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Before you Remove Popcorn.net Read
Their Terms of Service as of 8/10/2006
Return to the Remove
Popcorn.net tutorial
Welcome! Company offers a downloadable application (the 'Software') via its
Website. By accepting the Free Trial offer and downloading the Software you
will have free use of the Software during the trial period. You are only entitled
to one free trial per computer. Prior to installing or using the current version
of the Software you must first agree to the terms and conditions for use ('Terms
of Service' or 'TOS'), the end-user license agreements below and any agreements
that are displayed during installation ('Agreement(s)'). These TOS and Agreement(s)
are legally binding contracts that should be read in their entirety. The installation
is via a web-based download process. If you click on the 'Run' or the 'Yes'
button and thereby begin the installation, you acknowledge that you have read,
understood, and agree, to be bound by these terms, the end-user license agreements,
and to comply with all applicable laws and regulations, including export and
re-export control laws and regulations. If you click on the 'Cancel' or the
'No' button, you are not granted a license to install and/or use any of the
Software.
1. ACCEPTANCE OF TERMS.
Company provides its services to you, subject to the following Terms of Service
(TOS), which may be updated by us from time to time without notice to you. You
can review the most current version of the TOS at any time by visiting Company
and clicking on the Terms and Conditions link at the bottom of the page. The
Software and any and all resulting services are not intended for use by or available
to persons under the age of 18 (or the legal age of majority in your state,
if different) living in the United States. IF YOU ARE UNDER 18 YEARS OF AGE
(OR THE LEGAL AGE OF MAJORITY IN YOUR STATE, IF DIFFERENT) AND LIVE IN THE UNITED
STATES, YOU MAY NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION OR THE SERVICES.
You acknowledge and agree that Company is neither liable nor responsible to
you or any third party for the Software, or your use of the Software, including
any third party software that you may use or access while using the Services.
Company accepts no liability for, nor makes any representations, warranties
or conditions regarding the Software, including without limitation, the Software's
accuracy, suitability for a particular purpose, merchantable quality, whether
it is free or will remain free, or otherwise. You bear the entire risk and cost
associated with the use of the Software, including impaired performance of the
Services or your computer if you install (or choose not to install) any of the
Software. Obligations of Company hereunder, if any, are several and not joint.
You acknowledge that the privacy policies of Company do not extend to information
collected by third parties while you are on a third party web site. You agree
that you are responsible for reviewing and consenting to any third party privacy
policies before disclosing personal information to such third party. You agree
that Company and the other licensors contemplated by this agreement may use
or implement session cookies or persistent cookies to help you successfully
complete the installation process. Session cookies are used only during the
installation process and may override certain of your Internet browser settings.
The session cookies are removed upon completion of the registration and installation
process. A session cookie for purposes of this agreement is generally defined
as a cookie with a small piece of text that is sent to your browser when you
access a web site or server. The session cookie will be stored temporarily in
your computer's RAM (random access memory). It is cancelled when you close your
browser and the session is ended. The session cookie may be written to the temporary
folders or cached on your computer, but will not permanently overwrite the browser
or control settings on your computer. A persistent cookie for purposes of this
agreement is generally a cookie with a small piece of text that is sent to your
browser when you access a web site or server and is stored on your computer's
disk.
In exchange for receiving the benefits provided by the Software, you hereby
grant Company permission to utilize the disk space and bandwidth of your computer.
Due to the ever-changing nature of media players, browsers, and other software
distributed on the Internet, Company has included an auto update feature to
ensure that you have the most recently released version of the Software. You
consent to such automatic updates and installations of new Company properties
and agree that these TOS will apply to all such updates. Unless explicitly stated
otherwise, any new features that augments or enhances the current Software,
including the release of new Company properties, shall be subject to the terms
of the License herein.
2. HOW IT WORKS
BY PARTICIPATING IN THE COMPANY FREE TRIAL OFFER YOU RECEIVE THE SOFTWARE WHICH
WILL ENABLE YOU TO ACCESS THE AVAILABLE CONTENT FOR THE PERIOD OF TIME SPECIFIED
ON THE ADVERTISMENT YOU HAVE CLICKED THROUGH. IF YOU DO NOT EITHER CANCEL OR
PROVIDE PAYMENT INFORMATION DURING THE TRIAL PERIOD OUR BILLING SOFTWARE WILL
BE ENABLED UPON THE EXPIRATION OF YOUR TRIAL PERIOD. THE BILLING SOFTWARE WILL
RUN ON YOUR COMPUTER, DISPLAYING POP-UP WINDOW REMINDERS THAT PROVIDE YOU WITH
VARIOUS METHODS OF PAYMENT FOR THE ANNUAL LICENSE. THESE POP-UP WINDOWS WILL
APPEAR MORE FREQUENTLY UNTIL YOU CHOOSE ONE OF THE PAYMENT OPTIONS AND PAY FOR
THE LICENSE. THE BILLING SOFTWARE IS SOLELY DESIGNED TO PREVENT FRAUDULENT AND
UNAUTHORIZED USE OF THE SOFTWARE. IF YOU FAIL TO PAY OR CANCEL DURING THE TRIAL
PERIOD, YOU ARE LEGALLY OBLIGATED TO PURCHASE AN ANNUAL LICENSE TO THE SOFTWARE
AT THE PRICE LISTED IN THE ADVERTISEMENT YOU CLICKED THROUGH TO INITIATE INSTALLATION.
3. TECHNICAL SPECIFICATIONS
ONCE THE SOFTWARE IS INSTALLED ON YOUR COMPUTER IT WILL CREATE AUTO START FEATURES
WITHIN YOUR OPERATING SYSTEM THAT WILL RUN PROCESSES ON YOUR SYSTEM. THESE PROCESSES
AND ALL COMPONENTS OF THE SOFTWARE CAN BE COMPLETELY REMOVED SHOULD YOU ELECT
TO CANCEL YOUR TRIAL WITHIN THE SPECIFIED TRIAL PERIOD. IF YOU DO NOT CANCEL
WITHIN THE SPECIFIED TRIAL PERIOD OUR SOFTWARE-LICENSE MANAGEMENT UTILITY WILL
STAY ON YOUR COMPUTER AND WILL CONTINUE TO LAUNCH ON START UP OF YOUR COMPUTER
UNTIL YOU SATISFY THE OBLIGATIONS YOU AGREED TO WHEN YOU INSTALLED OUR SOFTWARE.
4. DESCRIPTION OF SERVICE
Company provides users with access to a rich collection of resources, including
various communications tools, forums, shopping services, search services, personalized
content and branded programming through its network of properties which may
be accessed through any various medium or device now known or hereafter developed
(the Service). You also understand and agree that the Service may include advertisements
and that these advertisements are necessary for Company to provide the Service.
You agree to receive emails from Company, such as service announcements, and
administrative messages, and that these communications are considered part of
the software and Company membership and you will not be able to opt out of receiving
them. Unless explicitly stated otherwise, any new features that augments or
enhances the current Service, including the release of new Software and Company
properties, shall be subject to the TOS. You understand and agree that the Service
is provided AS-IS and that Company assume no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service and that access
may involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the
display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service. Please be aware
that certain areas on the Service contain adult or mature content. You must
be at least 18 years of age (or the age of majority in your state, if different)
to access and view such areas. Parental controls are available for use at your
discretion.
5. YOUR OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. You also
agree to: (a) provide true, accurate, current and complete information about
yourself as prompted by the Service's age verification form (such information
being the Registration Data); (b) make all payments due to Company in a timely
fashion; and (c) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, and Company have reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, Company has the right to suspend or terminate your use of the
Service and refuse any and all current or future use of the Service (or any
portion thereof). Company are concerned about the safety and privacy of all
its users, particularly children. For this reason, nobody under the legal age
of majority is permitted to contract for to the Service or Software and by accepting
the Software you are certifying that you will not permit anyone under the age
of majority in your state to access the Service or Software without your knowledge
and consent. When you download the software and/or Company Software or Service,
you certify that you are at least the age of majority in your state and that
you are the legal guardian of the children who have access to your computer.
You are solely responsible for controlling access to your computer system and
the Internet via your computer system. Access may be controlled through a variety
of security measures including password protections and parental controls. Please
contact your system manufacturer for more information on access controls.
6.COMPANY PRIVACY POLICIES
Registration Data and certain other information about you is subject to our
Privacy Policy which is can be viewed by clicking on the Privacy link at the
base of every Company Webpage. You understand that through your use of the Service
you consent to the collection and use (as set forth in the Privacy Policy) of
this information, including the transfer of this information to the United States
and/or other countries for storage, processing, and use by Company and its affiliates.
You acknowledge and understand that certain materials and files provided to
you may violate your local laws and regulations; therefore, you must determine
if your local laws and regulations will permit access to certain materials and
files
7. MEMBER CONDUCT
You agree to not use the Service to:
-harm minors in any way;
-interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
-intentionally or unintentionally violate any applicable local, state, national
or international law; You further understand that the Service and software embodied
within the Service may include security components that permit digital materials
to be protected, and use of these materials is subject to usage rules set by
Company and/or content providers who provide content to the Service. You may
not attempt to override or circumvent any of the usage rules embedded into the
Service. Any unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Service, in whole or in part,
is strictly prohibited.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically, you
agree to comply with all applicable laws regarding the transmission of technical
data exported from the United States or the country in which you reside.
9. INDEMNITY
You agree to indemnify and hold Company, and their subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE OR SOFTWARE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit
for any commercial purposes, any portion of the Service or Software.
11. MODIFICATIONS TO SERVICE
Company offers a variety of services and Company retains the right at its discretion
to make changes to the Services, including its fees and billing methods and
the amount of time a user may access the Services for free or for a specified
fee, or to discontinue some or all of the Services. Company retains the right
to change, suspend or terminate your use of the Service at any time for any
reason, without notice, and nothing herein shall be construed to limit that
right. Notice may be limited to posting changes on the Company homepage.
12. CHARGES AND BILLING
By using the Company Services and/or installing the Software, you agree to accept
the fees you may incur as a result of using Company Services, including but
not limited to, fees for supplemental services or features and purchases made
through the use of Company Services. Subject to any applicable law, fees and
charges for Company Services are non-refundable unless the pricing terms for
the applicable Company Service expressly says otherwise. You will be notified
of any applicable fees before you start incurring liability for such fees and,
by providing your billing information, you agree that you are liable for payment
of such fees. Company reserves the right to change its fees or billing methods
at any time and Company will provide thirty days notice of any such changes
in the same manner as described above for changes in the Rules and/or scope
of Company Services. If you do not like these changes to the fees, billing methods,
or changes to the Rules or the Company Services, because they adversely impact
you, you may terminate the applicable Company Services on or after the date
such changes go into effect, and as your sole and exclusive remedy, you will
be entitled to a pro-rata refund for amounts prepaid to cover future periods
of the terminated Company Service(s) from the date of termination.
You must provide a valid method of payment (i.e. credit card, checking account,
telephone billing, etc.) prior to and during any times you receive most billable
Company Services and pricing plans. You expressly authorize Company (or third
parties acting on behalf of Company) to charge all Company subscription fees
and other charges, including payment transaction fees for certain payment methods,
to the payment method you have designated. If you have any billing-related questions
or want to stop a recurring payment from being charged to your designated payment
method, contact our customer service department at the link on Company's homepage
or call the number that appears in the description of the charge on your credit
card statement. Some fees that you may incur using the Company Services may
accumulate on your Company account before they are charged to your designated
payment method. Company will assess a late fee of 1.5% per month (or the highest
amount permissible by law, whichever is less) if your payment is more than 30
days past due. You will be liable for any fees Company incurs in its efforts
to collect any unpaid balances from you. Any billing problems or discrepancies
must be brought to Company's attention by you within 90 days from the date you
are billed. If you do not bring them to Company's attention within 90 days,
you agree that you waive your right to dispute such problems or discrepancies
with Company. Company may suspend or terminate your use of the Company Services
if you fail to provide a valid designated payment method upon request or if
Company is unable for any reason to bill charges to your designated payment
method.
You are responsible for all fees and charges incurred, including applicable
taxes and purchases made by you or anyone you allow to use your account, including
your children and other members of your family. This means that, unless your
account or payment method information is obtained unlawfully or fraudulently
by someone other than those authorized to use your account, you will be responsible
for all usage and purchases under your account.
YOU ARE RESPONSIBLE FOR ALL AMOUNTS CHARGED BY COMPANY AND BY YOUR TELEPHONE
SERVICE PROVIDER FOR ALL CALLS YOU MAKE TO COMPANY'S CUSTOMER SUPPORT LINES.
CHECK WITH YOUR LOCAL TELEPHONE SERVICE PROVIDER TO DETERMINE WHETHER THE ACCESS
TELEPHONE NUMBERS YOU USE TO ACCESS THE COMPANY SERVICES ARE PROVIDED AT NO
CHARGE BY YOUR TELEPHONE SERVICE PROVIDER. BY ACCEPTING THE ACCESS NUMBERS DURING
THE REGISTRATION PROCESS OR USING ACCESS NUMBERS YOU MAY OTHERWISE SELECT, YOU
AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL TELEPHONE CHARGES RELATED TO ACCESSING
OUR SERVICES AND COMPANY WILL NOT REIMBURSE YOU FOR ANY SUCH CHARGES INCLUDING
LONG DISTANCE OR TOLL CHARGES.
You may obtain pricing information for supplemental services or features, as
well as answers to common billing questions by going to the Company Site.
13. TERMINATION
You agree that Company may, under certain circumstances and without prior notice,
immediately terminate your Company account, and access to the Service. Cause
for such termination shall include, but not be limited to, (a) breaches or violations
of the TOS or other incorporated agreements or guidelines, (b) requests by law
enforcement or other government agencies, (c) a request by you (self-initiated
account deletions), (d) discontinuance or material modification to the Service
(or any part thereof), (e) unexpected technical or security issues or problems,
(f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection with
the Services. Termination of your Company account includes (a) removal of access
to all offerings within the Service, including but not limited to Company Mail,
Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards, Greetings,
Alerts and Games; (b) deletion of your password and all related information,
files and content associated with or inside your account (or any part thereof);
and (c) barring further use of the Service. Further, you agree that all terminations
for cause shall be made in Company's sole discretion and that Company shall
not be liable to you or any third-party for any termination of your account,
any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
advertiser. You agree that Company shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
15. LINKS
The Service may provide, or third parties may provide, links to other World
Wide Websites or resources. Because Company has no control over such sites and
resources, you acknowledge and agree that Company is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any Content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge and agree
that Company shall not be responsible or liable, directly or indirectly, for
any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available on or through
any such site or resource.
16. COMPANY'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in
connection with the Service (Software) contain proprietary and confidential
information that is protected by applicable intellectual property and other
laws. You further acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Company or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create derivative works
based on the Service or the Software, in whole or in part. Company grants you
a personal, non-transferable and non-exclusive right and license to use the
object code of its Software on a single computer; provided that you do not (and
do not allow any third party to) copy, modify, create a derivative work of,
reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any manner
or form, or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree not
to access the Service by any means other than through the interface that is
provided by Company for use in accessing the Service.
17. SOFTWARE CONFLICTS
Conflicts may occur with other software applications that may already be installed
on your computer. The software reports back to our servers what applications
may be running on your system and will resolve these conflicts whenever possible.
This will make our software more reliable and provide you with products and
services that are compatible with your current system settings.
18. ADVERTISEMENTS
Company reserves the right to run advertisements and promotions via its Website
and via the Software. By accepting the terms of this License, you agree that
Company has the right to run such advertisements and promotions without compensation
to you. The timing, frequency, placement and extent of advertising are subject
to change and shall be determined in our sole discretion. Your business dealings
with, or participation in promotions of advertisers found on or through Company'
Website or the Application, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and the advertiser. You
agree that Company will not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of
the presence of such advertisers on the Website or on the Application.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS.COMPANY EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE
EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON
A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC
CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE
USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
22. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third party beneficiaries to this Agreement.
23. NOTICE
Company may provide you with notices, including those regarding changes to the
TOS, by email, regular mail, or postings on the Service.
24. TRADEMARK INFORMATION
Company logos, are trademarks and service marks and other Company logos and
product and service names are trademarks of Company (Company Marks). You agree
not to display or use in any manner, Company Marks, without Company's prior
written permission.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
OR INTELLECTUAL PROPERTY INFRINGEMENT
Company respects the intellectual property of others, and we ask our users to
do the same. Company may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers.
If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated,
please provide Company's Copyright Agent the following information:
-an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
-a description of the copyrighted work or other intellectual property that you
claim has been infringed;
-a description of where the material that you claim is infringing is located
on the site;
-your address, telephone number, and email address;
-a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
-a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.
Company's Agent for Notice of claims of copyright or other intellectual property
infringement can be reached by mail: Copyright Agent co Company Inc. 40 Gerrard
Street, London, W1D 5QE
26. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Company
and governs your use of the Service, superseding any prior agreements between
you and and Company with respect to the Service. You also may be subject to
additional terms and conditions that may apply when you use or purchase certain
other Company services, affiliate services, third-party content, or third-party
software.
Choice of Law and Forum. Any disputes between the Parties arising out of or
relating to this Agreement, or the performance or breach thereof, shall be determined
as follows: within seven (7) days of either Party notifying the other of a dispute,
which the Parties have been unable to reconcile, a meeting will be held between
agents of both Parties in an attempt to reach an amicable conclusion of the
dispute in Chatsworth, California at a location designated by Company's agents
(or by telephone if so designated by Company, in Company's sole discretion).
Should the parties be unable or unwilling to reach an amicable and mutually
agreed conclusion to the dispute then either Party may resort to binding arbitration
conducted in accordance with the Judicial Arbitration and Mediation Services
("JAMS") Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C.
Sections 1-6, not state law, will cover the arbitrability of disputes. This
agreement will otherwise be governed by the substantive laws of the state of
California (without respect of its conflict or choice of law provisions) The
costs of arbitration, including arbitor's fees, shall be shared equally by the
parties; provided, however, that each party will bear the cost of preparing
and presenting its own claims and/or defenses (including its own attorneys'
fees). The venue for arbitration will be Chatsworth, California. A single arbitrator
engaged in the practice of law, who is knowledgeable about the subject matter
of this Agreement, will conduct the arbitration. The arbitrator shall be selected
by JAMS. The arbitrator is bound to apply and enforce the terms of this Agreement.
The arbitrator's decision will be final, binding and enforceable in a court
of competent jurisdiction. If a party is required to enforce compliance with
this Section (including nonpayment of an award), then the non-complying party
must reimburse all costs and expenses incurred by the party seeking such enforcement
(including reasonable attorneys' fees).
BY ENTERING THIS AGREEMENT YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND AND
AGREE THAT, BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT
TO JUDICIAL DISCOVERY, TRIAL ON THE MERITS, BY EITHER JUDGE OR JURY, OR TRIAL
DE NOVO AND THE RIGHT TO APPEAL.
Waiver and Severability of Terms. The failure of Company to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such right
or provision. If any provision of the TOS is found by a court of competent jurisdiction
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
the other provisions of the TOS remain in full force and effect. No Right of
Survivorship and Non-Transferability. You agree that your Company account is
non-transferable and any rights to your Company I.D. or contents within your
account terminate upon your death. Upon receipt of a copy of a death certificate,
your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
Titles. The section titles in the TOS are for convenience only and have no legal
or contractual effect.
U.S. Government Restricted Rights Legend. The Software and any documentation
provided are commercial in nature and have been developed exclusively at private
expense. Use, duplication or disclosure by the United States Government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7103 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software Restricted Rights section at 48
C.F.R. 52.227-19, and any other successor regulations, as applicable.
27. VIOLATIONS.
Please report any violations of the TOS to our Customer Care
group by clicking on our Customer Service link at the base of any Company Webpage.
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