TERMS OF USE AGREEMENT:

IMPORTANT: In placing your order for use of mlmflashmovies.com, you signify your acceptance of the following terms and conditions of this "Terms of Use" agreement. It is your responsibility to review, understand, and agree to the terms and conditions provided below.

This Agreement serves as a binding legal agreement between you, the customer, hereafter referred to as "Customer," and mlmflashmovies.com, otherwise referred to as "MLM".

Terms of Use Agreement are hereafter referred to as "Agreement." associates refers to any vendor or other party involved with MLM.

MLM extends use of its proprietary Flash Presentations and Flash movies to Customer’s only, upon Customer’s acceptance to the terms and conditions of this agreement and upon credit card approval of Customer's order.

Upon credit card approval, your MLM Flash presentations, Flash movies and or Mini-site will be activated.

INTRODUCTION:

MLM is an online Flash presentations and Flash movies business building tool which offers a number of services to Customers which include, but are not limited to the following: Use of MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, a back office that includes a Contact Manager.

TERMS AND CONDITIONS OF AGREEMENT:

CUSTOMER RIGHTS AND RESPONSIBILITIES:

Customer will receive and has the right to use MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites
Satisfaction Guarantee: Customer has a 24 hour right of cancellation of initial activation. If Customer decides to cancel their MLM account within 24 hours of initial activation date, customer will receive a full refund. If Customer wishes to exercise this right, they must send an email to support@mlmFlashmovies.com requesting to be cancelled within 24 hours of initially activating date their service.
Updating of Account Information: Customer is responsible for providing current credit card information, by going to your Back Office and updating your billing information listed under Account Information.
Customer has the right to use their MLM Landing pages, Flash Site Intros, Flash Movies Presentations and Mini-sites only in accordance with all federal, state, county, and municipal laws and ordinances.
No Assignment: Customer may not assign any rights or delegate any duties under this Agreement without the prior written consent of MLM . Any attempt to transfer or assign this Agreement without the express written consent of MLM , renders this Agreement void at the option of MLM and may result in termination of this agreement.
Customer is not an employee, agent, partner, legal representative, or franchisee of MLM.
Customer is not authorized to and will not incur any debt, expense, or obligation on behalf of, for, or in the name of MLM and its owners.
Customer agrees to be solely responsible for paying all expenses incurred in the operation of Customers' MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, but not limited to travel, food, lodging, secretarial, office, long distance telephone, advertising, promotion, and all other expenses.
Effective Time of Agreement: The initial term of this Agreement begins immediately upon Customer's account activation with MLM and continues until Customer cancels all service with MLM or until MLM suspends or cancels service to Customer. Customer understands that cancellation or suspension of MLM service by either Customer or MLM signifies the end of use of all Flash movies or other services previously provided to the Customer by MLM.
MLM Flash Movie options:

Mini-Site: one-time set up fee of $29.95, due when order for a Mini-site is placed.
Monthly access fee of $29.95 will be debited from your credit card every 30 days.
Quarterly access fee $69.95 save $10, $69.95 is billed to your credit card every 90 days.
Semi-annually access fee $149.95 save $29.75, $149.95 is billed to your credit card every 6 months.
Annually access fee is $299.95 you save $59.45, $299.95 is billed to your credit card once a year.

CANCELLATION OF ACCOUNT:

All MLM Customers may cancel their account at any time, if customer cancels prior to the end of the billing period the remainder of access fee is non-refundable. Customer must notify MLM by email support@mlmflashmovies.com requesting the cancellation of Customers MLM service 14 days prior to the Customer’s next bill date, if Customer does not inform MLM by email to support@mlmflashmovies.com 14 days prior to their next billing date then Customer will be charged the for the next billing cycle.

1. TERMS OF USE OF CUSTOMER SITE:

Customer understands and agrees with the following Terms of Use:

In order to permit MLM to protect the quality of its products and services, you hereby consent to MLM, being able to access your account and records if deemed necessary and on a case by case basis. You acknowledge that MLM Landing pages, Flash Site Intros, Flash Movies and Mini- Sites (collectively "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.

All Content is copyrighted as a collective work under the U.S. copyright laws, and the parent of MLM, owns a copyright in the selection, coordination, arrangement and enhancement of such Content. MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites names and logos are trademarks MLM. All other trademarks appearing on the Site are trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content from commercials, or the MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, in whole or in part.

You are granted permission, to the extent necessary in order to lawfully access and use your MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites to display, download, archive and to print in hard copy, portions of both websites for personal use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.

This permission terminates automatically if you breach any of these Terms of Use, or if this Agreement is terminated. Upon termination, you must immediately destroy any downloaded or printed materials. You may not, without prior written permission from MLM, remove or mirror any material contained on the MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites on any other website or server.

You agree that you will not copy, disassemble, de-compile, or otherwise reverse engineer the Flash movies, in the Tell A Friend section, the MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, or otherwise attempt to learn the source code, structure, algorithms or ideas underlying, the Flash movies in the Tell A Friend section, the MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, or take any action contrary to this Agreement.

2. RIGHTS AND RESPONSIBILITIES OF MLMFLASHMOVIES:

MLM may modify this agreement from time to time. Customer understands and agrees to be bound by any such modifications. MLM will notify Customer either through email and/or post any changes in a place of prominence on the MLM website for Customer to review. Should any modification be unacceptable to Customer, termination of the MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, will be the Customer's only recourse. Continued payment for the MLM web site following such modifications will constitute acceptance of such modification
MLM has the right, at its sole discretion, to make any and all changes and updates to Customer websites without any prior notification to Customer.
MLM, reserves ownership of all property, both intellectual and tangible, contained within, derived from, or created as a result of MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, the Flash movies in the Tell A Friend section, the MLM site.. Customer is subscribing to rent the use of MLM Landing pages, Flash Site Intros, Flash Movies Presentations and Mini-sites and a back office.
Use of MLM trade names, trademarks, designs or symbols by customer without prior specific written authorization from the appropriate representative of MLM is strictly prohibited. Intentional and willful abuse of the Flash movies MLM website by a customer is grounds for immediate termination. MLM may at its discretion, charge a Customers' credit card on file up to $ 100.00 per incident, if such abuse can be documented and attributed to the CUSTOMER.

3.DISCLAIMER OF WARRANTIES:

MLM, uses diligent efforts to maintain MLM Landing pages, Flash Site Intros, Flash Movies and Mini websites, a back office that includes a Contact Manager, is not responsible for any defects or failures associated with the MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, a back office that includes a Contact Manager, or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.

The MLM Landing pages, Flash Site Intros, Flash Movies and Mini websites, a back office that includes a Contact Manager "as is" and customer agrees to use at their own risk. MLM expressly disclaim all warranties of any kind, implied or expressed.

MLM makes no warranty, representation, or guarantee that the MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, a back office that includes a Contact

Manager will meet your requirements, that the web site and service will not be interrupted, that the websites, system, and customer service will be timely, secure, or error free.

MLM, and any of its vendors shall not be liable to you or any other person or entity for any damages, caused in part by your use of the Flash movies or your use of the MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, a back office that includes a Contact Manager, your reliance on information displayed on the MLM web site, or MLM support services. We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or use of the MLM Landing pages, Flash Site Intros, Flash Movies and Mini websites, a back office that includes a Contact Manager, even if we have been advised of the possibility of such damages.

Some states do not allow the limitation or exclusion of implied warranties or liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you.

MLM, and its associates disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:

a) Any errors in or omissions from the MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, a back office that includes a Contact Manager and its content, including but not limited to technical inaccuracies and typographical errors,

b) The unavailability of the MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, a back office that includes a Contact Manager or any portion thereof,

c) Your use of the MLM Landing pages, Flash Site Intros, Flash Movies and Mini websites, a back office that includes a Contact Manager or your use of any equipment or software in connection with the MLM services, MLM makes no warranty, representations, or guarantees, implied or otherwise, regarding the security of your account, or that the MLM Landing pages, Flash Site Intros, Flash Movies and Mini websites, a back office that includes a Contact Manager are free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage.

4. LIMITATION OF LIABILITY:

At no time and in no event will MLM, or any of its vendors or business associates be liable for any damages, including and without limitation, direct or indirect, special, incidental, compensatory, exemplary, or consequential damages, losses or expenses including, but not limited to, damages for loss of profits, goodwill, use of data or other intangible losses, even if MLM has been advised of the possibility of such damages however caused, and under any theory of liability arising out of, or, in connection with, any or all of the following: (A) use of the Flash movies, MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, a back office that includes a Contact Manager by any party; or (b) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, or (C) unauthorized access to or of your transmissions of data, or (d) line or system failure or the introduction of a computer virus, or other technical sabotage, or (e) any other matter relating to the Flash movies, the MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, a back office that includes a Contact Manager or operation of such movie, commercials, and sites. In no event shall MLM liability to you for all damages, losses, and causes of action, whether in contract, tort, or otherwise, exceed the amount paid by you, if any, for use of the Flash movies, MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, a back office that includes a Contact Manager.

5.INDEMNIFICATION:

Customer is entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities, which occur, under your account. You agree to indemnify, defend, and hold harmless MLM, Associates and subsidiary companies, officers, directors, employees, consultants, agents, and associates from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the Flash movies, your personalized MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites, your violation of the Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify MLM of any unauthorized use of your account or any other breach of security known to you. MLM is solely the provider of the design and technology for the Flash movies.

6. VIOLATION OF AGREEMENT:

Customer understands that if they fail to comply with the terms of this Agreement, MLM, may, at its discretion, terminate this Agreement. Customer acknowledges that they understand that the failure to timely pay the monthly service charge of $25.00 constitutes a breach of this Agreement.

To the extent permitted by law, MLM, its directors, officers, shareholders, employees, assigns, successors, agents, and vendors (collectively referred to as "associates"), shall not be liable for, and you agree to release MLM, and its associates from, and waive all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by me as a result of:

My breach of this Agreement
The improper promotion or operation of MLM Landing pages, Flash Site Intros, Flash Movies, Mini-sites and Back office and any activities related to all of the above;
Any incorrect or wrong data or information provided by me; or
Governing Law, Jurisdiction and Venue; this agreement will be governed by and construed in accordance with the laws of the State of New Jersey, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in New Jersey, and I consent irrevocably to the jurisdiction of such courts.
The failure to provide any information or data necessary for MLM, to operate its business. I further agree to indemnify, hold harmless, and, if necessary, defend at my expense MLM and its associates against any and all claims, demands, costs, losses, damages, liabilities, judgments, attorney fees and all other expenses arising from or alleged to have risen from connection with the Flash movies, the MLM back office, MLM web site.

7. ENTIRE AGREEMENT:

This Agreement contains the entire contract between MLM and the Customer. Any statements, promises, representations, offers, or other communications, verbal or otherwise, not expressly set forth in this Agreement are null and void and will have no legal standing.

8. WAIVER:

Any waiver by MLM of any breach of this Agreement must be in writing and signed by an authorized officer of MLM. Waiver by MLM of any breach of this Agreement by me shall not operate or be construed as a waiver of any subsequent breach.

9. SEVERABILITY:

In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and the balance of the Agreement will remain in full force and effect.

10. GOVERNING LAW, JURISDICTION AND VENUE:

Governing Law, Jurisdiction and Venue; this agreement will be governed by and construed in accordance with the laws of the State of New Jersey, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in New Jersey, and I consent irrevocably to the jurisdiction of such courts.

11. ACKNOWLEDGMENT:

Customer acknowledges that they have read this Agreement and agree to all of its terms and conditions. Customer confirms they have independently concluded that the Flash movies, MLM Landing pages, Flash Site Intros, Flash Movies and Mini-sites are desirable and is not relying on any representations, statements, or guarantees other than those set forth in this Agreement.