MOTS TERMS OF USE LICENSE AGREEMENT



TERMS OF USE
Terms of Use governing the access and use of the Mall of the SIMS, LLC (MOTS) software and web site. MOTS allows you access and makes available for your use on this Web site design, text, graphics, interfaces, animations, images, or objects including skins, walls, floors and the like made for the Maxis game The Sims (and its additional games, packages and the like), along with information and documents subject to the terms and conditions set forth in this document. By becoming a member of this Web site, you agree to this Agreement.
MOTS may change the Terms of Use agreement at any time without advance, direct or personal notice to any party.
Please read this page carefully before becoming a member.

MEMBERSHIP/SUBSCRIPTION ACCOUNT
Accounts are for ONE HOUSEHOLD or PERSON.
Accounts may NOT be SHARED and sharing of accounts will result in the loss of membership/subscription without refund.

MEMBERSHIP
This license agreement is valid for the total length of your subscription and/or your relationship with MOTS.
You are licensed to use MOTS MAP software only during the period of your subscription and only under the terms and conditions of this Agreement.
Monthly subscriptions shall be automatically renewed each month unless and until action is taken by the subscriber to modify or terminate their monthly subscription.
You may pay for your subscription by credit card, electronic check, the Pay Pal system or directly by mail as stated below.
BY MAIL:SEND either a Personal Check (access delayed until check clears), Money Order or Cashiers Check made payable to MALL OF THE SIMS and mailed to:

Mall of the SIMS
P.O. Box 141050
Dallas, Texas 75214
USA

Note: We do ask that if paying by mail, be sure and register with MOTS. Then include your username and email with your payment. When your payment is complete, I will email you a notification that your account is setup.
REMEMBER: Mail is not the preferred method of payment. It will result in a delay in your getting access to the MOTS web site and it's downloads. Delays, particularly for personal checks, may run to 1 - 4 weeks. If your want IMMEDIATE ACCESS please choose and use one of the other payment systems provided for your convenience.
Subscription fees may be paid through the Pay Pal, iBill or Plug&Pay. Forms of payment accepted are credit cards, electronic checks, phone bills, or draft instruments by mail.

ROAD RULES
You may download, view, copy or print Materials and graphics incorporated in the Materials subject to the following: you can use the Materials only for your personal use in the Sims Game.
Specifically you may NOT provide or share or transmit or print any materials, including skins, walls, floors and/or objects downloaded from this site for distribution to another party.
You are prohibited by law from selling, renting, leasing, loaning, or donating the program in whole or in part without specific advance agreement between yourself and Mall of the SIMS Inc. You are prohibited from decompiling, recompiling, reverse engineering, disassembling, source code reading or otherwise reducing the program to human readable form for any purposes whatsoever. You may not modify the program in any manner. You are prohibited from permitting, assisting aiding or abetting anyone else from undertaking any of the above actions.

REFUNDS
After your subscription is activated you may cruise and view the MOTS site for THREE days. After the expiration of THREE DAYS no refund for your membership account will be made. During the THREE DAY test drive the downloading of any item, image, or document (other than the free downloads provided on the site), at any time during the THREE DAY test drive shall terminate the THREE DAY test drive and no refund for your membership account will be made.
Any request for a refund by a member must be made to the Help Desk. Identify the member and give as much information about the subscription payment as possible. State the reason you are requesting a refund.

TERMINATION
Any violation of the terms in this agreement will result in the termination of your account. There will be no refunds in such a situation. We are particularly concerned with the unauthorized distribution of MOTS' objects on other websites. If you do this, you will be history.

COPYRIGHT
All site design, text, graphics, interfaces, and animations are Copyright © 1999 - 2002 Mall of the SIMS, LLC.
All site design, text, graphics, interfaces, animations, images, or objects including skins, walls, floors and the like made for the Maxis game The Sims (and its additional games, packages and the like) on the MOTS site that are not originated by MOTS and are properly identified as coming from a specific legal creator, designer or developer are presumed to be copyrighted by their legal creator, designer or developer.
Any site design, text, graphics, interfaces, animations, images, or objects including skins, walls, floors and the like made for the Maxis game The Sims (and its additional games, packages and the like) not identified with or by a specific legal creator, developer or designer are by agreement Copyright © 1999 - 2002 Mall of the SIMS, LLC.

TRADEMARKS
Mall of the SIMS, LLC and MOTS and Synchroplay and any and all logos or images are the exclusive trademarks of Mall of the SIMS, LLC. All other company, product, or service names references in this Web site are used for identification purposes only and may be trademarks of their respective owners. Mall of the SIMS, LLC and the MOTS website or publications, are not affiliated with or endorsed by Maxis. Maxis and The Sims are registered trademarks of Electronic Arts Inc.

LINKS TO THIRD PARTIES
This Web site may contain hyperlinks to Web sites controlled by parties other than MOTS. MOTS is not responsible for and does not endorse or accept responsibility for the contents or use of these Web sites.

WARRANTIES AND DISCLAIMERS
ALL MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. The Materials posted on this Web site could include technical or other mistakes or inaccuracies. MOTS disclaims all warranties and makes no representations regarding the quality, accuracy, completeness or suitability of the Materials on this or any other Web site, and disclaims any duty to keep this information current or accurate. MOTS may change any information on this Web site or any download on this Web site, including functionality or performance thereof, at any time without notice.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless Mall of the SIMS, LLC , its affiliated companies, its employees, contractors, officers and directors, from all liabilities, claims and expenses, including attorney's fees, that arise from breach by you of the terms of this Agreement, or in connection with, your transmission of any Information on MOTS or the Internet by or through MOTS accounts.

LIMITATION OF LIABILITY
IN NO EVENT WILL MOTS BE LIABLE FOR ANY DAMAGE WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES RELATING TO LOST REVENUES OR PROFITS, LOST DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION) RESULTING FROM OR IN ANY WAY RELATED TO THE USE OF ANY MATERIALS POSTED ON OR MADE AVAILABLE AT THIS WEB SITE OR ANY OTHER WEB SITE TO WHICH A LINK IS PROVIDED OR ON WHICH A LINK IS PROVIDED TO THIS WEB SITE, EVEN IF MOTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE BASED.

MISCELLANEOUS
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, and you agree to submit to the personal jurisdiction of the courts of the State of Texas for any cause or action arising out of this Agreement. In the event that any portion of this Agreement is deemed by a court to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

Copyright © 1999 - 2002 Mall of the SIMS, LLC. All Rights Reserved.
MOTS Terms of Use License Agreement & Warranty Disclaimer