TERMS AND CONDITIONS OF USE
We have taken every effort to design our Web site to
be useful, informative, helpful, honest and fun. Hopefully we've
accomplished that — and would ask that you let us know if you'd
like to see improvements or changes that would make it even easier for
you to find the information you need and want.
All we ask is that you agree to abide by the following
Terms and Conditions. Take a few minutes to look them over because by
using our site you automatically agree to them. Naturally, if you don't
agree, please do not use the site. We reserve the right to make any modifications
that we deem necessary at any time. Please continue to check these terms
to see what those changes may be! Your continued use of TheMultimediaGuy.com
Web site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on TheMultimediaGuy.com site, including,
without limitation, text, software, names, logos, trademarks, service
marks, trade names, images, photos, illustrations, audio clips, video
clips, and music are copyrighted intellectual property. All usage rights
are owned and controlled by TheMultimediaGuy.com. You, the visitor, may
download Online Materials for non-commercial, personal use only provided
you 1) retain all copyright, trademark and propriety notices, 2) you make
no modifications to the materials, 3) you do not use the materials in
a manner that suggests an association with any of our products, services,
events or brands, and 4) you do not download quantities of materials to
a database, server, or personal computer for reuse for commercial purposes.
You may not, however, copy, reproduce, republish, upload, post, transmit
or distribute Online Materials in any way or for any other purpose unless
you get our written permission first. Neither may you add, delete, distort
or misrepresent any content on the TheMultimediaGuy.com site. Any attempts
to modify any Online Material, or to defeat or circumvent our security
features is prohibited.
Everything you download, any software, plus all files,
all images incorporated in or generated by the software, and all data
accompanying it, is considered licensed to you by TheMultimediaGuy.com
or third-party licensors for your personal, non-commercial home use only.
We do not transfer title of the software to you. That means that we retain
full and complete title to the software and to all of the associated intellectual-property
rights. You're not allowed to redistribute or sell the material
or to reverse-engineer, disassemble or otherwise convert it to any other
form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments,
or other information that you send to TheMultimediaGuy.com through our
site (other than information we promise to protect under our privacy policy
becomes and remains our property, even if this agreement is later terminated.
That means that we don’t have to treat any such
submission as confidential. You can't sue us for using ideas you
submit. If we use them, or anything like them, we don't have to
pay you or anyone else for them. We will have the exclusive ownership
of all present and future rights to submissions of any kind. We can use
them for any purpose we deem appropriate to our TheMultimediaGuy.com mission,
without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission
you make. This means that you (and not we) have full responsibility for
the message, including its legality, reliability, appropriateness, originality,
and copyright.
Limitation of Liability
TheMultimediaGuy.com WILL NOT BE LIABLE FOR ANY DAMAGES
OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
- THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY
ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM
OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE
- INTERRUPTION OF AVAILABILITY OF OUR SITE
DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR
INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN
IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM
A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF
WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT
OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL"
DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY
WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER
THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL
LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE
DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED
BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER
ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF
ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other
World Wide Web sites from our site. Such a link should not be seen as
an endorsement, approval or agreement with any information or resources
offered at sites you can access through our site. If in doubt, always
check the Uniform Resource Locator (URL) address provided in your WWW
browser to see if you are still in a TheMultimediaGuy.com-operated site
or have moved to another site. TheMultimediaGuy.com is not responsible
for the content or practices of third party sites that may be linked to
our site. When TheMultimediaGuy.com provides links or references to other
Web sites, no inference or assumption should be made and no representation
should be inferred that TheMultimediaGuy.com is connected with, operates
or controls these Web sites. Any approved link must not represent in any
way, either explicitly or by implication, that you have received the endorsement,
sponsorship or support of any TheMultimediaGuy.com site or endorsement,
sponsorship or support of TheMultimediaGuy.com, including its respective
employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either
party. You may terminate this agreement at any time, by destroying all
materials obtained from all TheMultimediaGuy.com Web site, along with
all related documentation and all copies and installations. TheMultimediaGuy.com
may terminate this agreement at any time and without notice to you, if,
in its sole judgment, you breach any term or condition of this agreement.
Upon termination, you must destroy all materials. In addition, by providing
material on our Web site, we do not in any way promise that the materials
will remain available to you. And TheMultimediaGuy.com is entitled to
terminate all or any part of any of its Web site without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United
States, you are responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and
enforced in accordance with the laws of the Nevada, as it is applied to
agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened
to violate TheMultimediaGuy.com and/or its affiliates' intellectual property
rights, TheMultimediaGuy.com and/or its affiliates may seek injunctive
or other appropriate relief in any state or federal court in the State
of Nevada, and you consent to exclusive jurisdiction and venue in such
courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually agreed-upon mediator
in the following location: Douglas County. Any costs and fees other than
attorney fees associated with the mediation will be shared equally by
each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to binding
arbitration at the following location: Douglas County, under the rules
of the American Arbitration Association. Judgment upon the award rendered
by the arbitration may be entered in any court with jurisdiction to do
so.
TheMultimediaGuy.com may modify these Terms of
Use, and the agreement they create, at any time, simply by updating this
posting and without notice to you. This is the ENTIRE agreement regarding
all the matters that have been discussed.
|