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Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site").

This site at Myachi.com (“Site”) is fully controlled and operated by Myachi Industries Corp. (“Myachi”). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of Myachi. If you do not agree with all of the following terms and conditions, please do not use this Site.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions. For your information, this page was last updated on March 22, 2010.

OWNERSHIP OF INTELLECTUAL PROPERTY

All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Myachi and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Myachi hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Site, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Myachi. Use of Myachi and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

SUBMISSIONS

Myachi gives users under the age of 15 an opportunity to post, exchange, and/or upload information, ideas, options, content and materials ("Submissions") on portions of this Site. These Submissions do not necessarily reflect the views of Myachi, and in no event shall Myachi assume or have responsibility or liability for any Submissions, or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Submissions you provide, and all information they contain, and that such Submissions shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information. Under no circumstances will users who are 15 years of age or older be permitted to post Submissions to the Site.

You hereby authorize Myachi to use, and authorize others to use, your Submissions, in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereinafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Myachi will have the right to use and change the Submissions in any manner that Myachi may determine. Additionally, Myachi may sweep its chatrooms, message board and/or content submissions periodically in its sole discretion.

REMEMBER TO ALWAYS CHECK WITH A PARENT BEFORE YOU SEND ANYTHING TO US

Myachi does not allow Submissions which contain:

· * logos of any kind (except Myachi logos)

· * musical compositions or pre-recorded music that you have not secured the rights to

· * profanity or obscenities

· * personal attacks on individuals

· * slanderous, defamatory, obscene, pornographic, threatening and harassing comments

· * and/or any other material that Myachi deemed in its sole discretion to be inappropriate for this Site 

 

In addition, Myachi does not allow Submissions to be posted by users who are 15 years of age or older.

 

Although Myachi will monitor the content posted on this Site for any obvious violations of the above rules, ultimately you are solely responsible for making sure that your submissions fully comply with these rules. Myachi reserves the right to edit, delete, or refuse to post material that violates the above rules of participation, as well as to revoke the privileges of users who do not comply with such rules. In particular, Myachi will terminate a user's privilege and ability to post Submissions to the Myachi web site if it appears that such user is 16 years of age or older, or a repeat infringer of other parties' copyrights.

INFORMATION FOR COPYRIGHT OWNERS

If you are a copyright owner or an agent thereof, and believe that any Submission or other content on the Myachi web site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. §512 (c)(3) for further detail): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (d) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Myachi 's designated Copyright Agent to receive notifications of claimed infringement is David Fritz, at dfritz@myachi.com, or Fax 516-676-5800.  If you fail to comply with all of the requirements of this paragraph, your DMCA notice may not be valid.

CONTESTS, SWEEPSTAKES, ELECTRONIC POSTCARDS AND OTHER ACTIVITIES

Myachi allows users under the age of 15 to participate in certain activities on this Site, including, without limitation, contests, sweepstakes and electronic postcards by Myachi and in conjunction with third parties, and provides Rules of Participation for these activities. These Terms & Conditions are incorporated by reference into the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.

If a child participates in a children's sweepstakes or contest, we will retain his or her e-mail address. The winner will be notified by e-mail or another method, as described in the rules. We will not provide such e-mail addresses to any third party.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Myachi is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MYACHI INDUSTRIES CORP., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY MYACHI OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Myachi’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by Myachi, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and Myachi does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, Myachi is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Myachi nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Myachi will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, Myachi, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Myachi reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Myachi in asserting any available defenses.

ADS AND MALWARE

We take great care and pride in creating this Site. We're always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site--and that is beyond our control.

If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware--short for MALicious softWARE--is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.

We suggest that you take some of the following actions which may help to clean your computer and which could prevent future installations of Malware.

· * Update your computer via Windows Update (found in the Tools menu in your Internet Explorer web browser).

· * Install a SpyWare Removal Tool such as Spybot Search & Destroy or AdAware to clean your computer of Malware.

· * Install antivirus software, such as Norton anti-virus or McAfee Virus-shield.

· * Install Microsoft Defender (for Windows computers).

Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. Please make sure to carefully read the Help or Customer Support areas of any software download site.

If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician.

MISCELLANEOUS

Unless otherwise specified, the materials in the Myachi web site is presented solely for the purpose of entertainment and promoting programs and other products available throughout the world. This site is controlled and operated by Myachi from its offices within the State of New York, United States of America. Myachi makes no representation that materials in Myachi’s web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of New York applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State and County of New York.