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Terms and Conditions
All contents copyright - iPodMediaPro.com © 2007.
All rights reserved.
Acceptance of Terms of Use
Please review the following terms and conditions carefully.
This agreement is a legally binding contract between
you ("You" or "Your") and iPodMediaPro.com
("iPodMediaPro.com," "We" or "Us")
regarding Your access to and use of the iPodMediaPro.com
web site (the "Site"). By accessing the Site,
You agree to the terms and conditions as outlined in
this legal notice. iPodMediaPro.com reserves the right
to change these terms and conditions from time to time
at its sole discretion, without prior notice, by posting
such revised terms and conditions on the Site. It is
Your obligation to routinely review these terms and
conditions and Your continued use of the Site following
any such change (whether or not You have reviewed such
change) constitutes Your agreement to follow and be
bound by the terms and conditions as changed.
Your Conduct
You agree not to: (a) upload, transmit, post, email
or otherwise make available to the Site, any content
or other material in any format that: (x) is false,
inaccurate, unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, invasive of
another's privacy, and/or otherwise objectionable; (y)
infringes any third party's intellectual property; or
(z) contains viruses, worms, Trojan horses, corrupted
files, or any other similar software or programs designed
to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications
equipment; (b) alter, remove, or falsify any attributions
or other proprietary designations of origin or source
of any other content appearing on the Site or contained
in a file that is uploaded to the Site; (c) impersonate
any person or entity, including, but not limited to,
an iPodMediaPro.com official or falsely state or otherwise
misrepresent Your affiliation with a person or entity;
or (d) attempt, through any means, to gain unauthorized
access to the Site. The use of any device, software
or routine that interferes or attempts to interfere
with the proper working of the Site is expressly prohibited.
Billing
You will be billed for a lump-sum that includes the
length of your payment terms.
Proprietary Rights Restrictions
All material on the Site including without limitation
all informational text, photographs, graphics, audio,
video, messages, files, documents, images or other materials
(collectively, the "Materials"), whether publicly
posted or privately transmitted, as well as all derivative
works, is owned by iPodMediaPro.com or other parties
that have licensed their material to iPodMediaPro.com
and is protected by copyright, trademark and/or other
intellectual property laws. iPodMediaPro.com disclaims
any proprietary interest in trademarks, service marks,
logos, slogans, domain names and trade names other than
its own. Trademarks, logos, images and service marks
displayed on the Site are the property of either iPodMediaPro.com
or other third parties. You agree not to display or
use such marks without written permission from iPodMediaPro.com
or the appropriate party.
The Materials on the Site may not be
copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, including by e-mail or other
electronic means. Use of the services offered by iPodMediaPro.com
requires an email address. You, as a Member are solely
responsible for using your own email address to gain
authorized access. You also agree not to disclose or
otherwise disseminate your user email address to gain
unauthorized access, except as may be specifically required
by law. Unauthorized access to the service is a breach
of this agreement and a violation of law. Any modification
of the Materials, use of the Materials on any web site
or networked computer environment, or use of the Materials
for any purpose other than personal, non-commercial
use is a violation of the copyright, trademark, and
other proprietary rights in the Materials and is expressly
prohibited. Nothing on this Site shall be construed
as conferring any license under any of the iPodMediaPro.com
or any third party's intellectual property rights, whether
by estoppels, implication or otherwise.
iPodMediaPro.com Services
iPodMediaPro.com makes no claim to ownership or other
control or rights to any software recommended by iPodMediaPro.com
or its agents. All software recommendations refer to
either "Freeware" or software that is otherwise
available without charge to individuals at large for
specific purposes. None of the charges assessed to members
of iPodMediaPro.com entitle You, as a Purchaser to any
ownership, licensing rights or recourse with regard
to use of the software other than those rights offered
by the software owners or licensees. The fees and charges
assessed by iPodMediaPro.com represent recurring monthly
club membership fees which entitle You as a Purchaser
to access to the location, evaluation, and or recommendation
of those software products available from the web site
and for the information provided to purchasers. iPodMediaPro.com
Members may cancel at anytime during the course of their
membership.
Links to Other Web Sites
This Site may produce automated search results or otherwise
link You to other sites on the Internet. If any link
is offered connecting You to a third party web site,
it is as an accommodation to You and to the respective
third party site owner and is provided without charge.
Sites linked to and from this Site are not necessarily
under the control of iPodMediaPro.com and We shall have
no responsibilities or liabilities whatsoever for the
content including, without limitation, the accuracy
or reliability of any information, data, opinions, advice
or statements set forth therein, or privacy practices
of any such linked site or any link or linking program
at any time. These sites may contain information or
material that some people may find inappropriate or
offensive. These other sites are not under the control
of iPodMediaPro.com, and You acknowledge that iPodMediaPro.com
is not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content
of such sites. The inclusion of such a link does not
imply endorsement of the site by iPodMediaPro.com or
any association with its operators. We do not necessarily
endorse companies (or related products or services)
to or from which the Site is linked. If You decide to
access any of the third party sites linked to this Site,
You do so entirely at Your own risk.
Disclaimer of Warranties
The Materials on this Site may contain inaccuracies
or typographical errors. We make no representations
about the accuracy, reliability, completeness or timeliness
of the Materials. The use of this Site and the Materials
is at your own risk.
iPodMediaPro.com DOES NOT WARRANT THAT
THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND
ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL
GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR
DATA, iPodMediaPro.com IS NOT RESPONSIBLE FOR THOSE
COSTS.
THE SITE, AND THE CONTENTS THEREIN,
ARE PROVIDED "AS IS" AND "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, QUIET ENJOYMENT, NON-INFRINGEMENT
AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE
FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THE SITE, CONTENT
ON THE SITE OR THE INTERNET. iPodMediaPro.com DOES NOT
EXERCISE CONTROL OVER ANY THIRD PARTIES THAT PROVIDE
CONTENT TO THE SITE AND THEREFORE PROVIDES NO REPRESENTATIONS
OR WARRANTIES REGARDING SAME. ADDITIONALLY, THE SITE
MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS
OR CIRCUMSTANCES BEYOND OUR CONTROL.
Limitation of Liability
iPodMediaPro.com AND ITS DIRECTORS, OFFICERS AND EMPLOYEES
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION
OR THE LIKE) ARISING OUT OF (A) THE USE OF THE SITE,
(B) THE CONTENT ON THE SITE, (C) WEB SITES LINKED TO
THIS SITE AND THE CONTENT, GOODS AND/OR SERVICES PROVIDED
THEREIN (D) ANY DECISION MADE OR ACTION TAKEN BY YOU
IN RELIANCE UPON THE INFORMATION WITHIN, OR CONTENT
OF, THE SITE, AND/OR (E) THE INABILITY TO USE THE SITE
AND CONTENT CONTAINED THEREIN (INCLUDING, BUT NOT NECESSARILY
LIMITED TO, LOSS OF PROFITS, GOODWILL OR SAVINGS, DOWNTIME,
DAMAGE TO OR REPLACEMENT OF PROGRAMS AND DATA), WHETHER
BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE (BUT EXCLUDING CLAIMS ARISING
OUT OF PERSONAL INJURY OR DEATH) EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. iPodMediaPro.com CANNOT
AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR
SECURE ACCESS TO THE SITE. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF iPodMediaPro.com's SITES/SERVICE/SOFTWARE,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE iPodMediaPro.com
SITES/SERVICE/SOFTWARE.
THE PROVISIONS OF THIS PARAGRAPH WILL
SURVIVE ANY TERMINATION OF THIS AGREEMENT. SOME STATES
DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING
LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, hold harmless and release iPodMediaPro.com,
its directors, officers, and employees, from and against
any and all claims, damages, costs and expenses, including
reasonable attorney's fees, arising from or related
to Your use of the Site and/or any content contained
therein.
Changes to the Service
We reserve the right to modify, suspend or discontinue
all or any portion of the Site at any time, with or
without notice. Unless stated otherwise, any new features
to the current Site shall be subject to these Terms
of Use. Parts of this Site are currently accessible
to users without charge, however We reserve the right
to charge users for access to or use of any portion
of the Site in the future. These Terms of Use may be
modified by iPodMediaPro.com at any time with or without
prior notice. Any such changes will be posted on the
Site. Your continued use of the Site shall be deemed
acceptance of any modifications.
Failure to Abide by these Terms
Internet Download Store may in its sole discretion terminate
or suspend Your access and use of this Site immediately
without notice to You if You breach these Terms of Use
or if We are unable to verify or authenticate any information
that You provide to Us. You agree that iPodMediaPro.com
shall not be liable to You or any third party for any
termination of Your access to any Materials and/or the
Site.
Miscellaneous
This Terms of Use constitutes the entire agreement between
You and iPodMediaPro.com with respect to the Site. If
any provision of this Terms of Use is found to be invalid
or unenforceable by a court of competent jurisdiction,
such provision shall be severed from the remainder of
the Terms, which shall remain in full force and effect.
No waiver by either party of any breach or default hereunder
shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein
are for convenience only.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
TERMS OF USE, UNDERSTAND IT, AND AGREE TO BE BOUND BY
IT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN YOU AND iPodMediaPro.com
WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL
OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU
AND iPodMediaPro.com RELATING TO YOUR USE OF THE SITE.
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