Welcome to Lycos Cinema, an online community that offers premium video content for rental as well as a large library of free video content. Please read this Terms of Use Agreement carefully. By using the Lycos Cinema service, available at http://cinema.lycos.com, (the "Site") including all services and Content (as defined below) made available through the Site (the Site and such services and Content, collectively, the "Service"), you agree to these Terms of Use Agreement and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):
For purposes of clarity, the Privacy Policy and the General Terms of Service, as amended from time to time, are hereby incorporated into this Agreement by this reference. Please review all these documents carefully prior to using the Service. Please note that the General Terms of Service contain important provisions pursuant to which Lycos, among other things, disclaims representations and warranties, limits its liabilities in connection with the Service, and imposes indemnification and other obligations on you.
This Agreement is between you ("you") and Lycos, Inc. ("Lycos," "we," "us") concerning your use of the Service. By using the Service and accepting this Agreement, you represent and warrant to Lycos that you have the right, authority and capacity to agree to and abide by this Agreement. The Service is made available by Lycos subject to this Agreement. We reserve the right to update or make changes to this Agreement from time to time in our sole discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Service. You can determine when this Agreement was last revised by referring to the "LAST UPDATED" legend at the top of this Agreement. If you do not accept and abide by this Agreement, you may not use the Service.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Service, with or without notice; charge fees in connection with the use of the Service; modify and/or waive any fees charged in connection with the Service; and/or offer opportunities to some or all users of the Service. All services made available through the Service that were not made available as of the "LAST UPDATED" date above, shall automatically be deemed to be part of the Service when they are first made available through the Service. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service, in whole or in part, or of any service, content, feature or product offered through the Site. Your continued use of the Service after such changes will indicate your acceptance of such changes.
Lycos makes available materials, including graphic files, audio files, video files, movies, text, hyperlinks, interlinks, search engines, information, code, data, text, software, music, sound, photographs, pictures, graphics, chat, messages, files, and other materials and content through the Service (collectively, "Content"). Such Content includes Content that Lycos makes generally available through the Service without charging a fee for such Content ("Service Content") as well as Content that Lycos makes available through the Service pursuant to a fee ("Premium Content"); Content does not include User Submissions (as defined in Section 10 below), which are addressed in Sections 9-11 below. The Content may be licensed by Lycos from its Content licensors (the "Content Licensors"). In addition, User Submissions are also accessible through the Service. To use the Service you must be over eighteen (18) years of age; if you are between the ages of thirteen (13) and eighteen (18) and wish to use the Service, you must obtain consent from your parent or guardian prior to using the Service. Under no circumstances may an individual under the age of thirteen (13) use the Service. You hereby represent and warrant that you are either (a) over eighteen (18) years of age, or (b) you are between the ages of thirteen (13) and eighteen (18) and have obtained consent from your parent or guardian to use the Service.
You may be required to register with Lycos in order to access certain portions of the Service. With respect to such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Service, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Service, to any third party. You are fully responsible for all interaction with the Service that occurs in connection with your password or user name, including without limitation all Transactions (as defined in Section 3 below). You agree to immediately notify Lycos of any unauthorized use of your password or user name or any other breach of security related to your account or the Service, and to ensure that you "log off"/exit from your account with the Service (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
We make available certain Premium Content through the Service, which you can license for streaming on a "Video On-Demand" basis. We make available several different options with respect to licensing Premium Content. For example, we allow you to purchase a "single seat license," so that you may view Premium Content, or to purchase a "multiple seat license," so that the number of people for whom you purchase such license may view such Premium Content at the same time. We will charge a license fee each time you license the right to view Premium Content through the Service (the "License Fee"). The License Fee price will be made available to you at the time of purchase, and will vary depending on the type of license you purchase, and the number of people for whom you purchase such license.
If you wish to license Premium Content made available through the Service, (each such license, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, gift card number, coupon information, the expiration date of your credit card, your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY METHODS OF PAYMENT (E.G., THE CREDIT CARD, GIFT CARD OR COUPON) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Lycos the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
We may also permit you to use a third-party payment service (a "Payment Service"), to pay for your Transactions. If you wish to make a Transaction using a Payment Service, you will be directed to a web page hosted by the Payment Service (or its service providers) and not by Lycos (the "Payment Service Page"). Your use of the Payment Service Page will be subject to the Payment Service's user agreement and privacy policy, not this Agreement or our Privacy Policy. You acknowledge and agree that Lycos is not, and will not be, responsible or liable for the Payment Service's services, its site or any acts or omissions of the Payment Service.
If you authorize us to do so, we will retain your credit card or other payment information, as applicable, in our database to facilitate your checkout process for Transactions. Descriptions and images of, and references to, Premium Content available through the Service do not imply Lycos' endorsement of such Premium Content. Lycos reserves the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any item of Premium Content; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any item of Premium Content. Price and availability of any Premium Content offered through the Service are subject to change without notice. Refunds and exchanges will be subject to Lycos' refund and exchange policies http://info.lycos.com/tos.php then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred, including without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
The information and materials made available through the Service, including the Content, are and shall remain the property of Lycos and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized herein or in advance by Lycos in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, all or any part of the Service or any materials, including any Content, made available through the Service.
"ANGELFIRE," "GAMESVILLE," "GO GET IT!," "HOTBOT," "HTML GEAR," "LYCOS," "TRIPOD," "WEBON," AND "WHOWHERE?" and their respective logos are trademarks and service marks of Lycos, Inc. All other trademarks or registered trademarks on the Service belong to their respective owners. The trade names, trademarks and service marks owned by Lycos and its licensors, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of trade names, trademarks or service marks of Lycos and/or our licensors without our express prior written consent.
While using the Service you agree that you will comply with all applicable laws, rules and regulations. In addition, we expect users of the Service to respect the rights and dignity of others. Your use of the Service is conditioned on your compliance with the rules of conduct set forth in this section; any failure to comply may also result in termination of your access to the Service pursuant to Section 12 below. You agree that in using the Service, you will not engage in any of the prohibited conduct referred to in Section 6 (Member and User Conduct) of the General Terms of Service and that you further agree that you will not:
You acknowledge and agree that by using the Service, you may be exposed to Content that is offensive, indecent or otherwise objectionable. Certain Content may not be suitable for minors or other users. Such Content may or may not be identified as having explicit language and/or content. Therefore, you acknowledge that you are using the Service at your sole risk and that neither Lycos nor its Content Licensors will have any liability to you or others for Content that may be offensive, indecent or otherwise objectionable. Neither Lycos nor any of its Content Licensors guarantees the accuracy, integrity or quality of Content available through the Service. Under no circumstances will Lycos, or its employees, officers, directors, shareholders, affiliates, agents, representatives, Content Licensors or service providers, be liable in any way for any Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content. You are responsible for supervising the use of the Service by any minor.
The Service will operate only on those hardware and software platforms specified on the Service. It is your responsibility to ensure that you have the appropriate software, hardware and Internet connection to operate the Services. Lycos reserves the right to cease supporting any hardware or software platform at any time, with or without notice.
In connection with the Service, we may make available services (for example, chat and comment functionality on the Service, among other services) through which you are able to post information, and materials, interact with other users, and personalize your Lycos Cinema viewing experience.
You acknowledge and agree that all User Submissions provided by users through the Service, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such User Submission(s) originated. This means that you, and not Lycos, are entirely responsible for all User Submissions that you upload, post, or otherwise transmit via or in connection with the Service. Lycos does not control the User Submissions posted via or in connection with the Service, and, as such, does not guarantee the accuracy, integrity or quality of such User Submissions. Lycos and its Content Licensors neither endorse nor are responsible for any opinion, advice, information or statements made in the User Submission(s) posted by any user. You acknowledge and agree that by using the Service, you may be exposed to User Submissions that are offensive, indecent or objectionable. Under no circumstances will Lycos, or its employees, officers, directors, shareholders, affiliates, agents, representatives, Content Licensors or service providers, be liable in any way for any User Submission, including, but not limited to, for any errors or omissions in any such User Submission, or for any loss or damage of any kind incurred as a result of the use of any such User Submission posted or otherwise transmitted via or in connection with the Service.
In addition, Lycos and its Content Licensors have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information voluntarily made public through the Service. If you choose to make any of your personally identifiable or other information publicly available IN CONNECTION WITH THE SERVICE, you do so at your own risk.
For any information and/or materials that you submit through or to the Service (each a "User Submission"), you grant to Lycos and its designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, display and perform (publicly or otherwise) such User Submission, in any media now known or hereafter developed, for Lycos' business purposes and/or the business purposes of Lycos' designees, and (b) to sublicense the foregoing rights through multiple tiers. For each User Submission submitted by you, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, and that such User Submission, and your provision thereof to and through the Service, comply with all applicable laws, rules and regulations.
You acknowledge and agree that we reserve the right (but have no obligation) to (a) monitor User Submissions; (b) alter, remove, or refuse to post or allow to be posted any User Submission; and/or (c) disclose any User Submission, and the circumstances surrounding their transmission, to any third party in order to operate the Service; to protect Lycos and its employees, officers, directors, shareholders, affiliates, agents, representatives, Content Licensors and service providers, and the Service's users and visitors; to comply with legal obligations or governmental requests; to enforce this Agreement; or for any other reason or purpose. Lycos generally does not pre-screen - and has no obligation to pre-screen - User Submissions posted on the Service, although Lycos reserves the right to undertake such pre-screening in its sole discretion. Lycos does not guarantee that any screening will be done to your satisfaction or that any screening will be done at all.
This Agreement is effective until terminated by Lycos. Lycos, in its sole discretion, may terminate your access to or use of the Service, at any time and for any reason, including if Lycos believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Service will immediately cease. You agree that any termination of your access to or use of the Service may be effected without prior notice, and that Lycos may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Lycos shall not be liable to you or any third party for any termination of your access to the Service or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Sections 4, 6, 9-18 and 21-23 herein shall survive any expiration or termination of this Agreement; in addition, provisions of the General Terms of Service shall survive in accordance with the terms and conditions of such General Terms of Service.
The Service may provide links to other third party web sites and online resources. Unless otherwise stated on the website, Lycos and its Content Licensors have no control over such sites and resources, you acknowledge and agree that Lycos and its Content Licensors are not responsible for the availability of such external sites or resources, and Lycos and its Content Licensors neither endorse nor are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Service with or without our authorization. You acknowledge and agree that Lycos and its Content Licensors do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Service, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Lycos shall have the right, at any time and in its sole discretion, to block links to the Service through technological or other means without prior notice.
YOU UNDERSTAND AND AGREE AS FOLLOWS:
(A) THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED BY LAW, LYCOS AND ITS CONTENT LICENSORS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE OR FOR CONTENT, SERVICES, GOODS, INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED THEREIN.
(B) YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AND/OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT LYCOS AND ITS CONTENT LICENSORS DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF CONTENT, INFORMATION OR MATERIAL ON THE SERVICE. LYCOS AND ITS CONTENT LICENSORS DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MIS-DELIVERY, OR UNTIMELY DELIVERY OF ANY CONTENT, INFORMATION OR MATERIAL. LYCOS AND ITS CONTENT LICENSORS DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY CONTENT, INFORMATION OR MATERIAL THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
(C) ANY CONTENT AND/OR MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS TO SUCH CONTENT AND/OR MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
YOU UNDERSTAND AND AGREE AS FOLLOWS
(A) UNDER NO CIRCUMSTANCES SHALL LYCOS AND/OR ITS CONTENT LICENSORS BE LIABLE TO ANY USER (OR TO ANY THIRD PARTY CLAIMING THROUGH THE USER) ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICE (INCLUDING WITHOUT LIMITATION, ANY CONTENT AVAILABLE THROUGH THE SERVICE). SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF LYCOS AND/OR ITS CONTENT LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
(B) THE LIMITATION OF LIABILITY SET FORTH HEREIN SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY CONTENT, INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY CONTENT, INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
(C) THE LIMITATION OF LIABILITY SET FORTH HEREIN SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF CONTENT STORED THROUGHOUT THE SERVICE.
(D) UNDER NO CIRCUMSTANCES SHALL LYCOS AND/OR ITS CONTENT LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
By using the Service, you agree to indemnify Lycos, Inc. and its parents, subsidiaries, affiliates, officers, employees, and Content Licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from (a) your use of the Service, including without limitation, your use of the Content and/or User Submissions; (b) your submission of ideas and/or related materials to Lycos; (c) any person's use of any account or password you maintain with any portion of the Service, regardless of whether such use is authorized by you; or (d) your breach of this Agreement. By using the Service, accessing the Content and/or User Submissions, or submitting any ideas and/or related materials to Lycos, you are hereby agreeing to release Lycos and its parents, subsidiaries, affiliates, officers, employees, and Content Licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Service or to any disputes regarding use of ideas and/or related materials submitted to Lycos. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Service (including all Content and User Submissions) must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
The Service is controlled and operated by Lycos from the United States, and is not intended to subject Lycos to the laws or jurisdiction of any state, country or territory other than that of the United States. Lycos does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Lycos does not endorse any of the products or services listed at such site.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an e-mail to support@support.lycos.com. You may also contact us by writing to Customer Service, Lycos, Inc., 100 Fifth Avenue, Waltham, MA 02451, or by calling us at 781-370-2688. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you believe that your work has been copied in any way that constitutes copyright infringement, please provide the Lycos representative referenced below with a notification containing the following information:
Lycos' agent for notice of claims of copyright infringement is:
Mark Blais
Lycos, Inc.
100 Fifth Avenue
Waltham, Massachusetts 02451
Telephone: (781) 370-2700
Fax: (781) 370-2991
Email address: copyright@lycos-inc.com
It is the policy of Lycos, in appropriate circumstances, to disable and/or terminate the accounts of users who engage in repeated copyright infringement. Lycos reserves the right to transmit the notification to the user of the site containing the allegedly infringing material. Lycos also reserves the right to transmit any counter notification to the complaining party.
Unless expressly stated to the contrary elsewhere within the Service, all legal issues arising from or related to the use of the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the Commonwealth of Massachusetts applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to this Agreement or any user's use of the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into in any state or federal court in Massachusetts having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Massachusetts having jurisdiction thereof. Except as set forth above, the state and federal courts of Massachusetts shall be the exclusive forum and venue to resolve disputes arising out of or relating to this Agreement or any user's use of the Service. By using the Service and thereby agreeing to this Agreement, users consent to personal jurisdiction and venue in the state and federal courts in Massachusetts with respect to all such disputes.
Lycos' failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of this Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of this Agreement remain in full force and effect. You acknowledge and agree that you and Lycos are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to this Agreement has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other. You agree not to resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under this Agreement without prior express written authorization of Lycos. Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. This Agreement shall continue in effect for as long as you use the Service, unless specifically terminated earlier by Lycos. All provisions of this Agreement which impose obligations continuing in their nature shall survive termination of this Agreement.
