Use of Web Site. This website is provided by Flimp Media Inc.
(Flimp Media, our, or Company) and may be used for informational purposes
only. By accessing and using the site or downloading materials from the
site, you accept, without limitation or qualification, this Terms of Use
Agreement. Flimp Media reserves the right, in its sole discretion, to
modify, alter or otherwise change these Terms of Use at any time. Please
check these Terms of Use periodically for changes. By using this website
after any changes to these Terms of Use are posted, you are indicating
your acceptance of those changes.
Dated Materials. Materials contained in this website or in links from
this website are dated as of the date originally issued or indicated on
the material and may no longer be accurate. For purposes of this website,
Materials include, but are not limited to, text, images, audio and/or
video, and software, including, but not limited to, any images or files
incorporated in or generated by the software or data accompanying such
software. Flimp Media assumes no obligation to update such materials.
Third Party Web Sites and Links. This website may contain links or
references to other websites maintained by third parties over whom Flimp
Media has no control. Similarly, this website may be accessed from third
party links over which Flimp Media has no control. Flimp Media makes no
warranties or representations of any kind as to the accuracy, currency,
or completeness of any information contained in such websites and shall
have no liability for any damages or injuries of any kind arising from
such content or information. Inclusion of any third party link does not
imply any endorsement or recommendation by Flimp Media.
Trademarks, Copyrights and Restrictions. This website and all of the
content it contains, or may in the future contain, including, but not
limited to, articles, opinions, other text, directories, guides, photographs,
illustrations, images, video and audio clips and advertising copy, as well
as the trademarks, logos, domain names, trade names, service marks and any
and all copyrightable material (including source and object code) and/or
any other form of intellectual property (collectively, Intellectual Property)
are owned by Flimp Media, its affiliates or other third parties, and are
protected from unauthorized use, copying and dissemination by copyright,
trademark, publicity and other laws and by international treaties. Nothing
contained in these Terms of Use or on the website should be construed as
granting, by implication, estoppel or otherwise, any license or right to
use any Intellectual Property in any manner without the prior written consent
of Flimp Media or such third party that may own the Intellectual Property
displayed on the website. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION,
REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR
DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE INTELLECTUAL PROPERTY IS
PROHIBITED. As a user of the website, you agree not to use the Intellectual
Property for any unlawful purposes and not to violate Flimp Media's rights or
the rights of others. Flimp Media reserves the right to object or otherwise
take action against any such use.
Privacy. Flimp Media respects the privacy of its website users. Please refer
to Flimp Media's Privacy Policy for an explanation of users' rights and
responsibilities with respect to information that is disclosed on this website.
Disclaimer. THE MATERIALS CONTAINED IN THIS WEBSITE MAY CONTAIN INACCURACIES
AND TYPOGRAPHICAL ERRORS. FLIMP MEDIA MAKES NO WARRANTIES OR REPRESENTATIONS,
EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY
ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED
THROUGH THE SITE. FLIMP MEDIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN THE MATERIALS ON ANY FLIMP MEDIA SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT ANY FLIMP MEDIA SITE OR THE SERVERS
THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL
COMPONENTS. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED
TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU.
Limitation of liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED
TO, NEGLIGENCE, SHALL FLIMP MEDIA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, ANY FLIMP MEDIA SITE OR MATERIALS OR FUNCTIONS ON ANY
SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL FLIMP MEDIA BE LIABLE FOR ANY DAMAGES TO,
OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR PROPERTY BECAUSE OF
YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR DOWNLOADING OF MATERIALS POSTED
ON OR LINKED FROM THE SITE.
Indemnification. You agree to indemnify, defend and hold harmless Flimp Media,
its officers, directors, employees, agents, suppliers, licensors and affiliates
from and against all losses, expenses, damages and costs, including reasonable
attorneys' fee, resulting from any violation by you of these Terms of Use. We
reserve the right to assume, at our sole expense, the exclusive defense and control
of any matter subject to indemnification by you, in which event you will fully
cooperate with us in asserting any available defenses.
Governing Law. This Terms of Use Agreement and your use of the website shall be
governed by the laws of the United States of America and the State of New York
without regard to its conflicts of laws principles. Any legal action or proceeding
related to this website shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in New York.
Miscellaneous. If any provision of this Agreement is held to be unlawful, void
or unenforceable, then such provision shall be severable without affecting the
enforceability of all remaining provisions. Flimp Media reserves the right to
alter or delete materials from this website at any time at its discretion.
These Terms of Use were last updated on April 1, 2007.
Call Us: 1.508.686.2802
