Mmerse Terms and Conditions

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View Terms and Conditions for doing business with Mmerse Communications LLC

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NOTICE. The Mmerse Communications LLC site (the “Web Site”) is made up of various Web pages and is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (the “Terms and Conditions”). Your use of the Web Site constitutes your agreement to all such Terms and Conditions.

MODIFICATION OF THESE TERMS OF USE. Mmerse Communications LLC, reserves the right to change these Terms and Conditions without notice. You are responsible for regularly reviewing these Terms and Conditions. Your continued use of the Web Site constitutes your agreement to all such Terms and Conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION. Unless otherwise specified, the Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, retransmit, or sell any information, software, products or services obtained from the Web Site. You may not use any computerized or automatic mechanism to access, extract and/or download any information from the Web Site.

LINKS TO THIRD PARTY SITES. The Web Site may contain links to the Web sites controlled or offered by third parties. Mmerse Communications LLC, disclaims liability for any information, materials, products or services posted or offered at any of the third party sites linked from the Web Site. By creating a link to a third party Web site Mmerse Communications LLC does not endorse or recommend any products or services offered or information contained at such linked Web site, nor is Mmerse Communications LLC liable for any failure of any products or services offered or advertised at such linked Web site.

NO UNLAWFUL OR PROHIBITED USE. As a condition for your use of the Web Site, you agree that you will not use the Web Site for any purpose that is unlawful or prohibited by these Terms and Conditions. The Web Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. You may not use the Web Site in any manner which could damage, disable, overburden or impair the Web Site, the networks connected to the Web Site, or interfere with any other party’s use and enjoyment of the Web Site. You may not attempt to gain unauthorized access to the Web Site, other accounts, computer systems or networks connected to the Web Site by any means, including without limitation, hacking or password mining. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site.

MATERIALS PROVIDED. Mmerse Communications LLC, does not claim ownership of any materials you provide to Mmerse Communications LLC, (including feedback and suggestions) or post, upload, input, provide or submit to the Web Site for review by members of the general public, or by members of any public or private group (each a “Submission”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Mmerse Communications LLC, and its agents permission to use your Submission in connection with Mmerse Communications LLC, operation of the Web Site and its other businesses, including without limitation, the right to copy, distribute, transmit, publicly display, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission, all without the payment of compensation to you in respect of any such use of your Submission. You warrant and represent that you own, or otherwise control, all of the rights to your Submission, including without limitation, the rights necessary for you to post, upload, input, provide or submit your Submission.

NO RIGHT TO REDISTRIBUTE WEB SITE MATERIALS. You agree that you will not redistribute, copy, amend, or commercially exploit any materials found on the Web Site without Mmerse Communications LLC’s express written permission, which permission may be withheld in Mmerse Communications LLC’s sole discretion.

PRODUCTS. For your convenience, Mmerse Communications LLC may make available on the Web Site products and other tools for purchase, use and/or download (the “Products“). Mmerse Communications LLC, does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such Products. The Products are copyrighted works of Mmerse Communications LLC, and/or its suppliers, and are protected by copyright law and international treaty provisions. If a Product is accompanied by an end user license agreement, your use of that Product is governed by the terms of such end user license agreement, and you must agree to the terms and conditions of such end user license agreement in order to use such Product. If a Product is not accompanied by a license agreement, Mmerse Communications LLC, hereby grants to you a revocable, personal, non-transferable license to use such Product in accordance with these Terms of Use and for no other purpose. Without limiting the foregoing, any reproduction, redistribution, reverse engineering or decompilation of the Web Site or the Products is expressly prohibited by law, unless such action is expressly permitted by the accompanying license agreement, and may result in severe civil and criminal penalties. You agree not to redistribute the Products, nor to export or re-export the Products, directly or indirectly, to any countries that are subject to USA export restrictions. You may not use the Products to defame, abuse, harass, threaten or otherwise violate the legal rights of others. You may not use the Products in association with the sale of any service or product which is discriminatory, obscene, defamatory, indecent or unlawful, or which in the reasonable opinion of Mmerse Communications LLC, would reflect negatively upon the reputation of Mmerse Communications LLC, the Web Site or the Products.

LIABILITY DISCLAIMER. THE TOOLS, WEB SITE AND ANY CONTENT OR SOFTWARE CONTAINED THEREIN OR ACCESSIBLE THEREFROM, ARE PROVIDED “AS IS”. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, MMERSE COMMUNICATIONS LLC MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING: (A) THE UP-TO-DATENESS, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION CONTAINED WITHIN OR AVAILABLE THROUGH THE USE OF THE TOOLS OR WEB SITE, INCLUDING BUT NOT LIMITED TO ANY CURRENCY EXCHANGE RATES; (B) THE RESULTS OBTAINED FROM THE USE OF THE TOOLS OR WEB SITE; AND (C) ANY INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON OR THROUGH THE USE OF THE TOOLS OR WEB SITE. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, MMERSE COMMUNICATIONS LLC: (A) DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES AS TO NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (B) DOES NOT WARRANT THAT THE TOOLS OR WEB SITE OR ANY CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

THE USE OF THE PRODUCTS AND WEB SITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING, OR ACCESSING THE PRODUCTS OR WEB SITE, OR DOWNLOADING ANY CONTENT THEREON. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED: (A) MMERSE COMMUNICATIONS LLC IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION OR PRICES PUBLISHED ON OR FURNISHED THROUGH THE PRODUCTS OR WEB SITE, OR ANY ERRORS OR OMISSIONS OF THE PRODUCTS OR WEB SITE; (B) MMERSE COMMUNICATIONS LLC SHALL HAVE NO LIABILITY ARISING FROM INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE PRODUCTS OR WEB SITE; AND (C) UNDER NO CIRCUMSTANCES SHALL MMERSE COMMUNICATIONS LLC OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE, THE PRODUCTS, WEB SITE, OR ANY CONTENT CONTAINED THEREON, EVEN IF MMERSE COMMUNICATIONS LLC HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. IF YOU ARE DISSATISFIED WITH ANY PRODUCTS, OR ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PRODUCTS AND WEB SITE.

INDEMNITY. You agree to indemnify and hold Mmerse Communications LLC, its parent, subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party or arising out of your use of, or conduct on, the Web Site.

COPYRIGHT. The Web Site and Tools are protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the Web Site may be copied or retransmitted without the express written permission of Mmerse Communications LLC

GENERAL. Your use of the Web Site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Arkansas. Certain sections or pages of the Web Site may contain separate terms or conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. Your agree that your use of the Web Site will not create any joint venture, partnership, employment or agency relationship between you and Mmerse Communications LLC If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superceded by a valid and enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

A. Policy Statement
Mmerse Communications LLC respects customer privacy and is committed to protecting it. Customers can visit most pages on the Mmerse Communications LLC Web site without identifying themselves or providing any personal information. However, if a customer wishes to contact Mmerse Communications LLC, the user will be asked to provide contact information and an e-mail address. When submitted, this information is immediately transmitted to Mmerse Communications LLC and is not stored on our Web server.

B. Server Access Reports
Mmerse Communications LLC logs all accesses and events at its Web server and uses this information to generate periodic Web site statistics reports. These logs record the following information:

* Internet Protocol (IP) Address of Visitor
* Page(s) Visited
* Time(s) Visited
* Phrase typed into Search Engine before Visiting
* Other information passed by your Web browser's HTTP headers

C. Procedures to Safeguard Personal Information
Mmerse Communications LLC has implemented procedures to safeguard customer Personal Information. Mmerse Communications LLC restricts access to Personal Information to those Mmerse Communications LLC employees and agents who need to know that information in order to provide our products or services to them. Mmerse Communications LLC maintains physical, electronic and procedural safeguards that meet or exceed federal standards to safeguard Personal Information.

D. Notification of Policy and Policy Changes
Updates to this Privacy Policy will be posted on the Mmerse Communications LLC Web site, so our customers will always know what information we collect online, how we use it, and what choices they have.

E. Contact Us:
We value our customers' opinions. If they have comments or questions about our Privacy Policy, they are invited to email us or write to us at the address below.

Terms and Conditions for doing business with Mmerse Communications LLC

This document outlines the basic terms and conditions for doing business with Mmerse Communications LLC. Unless these terms are superceded by a written contract between Mmerse Communications LLC and a particular client, they will be considered in force and binding upon both parties at the commencement of any project. Products and services provided through Mmerse Domains may be governed by separate terms and conditions.

1. Authorization: The client is engaging Mmerse Communications LLC as a contractor for the specific purpose of developing and/or improving an Internet Web site to be installed on the client's servers, hosted on the servers of Mmerse Communications LLC, or installed on a third-party Internet Service Provider's (ISP) servers. Hereafter, the client will be known as the "Client" and MMERSE COMMUNICATIONS LLC will be known as the "Developer." The Client hereby authorizes the Developer to access any third-party ISP accounts as needed.

2. Scope of work: The scope of the agreed-upon project is detailed by an agreement of the Client and the Developer. Client requests for additional features after the execution of this agreement, or Client changes after work is approved, will incur additional charges to be determined by the Developer. If additional charges will be incurred, the Developer will notify the Client and seek verbal or written approval before beginning the out-of-scope work.

3. Domain Registration: The Developer will secure a domain name for the Client if specified in by an agreement of the Client and the Developer. Charges incurred in doing so will be billed to the Client unless both parties agree otherwise. If the Client already has a domain name, the Developer will coordinate redirecting the address to the new host if needed. The Client agrees to provide all necessary passwords and access needed to facilitate such transfers.

4. Web site content: The text, photographic, audio and video content to be used in the Web site will be supplied by the Client unless otherwise specified. All content will be provided in electronic format via e-mail, on diskette, CD-ROM or DVD-ROM upon commencement of the project. Non-electronic content that will require manual data-entry or scanning will incur additional charges, unless otherwise specified.

5. Additional costs and subcontractors: Client agrees to reimburse the Developer for any Client-requested expenses incurred in project development, including purchase of specific fonts, photography, audio or software at the Client's request, or hiring of outside subcontractors such as photographers, artists, writers or editors, unless specified otherwise.

6. Work Flow and Payment: When materials are provided by the Client, it will be implied that the materials are correct and approved for placement on the Web site. Changes or additions to the Client’s work materials after they have been provided to the Developer may incur additional fees. The Developer may require the Client, at key stages of the project, to provide verbal or written work approvals before proceeding. The Developer may halt work on the project if these approvals are not given in a timely manner.

Completion of the project will be defined as when the Client agrees that Developer has, within reason, provided the product requested, or when the site is made available to the public. Upon completion of the project, an invoice will be sent to the Client in the amount of the final balance due (less any deposit or partial payments made). Final payment of the balance plus any additional charges incurred during the development process will be due upon receipt. If Web or e-mail hosting charges are incurred during development, they will be billed during the project construction.

The Developer reserves the right to remove all web site content from the Internet if payment in full is not made within 30 days of the date of project completion. If a payment delay is anticipated by the Client, the Client must contact the Developer before the payment due date to discuss potential arrangements.

7. Timeframes: Development timeframes discussed by the Developer and the Client are general estimates. The Developer will do everything reasonable to move the project to completion within this schedule, but no particular project completion date can be guaranteed, expressed or implied.

8. Ownership and Copyrights: The Client represents to the Developer and unconditionally guarantees that any materials furnished to the Developer for inclusion in the Client’s Web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Developer and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. All project materials, except those provided by the Client, including the partially or fully completed Web site, remain the property of the Developer until payment of non-recurring fees is made in full by the Client. Copyright to and ownership of the finished work produced by the Developer shall be vested with the Client upon final payment of non-recurring fees for the project.

All information provided by the Client to the Developer shall be considered proprietary trade secrets of the Client and shall not be disclosed to any third party with the exception of hosting service providers, certification providers, and subcontractors approved by the Client. The Developer may keep copies of the project materials for archival, hosting and disaster-recovery purposes. The Client may request an electronic copy of all project materials at any time after payment is made. The Developer will burn one copy of the Client's materials onto a CD-ROM at the Client’s request upon completion of the site. Additional copies of the materials are available for $25 per CD-ROM.

9. Maintenance Agreements: After the Web site is completed, additional changes, maintenance or training can be provided by the Developer for additional fees, but are outside of the scope of this agreement unless specified otherwise.

10. Site Promotion: The Developer will optimize the Client's web site, as is reasonable, for search engine registration and after project completion will submit the Client's web site to the major search engines. Since these directories are operated by third-parties, inclusion or placement in those directories or databases cannot be assured or guaranteed. Additionally, the Developer cannot guarantee any specific traffic volume, any number of visitors, any specific revenue or any other particular outcome. Any advertising or promotion, including additional search engine registration, paid placement or advertising, unless specified otherwise, will be the responsibility of the Client.

11. Warranties:
DEVELOPER WARRANTIES: The Developer represents and warrants that the work product does not and will not knowingly: (a) violate any law or regulation, including, without limitation, the laws and regulations governing export control; (b) be defamatory or trade libelous; (c) be pornographic or obscene; or (d) contain any viruses, Trojan horses, worms, time bombs or other computer programming devices which are intended to damage a user's system or data or prevent the user from using same. The Developer does not warrant the work product to be error free.

CLIENT WARRANTIES: Client represents and warrants that the Client and its the materials it provided to the Developer will not knowingly: (a) violate any law or regulation, including, without limitation, the laws and regulations governing export control; (b) be defamatory or trade libelous; (c) be pornographic or obscene; or (d) contain any viruses, Trojan horses, worms, time bombs or other computer programming devices which are intended to damage a user's system or data or prevent the user from using same.

12. Limited Liability: Client agrees that any material submitted for Web site use will not contain anything leading to an abusive or unethical use of the Developer or any third party. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, distribution of computer viruses, unauthorized use or distribution of copyrighted materials, harassment, illegal commercial e-mail, any illegal activity or advocacy of any illegal activity. The Developer reserves the right to determine what is and is not ethical content.

13. Indemnification: Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with the Developer's development of the Client's Web site. This includes liabilities asserted against the Developer, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns. Client also agrees to defend, indemnify and hold harmless the Developer against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s web site. This includes infringing upon on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

14. Cancellation: Either party may, at its sole discretion, terminate this agreement at any time by notifying the other party in writing. Upon termination of this agreement, and at the direction of Client, the Developer will destroy all copies of materials, objects, files, and data that belong to the Client from all systems, devices, and backups under the control of the Developer. The Developer also shall, at the direction of the Client, return any materials provided by the Client for this project.

If the Client terminates this agreement before project development begins, the Client will not be obligated to pay any portion of the project cost. Any initial payments or deposits made before project commencement shall be refunded.

If the Client terminates this agreement after development begins, the Developer shall have the right to collect a prorated portion of the total project amount, to be determined by the number of development hours completed at the time of cancellation, billed at the rate of $100 per hour, not to exceed the total project cost. Final payment of the prorated amount will be due within 15 days of project termination. Once payment is made, the Client shall be given the option of taking ownership of the uncompleted work materials.

If the Developer terminates this agreement at any time, the Client shall not be obligated to pay any portion of the project cost. Any initial payments or deposits made before project commencement shall be refunded. If project development has begun, the Developer and Client may, but are not obligated to, negotiate a fair price for the Client to take ownership of the uncompleted materials.

If a delay on the part of the Client causes project development to stall for more than 30 days, the Developer will be entitled to collect a prorated portion of the total project amount, to be determined by the number of development hours completed at the time of the delay, billed at the rate of $100 per hour, not to exceed the total project cost. Any initial payments or deposits made by the Client will be applied to this balance.

15. Age and Litigation: The authorized representatives of the Client and the Developer certify that both parties are at least 18 years of age and legally capable of entering into a contract in the State of Arkansas for their respective organizations.

Any disputes arising from this agreement will be arbitrated or litigated in Pulaski County, Arkansas. This agreement will be governed and construed in accordance with the laws of the State of Arkansas, United States of America.

16. Entire Understanding: This contract and the proposed project specifics attached thereto constitute the sole agreement between the Developer and the Client regarding this project. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Developer. Both parties warrant that they have read and understand the terms set forth in this agreement.

Mmerse Communications
PO Box 7175 | Sherwood, AR 72124
Terms and Conditions