The following are terms of a legal agreement ("Agreement") between you and PROJECT MEDIUM ("PROJECT MEDIUM"). By accessing, browsing and /or using this web site ("Site") you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that PROJECT MEDIUM may amend this Agreement at any time without notice by posting the amended terms on this Site. Amendments shall become effective thirty (30) days after the first day PROJECT MEDIUM posts any such amendment on this Site.
PROJECT MEDIUM makes no representations whatsoever about any other web site which you may access through this one. When you access a non-PROJECT MEDIUM web site, please understand that it is independent from PROJECT MEDIUM, and that PROJECT MEDIUM has no control over the content on that web site, even if PROJECT MEDIUM provides information or services to the owner of that web site. In addition, a link to a non-PROJECT MEDIUM web site does not mean that PROJECT MEDIUM endorses or accepts any responsibility for the content or the use of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
Copyrights and Use of Site Content
The copyright in all materials provided on this Site is held by PROJECT MEDIUM or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any meansluding, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of PROJECT MEDIUM or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not "mirror" any material contained on this Site without PROJECT MEDIUM's express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Siteluding text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of PROJECT MEDIUM or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
Copyright Notice - ¬© 2003 PROJECT MEDIUM All rights reserved.
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of PROJECT MEDIUM. Other company, product, and service names may be trademarks or service marks of others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site, without the prior written permission of PROJECT MEDIUM. PROJECT MEDIUM aggressively enforces its intellectual property rights to the fullest extent of the law. The name PROJECT MEDIUM or any other Trademarks may not be used in any wayluding in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from PROJECT MEDIUM. PROJECT MEDIUM prohibits use of PROJECT MEDIUM or any other Trademark as part of a link to or from any site unless establishment of such a link is approved in advance by PROJECT MEDIUM in writing. Fair use of PROJECT MEDIUM's Trademarks requires proper acknowledgment.
You acknowledge and agree that PROJECT MEDIUM shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site. You hereby waive any claim against PROJECT MEDIUM for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with PROJECT MEDIUM's use and publication of such submissions. By submitting any creative ideas, concepts, know-how, techniques, suggestions or materials (collectively, "Submissions"), you are automatically granting PROJECT MEDIUM a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and PROJECT MEDIUM right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purposeluding, but not limited to, advertising and promotional purposes (collectively, "Rights"). This means that anything submitted by you to this Site will be owned by PROJECT MEDIUM and may be used by PROJECT MEDIUM for any purpose, now or in the future, without any payment to, or further authorization by, you. You covenant that you shall not post or otherwise publish on the Site any materials that (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. PROJECT MEDIUM reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason.
No Services or Professional Consultation
There may be delays, omissions or inaccuracies in information obtained through your use of this Site. This information is provided to you with the understanding that PROJECT MEDIUM's provision of this information to you does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, PROJECT MEDIUM does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this Site by PROJECT MEDIUM, any user, information provider or any other person or entity. You acknowledge that any reliance upon such opinion, advice, statement, memorandum, or information shall be at your sole option and risk.
Access to This Site
PROJECT MEDIUM may alter, suspend or discontinue this Site or your access to use this Site at any time for any reason without notice or liability. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to the user's systems or operations. The user shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage the user's systems, software or data.
Disclaimer of Warranties
THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PROJECT MEDIUM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, PROJECT MEDIUM DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PROJECT MEDIUM OR ANY OF ITS PREDECESSORS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ATTORNEYS AND THE RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS OF ALL THE FOREGOING BE LIABLE FOR ANY DAMAGESLUDING DIRECTIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ALLEGEDLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITELUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, EVEN IF PROJECT MEDIUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PROJECT MEDIUM'S AND/OR ITS PREDECESSORS', SUCCESSORS', SUBSIDIARIES', AFFILIATES', OFFICERS', DIRECTORS', MEMBERS', INVESTORS', EMPLOYEES', AGENTS', REPRESENTATIVES', AND ATTORNEYS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
You hereby indemnify, defend, and hold harmless PROJECT MEDIUM and/or any of its predecessors, successors, subsidiaries, affiliates, officers, directors, members, investors, employees, agents, representatives, and/or attorneys (collectively, the "Indemnified Parties") from and against any and all liability and costsluding, without limitation, reasonable attorneys' feesurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as reasonably required in the defense of any such claim. PROJECT MEDIUM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Enforcement of Terms and Conditions
This Agreement is governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the State of California in connection with any dispute or claim involving PROJECT MEDIUM. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. PROJECT MEDIUM may, in its sole discretion and without notice, PROJECT MEDIUMise these terms at any time by updating this posting.
This Agreement constitutes the entire agreement between you and PROJECT MEDIUM with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by PROJECT MEDIUM