Terms of Use for this Web Site

h2. Terms and Conditions for Use of this Web Site

By accessing or using any areas of our Web site (www.mediachase.com, docs.mediachase.com and all related servers operated by Mediachase LTD.), you are bound by the terms and conditions set forth below, as well as the terms of our Acceptable Use Policy and our Web Site Privacy Statement. If you do not accept these terms and conditions, you may not access or use this Web site. We retain the right to modify these terms and conditions at any time by posting new terms and conditions on this page.

h2. Permission to Use this Web Site

Many portions of this Web site are available for public viewing and use. You must register or enter into a separate agreement with Mediachase, LTD. to access other portions of this Web site. Subject to the terms and conditions set forth on this page, our Acceptable Use Policy and our Privacy Statement, and the terms and conditions of any license or other agreement pursuant to which you use our products or services, Mediachase, LTD. grants you permission to do the following: \(i) view and use for intended purposes those portions of this Web site to which we have granted you access; (ii) make one complete, unaltered electronic copy and/or one complete, unaltered paper copy of any page on this Web site to which we have granted you access, provided you retain all copyright, trademark and other proprietary rights notices and that you use it solely for personal or internal business purposes and do not distribute or republish it; (iii) obtain our products and sign up for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any license agreement or other agreement associated with those products and services; and (iv) use the discussion forums, contact lists and e-mail links to which you have been granted access to interact with Mediachase, LTD. and other users of our products and services in ways that do not violate our Acceptable Use Policy. Any other use of this Web site or its contents is prohibited without first obtaining written permission from Mediachase, LTD..

h2. Copyright, Trademarks and Other Proprietary Rights

This Web site contains text, data, software, photographs, graphics, videos, music, sounds and other information and material that is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of Mediachase, LTD., Inc. and/or its licensors or affiliates, and Mediachase, LTD. and its licensors and affiliates reserve all rights with respect to this Web site's content, including, without limitation, all rights to copy, display, distribute, transmit, modify, remove, and create derivative works of it.

If any of the products or services available to you on this Web site requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may be asked to choose a user name and/or password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Mediachase, LTD. immediately of any unauthorized use of your account or any other breach of security. Mediachase, LTD. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Mediachase, LTD. or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

h2. Third Party Statements and Opinions

Mediachase, LTD. is not responsible for any opinions, advice or statements made by third parties. Except as required by law, we have no obligation to monitor users' postings to our forums or to remove or retain forum content, although we reserve the right to do so.

*EXCEPT AS MAY BE PROVIDED IN A SEPARATE WRITTEN LICENSE OR OTHER AGREEMENT BETWEEN YOU AND Mediachase, LTD. PERTAINING TO Mediachase, LTD.' PRODUCTS OR SERVICES, NEITHER Mediachase, LTD. NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR DAMAGES ARISING OUT OF OR RELATED TO USE OF THIS WEB SITE OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEB SITE, WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF Mediachase, LTD. AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED.*

*IN NO EVENT WILL MEDIACHASE, LTD.' AND ITS AFFILIATES' TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEB SITE EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR US$1O.*

*SOME JURISDICTIONS LIMIT THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, Mediachase, LTD.' AND ITS AFFILIATES' AGGREGATE LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.*

h2. Export and Import Restrictions

This Web site is controlled and operated by Mediachase, LTD. from its offices within the United States. Mediachase, LTD. makes no representation that the products, services and other materials available through this Web site are appropriate or available for use in other countries, and access to them from countries where their contents or use is illegal is prohibited.

h2. Miscellaneous Terms and Conditions

The terms and conditions contained on this page apply generally to your access to and use of this Web site and our products and services. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on other pages of this Web site or by the terms and conditions of the licenses or other agreements pursuant to which you obtain our products or services. A specific provision in any of those notices, licenses or agreements that addresses the same subject matter as a provision on this page overrides the provision on this page.

No delay or failure to take any action or exercise any right that Mediachase, LTD. may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by Mediachase, LTD..

Any litigation arising out of or related to your access to or use of this Web site will be brought only in the State of California, USA. By accessing or using this Web site, you submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation.

The terms and conditions contained on this page will be governed by and interpreted in accordance with the laws of the State of California, USA, without regard to any of its choice of law rules that might lead to application of the law of another jurisdiction. If any of the terms or conditions contained on this page are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining terms and conditions will remain in full force and effect, and the invalid or unenforceable term or condition will be deemed superseded by a valid, enforceable term or condition that matches the practical effect of the original provision as closely as possible. These terms and conditions set forth our entire agreement with you related to your use of this Web site, and they prevail over any other communications we may have regarding its use, with the exception of an agreement signed by an authorized representative of Mediachase, LTD. that explicitly authorizes a use which is inconsistent with these terms and conditions.