MYSPACE ROTATE [Terms Of Use]

MYSPACE DYNAMIC BACKGROUNDS

TERMS OF USE Last Updated: Aug 26, 2007 Overview The following are terms of a legal agreement between you and Myspacerotate.com. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site. Myspacerotate.com may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. Myspacerotate.com may also make improvements or changes in the products, services, or programs described in this site at any time without notice. General This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed. Please see the tab entitled “Copyright and trademark information” for related information. This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Myspacerotate.com's prior written consent, except that Myspacerotate.com grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your personal, non-commercial use of this Web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices. Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Myspacerotate.com does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media. Certain disclaimers Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Myspacerotate.com assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site. Copyright Infringement By using the Myspacerotate.com service, you agree that you are legally authorized to use all content (ex. images) that you upload to our servers. If you are in violation of copyright infringement, your account will be deleted and myspacerotate.com will assist any legal authorities; if requested. If you're not absoluately sure about your legal rights on any of your content, do not use it on this website. Restrictions You will not do any of the following while using or accessing the Site or the Services: a. Post, upload, email, or otherwise transmit (i) any Content that you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content); (ii) any Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content); or (iii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); b. Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on any Content except your User Content; c. Use any meta tags or other hidden text or metadata utilizing a Myspacerotate name, trademark, URL or product name without Myspacerotate's express written consent; d. Post, upload, email or otherwise transmit, without first obtaining the permission of Myspacerotate, any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," Ponzi schemes or any other form of solicitation; e. Post, upload, email, or otherwise transmit, via the Site or Services, any Content that is unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity or pornography (including without limitation any child pornography or child erotica), is deceptive, threatening, abusive, inciting to unlawful action, defamatory, libelous, vulgar or violent, or constitutes hate speech, or is otherwise objectionable in the opinion of Myspacerotate; f. Post, upload, email, or otherwise transmit any Content that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; g. Post, upload, email or otherwise transmit any Content that includes code that is hidden or otherwise surreptitiously contained within the images, audio or video of any Content that is unrelated to the immediate, aesthetic nature of the Content; h. Attempt to probe, scan or test the vulnerability of any Myspacerotate system or network or breach any security or authentication measures; i. Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive, or false source-identifying information; j. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure protecting the Site or Services; k. Collect or store personal data about other users without their express permission; l. Impersonate or misrepresent your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise commit fraud; m. Resell the Services, in whole or in part; n. Violate any applicable law, regulation, or ordinance; or o. Use the Site or Services in any manner not permitted by this Agreement. Myspacerotate.com provides no assurances that any reported problems will be resolved by Myspacerotate.com, even if Myspacerotate.com elects to provide information with the goal of addressing a problem. Forward-looking and cautionary statements except for historical information and discussions, statements set forth throughout this web site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company's filings with the U.S. Securities and Exchange Commission. See the “SEC filings” tab under “Investor relations” on this Web site for copies of such filings. Confidential information Myspacerotate.com does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Myspacerotate.com will be deemed NOT to be confidential. By sending Myspacerotate.com any information or material, you grant Myspacerotate.com an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that Myspacerotate.com is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to Myspacerotate.com for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding Myspacerotate.com’s privacy policies. U.S. government restricted rights Myspacerotate.com provides the software downloaded from this Web site to U.S. Government users with “RESTRICTED RIGHTS." Use, reproduction, or disclosure is subject to the restrictions set forth in Myspacerotate.com’s GSA ADP Schedule contract. Global availability Information Myspacerotate.com publishes on the World Wide Web may contain references or cross references to Myspacerotate.com products, programs and services that are not announced or available in your country. Such references do not imply that Myspacerotate.com intends to announce or make available such products, programs, or services in your country. Please consult your local Myspacerotate.com business contact for information regarding the products, programs, and services that may be available to you. Business relationships This Web site may provide links or references to non-Myspacerotate.com Web sites and resources. Myspacerotate.com makes no representations, warranties, or other commitments whatsoever about any non-Myspacerotate.com Web sites or third-party resources (including any Lenovo Web site) that may be referenced, accessible from, or linked to any Myspacerotate.com site. A link to a non-Myspacerotate.com Web site does not mean that Myspacerotate.com endorses the content or use of such Web site or its owner. In addition, Myspacerotate.com is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an Myspacerotate.com site. Accordingly, you acknowledge and agree that Myspacerotate.com is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources. When you access a non-Myspacerotate.com Web site, even one that may contain the Myspacerotate.com-logo, please understand that it is independent from Myspacerotate.com, and that Myspacerotate.com does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate. Linking to this site All links to this Web site must be approved in writing by Myspacerotate.com, except that Myspacerotate.com consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Myspacerotate.com; (c) imply that Myspacerotate.com approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about Myspacerotate.com or otherwise damage the goodwill associated with the Myspacerotate.com name or trademarks. As a further condition to being permitted to link to this site, you agree that Myspacerotate.com may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any Myspacerotate.com trademark. Translations Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Myspacerotate.com makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions. DISCLAIMER OF WARRANTY USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. Myspacerotate.com EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, Myspacerotate.com MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY IN NO EVENT WILL Myspacerotate.com BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF Myspacerotate.com IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through this Web site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms of Use. Please see the applicable agreement or notice.

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