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By accessing or using any areas of our Web site (www.mediachase.com and
all related servers operated by Mediachase LTD.), you are bound by the
terms and conditions set forth below, as well as the terms of our Acceptable
Use Policy and our Web Site Privacy Statement. If you do not accept these
terms and conditions, you may not access or use this Web site. We retain
the right to modify these terms and conditions at any time by posting
new terms and conditions on this page.
Many portions of this Web site are available for public viewing and use.
You must register or enter into a separate agreement with Mediachase, LTD.
to access other portions of this Web site. Subject to the terms and conditions
set forth on this page, our Acceptable Use Policy and our Privacy Statement,
and the terms and conditions of any license or other agreement pursuant
to which you use our products or services, Mediachase, LTD. grants you
permission to do the following: (i) view and use for intended purposes
those portions of this Web site to which we have granted you access; (ii)
make one complete, unaltered electronic copy and/or one complete, unaltered
paper copy of any page on this Web site to which we have granted you access,
provided you retain all copyright, trademark and other proprietary rights
notices and that you use it solely for personal or internal business purposes
and do not distribute or republish it; (iii) obtain our products and sign
up for our services, subject to payment of all applicable charges and
agreement to the terms and conditions of any license agreement or other
agreement associated with those products and services; and (iv) use the
discussion forums, contact lists and e-mail links to which you have been
granted access to interact with Mediachase, LTD. and other users of our
products and services in ways that do not violate our Acceptable Use Policy.
Any other use of this Web site or its contents is prohibited without first
obtaining written permission from Mediachase, LTD..
This Web site contains text, data, software, photographs, graphics, videos,
music, sounds and other information and material that is protected by
state, national and international law pertaining to copyrights, trademarks,
trade secrets, and other proprietary rights. Unless indicated otherwise,
all of this content is the property of Mediachase, LTD., Inc. and/or its
licensors or affiliates, and Mediachase, LTD. and its licensors and affiliates
reserve all rights with respect to this Web site's content, including,
without limitation, all rights to copy, display, distribute, transmit,
modify, remove, and create derivative works of it.
Instant Business Network is a trademark of Mediachase, LTD., Inc. Use
of Mediachase, LTD.' trademarks is subject to the terms and conditions
of our Trademark Usage Policy. Other trademarks, product names, company
names and logos appearing on this Web site are the property of their respective
owners. You must obtain permission from those owners before copying or
using their trademarks, product names, company names or logos.
You may make referential links to any of the publicly accessible pages
on this Web site that are not password protected, subject to review and
termination by us at any time and for any reason. Please be aware that
we continually update and revise our Web site. We cannot guaranty that
each page to which you may provide a link will remain available or that
its content will remain the same.
You may not link to our Web site in any way that might lead others to
believe that our Web site or any of its contents were created or are operated
or offered by you or any party other than Mediachase, LTD.. Unless you
have entered into a separate written agreement with us permitting you
to do so, you may not frame or otherwise display any portion of our Web
site or any of its contents, nor may you place any text or other content
on your Web site that states or implies that there is any association
between you and Mediachase, LTD..
You may not use any of Mediachase, LTD.' trade names, trademarks or any
of the textual content of our Web site as metatags in your own Web site,
unless we have granted you a license explicitly permitting you to do so.
Whenever you communicate with Mediachase, LTD. or others using this Web
site, including its forums and e-mail links, your communications are nonconfidential.
Mediachase, LTD. is free to use all submissions, ideas and feedback contained
in your communications in any manner that is consistent with our Privacy
Statement, including, but not limited to, incorporating your suggestions
into our product and service offerings without any financial or other
obligation to you.
If any of the products or services available to you on this Web site
requires you to open an account, you must complete the registration process
by providing us with current, complete and accurate information as prompted
by the applicable registration form. You may be asked to choose a user
name and/or password. You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account.
You agree to notify Mediachase, LTD. immediately of any unauthorized use
of your account or any other breach of security. Mediachase, LTD. will
not be liable for any loss that you may incur as a result of someone else
using your password or account, either with or without your knowledge.
However, you could be held liable for losses incurred by Mediachase, LTD.
or another party due to someone else using your account or password. You
may not use anyone else's account at any time, without the permission
of the account holder.
Mediachase, LTD. is not responsible for any opinions, advice or statements
made by third parties. Except as required by law, we have no obligation
to monitor users' postings to our forums or to remove or retain forum
content, although we reserve the right to do so.
THIS WEB SITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS"
AND "AS AVAILABLE" BASIS. MEDIACHASE, LTD., AND ITS DIRECTORS,
OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS,
AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY,
"AFFILIATES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND ABOUT THIS WEB SITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES
REGARDING THIS WEB SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, WARRANTIES
OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS
OF CONTENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES
AVAILABLE VIA THIS WEB SITE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE
OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES).
EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR OTHER AGREEMENT
BETWEEN YOU AND Mediachase, LTD. PERTAINING TO Mediachase, LTD.' PRODUCTS
OR SERVICES, NEITHER Mediachase, LTD. NOR ANY OF ITS AFFILIATES WILL BE
LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO USE OF THIS WEB
SITE OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS
WEB SITE, WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS,
VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY
OTHER CAUSE. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE
LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF Mediachase, LTD.
AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES
OR DAMAGES ALLEGEDLY SUFFERED.
IN NO EVENT WILL MEDIACHASE, LTD.' AND ITS AFFILIATES' TOTAL LIABILITY
WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS
WEB SITE EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR
US$1O.
SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY,
SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART
OF THE EXCLUSIONS OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE
IS UNENFORCEABLE UNDER APPLICABLE LAW, Mediachase, LTD.' AND ITS AFFILIATES'
AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
This Web site is controlled and operated by Mediachase, LTD. from its
offices within the United States. Mediachase, LTD. makes no representation
that the products, services and other materials available through this
Web site are appropriate or available for use in other countries, and
access to them from countries where their contents or use is illegal is
prohibited.
The terms and conditions contained on this page apply generally to your
access to and use of this Web site and our products and services. Some
of these terms and conditions may be modified or superseded by expressly
designated legal notices located on other pages of this Web site or by
the terms and conditions of the licenses or other agreements pursuant
to which you obtain our products or services. A specific provision in
any of those notices, licenses or agreements that addresses the same subject
matter as a provision on this page overrides the provision on this page.
No delay or failure to take any action or exercise any right that Mediachase, LTD. may take or exercise pursuant to these terms and conditions or
applicable law will constitute a waiver of that action or right by Mediachase, LTD..
Any litigation arising out of or related to your access to or use of
this Web site will be brought only in the State of California, USA. By
accessing or using this Web site, you submit to the personal jurisdiction
of these courts and waive all objections to placing venue exclusively
before them. The prevailing party in any litigation will be entitled,
in addition to any other relief granted to it, to recover reasonable attorney's
fees, expenses and costs incurred in connection with the litigation.
The terms and conditions contained on this page will be governed by and
interpreted in accordance with the laws of the State of California, USA,
without regard to any of its choice of law rules that might lead to application
of the law of another jurisdiction. If any of the terms or conditions
contained on this page are determined to be invalid or unenforceable by
a court of competent jurisdiction, then the remaining terms and conditions
will remain in full force and effect, and the invalid or unenforceable
term or condition will be deemed superseded by a valid, enforceable term
or condition that matches the practical effect of the original provision
as closely as possible. These terms and conditions set forth our entire
agreement with you related to your use of this Web site, and they prevail
over any other communications we may have regarding its use, with the
exception of an agreement signed by an authorized representative of Mediachase,
LTD. that explicitly authorizes a use which is inconsistent with these
terms and conditions.
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