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TOMA

MetroWorlds Terms of Membership and Software License
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With the installation of MetroWorlds, you (The User) agree to the MetroWorlds Terms of Membership Agreement and Software License.
Included is the outline of the Terms of Membership

1. Agreement Definition and Scope
2. Registration and Account Information
3. Your Rights and Responsibilities
a) Conduct and Communication
b) Content
c) MetroWorlds and Third Party Rights
d) No Pre-Screening of Communications or Content
e) Advertisements and Third Party Products/Services
f) Privacy
4. MetroWorlds Software
5. No Warranty
6. Limitation of Liability
7. Indemnification
8. Restriction of Access/Limiting Privileges and Termination.
9. Law and Arbitration

For questions related to the Terms of Membership, send e-mail to support@metroworlds.com.

1. General. The MetroWorlds service is provided by MetroWorlds. (“MetroWorlds”) to you (“User”), subject to the terms of this Agreement. Any technical support for MetroWorlds that may be provided by MetroWorlds is also subject to these Terms of Membership. The MetroWorlds Terms of Membership comprise the entire agreement between MetroWorlds and the User, and supersede any other agreement, written or oral, relating to MetroWorlds provided. However, MetroWorlds may see fit to revise the Terms of Membership at any time. Such revision will be effective thirty (30) days after the revised Terms of Membership are posted at http://www.metroworlds.com/toma; or the date the User receive notification of changes to the Terms of Membership via email or social media outlets. If any revisions prove unacceptable to the User, Membership may be terminated as provided below. Continued use of the MetroWorlds Service following notice of term changes will be deemed acceptance of all revised and new MetroWorlds Rules.

2. Registration and Account Information. To use the service, the User must register as a MetroWorlds Member, create an Avatar Identity, and select a password. The User agrees to provide MetroWorlds with accurate and complete account information. Failure to do so will constitute an agreement breach. Unauthorized access to MetroWorlds worlds may result in immediate termination of the User account. The User may not select or use a name of another individual for the Avatar Identity name, in violation of the rights of any person. Or an Avatar Identity name that MetroWorlds deems offensive.

The User may not engage in spoofing or otherwise impersonating any persons in the course of using MetroWorlds worlds. To “spoof” or “impersonate” means to assume another person’s identity in such a manner that, in MetroWorld’s sole discretion, a reasonable person does not or would not know that you are not in fact such person, and/or to assume another person’s identity in such a manner that, in MetroWorld’s sole discretion is offensive, embarrassing or harmful in any manner to any person or MetroWorlds.

The User is entirely liable for all activities conducted in MetroWorlds through the Avatar Identity. In cases where the User has provided authorization to another individual, including minors, to make use of an Avatar Identity, the User recognizes that he or she is wholly responsible for the online conduct of such User. The User acknowledges that some areas of MetroWorlds Worlds may contain material and conversation that is inappropriate for minors under the age of 13. MetroWorlds reserves the right to restrict access to certain parts of the MetroWorlds service based on a User’s age.

The User is solely responsible for maintaining the confidentiality of the account password, and is solely liable for any harm that may result from the disclosure of any password or from its resulting use by any. At no time should a User ever respond to an online request for a password. MetroWorlds will never request a User’s password online.

For specific technical questions, please visit our Technical Support Area on this website.

Much of the MetroWorlds Service is open to all Users (defined as “Public Areas”. There are also certain areas which are only open to specific Users, and generally by invitation only. These are “Private Areas”. Membership in MetroWorlds does not guarantee the User access to any Private Areas, as entrance into Private Areas is determined by the Users or Management who sponsor such Private Areas.

3. Rights and Responsibilities.

(a) Conduct and Communication. The User agrees to use MetroWorlds only for lawful purposes and in accordance with the Terms of Membership Agreement. MetroWorlds may elect at its sole discretion to monitor the Public or Private Areas of MetroWorlds for compliance with the MetroWorlds Rules. Any conduct that in MetroWorld’s sole discretion is inconsistent with the MetroWorlds Rules will not be permitted, and will entitle MetroWorld’s, in its sole discretion and without notice, to limit membership privileges or immediately terminate such User’s membership.

(b) Content. MetroWorlds may contain information, communications, software, photos, video, graphics, music, sounds and other material and services (collectively, “Content”). Such Content may be provided under license by independent content providers (“Independent Content Providers”) and other MetroWorlds Members. Each Member and Independent Content Provider must evaluate and bear the risk associated with, the accuracy, completeness or usefulness of any Content. MetroWorlds does not pre-screen Content. MetroWorlds has the right, but not the responsibility, to remove Content which is inconsistent with the MetroWorlds Rules.

(c) MetroWorlds and Third Party Rights. Content may be protected by copyrights, trademarks, and other proprietary rights of MetroWorlds and third parties (“Rights”). Your use of Content will be governed by applicable copyright and other intellectual property laws. You agree to transmit on or through MetroWorlds only Content that is (i) not subject to any Rights, or (ii) expressly licensed by the holder(s) of such Rights for distribution on MetroWorlds worlds. By transmitting Content to any Public Area and/or submitting Content to MetroWorlds (including but not limited to the submission of any ideas of how to improve the MetroWorlds experience), the User hereby grants, and warrants that MetroWorlds has the royalty-free, perpetual, irrevocable, non-exclusive worldwide right and license to use, reproduce, adapt, translate, create derivative works from, distribute, transmit, perform and display such Content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights in such Content and grant to each Member the further right and license to access, view, store and reproduce the Content for personal use. Furthermore, you agree to abide by the U.S. and other applicable export control laws and not to transfer, any Content which is subject to such laws without complying with any requisite government authorization.

(d) No Pre-Screening of Communications or Content. You agree that MetroWorlds cannot determine in advance the accuracy, or conformance to the MetroWorlds Rules, of communications and Content transmitted on MetroWorlds. MetroWorlds is not responsible for screening, policing, editing, or monitoring such communications and Content. If notified of communications or Content which are alleged not to conform to the MetroWorlds Rules, MetroWorlds may determine in good faith and in its sole discretion whether to remove or request the removal of such Content from MetroWorlds, or take other action as deemed appropriate by MetroWorlds. MetroWorlds has no liability to the User in respect of its performance or non-performance of such activities.

(e) Advertisement and Third Party Products/Services Advertised In MetroWorlds Worlds.

You may not advertise any real-world products or services without the express written consent of MetroWorlds. To the extent MetroWorlds authorizes such advertising, it should be recognized that MetroWorlds does not endorse or guarantee any product or service, and will not be a party to any transaction between the User and any third-party provider of such products or services. Furthermore, the User acknowledge that by clicking on certain icons located in MetroWorlds of advertisers or other third parties, you may be linked to Internet web sites/locations that are not controlled by MetroWorlds. There may be some content on these third party websites/locations to which you may be linked which may be offensive to some individuals, or which may not be in compliance with legal requirements and other rules, including these Terms of Membership. MetroWorlds assumes no responsibility for and does not endorse the content contained on any such websites/locations. (Please note that the “tokens” and any other “play currencies” offered through MetroWorlds have no redeemable value, and may not be used to purchase any (real) products or services advertised through MetroWorld’s worlds.)

(f) Privacy Policy. MetroWorlds will not sell or trade member identity information to third parties. MetroWorlds has the right to make exceptions and release your Member Identity Information in appropriate circumstances, as determined in MetroWorld’s sole discretion, such as (a) to comply with law or legal process, (b) to protect the rights or property of MetroWorlds and others, (c) when an individual’s physical safety may be at risk, or (d) in connection with investigations regarding activities which break any laws. Please also note that because access to a MetroWorlds World is via the Internet, any of your communications, intended to be private or otherwise (including submission of your password), as you send them over the Internet to a MetroWorlds World may be intercepted by others. MetroWorlds has no control, liability or responsibility for any interception and unauthorized use by any third parties of any such communications.

5. MetroWorlds Software. You may access MetroWorlds only by using the MetroWorlds Software, which is available at no charge for downloading at http://www.metroworlds.com. The MetroWorlds Software is subject to the license agreement located at http://www.metroworlds.com, and may only be used for connecting to MetroWorlds worlds and in accordance with the license terms.

Any software that you develop or obtain from an independent entity that operates with or on MetroWorlds or the MetroWorlds Software is referred to as “Ancillary Software.” MetroWorlds does not warrant that any future changes to, or new releases of, MetroWorlds Software will not impact your ability to use any such Ancillary Software with MetroWorlds Software. MetroWorlds has no responsibility to provide new releases or make changes to its software or service to make any such Ancillary Software operate properly.

6. No Warranty. MetroWorlds and the MetroWorlds Sofware are provided on an “as is” and “as available” basis, without warranties of any kind, either express, implied or statutory unless and except to the extent such warranties are legally incapable of exclusion. Without limiting the foregoing, MetroWorlds does not warrant that access to the MetroWorlds Worlds will be available at all times, or at any particular times. The User expressly agrees that use of and participation in the MetroWorlds services is done so at his or her sole risk.

7. Limitation of Liability. MetroWorld’s liability to you for any breach of this agreement, or any action or inaction otherwise relating to this agreement and MetroWorlds, is limited solely to the amount paid by the User to MetroWorlds during the past 2 months to access and use the MetroWorlds service.

Under no circumstances and under no legal theory, shall MetroWorlds be liable to the User or any other person for any indirect, special, punitive, exemplary, incidental or consequential damages even if MetroWorlds has been informed of the possibility of such damages.

Some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to every User. MetroWorld’s liability in such jurisdictions is limited to the extent permitted by law.

8. Indemnification. The User agrees to defend, indemnify and hold harmless MetroWorlds, its owners, staff, affiliated companies, licensors, licensees, suppliers and Independent Content Providers from all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from or relating to (i) breach of any law or the MetroWorlds Rules, or infringement of any intellectual property or other rights, by worlds, (ii) the harassment or defamation of any other User, person or entity by the User or Avatar Identity, or (iii) any other misconduct committed by the User or Avatar Identity. MetroWorlds reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder.

9. Restriction of Access/Limiting Privileges and Termination.

MetroWorlds retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to restrict the User’s access to any of the MetroWorlds Worlds and/or limit the User’s MetroWorlds membership privileges. Furthermore, either the User or MetroWorlds may terminate membership in a MetroWorlds World at any time without liability. The User’s only right with respect to any dissatisfaction with any (i) MetroWorlds Terms of Membership, or practice of MetroWorlds in operating MetroWorlds worlds, (ii) Content available through MetroWorlds, or (iii) amount or type of fees or billing methods, or change therein, is to terminate Membership by discontinuing use of the User account. The termination of the User’s account will be effective 60 days after the last use of MetroWorlds. In the event that the account is terminated or canceled, no refund of any fees will be granted.

10. Law and Arbitration. Should any part of the MetroWorlds Terms of Membership be held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. The MetroWorlds Terms of Membership will be governed by the laws of Belize, excluding its conflicts of law rules. Any dispute or claim arising out of or related to this Agreement shall be settled by binding arbitration in Belize City, Belize, in accordance with the Commercial Rules of the American Arbitration Association. Any such matter shall be submitted to arbitration within three (3) months after the dispute or claim arises, and the failure to institute arbitration proceedings within such period shall constitute an absolute bar to the institution of any proceedings and a waiver of all such claims. Judgment as to any award or determination made in such arbitration may be enforced in any court of competent jurisdiction, and the User and MetroWorlds each submit to the exclusive jurisdiction of the courts of Belize.

MetroWorlds and the MetroWorlds logo are trademarks of MetroWorlds. All other trademarks appearing in MetroWorlds are trademarks of their respective owners.

MetroWorlds Software License Agreement
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With the installation of the “MetroWorlds Software” and using it to participate in the MetroWorlds service, the User agrees to the following agreement between the User and MetroWorlds.

1. License and Restrictions. The User may use this Software on his or her personal computer or a computer of which he or she is the primary user. The Software is copyrighted and title to all copies is retained by MetroWorlds. The User may copy this Software for back-up purposes. The User must cause all copyright and other proprietary rights notices contained in or affixed to the Software to be reproduced or applied, as applicable, and maintained on any copy of the Software. The User shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer the Software. Except for the limited right specified above, the Software may not be copied in any other manner. The Software may not be transferred, leased, assigned, or sublicensed, in whole or in part. The Software remains the property of MetroWorlds. The User may terminate this License at any time by destroying all copies of the Software. This License will terminate immediately without notice from MetroWorlds. if the User fails to comply with any provision of this License, if the User’s access to MetroWorlds is terminated or if the MetroWorlds Service is discontinued. Upon termination, the User must destroy or erase from his or her computer all copies of the Software.

2. No Warranty. The User is solely responsible for the installation and use of the Software and for achieving intended results. The Software is provided “AS IS,” and AS AVAILABLE, without a warranty of any kind. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.

3. Limitation of Liability. IN NO EVENT SHALL METROWORLDS AND BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF FSBA AND ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Indemnification. The User agrees to indemnify and hold MetroWorlds content providers, employees and agents harmless from any liabilities, claims and expenses, including reasonable attorney’s fees, caused by or arising out of any breach of this License THE USER ACKNOWLEDGES THAT HE OR SHE HAS READ THIS LICENSE AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS. IF THE USER DISAGREE, PLEASE ERASE THE SOFTWARE FROM YOUR COMPUTER.