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Share Responsibly
Sharing is not illegal as long as you obey all relevant copyright
laws. Using P2P programs to download and distribute copyrighted
music, movies and games without permission is illegal. Purchasing a
membership in MyPhone Express does not give you license to download
and distribute copyrighted material.
MyPhone Express does not condone piracy or breaking copyright laws.
Copyright Infringement Liability - P2P technology makes it possible
to share all kinds of information. Some information is protected by
copyright, which means that you generally need the copyright owner's
permission before you make it available to other P2P users. Popular
music, movies, games, and software are often protected by copyright.
Copyright infringement can result in significant monetary damages,
fines and even criminal penalties. Some copyright owners have filed
civil lawsuits against individuals that they believe unlawfully
distributed large numbers of copyrighted songs.
Original works of authorship, including literary, dramatic, musical,
artistic, and certain intellectual compositions are protected by
copyright law. If a person publicly performs, reproduces,
distributes copies, or displays works without consent of the
copyright owner could be in violation of the law. Go to http://www.loc.gov/copyright/
and learn more about U.S. copyright law. Purchasing a membership in
MyPhone Express does not give you license to download or upload
copyright material. MyPhone Express implores you to respect
copyright laws and share responsibly.
Using file-sharing (P2P) software for the uploading or downloading
of copyrighted works without the permission or authorization of the
copyright holders may be illegal and could subject you (or the ISP
subscriber) to civil and/or criminal liability and penalties. For
more information about U.S. copyright law, please visit http://lcweb.loc.gov/copyright/
and http://www.copyright.gov/title17.
Some content found on file-sharing (P2P) networks may be reproduced,
uploaded and downloaded. There are a significant number of copyright
holders who have authorized the sharing of their content for
non-commercial purposes, such as some content with Creative Commons
format licenses, and there is also content available in the public
domain and not protected by copyright. Most commercially released
popular songs, films, and software is NOT authorized for free
redistribution but requires separate purchase or licensing.
Copyright Infringement
Some files contained on these networks are copyrighted works, like
popular games, movies, music, and software. P2P software makes it
possible to upload and download copyrighted material from the
Internet without proper authorization, but that can violate
copyright laws and subject you to criminal and civil penalties.
Please consult the user guide provided with the application.
Data Security
P2P software allows any user to access the files you place or move
into your shared folder. If you’re not careful, files containing
your personal and confidential information could inadvertently be
uploaded for distribution on the Internet. This could cause a number
of problems, including identity theft. We strongly suggest
purchasing one of the major spyware applications available.
Pornography
Files downloaded from the Internet using P2P software could contain
pornographic material. These files may be mislabeled with seemingly
innocent names. This can result in users, including children, being
inadvertently exposed to pornography. Redistributing files
containing child pornography or obscene content can be a crime.
Spyware
Files downloaded from the Internet using P2P software may contain
spyware that can track your online activity, control your computer,
or harm its operation. These files typically are disguised and can
go undetected. We strongly suggest purchasing one of the major
spyware applications available.
Viruses
Files downloaded from the Internet using P2P software may carry
computer viruses, worms, or Trojans that can damage your computer or
cause other problems. These files typically are mislabeled to
disguise their true purpose. We strongly suggest purchasing one of
the major anti-virus applications such as Norton and Mcafee.
Acceptance of Terms of Use
Please review the following terms and conditions carefully. This
agreement is a legally binding contract between you ("You" or
"Your") and MyPhoneExpress.com ("MyPhoneExpress.com," "We" or "Us")
regarding Your access to and use of the MyPhone Express web site
(the "Site"). By accessing the Site, You agree to the terms and
conditions as outlined in this legal notice. MyPhone Express
reserves the right to change these terms and conditions from time to
time at its sole discretion, without prior notice, by posting such
revised terms and conditions on the Site. It is Your obligation to
routinely review these terms and conditions and Your continued use
of the Site following any such change (whether or not You have
reviewed such change) constitutes Your agreement to follow and be
bound by the terms and conditions as changed.
Your Conduct
You agree not to: (a) upload, transmit, post, email or otherwise
make available to the Site, any content or other material in any
format that: (x) is false, inaccurate, unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene,
invasive of another's privacy, and/or otherwise objectionable; (y)
infringes any third party's intellectual property; or (z) contains
viruses, worms, Trojan horses, corrupted files, or any other similar
software or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment; (b) alter, remove, or falsify any
attributions or other proprietary designations of origin or source
of any other content appearing on the Site or contained in a file
that is uploaded to the Site; (c) impersonate any person or entity,
including, but not limited to, an MyPhone Express official or
falsely state or otherwise misrepresent Your affiliation with a
person or entity; or (d) attempt, through any means, to gain
unauthorized access to the Site. The use of any device, software or
routine that interferes or attempts to interfere with the proper
working of the Site is expressly prohibited.
Billing
You will be billed for a lump-sum that includes the length of your
payment terms.
Proprietary Rights Restrictions
All material on the Site including without limitation all
informational text, photographs, graphics, audio, video, messages,
files, documents, images or other materials (collectively, the
"Materials"), whether publicly posted or privately transmitted, as
well as all derivative works, is owned by MyPhone Express or other
parties that have licensed their material to MyPhone Express and is
protected by copyright, trademark and/or other intellectual property
laws. MyPhone Express disclaims any proprietary interest in
trademarks, service marks, logos, slogans, domain names and trade
names other than its own. Trademarks, logos, images and service
marks displayed on the Site are the property of either MyPhone
Express or other third parties. You agree not to display or use such
marks without written permission from MyPhone Express or the
appropriate party.
The Materials on the Site may not be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any
way, including by e-mail or other electronic means. Use of the
services offered by MyPhone Express requires an email address. You,
as a Member are solely responsible for using your own email address
to gain authorized access. You also agree not to disclose or
otherwise disseminate your user email address to gain unauthorized
access, except as may be specifically required by law. Unauthorized
access to the service is a breach of this agreement and a violation
of law. Any modification of the Materials, use of the Materials on
any web site or networked computer environment, or use of the
Materials for any purpose other than personal, non-commercial use is
a violation of the copyright, trademark, and other proprietary
rights in the Materials and is expressly prohibited. Nothing on this
Site shall be construed as conferring any license under any of the
MyPhone Express or any third party's intellectual property rights,
whether by estoppels, implication or otherwise.
MyPhone Express Services
MyPhone Express makes no claim to ownership or other control or
rights to any software recommended by MyPhone Express or its agents.
All software recommendations refer to either "Freeware" or software
that is otherwise available without charge to individuals at large
for specific purposes. None of the charges assessed to members of
MyPhone Express entitle You, as a Purchaser to any ownership,
licensing rights or recourse with regard to use of the software
other than those rights offered by the software owners or licensees.
The fees and charges assessed by MyPhone Express represent recurring
monthly club membership fees which entitle You as a Purchaser to
access to the location, evaluation, and or recommendation of those
software products available from the web site and for the
information provided to purchasers. MyPhone Express Members may
cancel at anytime during the course of their membership.
Links to Other Web Sites
This Site may produce automated search results or otherwise link You
to other sites on the Internet. If any link is offered connecting
You to a third party web site, it is as an accommodation to You and
to the respective third party site owner and is provided without
charge. Sites linked to and from this Site are not necessarily under
the control of MyPhone Express and We shall have no responsibilities
or liabilities whatsoever for the content including, without
limitation, the accuracy or reliability of any information, data,
opinions, advice or statements set forth therein, or privacy
practices of any such linked site or any link or linking program at
any time. These sites may contain information or material that some
people may find inappropriate or offensive. These other sites are
not under the control of MyPhone Express, and You acknowledge that
MyPhone Express is not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the content of
such sites. The inclusion of such a link does not imply endorsement
of the site by MyPhone Express or any association with its
operators. We do not necessarily endorse companies (or related
products or services) to or from which the Site is linked. If You
decide to access any of the third party sites linked to this Site,
You do so entirely at Your own risk.
Disclaimer of Warranties
The Materials on this Site may contain inaccuracies or typographical
errors. We make no representations about the accuracy, reliability,
completeness or timeliness of the Materials. The use of this Site
and the Materials is at your own risk.
MyPhone Express DOES NOT WARRANT THAT THE SITE WILL OPERATE
ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER
VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE
MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, MyPhone Express IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE, AND THE CONTENTS THEREIN, ARE PROVIDED "AS IS" AND "AS
AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT AND FITNESS FOR A
PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED
BY ERRORS OF THE SITE, CONTENT ON THE SITE OR THE INTERNET. MyPhone
Express DOES NOT EXERCISE CONTROL OVER ANY THIRD PARTIES THAT
PROVIDE CONTENT TO THE SITE AND THEREFORE PROVIDES NO
REPRESENTATIONS OR WARRANTIES REGARDING SAME. ADDITIONALLY, THE SITE
MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR
CIRCUMSTANCES BEYOND OUR CONTROL.
Limitation of Liability
MyPhone Express AND ITS DIRECTORS, OFFICERS AND EMPLOYEES SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, LITIGATION OR THE LIKE) ARISING OUT OF (A) THE USE
OF THE SITE, (B) THE CONTENT ON THE SITE, (C) WEB SITES LINKED TO
THIS SITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED THEREIN
(D) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE
INFORMATION WITHIN, OR CONTENT OF, THE SITE, AND/OR (E) THE
INABILITY TO USE THE SITE AND CONTENT CONTAINED THEREIN (INCLUDING,
BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, GOODWILL OR
SAVINGS, DOWNTIME, DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA),
WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING OUT OF PERSONAL
INJURY OR DEATH) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MyPhone Express CANNOT AND DOES NOT GUARANTEE CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO THE SITE. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF MyPhone Express SITES/SERVICE/SOFTWARE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE MyPhone Express SITES/SERVICE/SOFTWARE.
THE PROVISIONS OF THIS PARAGRAPH WILL SURVIVE ANY TERMINATION OF
THIS AGREEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OF
LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, hold harmless and release, MyPhone Express
its directors, officers, and employees, from and against any and all
claims, damages, costs and expenses, including reasonable attorney's
fees, arising from or related to Your use of the Site and/or any
content contained therein.
Changes to the Service
We reserve the right to modify, suspend or discontinue all or any
portion of the Site at any time, with or without notice. Unless
stated otherwise, any new features to the current Site shall be
subject to these Terms of Use. Parts of this Site are currently
accessible to users without charge, however We reserve the right to
charge users for access to or use of any portion of the Site in the
future. These Terms of Use may be modified by MyPhone Express at any
time with or without prior notice. Any such changes will be posted
on the Site. Your continued use of the Site shall be deemed
acceptance of any modifications.
Failure to Abide by these Terms
MyPhone Express may in its sole discretion terminate or suspend Your
access and use of this Site immediately without notice to You if You
breach these Terms of Use or if We are unable to verify or
authenticate any information that You provide to Us. You agree that
MyPhone Express shall not be liable to You or any third party for
any termination of Your access to any Materials and/or the Site.
Miscellaneous
This Terms of Use constitutes the entire agreement between You and
MyPhone Express with respect to the Site. If any provision of this
Terms of Use is found to be invalid or unenforceable by a court of
competent jurisdiction, such provision shall be severed from the
remainder of the Terms, which shall remain in full force and effect.
No waiver by either party of any breach or default hereunder shall
be deemed to be a waiver of any preceding or subsequent breach or
default. The section headings used herein are for convenience only.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, UNDERSTAND IT,
AND AGREE TO BE BOUND BY IT. YOU FURTHER AGREE THAT IT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND
WHICH MyPhone Express SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT,
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND
MyPhone Express RELATING TO YOUR USE OF THE SITE.
The purchase of a membership is not a license to upload or download
copyrighted material. We urge you to respect copyright laws and
share responsibly. MyPhone Express does not provide a direct
database for downloading. MyPhone Express provides members with the
necessary software, tutorials & unlimited technical support for
their downloading needs. |