Terms of Use
1. Your Acceptance

A. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using and/or visiting this website (collectively, including all Content available through the meltedworld.com domain name, the "Melted World Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Use"), (2)Melted World's Privacy Policy, found at http://www.meltedworld.com/melted_english/privacy.php,  and incorporated herein by reference, . If you do not agree to any of these terms, the Melted World Privacy Policy, please do not use the Melted World Website.
B. You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of this site and receipt of data, materials and information available at or through this site, the possibility of our review, use or display of your User Submissions (as defined below), and the possibility of publicity and promotion from our review, use or display of your User Submissions.
C. Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version http://www.meltedworld.com/melted_english/terms.php). Melted World may, in its sole discretion, without notice, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Your use of this site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. Melted World Website
A. These Terms of Use apply to all users of the Melted World Website, including users who are also contributors of video content, photographs content, information, and other materials or services on the Website. The Melted World Website includes all aspects of Melted World.
B. The Melted World Website may contain links to third party websites that are not owned or controlled by Melted World. Melted World has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Melted World will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Melted World from any and all liability arising from your use of any third-party website.
C. Accordingly, we encourage you to be aware when you leave the Melted World Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Melted World Accounts
A. In order to access some features of the Website, you will have to create a Melted World account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Melted World immediately of any breach of security or unauthorized use of your account.
B. Although Melted World will not be liable for your losses caused by any unauthorized use of your account; you may be liable for the losses of Melted World or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
Melted World hereby grants you permission to access and use the Website as set forth in these Terms of Use. No information, content or material from this site or any Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, noncommercial home use only, provided that:
A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without Melted World's prior written authorization.
B. You agree not to alter or modify any part of the Website, including but not limited to any information, content, materials or related technologies.
C. You agree not to access User Submissions (defined below) or Melted World Content through any technology or means other than the video playback pages of the Website itself or other explicitly authorized means Melted World may designate.
D. You agree not to use the Website for any commercial use, without the prior written authorization of Melted World. Prohibited commercial uses include any of the following actions taken without Melted World's express approval:

• sale of access to the Website or its related services on another website;
• use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue;
• the sale of advertising, on the Melted World website or any third-party website, targeted to the content of specific User Submissions or Melted World content;
• and any use of the Website or its related services that Melted World finds, in its sole discretion, to use Melted World's resources or User Submissions with the effect of competing with or displacing the market for Melted World, Melted World content, or its User Submissions. 

E. Prohibited commercial uses do not include:

• uploading an original video to Melted World, , to promote your business or artistic enterprise;
• any use that Melted World expressly authorizes in writing.

F. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Melted World servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Melted World grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Melted World reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

G. You will otherwise comply with the terms and conditions of these Terms of Use, the Privacy Policy, and all applicable local, national, and international laws and regulations.

H. Melted World reserves the right to discontinue any aspect of the Melted World Website at any time.

I. You keep intact all copyright and other proprietary notices

J. In the event that you download software from this site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may own the medium on which the Software resides, but we or our third-party licensors retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Software from this site is further subject to United States export controls. Without limiting the generality of the foregoing, no software from this site may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the U.S.; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.

5. Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Melted World Website.

A. The content on the Melted World Website, except all User Submissions (as defined imagyo below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Melted World, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Melted World reserves all rights not expressly granted in and to the Website and the Content.

B. You may access User Submissions solely:

• for your information and personal use;
• as intended through the normal functionality of the Melted World Service; and
• for Streaming.

"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the Melted World Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, and permanently downloaded by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."

C. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Melted World Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Melted World Service or otherwise as prohibited under this Agreement.

D. You may access Melted World Content, User Submissions and other content only as permitted under this Agreement. Melted World reserves all rights not expressly granted in and to the Melted World Content and the Melted World Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Melted World Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Melted World Website or the Content therein.

G. You understand that when using the Melted World Website, you will be exposed to User Submissions from a variety of sources, and that Melted World is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Melted World with respect thereto, and agree to indemnify and hold Melted World, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. Your User Submissions and Conduct

A. As a Melted World account holder you may post or otherwise send us any information, content or materials including, without limitation, data, text, messages, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and any other materials, as well as links to data, text, files, images, photographs, videos, audiovisual works, musical compositions (including lyrics), sound recordings, postings, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and other biographical information or material, web pages and any other materials (collectively, referred to as “User-Generated Content” or “User Submissions”) through such features or activities. You understand that whether or not such User Submissions are published, Melted World does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Melted World to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Melted World, you hereby grant Melted World a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to unrestricted use, reproduction, distribution, preparation of derivative works of, display, and perform the User Submissions in connection with the Melted World Website and Melted World's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Melted World Website (and derivative works thereof) in any media formats and through any media channels without the requirement of any permission from or payment to you or to any other person or entity. You also hereby grant each user of the Melted World Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Videos terminate within a commercially reasonable time after you remove or delete your User Videos from the Melted World Service. You understand and agree, however, that Melted World may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Melted World all of the license rights granted herein.

E. You agree that your conduct on the site will comport with this Terms of Use, which may be updated from time to time.

F. Melted World does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Melted World expressly disclaims any and all liability in connection with User Submissions. Melted World does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Melted World will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Melted World reserves the right to remove Content and User Submissions without prior notice.

No User Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any User Submission. Without limiting the foregoing, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream,  create derivative works based upon and publicly perform such User Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including, without limitation, on this site and on third party web sites) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the “Submissions License”). To the extent that any User Submissions submitted by you contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) contained in such User Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us (and our licensees, distributors, agents, representatives and other authorized users) a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such User Submissions. To the extent that we solicit User Submissions through features or activities on this site that require the use of our copyrighted works (in whole or in part), we hereby grant you a non-exclusive license to create a derivative work using our copyrighted works (in whole or in part); provided however, that such license shall be conditioned upon your assignment of all rights in the work you create to us (and our licensees, distributors, agents, representatives and other authorized users). If such rights are not assigned to us (and our licensees, distributors, agents, representatives and other authorized users), your license to create material using our copyrighted works (in whole or in part) shall be null and void. You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your User Submissions are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

You agree that any User Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the User Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to User Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to User Submissions submitted by you to us.

7. Account Termination Policy

A. Melted World will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

B. Melted World reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Melted World may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

C. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of this site (or any portion thereof).

8.     NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider’s Designated Agent.

Notification must be submitted to the following Designated Agent:
Service Provider: Melted World, LLC

Name of Agent Designated to Receive Notification of Claimed Infringement: Edgardo E. Colón, Esq.
Full Address of Designated Agent to Which Notification Should be Sent:

Edgardo E. Colón, Esq.
Edgardo E. Colón, P.C.
3000 Weslayan, Suite 365
Houston, Texas USA 77027

Telephone Number of Designated Agent: (713) 520-1064

Facsimile Number of Designated Agent: (713) 961-9420

E-Mail Address of Designated Agent: edgar@colonlawfirm.com

To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):

• A physical or electronic signature of 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 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 us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give notice to our users by means of a general notice on this site, electronic mail to a user’s e-mail address in our records,  If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. 

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Meltedworld may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

9.      GUIDELINES

Respect the Melted World community the following is a list of Guidelines applicable to this site. By using this site, you agree that:

• You will not submit, post, upload, distribute, or otherwise make available or transmit any User-Generated Content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; (e) infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or (f) does not comply with all terms and conditions applicable to the Submissions License (set forth above);
• You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by these terms of use (including, without limitation, the Submissions License), all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any User-Generated Content that you submit, post, upload, distribute or otherwise make available or transmit. As stated above with respect to the Submissions License (set forth above), to the extent that any Submissions submitted and/or posted by you contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) contained in such Submissions are available for licensing to us directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such Submissions;
• You will not (a) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any Public Forum for commercial purposes of any kind, or (b) use any product or service available on this site and RSS feeds or other similar type feeds) for commercial purposes of any kind;
• You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage this site or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of this site;
• You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph;
• You will not engage in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet;
• You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
• You will not submit, post, upload, distribute or otherwise make available or transmit any User-Generated Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum;
• You will not submit, post, upload, distribute or otherwise make available or transmit (or attempt to submit, post, upload, distribute or otherwise attempt to make available or transmit) any User-Generated Content in violation of a Public Forum’s restrictions including, but not limited to, its age restrictions, procedures and/or these terms of use; and
• You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity.
• You will not try to modify or alter in any way any part of this site.

We cannot and do not assure that other users are or will be complying with the foregoing Guidelines or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

To the extent that any feature on this site requires you to submit your e-mail address in order to send e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address, as applicable. Any business use, “re-mailing,” or other high-volume application is strictly prohibited. You are not permitted to send, e-mails or messages using an automated program.  E-mails may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver e-mails  that violate these guidelines.

WE MAY CHANGE THIS SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

10. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE MELTED WORLD WEBSITE SHALL BE AT YOUR SOLE RISK. THE INFORMATION, CONTENT AND MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MELTED WORLD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. MELTED WORLD MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,  AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MELTED WORLD WEBSITE. MELTED WORLD DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MELTED WORLD WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND MELTED WORLD WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THIS SITE, INCLUDING, WITHOUT LIMITATION, SUBMISSIONS, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MELTED WORLD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, , (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (VI) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THIS SITE OR ANY OTHER PERSON OR ENTITY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MELTED WORLD WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION

YOU SPECIFICALLY ACKNOWLEDGE THAT MELTED WORLD SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE WEBSITE IS CONTOLLED AND OFFERED BY MELTED WORLD FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA.MELTED WORLD MAKES NO REPRESENTATIONS THAT THE MELTED WORLD WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE MELTED WORLD WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THIS SITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THIS SITE IN AN ACCURATE OR TIMELY MANNER.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU.

12. Indemnity

You agree to defend, indemnify and hold harmless Melted World, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Melted World Website; (ii) your violation of any term of these Terms of Use ; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Melted World Website.

13. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use , and to abide by and comply with these Terms of Use . In any case, you affirm that you are over the age of 13, as the Melted World Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Melted World Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

14. Assignment

These Terms of Use , and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Melted World without restriction.

15. General

You agree that: (i) the Melted World Website shall be deemed solely based in Texas; and (ii) the Melted World Website shall be deemed a passive website that does not give rise to personal jurisdiction over Melted World, either specific or general, in jurisdictions other than Texas. These Terms of Use shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and Melted World that arises in whole or in part from the Melted World Website shall be filed, and that venue properly lies, only in state or federal courts located in Houston, Harris County, Texas USA, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  These Terms of Use, together with the Privacy Policy at http://www.meltedworld.com/melted_english/privacy.php and any other legal notices published by Melted World on the Website, shall constitute the entire agreement between you and Melted World concerning the Melted World Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Melted World's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Melted World reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Melted World Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND MELTED WORLD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE MELTED WORLD WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16.  Termination

These terms of use are effective until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of all or any part of this site and destroying all materials obtained from any and all such sites and all related documentation , whether made under these terms of use or otherwise. In the event that you terminate these terms of use, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage pre-paid to:
 
Member Services
5847 San Felipe, Suite 1700
Houston, Texas USA 77057
admin@meltedworld.com
We may immediately terminate these terms of use with respect to you (including your access to any and all parts of this site) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of all parts of this site and destroy all materials obtained from this site and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.

Copyright © 2008 Melted World LLC