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Terms and Conditions

This set of Terms and Conditions governs the manner in which Mwaah collects, uses, maintains and discloses information collected from users (each, a "User") of the http://www.mwaah.co.uk/ website ("Site"). This privacy policy applies to the Site and all products and services offered by Mwaah, Whaam! and Large Productions

ACCEPTANCE OF TERMS

This Agreement contains the complete terms and conditions that apply to your participation in our Site. If you wish to use the Site including its tools and services please read these terms of use carefully. By accessing this Site or using any part of the Site or any content or services hereof, you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access the Site or use the content or any services in the Site.


MODIFICATIONS OF TERMS OF USE

Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our Site.


USE OF THE SITE

The Site allows you to post offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts, to wit:
(i) use our Sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Sites, services, or tools;
(ii) posting of an items in inappropriate category or areas on our Sites and services;
(iii) collecting information about users’ personal information;
(iv) maneuvering the price of any item or interfere with other users' listings;
(v) post false, inaccurate, misleading, defamatory, or libelous content;
(vi) take any action that may damage the rating system.


REGISTRATION INFORMATION

For you to complete the sign-up process in our Site, you must provide your full legal name, current address, a valid email address, member name and any other information needed in order to complete the signup process. You must qualify that you are 18 years or older and must be responsible for keeping your password secure and be responsible for all activities and contents that are uploaded under your account. You must not transmit any worms or viruses or any code of a destructive nature. Any information provided by you or gathered by the Site or third parties during any visit to the Site shall be subject to the terms of Mwaah’s Privacy Policy.

FACEBOOK CONNECT REGISTRATION

Acting in agreement with the terms and conditions as set out by Facebook (http://www.facebook.com/legal/terms), any content, data or information provided through Facebook will remain under ownership of Facebook. In using the Facebook Connect service on the Site, you agree to allow Mwaah access to details and information held by Facebook.


TERM

This Agreement will remain in full force and effect while you use the WebSite. You may terminate your membership at any time for any reason. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect.


NON-COMMERCIAL USE BY MEMBERS.

Members on this social networking webSite are prohibited to use the services of the webSite in connection with any commercial endeavors or ventures. This includes providing links to other webSites, whether deemed competitive to this webSite or not. Juridical persons or entities including but not limited to organizations, companies, and/or businesses may not become Members of Mwaah and should not use the Site for any purpose.


LINKS & FRAMINGS

Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Sites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the Site and you are allowed to establish hyperlink to appropriate part within the Site provided that:
(i) you post your link only within the forum, chat or message board section;
(ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the Site;
(iii) the link does not state or imply any sponsorship or endorsement of your Site and
(iv) you immediately stop providing any links to the Site on written notice from us.
However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our Sites.

CHANGE OF USE

Mwaah reserves the right to:
(i) change or remove (temporarily or permanently) the Site or any part of it without notice and you confirm that Mwaah shall not be liable to you for any such change or removal and.
(ii)  change these Terms and Conditions at any time, and your continued use of the Site following any changes shall be deemed to be your acceptance of such change.

LINKS TO THIRD PARTY WEBSiteS

The Mwaah Site may include links to third party webSites that are controlled and maintained by others. Any link to other webSites is not an endorsement of such webSites and you acknowledge and agree that we are not responsible for the content or availability of any such Sites.

COPYRIGHT

(i) All copyright, trade marks and all other intellectual property rights in the Site and its content (including without limitation the WebSite design, text, graphics and all software and source codes connected with the WebSite) are owned by or licensed to Large Productions & Mwaah or otherwise used by Mwaah as permitted by law.
(ii) In accessing the Site you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the WebSite for personal, non-commercial home use only.

DISCLAIMERS AND LIMITATION OF LIABILITY

(i) The Site is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
(ii) To the extent permitted by law, Mwaah will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the WebSite.
(iii) Mwaah makes no warranty that the functionality of the WebSite will be uninterrupted or error free, that defects will be corrected or that the WebSite or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
(iv) Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Mwaah for death or personal injury as a result of the negligence of Mwaah or that of its employees or agents.

INDEMNITY

You agree to indemnify and hold Mwaah and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Mwaah arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this WebSite.

SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.


WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the Site or any part of it at anytime. The information, content and services on the Site are provided on an “as is” basis. When you use the Site and or participate therein, you understand and agree that you participate at your own risk.


INTELLECTUAL PROPERTY RIGHTS

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the Site, and that You will not acquire any right, title, or interest in or to the Site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.


CONFIDENTIALITY

You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Mwaah. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.


NON-ASSIGNMENT OF RIGHTS

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.


WAIVER

Failure of Mwaah to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.


SEVERABILITY OF TERMS

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.


ENTIRE AGREEMENT

This Agreement shall be governed by and construed in accordance with the substantive laws of Herts & Essex, England, UK, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.


Choice of Law; Jurisdiction; Forum

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of England, UK, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual country or state of residence.

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