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| Welcome to 365 Media, Inc's ("365 Media") Web site (the "Web Site"). Please review the following notices, terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these notices, terms and conditions (the "Terms"). If you do not agree with these Terms, please do not use this Web Site. |
| GENERAL USE PROVISIONS |
| All materials provided on this Web Site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by 365 Media or by third party customers or partners and are the copyrighted work of 365 Media and/or its Third Party partners. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of 365 Media. Also, you may not "mirror" any Materials contained on this Web Site on any other server without 365 Media's prior express written permission. |
| Except where expressly provided otherwise by 365 Media, nothing on this Web Site shall be construed to confer any license offer for license or sale under any of 365 Media's or any Third Party's intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party partners have not been independently reviewed, tested, certified, or authenticated in whole or in part by 365 Media and as such, 365 Media makes no warranty with respect to its contents. 365 Media does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by 365 Media. |
| 365 Media hereby grants you permission to display, copy, distribute and download 365 Media's Materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. |
| Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. |
| LINKS TO THIRD PARTY SITES |
| This Web site may contain links to web sites controlled by parties other than 365 Media. 365 Media is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. 365 Media is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 365 Media of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature. |
| SERVICE USE RESTRICTIONS |
| Any service that may be made available via from this Web Site ("Service") is the copyrighted work of 365 Media. Use of the Service is governed by the terms of the end user license agreement that accompanies or is included with the Service ("License Agreement"). The Service is made available solely for use by end users according to the License Agreement. THE SERVICE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, 365 MEDIA HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. |
| SUBMISSIONS |
| Except where expressly provided otherwise by 365 Media, all comments, feedback, information or materials submitted to 365 Media through or in association with this Web Site ("Submissions") shall be considered non-confidential and 365 Media's property. By providing such Submissions to 365 Media, you agree to assign to 365 Media, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. 365 Media shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not 365 Media, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. |
| DISCLAIMER |
| EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY 365 MEDIA, THE MATERIALS ON THE WEB SITE ARE PROVIDED "AS IS" AND 365 MEDIA HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 365 MEDIA MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE MATERIALS CONTAINED ON THE WEB SITE. |
| LIMITATION OF LIABILITY |
| 365 MEDIA SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL 365 MEDIA BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF 365 MEDIA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST 365 MEDIA FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD 365 MEDIA HARMLESS FROM, AND YOU COVENANT NOT TO SUE 365 MEDIA FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE. |
| GENERAL |
| This Web Site may include inaccuracies or typographical errors. 365 Media and the Third Party PARTNERs may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. 365 Media may periodically make changes to the Web Site. Any action related to these Terms will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. 365 Media has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by 365 Media. |
| INTELLECTUAL PROPERTY NOTICES |
| Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by 365 Media. |
| 365 Media and the 365 Media logo are registered trademarks or trademarks of 365 Media, Inc. in the United States and other jurisdictions. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners. |
| © 2007 365 Media, Inc., 1900 South Norfolk Street, Suite 125, San Mateo CA 94403, U.S.A. All rights reserved. |
| CONTACT INFORMATION |
| If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the 365 Media at (650) 286 4108 |
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