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This Web site ("Site") is owned and operated by Milestone
Mediaworks.) By accessing and using this Site, you ("User") unconditionally agree to be bound
by all of the terms, conditions and notices contained in this Conditions of Use Agreement
("Agreement"). If User does not agree to all the terms,
conditions, and notices contained in this Agreement, User should not, and is not permitted to, use this
Site. If the User has at any time entered into an agreement with Milestone Mediaworks entitled "Milestone
Mediaworks
Services Agreement" and said agreement has not been terminated, said agreement will remain in full force
and effect and will not be deemed modified or superseded by any provisions of this Agreement.
Milestone Mediaworks MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY FOR ANY PURPOSE OF THIS SITE, INCLUDING
BUT NOT LIMITED TO INFORMATION, DATA, TEXT, DOCUMENTS, GRAPHICS, COMPUTER TECHNOLOGY OF ANY KIND AND/OR
SOFTWARE ("SITE CONTENT"). ALL SITE CONTENT IS FURNISHED TO AND ACCEPTED BY THE USER IN "AS IS" CONDITION. ALL
EXPRESS AND/OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY RIGHTS (INCLUDING WITHOUT LIMITATION INTELLECTUAL
PROPERTY RIGHTS OF ANY KIND), ARE EXPRESSLY EXCLUDED.
Milestone Mediaworks WILL NOT BE LIABLE TO THE USER EXCEPT TO THE EXTENT THAT SUCH LIABILITY IS EXPRESSLY
STATED IN THIS AGREEMENT. THE SITE CONTENT MAY INCLUDE INACCURACIES, OUTDATED INFORMATION, DEFECTS, OMISSIONS
AND/OR OTHER ERRORS. Milestone Mediaworks DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE SITE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
THE USER (AND NOT Milestone Mediaworks) ASSUMES THE ENTIRE RISK AND COST OF ALL NECESSARY SERVICING, REPAIR, REPLACEMENT
AND/OR CORRECTION OF ANY OF THE USER'S COMPUTER HARDWARE, SOFTWARE AND/OR ANY OTHER PROPERTY WHATSOEVER,
WHETHER OR NOT Milestone Mediaworks IS AT FAULT.
Milestone Mediaworks SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS, DAMAGE, INJURY
OR OTHER CLAIMS ARISING OUT OF: (i) THE USER'S PURCHASE, LICENSING OR USE OF ANY PRODUCTS OR SERVICES
PROVIDED BY OR THROUGH ANY Milestone Mediaworks MERCHANT(S); (ii) THE BUSINESS AND/OR OTHER ACTIVITIES OF ANY Milestone Mediaworks
MERCHANT(S); (iii) THE USER'S INABILITY, FOR WHATEVER REASON(S), TO TRANSACT BUSINESS WITH AND/OR ACCESS
ANY Milestone Mediaworks MERCHANT(S); AND (iv) THE NEGLIGENCE, MISREPRESENTATION AND/OR OTHER CONTRACT, STATUTORY,
TORT AND/OR OTHER LIABILITY OF ANY KIND OF ANY Milestone Mediaworks MERCHANT(S) TO THE USER OR OTHERS.
Milestone Mediaworks DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR
WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Milestone Mediaworks WEB SITES
OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Milestone Mediaworks MAKES
NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY COMPUTER HARDWARE, SERVERS, SOFTWARE,
TRANSMISSION SERVICES AND/OR OTHER THIRD PARTY PRODUCTS OR SERVICES OF ANY KIND AND THE USER ASSUMES
ALL RISKS IN CONNECTION THEREWITH.
Milestone Mediaworks WILL NOT IN ANY EVENT OR UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, ECONOMIC, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOST PROFITS ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE USER'S INABILITY TO USE THIS SITE, OR
FOR THE SITE CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF ANY Milestone Mediaworks WEB SITES, INCLUDING WITHOUT
LIMITATION ANY AND ALL LIABILITY ARISING FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT
LIABILITY, AND ANY OTHER STATUTORY, CONTRACT, TORT AND/OR OTHER LIABILITY, EVEN IF Milestone Mediaworks HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES.
IN NO EVENT WILL Milestone Mediaworks BE LIABLE OR OBLIGATED IN ANY MANNER TO THE USER OR OTHERS FOR
ANY AMOUNT IN EXCESS OF THE SUM OF ONE DOLLAR ($1.00 U.S.), INCLUDING WITHOUT LIMITATION ANY AND ALL
LIABILITY ARISING FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY AND ANY OTHER
STATUTORY, CONTRACT AND/OR TORT LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE.
IF Milestone Mediaworks PROVIDES LINKS TO OTHER WEB SITES, THE USER AGREES THAT WITH RESPECT TO SUCH
WEB SITES, Milestone Mediaworks DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE SAME, NOR
WILL Milestone Mediaworks BE RESPONSIBLE TO THE USER OR ANYONE ELSE FOR ANY PRODUCTS, SERVICES OR OTHER
MATERIAL THAT MAY BE SOLD, LICENSED, DISTRIBUTED OR PROMOTED ON SUCH WEB SITES OR IN ANY MANNER FOR ANY
CONTENT ON SUCH WEB SITES.
THIS SECTION ALLOCATES THE RISKS BETWEEN THE PARTIES, IS REFLECTED IN THE ECONOMIC TERMS OF THIS AGREEMENT,
IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND WILL BE EFFECTIVE NOTWITHSTANDING THE
FAILURE OF PURPOSE OF ANY ESSENTIAL AND/OR OTHER REMEDY HEREIN. BECAUSE SOME STATES/ JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT, IN WHOLE OR IN PART,
APPLY TO THE USER. IN SUCH STATES/JURISDICTIONS, Milestone Mediaworks LIABILITY WILL BE LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
All Site Content is Copyright © 2005 Milestone Mediaworks. All rights reserved. User may not distribute,
modify, copy, reproduce, publish, license, create derivative works of, transfer, or sell any Site Content,
except that User may view the Site Content and download on any single computer one (1) copy of the Site
Content for personal, noncommercial use. Site Content may not be used on any other Web site or in any
networked computer environment. Milestone Mediaworks and its logo, service marks, trademarks, and/or
trade dress are owned exclusively by Milestone Mediaworks. All other trademarks, product names and
company names cited herein are the property of their respective owners. All rights not expressly granted
herein are reserved.
Prior to setting up a hypertext link to this Site, User is required to contact Milestone Mediaworks Webmaster
at webmaster@milestonemediaworks.com for permission. Milestone Mediaworks trademark and/or design or
logo may not be utilized in the icon establishing a link without Milestone Mediaworks prior written consent.
User may not incorporate in either any fashion (in whole or in part), through framing or any other method,
any Site Content into any other Web site in any manner whatsoever.
This Agreement is governed by the laws of the State of California, U.S.A without regard to any conflicts
of law rules. User irrevocably consents to the exclusive jurisdiction and venue of state and federal
courts in Santa Clara County, California, U.S.A. in all disputes arising under this Agreement and/or
relating to the use of this Site. The United Nations Convention on Contracts for the International Sale
of Goods (1980) is excluded from application to this Agreement. Use of this Site is unauthorized in any
jurisdiction that does not give effect to all terms and conditions of this Agreement. If User uses this
Site outside of the State of California, User is responsible for compliance with local laws and rules
having the force of law. If any part of this Agreement is found by a court of competent jurisdiction
to be unlawful, invalid or unenforceable, that part will be amended to achieve as nearly as possible
the same effect as the original provisions and the remainder of this Agreement will remain in full force.
Any law or rule under which a contract is construed against the drafting party will not apply to this
Agreement.
Misuse of this Site, or any breach of this Agreement, may result in User being denied access to this
Site. Milestone Mediaworks reserves the right to deny User access to its Site without notice and for
any reason. This Agreement is effective until terminated by either party. User may terminate this Agreement
at any time by destroying all Site Content and all related documentation and all copies thereof, whether
made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without
notice from Milestone Mediaworks if in Milestone Mediaworks sole discretion User fails to comply with
any terms or conditions in this Agreement. Upon termination, User must destroy all Site Content and all
copies thereof, whether made under the terms of this Agreement or otherwise. If the User sends improvements,
revisions, updates, enhancements, ideas, suggestions, drawings, concepts, and/or other information (collectively
referred to as "Information"), all Information (and related copyrights and other intellectual property
rights) will at all times be the sole and exclusive property of Milestone Mediaworks and the User will
have no rights to any fixed or contingent royalty, payment, or other consideration of any kind. None
of the Information will be subject to any obligation of confidentiality by Milestone Mediaworks, and
Milestone Mediaworks will not be liable for any use, copying, distribution, commercial exploitation and/or
disclosure of any and all Information.
Milestone Mediaworks reserves the right to change this Agreement at any time by revising the terms and
conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued
use of this Site following any such changes will constitute User's acceptance of such changes. If any
provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable,
the remaining provisions will nevertheless continue in full force without being impaired or invalidated
in any way.
This Agreement is the entire agreement between the User and Milestone Mediaworks for the subject hereof
and supersedes all oral or written proposals and discussions relating to this Agreement and all prior
courses of dealing or industry customs. The User has not entered into this Agreement by reason of or
in reliance on any representations of fact or opinion not expressly stated herein. Any section headings
or titles of this Agreement are inserted for convenience only and will have no other meaning. No action
by the User arising under this Agreement may be brought at any time more than twelve (12) months after
the facts occurred upon which the cause of action arose. The User may not assign any rights, or delegate
any duties, under this Agreement without the prior written consent of Milestone Mediaworks as indicated
by the handwritten signature of an officer of Milestone Mediaworks.
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