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TERMS OF USE

MACK MultiMedia, Inc.

MACKPlanet.com Web Site

MackPowerGroup.com

MackMixer.com

 

Updated: October 23, 2008

Agreement between "User" And "<MACK MultiMedia, Inc."

The following websites and events: MackPlanet.com, MackPowerGroup.com, MackMixer.com, Power Lunch, Mack Mixer, and the Grape Escape are owned and operated by Mack MultiMedia, Inc. (hereafter "MACK") offered to the User conditioned on acceptance by the User without modification of the terms, conditions, and notices contained herein. Use of the content, services, and/or products presented in any and all areas of this site constitutes the User's agreement to abide by the following terms and conditions and those posted in specific areas of the site.

Use of Cookies
MACK web site uses "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.  One of the primary purposes of cookies is to tell the Web server that you have returned to a specific page. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer.

Copyright and Trademark Notices
All rights reserved. Other trademarks/logos are the property of their respective owners.
This Web site is for the User's personal use and advertising media. If you download any material, you must keep all copyright and other notices intact. The right to use it is not transferable to any other person or entity. User is responsible for all use of User's account (under any screen name or password) and for ensuring that all use of this Web site through User's account complies fully with the provisions of this Agreement. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, or other content, logos, software, products or services obtained from this Web site. In addition, the information may not be taken out of context or presented in an unfair, misleading or discriminatory manner.

Collection and use of your Personal Information
MACK is an online directory service for gay, lesbian, bisexual, transgender and gay friendly professionals designed to provide an easy way for our members to network with each other to establish mutually beneficial online business and personal relationships. Our participants can opt to accept or decline to ad their own formatted listing, which does reveal their full real names or their contact information.

Business cards are collected at each event and will be scanned and uploaded to a MACK website for use as a business resource. By purchasing a ticket to a MACK event, the USER is aware of their personal information being posted after an event. You may ask to be removed from the website, in writing, and complete removal may take up to 10 business days, but not assured.

MACK is owned and operated by MACK. We are a paid membership-based online service for advertisers that wish to advertise their business/services/products. All visitors to our site may browse the site, search the participant listings and view any articles or features our site has to offer without entering any personal information. There are two types of user-submitted information we collect: Public and Private.

PUBLIC INFORMATION: We define Public information as personal information that may be displayed on the site, included but not limited to the information users post in their listings. Public information is meant to be seen by all visitors to the site but cannot be used to identify a specific participant/advertiser by name, address, etc if that participant does not want to be listed. PRIVATE INFORMATION: Private information is defined as any information that allows others to contact a user other than through the MACK websites. When participants/advertisers email each other through the MACK web site participant’s email addresses may be disclosed. Any information that the User does not want MACK to disclose will not be used without the proper authorization from the User or company he/she represents. MACK does not sell, rent, share, trade, lease or give away its customer lists containing private information to third parties unless you specifically authorize us to do so, except to the billing service used by MACK and the MACK web site, the financial institution that processes your credit card or check transaction and unless required by law or for the protection of your membership or as otherwise set forth in this Terms of Use.

Disclaimer
All materials and services in this site and third-party sites to which it links are provided "as is" without warranty of any kind. The content published on this web site may include inaccuracies or typographical errors. Changes are periodically made to the information herein. MACK and/or its suppliers may make improvements and/or changes in this web site at any time including changes to these terms and conditions. MACK and/or its suppliers make no representations and, to the fullest extent allowed by law, disclaim all warranties, express or implied, including, but not limited to warranties of merchantability and fitness for a particular purpose regarding the suitability of the information; the accuracy, reliability, completeness or timeliness of the content, services, products, text, graphics, links, or other items contained within this site, or the results obtained from accessing and using this site and/or the content contained herein. MACK does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including the server that makes it available, are free of viruses or other harmful components. The User assumes the entire cost of all necessary maintenance, repair or correction.


Use of this site is at your own risk. This site may contain advice, opinions, images, and statements of various information providers and content providers. MACK does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, or any user of this site or other person or entity. Reliance upon any such opinion, advice, statement, images, or other information shall also be at your own risk. Neither MACK nor its parent company (or other websites they own), affiliates, nor any of their respective agents, employees, information providers or content providers shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, or for any damages resulting there from. Prior to the execution of a purchase or sale or any security or investment, you are advised to consult with your broker or other financial advisor or other professionals as appropriate to verify pricing and other information. Neither MACK, its parent company, its affiliates, information providers or content providers shall have any liability for investment decisions based upon, nor the results obtained from, the information provided.  Neither MACK, its parent company, affiliates, information providers or content providers guarantee or warrant the timeliness, sequence, accuracy, or completeness of any such information. Nothing contained in this Web site is intended to be, nor shall it be construed as, investment advice.

Eligibility For Use of Web Site
The information and service provided by MACK is available only to individuals who are over 18 years of age and can form legally binding contracts under applicable law. MACK may refuse access to its service to anyone or any company at any time, in its sole discretion.

Use of USER LOGIN & Passwords
MACK does not control or regularly review the messages, information or files uploaded and/or edited by paying customers. It is a condition of your use of MACK that you do not upload to, post, distribute or transmit to or through this site any messages, information or materials which violate or infringe in any way the rights of any group or individual that promotes racism, bigotry, hatred, or which are libelous, defamatory, obscene, pornographic, threatening, abusive, unlawful or would otherwise violate any law, or encourage such conduct, or which, without MACK express prior consent, contains advertising or any commercial solicitation; post or transmit any material that contains a virus or other harmful component to make the Web site crash; restrict or inhibit anyone from using and enjoying the Web site. The normal use of this Web site is defined as internet directory for businesses, cities, accommodations, and contacting advertisers for the purpose of establishing a community of business and social relationships which are mutually beneficial.  MACK will investigate and take appropriate legal action in its sole discretion against anyone who violates these provisions, including without limitation, removing the offending communication from the Web site and terminating the site access of such violators. It also includes, but is not limited to, the following: harassment or advocates harassment of another person; involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; promotes information that you know is false; promotes an illegal or unauthorized copy of another person's copyrighted work; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); provides instructional information about illegal activities such as making or buying illegal weapons, drugs, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users. MACK has no responsibility for the content of any advertising, messages, information or materials uploaded, posted, distributed, or transmitted by Users of this site. However, MACK retains the right, but not the obligation in its sole discretion, to monitor, review, edit, delete or refuse to post any third-party content that MACK deems to be objectionable or in violation of these Terms and Conditions. MACK reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request. By submitting messages, information and material to any public area of this site, you are granting MACK a perpetual royalty-free license to reproduce, edit, modify, publish, transmit and display, transmit, create derivative works from, distribute or perform it in whole or in part or incorporate it in any form, medium or technology now known or later developed. User agrees to indemnify and hold harmless MACK and all officers, directors, shareholders, employees, authorized representatives and agents form and against all claims and expenses, including attorneys' fees, arising out of any advertising, messages, information or materials uploaded, posted, distributed, or transmitted to or though this site by you. User agrees to (as available) send and receive electronic mail, download and upload files, and otherwise use this Web site only as permitted by these terms and conditions, any additional policies or procedures published in this Web site from time to time by MACK, and applicable law.

User Disputes
You are solely responsible for your interactions with other MACK Users. MACK reserves the right, but has no obligation, to monitor disputes between you and other Users.

Links To Third-Parties' Web Sites

This Web site may contain banners/links and pointers to internet sites maintained by third parties. MACK does not operate or control in any respect any information, products or services on such third-party sites. Third-party banners/links are included solely for advertising and the convenience of Users, and do not constitute any endorsement by MACK and/or its suppliers. User assumes sole responsibility for use of third-party banners/links and pointers and disclaimers set forth herein are equally applicable to such third-party sites.

Third-Party Content
MACK is a distributor with regard to content supplied by third-party suppliers and Users, therefore, MACK has no more editorial control over such content than a public library, bookstore or newsstand. Any opinions, images, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and Users are those of the respective author(s) or distributor(s) and not of MACK.

E-Mail
MACK respects the privacy of its readers and shall not disclose, distribute or rent its e-mail subscribers newsletter list to any third party, nor shall it permit anyone else to do so. However, MACK does make available for rental its list of those registrants who have expressly provided us with their permission to receive third party information and offers as part of their user profile.

Modification
MACK shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of this site shall constitute your acceptance of any changes. MACK shall have the right at any time to change or discontinue any aspect of the web site, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.

Refund Policy

Payment for participation in the Power Lunch, Mack Mixer, and/or Grape Escape events is non-refundable. Participants may send a representative if they are unable to make the event, but must be approved by a MACK authorized representative within 24 hours of the event. Payment will only be refunded if the event is canceled by MACK. In the event that a member is verbally confirmed for an event by a MACK Authorized Representative to pay at the door and payment is not made within 30 days of the event, a $5.00 late payment charge will be added to the invoice to the customer (per attendee) for each month not paid. Refunds will not be given for advance cancellations, no-shows, incorrect number of participants entered during registration, and/or any other reason. Cancellations or no shows will not be credited and/or transfered to another future MACK event. WE REPEAT: Cancellations or No Shows will not be credited and/or transferred to another future MACK event.

Advertising Policy on MACK

MACK makes no warranty that

(a) our directories, pages and listings will meet your requirements,

(b) our directories, pages and listings will be available, or error-free,

(c) the quality of any products, services, information, or other material purchased or obtained by you through our directories, pages and listings will meet your expectations.
Our editors will verify that the topic and or location of publication requested is appropriate for the listing and the web page or site, its purpose, organization, product or service.  Payment for advertising is based on a one year agreement unless otherwise discussed/agreed with the User and a MACK officer.  Refunds will not be given for any reason unless agreed upon by both parties USER and MACK and/or affiliated sites as listed on this agreement.


Termination

Removal of Listings. You agree that MACK, in its sole discretion, may remove your listing, or any part thereof, from our directories, pages and listings, or any part thereof, for any reason, including, without limitation, if MACK believes that you have violated or acted inconsistently with the letter or spirit of this Terms of Service Agreement. Your listing will remain until one of the following occur:
• You request the listing be removed. It may take several weeks for the listing to be removed.
• Your contract agreement has expired and you wish not to renew.
• Your server returns an Error or Warning Code or does not respond or can not be reached. All listings are checked at regular intervals. URL's returning an Error Code or Warning Code is rechecked several times over several days. If all attempts to access the URL fail, the listing will be removed. If a site participating in our any of our Commercial Listing Services fails 2 consecutive attempts, notification will be sent by email to the most recent email address on file.
• We determine changes made to your site are so substantial that our listing no longer accurately describes your site. For example, if a personal site becomes so popular it is sold or turns into a porn site we will remove the original listing.
• The URL submitted forwards or redirects to another URL or site which is inconsistent with the original description.
• Without limitation, MACK, in our sole discretion, shall have the right to remove any listing that violates this Terms of Service Agreement.  Suspended listings may be reinstated. Suspended sites participating in any of our Business, City, and Accommodations Listing services which were suspended due to server errors or connection failure will be rechecked every 7 days for 90 days and will be automatically reinstated when the error correction is detected. If the site does not participate in any of our Business, City, Gay Links, and Accommodations Listings it will not be rechecked and you will not be notified, you must send an email to info@MACK within 90 days of the date of suspension informing us the problem has been corrected for the listing to be reinstated. If you do not inform us the problem has been corrected within 90 days, you must submit a new request for listing. The new listing will be governed by our Terms of Service Agreement in force at that time.

Termination of Listings. MACK may in its sole discretion and at any time discontinue providing our directories, pages and listings, or any part thereof, with or without notice. You agree that any termination of your listing may be effected without prior notice, and acknowledge and agree that MACK may immediately suspend or delete your listing and all related information and bar any further submissions from you or related companies and websites. Further, you agree that MACK shall not be liable to you or any third-party for any termination of your listing.

Limitation on Publicity.  Any and all public announcements, including but not limited to press releases, related to your inclusion in our directories, indexes and pages, including the method and timing of such announcements, must be approved in advance and in writing by MACK. MACK reserves the right to withhold approval of any public announcement, for any reason, in its sole discretion.
This agreement is effective until terminated by MACK, at any time without notice. In the event of termination, you are no longer authorized to access the Web site and the restrictions imposed on you with respect to material downloaded from the Web site, the disclaimers and limitations of liabilities set forth in this agreement, shall survive.

No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our directories, pages and listings.

Indemnity/Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall MACK, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, MACK materials. You specifically acknowledge and agree that MACK is not liable for any conduct of any User.  As a condition of use of this Web site, the User agrees to indemnify MACK and its suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from User's use of this Web site, including without limitation any claims alleging facts that if true would constitute a breach by User of these terms and conditions. If you are dissatisfied with any MACK material, or with any of MACK terms and conditions, your sole and exclusive remedy is to discontinue using the MACK web site.


General
MACK reserves the right to make any and all changes to this Web site at its sole discretion without notice to the User. MACK reserves the right to deny access to this Web site to anyone at any time.  This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Web site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.  This Agreement has been made in and shall be construed and enforced in accordance with Florida State Law. Any action to enforce this agreement shall be brought in the federal or state courts located in the State of Florida. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.

Service Contact
Contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it with questions or problems with this website.
Any rights not expressly granted herein are reserved. By using this site or by becoming a User, you affirm that you have read the entire agreement, understand it and agree to its terms.

 

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