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Acceptance
of Terms Through Use
By using Wonderdisc, LLC's ("Wonderdisc") web site
(the "Site"), you agree to be bound by all terms,
conditions and notices contained or referenced herein (the "Terms
of Use"). We may change the Terms of Use at any time by
posting revisions to the Site, and your continued use of the
Site indicates your agreement to the revised terms. If you do
not agree to this or any revised Terms of Use, please exit the
site immediately.
Links to Third Party Sites
Wonderdisc's site contains links to sites operated by third
parties. The linked sites are not under our control, and we
are not responsible for the contents of any linked site or subsequent
links from that site. Please review the linked site's use agreements,
and if you do not agree to be bound by the terms governing that
site, we recommend that you terminate your visit to that site.
Intellectual Property
You acknowledge that all content and materials available on
this site are protected by national and international copyrights,
trademarks and/or other proprietary rights and laws and are
owned by Wonderdisc or our licensors. Wonderdisc, or our licensors
or associates, retain exclusive ownership of all data, material
and other information regarding your use of the Site. Except
as we may expressly authorize, you agree not to sell, license,
rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit or create derivative
works from the content or materials on the Site. Unless otherwise
indicated, all logos, names, package designs and marks on the
Site are trademarks or service marks owned by Wonderdisc or
used under license.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, PRODUCTS
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE
"CONTENT") ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE
INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE
LAW. WONDERDISC, NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY
WARRANTY THAT THE CONTENT OF THE SITE IS ACCURATE, RELIABLE
OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR
TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED;
OR THAT THE CONTENT IS FREE OF VIRUSES.
Limitation
of Liability
UNDER NO CIRCUMSTANCES SHALL WONDERDISC, OUR SUBSIDIARIES OR
OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM
THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION
PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED
BY LAW.
Indemnification
You agree to defend, indemnify, and hold Wonderdisc and our
affiliated companies, and their employees, contractors, officers
and directors harmless from all liabilities, claims and expenses,
including attorney's fees, that arise from your use or misuse
of the Site or the Content therein. We reserve the right, at
our own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in
which event you will cooperate with us in asserting any available
defenses.
International Use
By accessing the Site from any location other than the United
States, you accept full responsibility for compliance with all
local laws. Wonderdisc makes no representation that materials
on the Site are appropriate or available for use in locations
outside the United States, and accessing them from territories
where their contents are illegal is prohibited.
Choice
of Law
This Agreement shall be governed and enforced solely in accordance
with the laws of the State of Indiana, U.S.A., without regard
to conflicts of law provisions. You expressly agree that the
exclusive jurisdiction for any claim or action arising out of
or relating to these Terms of Use or your use of the Site shall
be filed only in the state or federal courts located in the
State of Indiana, and you further agree and submit to the exercise
of personal jurisdiction of such courts for the purpose of litigating
any such claim or action.
Integration and Severability
This Terms of Use constitutes the entire agreement between Wonderdisc
and you with respect to the Site and supersedes all prior communications
and proposals between us with respect to the Site. If any provision
of this Terms of Use agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force
and effect.
Unauthorized Use and Termination
You agree to use the Site only for authorized and legal activities.
Wonderdisc reserves the right, in its sole discretion, to terminate
your access to all or part of the Site, with or without notice
and for any reason whatsoever. |
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