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Terms and Conditions

Welcome! When using metaGenes's services, you agree to the terms and conditions listed on this page (the "Terms of Service"), which may be updated by us from time to time.

FMW Studio's search technology automatically produces search results that reference sites and information located worldwide throughout the Internet. Because I have no control over such sites and information, I make no guarantee as to such sites and information, including the accuracy, currency, content or quality of any such sites and information and I assume no responsibility as to whether the search locates unintended or objectionable content. Furthermore, because some content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people, the results of your search on our sites may automatically and unintentionally generate links or references to objectionable material. We make no claim that such surprises might not occur.

Under metaGenes's privacy policy, we may disclose to third parties certain aggregate information contained in our users' registration applications, but we will not disclose your name, address, email address or telephone number without your prior written consent, except as required by law. You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Users alone are responsible for the contents of the messages they communicate when using our services and as well as the consequences of any such messages. You agree that you will not use my services for chain letters, junk mail, and “spamming" or commercial solicitations or to engage in illegal activities. You further agree not to use my services to send any message or material that is unlawful, gives rise to civil liability or otherwise violates the community standards described on our sites. In order to ensure that metaGenes is able to provide high quality services, which are responsive to customer needs, you must consent to I being able to access your account and records on a case-by-case basis to investigate complaints or other allegations or abuse. metaGenes shall not disclose the existence or occurrence of such an investigation unless required by law. Violation of terms of service may result in immediate deletion of a users account.

All chat are public and not private communications. Although we reserve the right to remove without notice any bulletin board posting for any reason, we have no obligation to delete content that you may find objectionable or offensive.

I may modify or discontinue my services or your account with me, with or without notice, without liability to you, any other user or any third party. I reserve the right to terminate your account if I learn that you have provided me with false or misleading registration information, interfered with other users or the administration of metaGenes's services, or violated these Terms of Service.

You understand and agree that metaGenes’s services are provided "AS-IS". metaGenes assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings

YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF metaGenes'S SERVICES OR PROGRAMS AND ANY OTHER DOWNLOADS ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF metaGenes'S SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

EXCEPT AS EXPRESSLY SET FORTH ON MY SITES, metaGenes DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF metaGenes'S SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH metaGenes'S SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH metaGenes'S SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH metaGenes'S SERVICES OR THAT metaGenes'S SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

FMW STUDIO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE metaGenes'S SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH metaGenes'S SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF metaGenes HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend and hold harmless metaGenes, its affiliates, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of my services, your violation of the Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of metaGenes 's successors, assigns and licensees.

These Terms of Service will be governed by and construed in accordance with the laws of metaGenes, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by metaGenes.

 

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This site was last updated on: Friday, 11 April 2003