1. Ownership & Acceptance. The web site Untz.ca ("Untz") is wholly owned and operated by MXS Media Solutions LTD. ("MXS"), and belongs to the ChillinTO Network, which also includes ChillinTO.com and MiBarrio.ca.
2. Services. Untz and services provided to you and through Untz are on an "AS IS" basis. You agree that MXS exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue this web site and its services or delete the data you provide, whether temporarily or permanently. MXS shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information. MXS shall have no responsibility or liability for the interactions between users or the outcomes of these interactions, regardless of if these outcomes occur on or off Untz.
3. Membership, Password, & Term. In order to gain full access to Untz, you must obtain membership ("Membership") by registering an Account ("Account"). By registering you agree to provide truthful information when requested, and be at least the age of fourteen (14) or older. Upon registration you will select a password which you will use to login to your Account. You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your Account and/or login, whether authorize or unauthorized by you. You agree to immediately notify Untz of any unauthorized use of your Account, membership, or password, via e-mail at firstname.lastname@example.org. As long as you use or cause access to Untz, you will be bound by these Terms.
4. Refusal of Service/Access & Survivability. MXS reserves the right, at its sole discretion, to disable or delete your Account and denying you access to Untz. If your account has been disabled, it constitutes an official notice that you are to no longer access or use Untz. If you continue to use or cause access to Untz, or create additional Account(s), after having your account Disabled or receiving such notice, this will constitute a criminal breach of this agreement, and your activity will be deemed as trespassing and illegal. MXS will, at its sole discretion, if MXS deems it necessary, take appropriate legal action, for which the trespassing person will be required to cover all reasonable legal fees, including, but not limited to, attorney's fees. This Section 4 of these Terms will survive the Agreement and remain permanently valid, without exception, regardless if you use or cause access to Untz.
5. Your Conduct. You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that the web site may expose you to Content that may be objectionable or offensive. MXS, its agents, employees, affiliates, and partners, shall not be responsible to you in any way for the Content that appears on the web site nor for any error or omission.
You explicitly agree, in using the web site or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use the web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without the prior expressed written consent of MXS;
(e) provide any Content that may give rise to our civil or criminal liability or which may consititute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets;
(f) slander, disrespect, or otherwise try to harm the reputation and business operations of MXS, or that of its subsidiaries, affiliates, related parties, officers, directors, employees, staff, agents, independent contractors, advertisers, partners, and co-branders;
(g) hold MXS or its employees responsible for your interactions with other users. The conversations you hold with other Untz users are your responsibility. MXS simply provides the means by which you have the opportunity to discuss with other users. Nor is MXS responsible for any personal outcomes from your discussions with users, whether on Untz or off Untz. You are the only one responsible for the comments you post and the conversations you hold.
6. Submission of Content on the Web Site.By providing any Content to the web site:
(a) you agree to grant MXS a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed; (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 6; (c) you acknowledge and agree that MXS shall have the right (but not obligation), in MXS' sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.
7. Third Party Services. Goods and services of third parties may be advertised and/or made available on or through the web site (this includes, but is not limited too, communications through e-mail). You hereby agree to be subject to, and receive, these potential advertisements. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with these third parties.
8. Indemnification. You agree to indemnify and hold MXS, its subsidiaries, affiliates, related parties, officers, directors, employees, staff, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this web site or service, your provision of Content, your violation of these Terms or any other violation of the rights of another person or party.
9. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND MXS MEDIA SOLUTIONS LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
MXS MEDIA SOLUTIONS LTD. MAKES NO WARRANTY, IMPLIED OR EXPRESSED, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER, DIRECT OR INDIRECT, FOR DOWNLOAD OR USE. YOU UNDERSTAND AND AGREE THAT NEITHER MXS MEDIA SOLUTIONS LTD. NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT MXS MEDIA SOLUTIONS LTD.'S LIABILITY OF ANY KIND.