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Welcome to our website ("Site"). These terms of use ("Terms") constitute a legal agreement between you and a subsidiary of Mill Valley Media, Inc. ("MVM").
BY TICKING THE "I AGREE" BOX OR BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEB SITE, OR OTHER MVM SOFTWARE, SERVICES, WEBSITES OR ANY OF MVM’S LICENSEES SERVICES OR SOFTWARE (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEB SITE.
MVM RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN MVM’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED ON THE MVM WEBSITE.
USE OF THE SITE. You may use this site for purposes expressly permitted by this site. As a condition of your use of MVM’s website(s), you warrant to MVM that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of MVM. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with MVM in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use MVM’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party's use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s). Any use of the Content, this Site or any of its functionality for a purpose not permitted by these Terms is grounds for the immediate revocation of any consent that may have been granted by MVM for use of this Site.
PROPRIETARY INFORMATION AND INTELLECTUAL PROPERTY RIGHTS.
The material and content accessible from this Site, and any other website
owned, operated, licensed, or otherwise controlled by MVM (the "Content")
is the proprietary information of MVM or the party that provided or licensed
the Content to MVM, whereby such providing party retains all right, title,
and interest in the Content.
Furthermore, all elements of the MVM Site, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Accordingly, neither the Site nor the Content may be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of MVM. Neither title nor intellectual property rights are transferred to you by access to this site.
“Inside Wine” is a registered trademark of MVM. Other trademarks, service marks, logos, and copyrighted works appearing in this site are the property of MVM or the party that provided the trademarks, services marks, logos, and copyrighted works to MVM. MVM and any party that provided trademarks, service marks, logos, and copyrighted works to MVM retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site. All contents of MVM’s websites are: Copyright © 2005 Mill Valley Media (or its suppliers), Mill Valley, California, U.S.A. All rights reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
DISCLAIMER. You understand that MVM cannot and does not guarantee or warrant that any information or files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. MVM does not assume any responsibility or risk for your use of the Internet.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MVM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. MVM DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MVM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MVM MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT MVM, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. MVM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
MVM uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but makes no representations or warranties as to the Content's accuracy, correctness or reliability. Images of people or places displayed on the Site are either the property of, or used with permission by, MVM or other third parties. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site or by separate license or agreement. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications' regulations and statutes.
There may be links to other websites from this Site; however, these other websites are not controlled by MVM and we are not responsible for any content contained on any such website or any loss or damage suffered by you in relation to your use of such websites. You waive any and all claims against MVM regarding the inclusion of links to outside websites or your use of those websites. Additionally, parties other than MVM provide services from this Site. For example, you may obtain information regarding certain photographer's services through MVM Photo Assignments. MVM does not evaluate or warrant the offerings or services of these parties, and except as otherwise provided by written agreement, does not assume any liability for the actions, product, services or content of these parties.
Some US states and nations do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
GOVERNING LAW AND VENUE. Except as otherwise provided within this Agreement, any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in San Francisco, California, before one arbitrator in accordance with the rules of the American Arbitration Association, except that if the Brand Owner is not a United States person, then the arbitration shall be conducted in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution, of the American Arbitration Association. No award shall be made of attorney’s fees. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties authorize the arbitrator to grant equitable as well as monetary relief. Any action arising from or relating to this Agreement (including but not limited to contract, tort or both), which cannot be arbitrated, including the validity of any subsections of this section of this Agreement, shall be instituted and maintained in the United States District Court for the Northern District of California or a Court of the County of Marin, in the state of California, except for injunctive relief instituted by the MVM or in an action in which the MVM is named as a party by a person other than a party to this Agreement. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. This Agreement and any disputes arising hereunder shall be interpreted and construed under, and be governed by, the substantive law of California as such laws are applied to any act or agreement entered into between residents of that state and performed entirely within California and without reference to any laws that direct the application of another jurisdiction’s laws and without reference to its laws relating to conflicts of law.
Notwithstanding the foregoing, however, MVM shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of MVM, such action is necessary or desirable beyond that relief immediately afforded through an arbitration proceeding.
MISCELLANEOUS. No action of MVM, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms of Use.
If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MVM as a result of this agreement or use of MVM’s Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.
LIMITATION ON LIABILITY. MVM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF MVM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF MVM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 US OR THE AMOUNT YOU HAVE PAID TO MVM FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
INDEMNITY. You will indemnify and hold MVM, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.
TERMINATION OR RESTRICTION OF ACCESS. MVM reserves the
right, in its sole discretion, to terminate your access to any or all of
MVM’s websites and the related services or any portion thereof at
any time, without notice.