Terms and Conditions

Introduction

MultiPLX, is an information aggregator [and search engine] that helps you find information and share it with your friends. MultiPLX can be accessed from your mobile phone, tablet or PC. MultiPLX service is operated by Kosmaz Technologies LLC and consists of the MultiPLX website, information aggregator and other related features and services offered by MultiPLX, such as the information aggregator, search engine and discussion forum within which search results and other content can be shared (collectively, the “MultiPLX Service”). MultiPLX is willing to license “MultiPLX Service” to you only upon the condition that you abide by these terms. By accessing and/or using “MultiPLX Service”, you are indicating that you agree to abide by these Terms.

Unless explicitly stated otherwise, any new features which may be added to the MultiPLX Service, including the release of new MultiPLX Service and software, are subject to these Terms of Service.

Changes to these Terms of Service

MultiPLX may, in its sole discretion, make changes to these Terms of Service at any time by publishing in this page. You should check this page from time to time to take notice of any changes. If you do not accept any changes to these Terms of Service, you should stop using the MultiPLX Service immediately. If you continue to use the MultiPLX Service after changes have been posted on this page , you will be deemed to have accepted the new Terms of Service.

Access

Please read this Agreement carefully before accessing or using MultiPLX Service. By accessing or using any part of MultiPLX Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access MultiPLX Services. MultiPLX reserves the right to withdraw or amend the MultiPLX Service without notice. MultiPLX will not be liable if, for any reason, MultiPLX Service is unavailable for any period of time.

Registration may be required for the use of certain features of the MultiPLX Service. By registering as a user of the MultiPLX Service, you represent and warrant that you understand and agree to these Terms of Service. If you create an account on MultiPLX web page, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify MultiPLX of any unauthorized uses of your account, your account or any other breaches of security.

MultiPLX will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

MultiPLX reserves the right to deactivate user accounts and user names that have been inactive for more than 180 days.

Privacy Policy

MultiPLX processes information about you in accordance with its Privacy Policy. Please make sure you read our Privacy Policy. By using the MultiPLX Service, you will be deemed to have accepted the Privacy Policy.

Responsibility of Members and conditions of use

The MultiPLX Service is made available for your personal, non-commercial use only. You may not use the MultiPLX Service for any illegal or unauthorized purpose.

You understand that all information (such as data, text, computer software, music, audio files, graphics, photographs, video, messages and other materials) (“Content”), which you may access as part of, or through your use of, the MultiPLX Service, are the sole responsibility of the person or company from which such Content originated. You are entirely responsible for the content of, and any harm resulting from, that Content.

MultiPLX does not exercise any editorial control over Content accessed through the MultiPLX Service and MultiPLX has no obligation to check the accuracy of any Content available through the MultiPLX Service, nor to monitor any MultiPLX user’s use of the MultiPLX Service. MultiPLX does not control Content accessed via the MultiPLX Service and does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the MultiPLX Service, you may be exposed to Content that you may find offensive, indecent or objectionable and that you use the MultiPLX Service at your own risk.

By using MultiPLX Service you represent and warrant that: copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; the Content does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other accounts and web sites, and similar unsolicited promotional methods; your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own.

Multiplex grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive right and license to use the software provided to you by Multiplex as part of the Multiplex Service. You must not modify, adapt, translate, or reverse engineer any portion of the Multiplex Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Multiplex Service, except as expressly authorized by Multiplex.

Intellectual Property

This Agreement does not transfer from Multiplex to you any Multiplex or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Multiplex. Multiplex, the Multiplex logo, and all other trademarks, service marks, graphics and logos used in connection with Multiplex are trademarks or registered trademarks of Multiplex or Multiplex's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Multiplex Services grants you no right or license to reproduce or otherwise use any Multiplex or third-party trademarks.

Third Party Content

Multiplex sometimes aggregates content and data from different sources as part of the MultiPLX Service. This content and data are provided by third parties and any comments or views expressed within them are not the views of Multiplex and are not endorsed or shared by Multiplex. This content and date is provided by the Multiplex Service for convenience and should be used by users at their own risk. Any information contained in the content and data may be inaccurate or misleading and should not be relied upon. This content and data may become temporarily, or permanently unavailable and/or may be subject to change without notice.

Multiplex will endeavor to provide users with content and data which may be of interest to them. Multiplex shall not be held responsible if any content or data is no longer available or, is changed or, if the content or data is no longer aggregated as part of the Multiplex Service. Multiplex excludes liability to the maximum extent permitted by law for any loss or damage however arising as a result of or in connection with any content or data no longer being aggregated by the Multiplex Service or, any reliance on any statement, view or comment expressed within this content or data, or for any copyright infringed by the content or data provider.

Termination

Multiplex may terminate your access to the Multiplex Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Multiplex account (if you have one), you may simply discontinue using the Multiplex Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Copyright Infringement and DMCA Policy

If you believe that your copyrighted work has been copied in a way that infringes upon your copyrights and is accessible via the MultiPLX Service, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). In order for your complaint to be valid under the DMCA, please include the following information: • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • 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; • Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; • Information reasonably sufficient to permit Alphonso Labs to contact you, such as an address, telephone number, and, if available, an electronic mail; • 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 • 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. MultiPLX's designated Copyright Agent to receive notifications of claimed infringement is: privacy @MultiPLX.com

Links to Third Party Sites

The Multiplex Service includes links to third party websites, content or resources, including links provided as automated search results (“third party sites”). If you use the links to access third party sites, you may leave the Multiplex Service and your browser may be directed to the third party sites. Third party sites may have their own terms of use and privacy policy and those third party sites may have different practices and requirements. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MultiPLX links, and that link to MultiPLX. MultiPLX does not have any control over those websites and webpages, and is not responsible for their contents or their use. You acknowledge and agree that Multiplex is not responsible for the availability of any third party sites, and does not endorse any advertising, products or other materials on or available from such websites or resources. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MultiPLX disclaims any responsibility for any harm resulting from your use of non- MultiPLX websites and webpages.

Advertisers/MultiPLX Promotions

You agree that in return for your use of the MultiPLX Service, MultiPLX may display advertisements and promotions on the MultiPLX Service and these advertisements may be targeted to the content of information stored on the MultiPLX Service, queries made through the MultiPLX Service or other information.

Once you register and begin to use MultiPLX Services, MultiPLX may use information gathered from your use of the MultiPLX Service to create a user profile. In addition, your user profile will be altered by other actions you take, such as sending an a search result to another user or publishing or sharing any other Content on the MultiPLX Service. All of the information that is generated by your activity on the MultiPLX Serivce is used to further alter your profile so that MultiPLX can tailor its service to provide you with more content which may be of interest to you. MultiPLX also maintains a central database of information collected by your use of the MultiPLX Service (which may include your personal information). MultiPLX may offer some of this information to third parties who may develop new products and services to be offered via the MultiPLX Services. MultiPLX does not process any personally identifiable information related to your use of the MultiPLX Service and/or profile in any manner other than as set out in these Terms of Service.

Third party advertisement companies may serve targeted advertisements to you based on information they collect (which is generally not personally identifiable) from you via cookies or based on the user profiles created by MultiPLX . We suggest you to read these businesses’ privacy policies if you are concerned about how they will handle your information. For more information about how your personal information will be handled by us, please see our privacy policy.

The manner, mode and extent of advertising by MultiPLX on the MultiPLX Service are subject to change without specific notice to you.

Disclaimers

You understand and agree that The MultiPLX Service are provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that The MultiPLX Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality of any products, services or Content provided through The MultiPLX Service or the accuracy, timeliness, truthfulness, completeness or reliability of any Content provided through The MultiPLX Service.

Limitation of Liability

MULTIPLEX WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE MULTIPLEX SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE MULTIPLEX SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE MULTIPLEX SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT MULTIPLEX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUNDTO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Exclusions

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

Indemnification.

You agree to indemnify and hold harmless MultiPLX, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the MultiPLX Service, including but not limited to your violation of this Agreement.

Miscellaneous

This Agreement constitutes the entire agreement between MultiPLX and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MultiPLX, or by the posting by MultiPLX of a revised version.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles.

The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MultiPLX may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.


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