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Terms of Use
The following explains the terms and conditions governing your use
of this Site (the "Terms of Use"). By accessing or using this
Site, you agree to the Terms of Use. If you do not accept all of the
Terms of Use, do not use this Site.
Modifications to Terms of Use
Trymedia Systems, in its sole discretion, may add, delete or change
some or all of the features of this Site (including the provisions of
the Terms of Use) or Trymedia's products and services from time to time,
and at any time. Your use of the Site will be subject to the most current
version of the Terms of Use posted on the Site at the time of such use.
If you fail to comply with any of the Terms of Use, your authorization
to use this Site will automatically and immediately terminate.
The Content on This Site
The Site may include data, information, press releases and other communications,
documents, code, software, photos, text, video, graphics, music, sounds,
images (including, but not limited to, screen shots of activeMARK system
interfaces and demos), logos and other material (the "Content").
This Site and the Content included on the Site are intended only as
a source of information concerning Trymedia Systems and its products
and services. The Content should not be considered complete, nor should
it be relied upon. In addition, the Content, including research and
descriptions relating to the Digital Distribution Market, is not, and
should be construed as, investment, business, financial, legal or other
advice of any kind. The Content may contain projections or other forward-looking
statements regarding future business developments and other future events.
Trymedia Systems wishes to caution you that such statements reflect
only the predictions of Trymedia Systems' management and others and
that actual developments, results and events may differ significantly.
This Site may be accessed from other countries around the world and
may contain references to Trymedia Systems products, services, and programs
that have not been announced in your country. These references do not
imply that Trymedia Systems intends to announce or offer such products,
services or programs in your country.
The Links on This Site
This Site contains links to other Web sites which may be of interest
to you. Trymedia Systems does not review or monitor any Web sites linked
to this Site and is not responsible for the content or activities of
any such linked Web sites. Trymedia Systems is providing these links
solely as a convenience to you. Your linking to such Web sites is at
your own risk.
Intellectual Property
Ownership and Use of Content
The materials, data, and other Content used and displayed on the Site,
as well as the design and layout of the Site, are the property of Trymedia
Systems or its licensors or its partners and are protected by copyright,
trademark and other laws. In addition to Trymedia Systems' and its licensors'
rights in individual elements of the Content with the Site, Trymedia
Systems owns a copyright in the selection, coordination, arrangement
and enhancement of such Content. The Content may be displayed and printed
solely for your personal, internal and non-commercial use. You may not
reproduce, modify, retransmit, distribute, disseminate, circulate, publish,
broadcast, perform or sell any such Content, whether in whole or in
part, without the prior written permission of Trymedia Systems or the
third party owner of such Content - except for downloadable games and
software which are subject to the terms and conditions outlined in their
individual End User License Agreements. Except for the foregoing express,
limited license, Trymedia Systems does not grant to you any right or
license in respect of the Site or the materials, data or other Content
used and displayed on the Site. You also may not remove any copyright
or other proprietary notices contained in any documents or other Content
provided on the Site.
System Integrity
You may not use any device, software or routine to interfere or attempt
to interfere with the proper working of the Site or any transaction
conducted on the Site. You may not take any action which imposes an
unreasonable or disporportionately large load on the Site or Trymedia
Systems' infrastructure. You agree that you will not use any robot,
spider or other automatic device or manual process to monitor, deep
link with or copy Trymedia Systems' Web pages or the Content contained
on the Site without Trymedia Systems' prior written consent. Trymedia
Systems reserves its right to waive this restriction in its sole discretion
and without prejudice on a case-by-case basis.
No Warranty
TRYMEDIA SYSTEMS PROVIDES THE SITE AND THE CONTENT CONTAINED ON THE
SITE "AS IS" AND "AS AVAILABLE" WITH NO GUARANTEES
OF ACCURACY, COMPLETENESS OR TIMELINESS, AND WITHOUT ANY WARRANTY, EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, TRYMEDIA SYSTEMS SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. TRYMEDIA SYSTEMS DOES NOT GUARANTEE CONTINUOUS,
UNINTERRUPTED OR ERROR-FREE ACCESS TO THE SITE.
Limitation of Liability
USE OF THE CONTENT PROVIDED ON THE SITE IS AT YOUR OWN RISK. TO THE
MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TRYMEDIA SYSTEMS AND
ITS LICENSORS SHALL IN NO EVENT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING THROUGH
NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE USE OF CONTENT
CONTAINED ON THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE
LAW, TRYMEDIA SYSTEMS' AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY
OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS
LIMITED TO $100.
Termination and Limitation of Access
Trymedia Systems reserves the right to terminate or limit your access
to the Site for any reason or for no reason.
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