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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:
- The SYNTHESPIA Content and Third Party Content may be
used solely for informational purposes.
- The SYNTHESPIA Content and Third Party Content may not
be modified or altered in any way.
- The SYNTHESPIA Content and Third Party Content on the
Site may not be distributed or sold, rented, leased, or licensed to
others.
- You may not remove any copyright or other proprietary
notices contained in the SYNTHESPIA Content and Third Party Content.
- 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.
- 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:
- not to disrupt or interfere with any other user's enjoyment
of the Site or affiliated or linked sites;
- not to upload or otherwise transmit through the Site
any viruses or other harmful, disruptive, or destructive files;
- not to create a false identity;
- not to use or attempt to use another's account, password,
services, or systems;
- not to attempt to transmit any content which you are
not authorized to transmit; and
- 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.
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