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- ACCEPTANCE OF TERMS AND
CONDITIONS
Welcome to Multimedia Quest. This User Agreement ("Agreement")
governs your use of the Service. Products and
services you purchase through the Service will
be governed by a separate agreement between you
and Multimedia Quest
. By accessing or using the Service, you agree
to be bound by all of the terms and conditions
of this Agreement. IF YOU DO NOT AGREE WITH ALL
OF THE TERMS AND CONDITIONS CONTAINED IN THIS
AGREEMENT, PLEASE DO NOT USE THE SERVICE. Your
failure to comply with the terms and conditions
of this Agreement, any changes or revisions to
this Agreement, and any additional rules of
usage that apply to specific parts of the
Service, may result in termination of your
access to the Service, without notice, in
addition to Multimedia Quest
other rights and remedies. Multimedia Quest reserves the
right to change these terms and conditions at
any time. The changes to the Agreement will
appear on this page. By using the Service, you
agree in advance to accept any such changes.
Multimedia Quest may
change, suspend or discontinue all or any part
of the Service or any Service feature, database
or content, for any reason, without notice.
- USE OF THE
SERVICE
The materials used and
displayed on the Service, including but not
limited to text, photographs, graphics, audio
clips, video clips, and names, logos, trademarks
and service marks ("Content"), are the property
of Multimedia Quest
or its affiliates or licensors and are protected
by copyright, trademark, patent and other laws.
Any Content may be displayed solely for
personal, non-commercial purposes. Except as
expressly authorized by Multimedia Quest or its licensors, you
agree not to modify, reproduce, retransmit,
distribute, disseminate, sell, publish,
broadcast or circulate the Content, or create
derivative works based on the Service or the
Content. You further agree not to upload, post,
email, transmit or otherwise make available any
Content that infringes any copyright, trademark,
patent, trade secret or other proprietary rights
of any party. Your right to use the Service is
personal to you. You may not authorize others to
use the Service and you are responsible for all
of your own use of the Service. You agree not to
upload, email, transmit or otherwise make
available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, false,
invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable,
or that otherwise violates any local, state,
national or international law or regulation. You
agree that, other than connecting to Multimedia Quest servers by
HTTP requests through a Web browser, you shall
not attempt to gain access to Multimedia Quest
servers by any
means, including without limitation, by using
administrator passwords or by masquerading as an
administrator while using the Service or
otherwise. You agree not to upload, post, email,
transmit or otherwise make available any
unsolicited or unauthorized advertising,
promotional materials, "junk mail", "spam",
"chain letters", "pyramid schemes" or any other
form of solicitation. You agree not to disrupt,
modify or interfere with the Service or its
associated software, hardware and servers in any
way, and you agree not to impede or interfere
with the use by any other user of the Service.
You further agree not to alter or tamper with
any information, materials or Content on, or
associated with, the Service.
- REGISTRATION
In
consideration of your use of the Service, you
agree to provide true, accurate, current and
complete information about yourself as prompted
by the Service's registration form and to
maintain and promptly update such information as
necessary to keep it current, accurate and
complete. If you provide any information that is
untrue, inaccurate, not current or incomplete,
or Multimedia Quest
has reasonable grounds to believe that such
information is untrue, inaccurate, not current
or incomplete, Multimedia Quest
has the right to suspend or
terminate your account and refuse any and all
current or future use of the Service or any
portion thereof. As part of the registration
process, you will select a password and
user ID, and provide true, accurate,
current and complete registration information.
You may not select or use a user ID of
another person with the intent to impersonate
that person, use a subscriber ID in which
another person has rights without such person's
authorization, or use a user ID that
Multimedia Quest , in
its sole discretion, deems offensive.
- LINKS
The Service may
contain links to and information from other web
sites. You acknowledge and agree that Multimedia Quest is not
responsible for the availability and content of
and from such external sites. Your decision to
link to any of these sites is at your own risk.
- NO RESALE OF
SERVICE
You agree not to reproduce,
duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service,
use of the Service or access to the Service.
- ADDITIONAL
RULES
Multimedia Quest
reserves the right to post, from
time to time, additional rules of usage that
apply to specific parts of the Service. Any such
additional rules will be posted in the relevant
parts of the Service. Your use of the Service
constitutes your agreement to comply with these
additional rules.
- INDEMNIFICATION
You
agree to indemnify Multimedia Quest and its officers,
directors, shareholders, employees, agents,
representatives and licensors, and to hold them
harmless, from and against all losses, expenses,
damages and costs, including attorneys' fees,
that result or arise from your violation or
breach of this Agreement, your use of the
Service, the use of the Service by third parties
who access the Service through you, your
submissions, your unauthorized use or
transmission of material obtained through the
Service, or any other acts relating to your use
of the Service. Multimedia Quest
reserves the right to take over the
exclusive defense of any claim for which Multimedia Quest is entitled
to indemnification under this Section. In such
event, you shall provide us with such
cooperation as is reasonably requested by us.
- 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. MULTIMEDIA QUEST EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR ANY OTHER WARRANTY,
CONDITION, GUARANTEE OR REPRESENTATION, WHETHER
ORAL, IN WRITING OR IN ELECTRONIC FORM,
INCLUDING BUT NOT LIMITED TO THE ACCURACY OR
COMPLETENESS OF ANY INFORMATION CONTAINED
THEREIN OR PROVIDED BY THE SERVICE. Roberts
Video MAKES NO
WARRANTY THAT (1) THE SERVICE WILL MEET YOUR
REQUIRMENTS, (2) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE, (4)
THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, (5) NO VIRUSES OR OTHER
DESTRUCTIVE MATERIALS WILL BE TRANSMITTED ON THE
SERVICE, AND (6) 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.
YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH
MATERIAL. NO ADVICE, INFORMATION OR
REPRESENTATION, WHETHER ORAL, IN WRITING OR IN
ELECTRONIC FORM, OBTAINED BY YOU FROM Roberts
Video OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THIS AGREEMENT.
- LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT MULTIMEDIA QUEST
SHALL NOT BE LIABLE TO YOU OR ANY
THIRD PARTY 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 REGARDLESS OF THE TYPE
OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION
(EVEN IF MULTIMEDIA QUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING OR ARISING FROM: (1) THE USE
OR THE INABILITY TO USE THE SERVICE, (2) 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, (3) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, (4) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE, OR (5) ANY OTHER MATTER
RELATED TO OR ARISING FROM THE SERVICE. MULTIMEDIA QUEST LIABILITY TO
YOU SHALL NOT, FOR ANY REASON, EXCEED THE
AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO
MULTIMEDIA QUEST .
- EXCLUSIONS AND
LIMITATIONS
SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL AND CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.
- TERMINATION
Roberts
Video may, in its
sole discretion, terminate or suspend your
access to all or any part of the Service, for
any reason, without notice.
- JURISDICTION
This
Agreement shall be construed and enforced in
accordance with state law where Multimedia Quest
resides . Any
action based on or alleging breach of this
Agreement shall be brought in a federal or state
court located in the city and state where
Multimedia Quest
resides. You agree to submit to the personal
jurisdiction and venue of such courts.
- MISCELLANEOUS
If any
provision of this Agreement 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 Agreement shall
remain in full force and effect.
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