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TERMS
AND CONDITIONS
The
ABC Web Video Co. and its affiliates (collectively, "ABC Web
Video ") provides all information on this site (together with
all content and the underlying source HTML files that implement the
hypertext features, collectively this "Site") exclusively
under the following Terms and Conditions and all applicable laws:
1.
OWNERSHIP, LICENSE & RESTRICTIONS ON USE
1.1
All right, title and interest (including all copyrights, trademarks
and other intellectual property rights) in this Site belongs to ABC
Web Video. In addition, the names, images, pictures, logos and icons
identifying ABC Web Video's products and services are proprietary
marks of ABC Web Video and/or its subsidiaries or affiliates. Except
as expressly provided below, nothing contained herein shall be
construed as conferring any license or right, by implication,
estoppels or otherwise, under copyright, trademark or other
intellectual property rights.
1.2
You are hereby granted a non-exclusive, non-transferable, limited
license to view this Site, and to download and/or print
insignificant portions of materials retrieved from this Site
provided (a) it is used only for informational, non-commercial
purposes, and (b) you do not remove or obscure the copyright notice
or other notices. Except as expressly provided above, no part of
this Site, including but not limited to materials retrieved there
from and the underlying code, may be reproduced, republished,
copied, transmitted, or distributed in any form or by any means,
without the express written permission of ABC Web Video.
1.3
Use, duplication, or disclosure by or for the United States
Government is subject to the restrictions set forth in DFARS
252.227-7013 (c)(1)(ii) and FAR 52.227-19.
2.
LINKS TO THIRD PARTY SITES
ABC
Web Video provides links to third party web sites for your
convenience. ABC Web Video does not assume any responsibility for
the (i) content of, (ii) technology implemented by, or (iii) privacy
practices of third party sites and all use is at your own risk. You
should review the privacy policy and terms of use for each third
party site and confirm they are acceptable prior to registration on
or use of the site. Links to third party sites do not imply
endorsement of the sites by ABC Web Video.
3.
DISCLAIMERS
3.1
THIS SITE IS PROVIDED ON AN "AS IS", "AS
AVAILABLE" BASIS AND ABC WEB VIDEO EXPRESSLY DISCLAIMS ALL
WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
3.2
ABC Web Video disclaims all responsibility for any loss, injury,
claim, liability, or damage of any kind resulting from, arising out
of, or in any way related to (a) any errors in or omissions from
this Site, including but not limited to technical inaccuracies and
typographical errors, (b) any third party websites or content
therein directly or indirectly accessed through links in this Site,
including but not limited to any errors in or omissions there from,
(c) the unavailability of this Site or any portion thereof, (d) your
use of this Site, or (e) your use of any equipment or software in
connection with this Site.
4.
LIMITATION OF LIABILITY A COVERED PARTY (AS DEFINED BELOW)
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY
DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS SITE,
INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED
PARTY. "Covered Party" means ABC Web Video Co., its
affiliates, and any officer, director, employee, subcontractor,
agent, successor, or assign of any of them.
5.
PRODUCT & SERVICE AVAILABILITY IN FOREIGN COUNTRIES
This
Site may contain references or cross references to ABC Web Video
products and services that are not available in every country.
6.
GOVERNING LAWS IN CASE OF DISPUTE; JURISDICTION
These
Terms and Conditions shall be governed by and construed in
accordance with the laws of the State of Ohio, USA, as they apply to
agreements made and solely performed therein. Disputes arising
hereunder or in any way related to this Site shall be exclusively
subject to the jurisdiction of the Federal Courts of the United
States of America and/or the State Courts of Ohio, and jurisdiction
therefore shall rest solely in Ohio, USA.
7.
CHANGES TO SITE AND THESE TERMS AND CONDITIONS
This
Site and these Terms and Conditions may be changed by ABC Web Video
with or without notice. Please review this link on a regular basis
for changes. Continued use of this Site following any change
constitutes your acceptance of the change.
8.
ENTIRE AGREEMENT; SEVERABILITY
These
Terms and Conditions incorporate by reference any notices contained
on this Site and constitute the entire agreement with respect to
your access to and use of this Site. If any provision of these Terms
and Conditions is unlawful, void or unenforceable, then that
provision shall be deemed severable from the remaining provisions
and shall not affect their validity and enforceability.
9.
COMMUNICATIONS
Any
communication or other information sent to ABC Web Video via
electronic mail or otherwise in connection with your use of this
Site, including but not limited to suggestions, ideas and comments,
will be treated as non-confidential and all such information may be
used by ABC Web Video for any purpose without compensation.
Disclosure shall constitute an assignment of all right, title and
interest in such information to ABC Web Video.
10.
LINKS TO ABC WEB VIDEO, Co. WEB PAGES
10.1
ABC Web Video permits links to this Site provided (a) you do not
remove or obscure, by framing or otherwise, any content, including
but not limited to the copyright notice and other notices, (b) you
do not directly or indirectly cause any portion of this Site to
appear on a user's computer screen with any material (e.g. URL,
text, graphics, pop-up window, audio or other) supplied by or
associated with you or a third party, (c) you give ABC Web Video
notice of all such links by sending an e-mail to webmaster@abcwebvideo.com,
and (d) you discontinue providing links to this Site if notified by
ABC Web Video.
10.2
When linking to this Site you may use one or more ABC Web Video
logos as a link anchor. To ensure proper usage of ABC Web Video
logos, we've presented them Here. These logos are trademarks
of ABC Web Video and ABC Web Video retains all rights in them. ABC
Web Video grants you a limited license to use these logos solely for
linking to ABC Web Video web pages as provided above. Logos cannot
be altered or modified other than to make them larger or smaller.
Except for the limited license provided above, ABC Web Video does
not grant, by implication, estoppels or otherwise, any license to
use any trademark, copyrighted materials or other proprietary
materials displayed on this Site and any other use is strictly
prohibited.
11.
IF YOU DO NOT AGREE ...
IF
THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST
IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.
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