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Terms of Use

SYNTHESPIA, INC.
Website Terms Of Use.

Acceptance Of Terms Of Use Of This Website.
SYNTHESPIA(tm) ("SYNTHESPIA") makes this SYNTHESPIA Web site (the "Site"), including all information, documents, text, and graphics on the Site (collectively, the "Site Materials") as well as all software, products, and services offered and/or operated by SYNTHESPIA and/or third parties through the Site (collectively, the "Products and Services"), available for your use subject to the terms and conditions set forth in this document and any changes to this document that SYNTHESPIA may publish from time to time (collectively, the "Terms of Use").

BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, EVALUATING, DOWNLOADING, PURCHASING, AND/OR USING ANY OF THE PRODUCTS AND SERVICES DISPLAYED AND/OR OFFERED ON THIS SITE, OR BY MERELY BROWSING THIS SITE, YOU EXPRESSLY AGREE TO AND ARE BOUND BY THE TERMS OF USE.

SYNTHESPIA reserves the right to change the Terms of Use and other SYNTHESPIA guidelines and policies posted on the Site from time to time at its sole discretion, with or without notice, and the revised Terms of Use and other revised guidelines and policies shall be posted on the Site's home page. Your continued use of the Site, or any Products and Services accessible through it, constitutes your acceptance of the changes, and your use of the Site will be subject to the most current version of the Terms of Use, policies, and guidelines posted on the Site at the time of such use. Therefore, you should periodically check the "Terms of Use" link on SYNTHESPIA's home page to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site shall automatically terminate, and any Site Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed and, in certain cases (described in these Terms of Use), you may also be required to immediately stop using SYNTHESPIA's Products and/or Services.

Also, please be aware that certain Products and Services available on or through this Site are available only to persons who have purchased or subscribed to them under a paid or trial subscription agreement with SYNTHESPIA (the "Subscribers") or persons invited by SYNTHESPIA to evaluate such Products and/or Services, or who have requested the right to perform such an evaluation.

Intellectual Property; Limited License To Users
This Site, and the Site Materials, Products, and Services available through, advertised, or offered through or on this Site, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Site, Site Materials, and/or Products and Services available through, advertised, or offered through or on this Site may violate such laws and the Terms of Use. Except as expressly provided herein, SYNTHESPIA and its licensors and suppliers do not grant any express or implied rights to license or use the Site Materials, Products, and Services. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on, the Site, the Site Materials, or its Products and Services, except as expressly authorized herein.

Use of Services. When purchasing or using Products and/or Services on this Site that are offered by SYNTHESPIA, you shall be subject to any agreements or licenses applicable to such Products and/or Services and to the Terms of Use. Such agreements or licenses may contain terms and conditions in addition to those in the Terms of Use but all terms and conditions of the agreements or licenses and these Terms of Use shall apply.

In addition to the Products and Services offered by SYNTHESPIA, this Site also advertises, offers, or makes available information, Products and/or Services provided by third parties (collectively, the "Third Party Services"). The Third Party Products and/or Services are governed by separate agreements or licenses with such Third Parties that accompany such Products and/or Services. SYNTHESPIA offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Products and Services, including any liability resulting from incompatibility between the Third Party Products and/or Services and the Products and/or Services offered by SYNTHESPIA. You agree that you will not hold SYNTHESPIA responsible or liable with respect to the Third Party Products and Services or seek to do so.

Use of Software, Products, and Services. The software, Products, and Services, and accompanying documentation that is made available through this Site, whether made available by downloading or otherwise, is the copyrighted and/or patented work of SYNTHESPIA and/or its licensors and/or suppliers. Use of the Software, Products, and Services, and accompanying documentation, is governed by the terms of the agreement or license that accompanies or is included with such software, Products, or Services. You will not be able to download or install any software or Product that is accompanied by or includes a license agreement, and you will not be able to use any Service, unless you agree to the terms of the applicable license agreement. If you do not agree to such terms, you will not be able to use the software, Products, or Services. Absent a license agreement that accompanies the software, Product, or Services, use of the software, Products, or Services will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software and Products available on this Site, and that you will not decompile or reverse engineer any of the Products and Services.

Use of SYNTHESPIA Content and Third Party Content. Except as indicated to the contrary elsewhere on this Site, you may view, download, and print the SYNTHESPIA Content and any Third Party Content available on this Site subject to the following conditions:

  1. The SYNTHESPIA Content and Third Party Content may be used solely for informational purposes.
  2. The SYNTHESPIA Content and Third Party Content may not be modified or altered in any way.
  3. The SYNTHESPIA Content and Third Party Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
  4. You may not remove any copyright or other proprietary notices contained in the SYNTHESPIA Content and Third Party Content.
  5. SYNTHESPIA reserves the right to revoke the authorization to view, download, use, and/or print the SYNTHESPIA Content and Third Party Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from SYNTHESPIA.
  6. Any rights granted to you by SYNTHESPIA constitute a license and not a transfer of title.

Important Exceptions: Various sections of the Site such as, by way of example only, demonstrations which show the use and/or utilization of SYNTHESPIA Products and/or Services in the marketing communications industry, showcase the work of creative professionals. Such works belong to their creators, may be protected by copyright or other proprietary laws, and are for display and demonstration purposes only. Accordingly, you may not download, use, or print these works unless there is a notice associated with the work expressly permitting downloading, use, and/or printing.

The rights specified above - i.e., the right to view, download, and print the SYNTHESPIA Content and Third Party Content available on this Site -- are also not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Trademark Information
The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of SYNTHESPIA or third parties. You are not permitted to use the Marks without the prior written consent of SYNTHESPIA or such third party that owns the Marks. Traemarks of SYNTHESPIA, INC. include:

    SYNTHESPIA(tm)
    SYNTHESPIA logo
    vStory
    vStory Media Personalization Platform
    vStory-on-Demand
    vStory Content-on-Demand
    LetterSender
    CampaignRunner
    vSoD
    Computer Aided Story Telling
    CAST
    Personalization of Everything

User Conduct
In using the Site, including all Products and Services available through it, you agree:

  1. not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
  2. not to upload or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
  3. not to create a false identity;
  4. not to use or attempt to use another's account, password, services, or systems;
  5. not to attempt to transmit any content which you are not authorized to transmit; and
  6. not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Products and Services, Site Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.

Managing Content And Communications
Although it is not our intention to do so, SYNTHESPIA reserves the right, in its sole discretion, to delete or remove your content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition, SYNTHESPIA reserves the right to delete or remove your content if the applicable subscription or license has expired or lapsed or if SYNTHESPIA has a good faith belief that you have violated these Terms of Use or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of SYNTHESPIA or others.

SYNTHESPIA may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit content; and (ii) the substance of any content.

To the maximum extent permitted by law, SYNTHESPIA will have no liability related to your content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. SYNTHESPIA also disclaims all liability with respect to the misuse, loss, modification, destruction, or unavailability of any of your content.

Use And Protection Of Account Number And Password
You are responsible for maintaining the confidentiality of your account number, account name, and/or password, where and when applicable to the Site. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.

WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND SYNTHESPIA, THIS SITE, AND ALL SITE MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SYNTHESPIA MAKES NO WARRANTY THAT (i) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE PRODUCTS AND SERVICES OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, WILL BE CORRECTED.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. SYNTHESPIA MAY MAKE CHANGES TO THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND SYNTHESPIA MAKES NO COMMITMENT TO UPDATE SUCH SITE MATERIALS, PRODUCTS, AND/OR SERVICES.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) SYNTHESPIA DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) SYNTHESPIA MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) SYNTHESPIA SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES.

THE USE, INSTALLATION, AND/OR DOWNLOADING OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. SYNTHESPIA ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS INSTALLED OR DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SITE MATERIALS, PRODUCTS, AND SERVICES APPEARING ON AND/OR OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SYNTHESPIA OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

LIMITATION OF LIABILITY
IN NO EVENT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL SYNTHESPIA, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SYNTHESPIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

International Users
This Site can be accessed from countries around the world and may contain references to SYNTHESPIA Products and Services that are not available in your country. These references do not imply that SYNTHESPIA intends to announce or provide such Products or Services in your country.

The Site is controlled, operated, and administered by SYNTHESPIA from its offices within the United States of America. SYNTHESPIA makes no representation that the Site, or the Site Materials, Products, and Services appearing on or available through the Site, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of the Site Materials, Products, and/or Services are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws, including but not limited to the Export Control Laws discussed below.

INDEMNITY AND LIABILITY
You agree to indemnify and hold SYNTHESPIA, and its subsidiaries, affiliates, officers, directors, shareholders, agents, employees, licensors, suppliers, co-branders or other partners harmless from any claim or demand, including reasonable attorneys' fees and damages of any kind, made by any third party due to or arising out of content you submit to SYNTHESPIA and/or transmit through the Site (including, without limitation, any content or computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, the actions of any of your employees in conjunction with the Sites, or your violation of any rights of another person or entity or any and all laws and regulations applicable to this Terms of Use, and/or your use of SYNTHESPIA's Products and/or Services.

Governing Law And Jurisdiction
This Site (excluding linked sites) is controlled by SYNTHESPIA from its offices within the State of California, United States of America. By accessing this Site, you and SYNTHESPIA agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and SYNTHESPIA also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in San Francisco, California, USA.

Language
It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

General
The Terms of Use and the other guidelines, policies, licenses, and disclaimers posted on the Site constitute the entire agreement between SYNTHESPIA and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by SYNTHESPIA to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

©2004 SYNTHESPIA, INC. All rights reserved.