or to ensure the integrity and operation of our business and systems, we may access
and disclose any information we consider necessary or appropriate, including and without
limitation, your information, IP address, and usage history. Our right to disclose any such
information is governed by the terms of our Privacy Policy.
The Site is controlled, operated and administered by MPSM from our offices within the USA.
If you access the Site from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use MPSM’s content accessed through the Site
in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Occasionally there may be information on our Site that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers,
product shipping charges, transit times and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or cancel orders if any
information on the Site or on any related Site is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any
related Site, including without limitation, pricing information, except as required by law. No
specified update or refresh date applied on the Site or on any related Site, should be taken to
indicate that all information on the Site or on any related Site has been modified or updated.
