1. General
1.1 These terms and conditions govern your use of the Multimedia
Sales & Marketing ("MSM") web site. Additional terms
and conditions applicable to specific areas of the web site also
may be posted in such areas and, together with these terms and
conditions, are referred to as the "Terms & Conditions."
1.2 The Terms & Conditions apply to all visitors or users
of the MSM web site. By visiting this web site, you acknowledge
acceptance of the Terms & Conditions. The Terms & Conditions
apply to all visits, including all future visits, to the MSM web
site.
1.3 MSM reserves the right to change or modify all or part of
the Terms & Conditions at any time at its sole discretion
effective immediately upon notice published on this web site.
If the Terms & Conditions are no longer acceptable to you,
you should immediately end all use of this web site.
1.4 In the case of any violation of the Terms & Conditions,
MSM reserves the right to seek all remedies available, both by
law and in equity, for such violations.
2. Permitted Use of Content
2.1 You acknowledge that this web site contains information,
photographs, graphics, marks, text and other material (the "Content")
that are protected by copyright, trademark or other proprietary
rights of MSM. All Content on this web site is copyrighted as
a collective work of MSM pursuant to applicable copyright law.
You agree to comply with any additional copyright notices, information,
or restrictions contained in any Content available on or accessed
through this web site.
2.2 Except as set forth below, you may not modify, publish, transfer
or sell, reproduce, create derivative works from, distribute,
or in any other way exploit any of the Content. MSM hereby authorizes
you to copy and reproduce Content published on this web site within
your organization in support of MSM's products and services. No
other use of the Content is authorized. In consideration of this
limited authorization, you agree that any Content copied by you
shall retain all copyright and other proprietary notices in the
same form and manner as published on the web site. Except as authorized
above, nothing contained in the Terms & Conditions confers,
by implication or otherwise, any license or right to any patent,
trademark, copyright or other intellectual property of MSM or
any third party.
3. Trademarks
3.1 All trade names, trademarks, logos and service marks (the
"Marks") displayed on this web site (excluding those
of distributors and representatives) are the property of MSM in
the United States and other countries. You are not permitted to
use these Marks without the prior written consent of MSM.
3.2 The Marks may not be used in connection with any product
that is not a MSM sproduct, in any manner that is likely to cause
confusion among customers, or in any manner that disparages MSM.
All other trade names, trademarks, logos and service marks not
owned by MSM that appear on this web site are the property of
their respective owners, who may or may not be affiliated with,
connected to, or sponsored by MSM.
4. No Endorsement
4.1 MSM does not endorse the accuracy or reliability or any content
on this web site. Mention of non-MSM products or services, is
for information purposes only and constitutes neither an endorsement
nor a recommendation.
4.2 This web site may contain links to sites on the Internet
which are owned and operated by third parties. These sites operate
independently of MSM and have established their own privacy and
security policies. We encourage you to review these policies when
you visit them. You acknowledge that MSM is not responsible for
the content of any of those sites.
5. Indemnity
You agree to indemnify, defend and hold MSM and all of its agents,
directors, employees, information providers, licensors and licensees,
officers and parents (collectively, "Indemnified Parties")
harmless from and against any and all claims, liability, losses,
costs and expenses (including attorneys' fees) incurred by the
Indemnified Parties in connection with any claim arising out of
any breach by you of these Terms & Conditions of use or the
foregoing representations, warranties and covenants. You will
cooperate as fully as reasonable required in MSM defense of any
claim. MSM reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject
to indemnification by you and you shall not in any event settle
any matter without the written consent of MSM.
6. Disclaimer of Warranties and Limitation of
Liability
THIS WEB SITE (INCLUDING ALL CONTENT) IS PROVIDED "AS IS."
MSM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, FOR THE ACCURACY, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY CONTENT PUBLISHED
ON OR MADE AVAILABLE THROUGH THIS WEB SITE. FURTHER, MSMS DOES
NOT WARRANT THAT THIS WEB SITE, ITS SERVERS, OR E--MAIL SENT FROM
MSM ARE FREE OF VIRUSES OR OTHER COMPONENTS HARMFUL TO YOUR COMPUTER
EQUIPMENT AND ASSOCIATED PERIPHERAL EQUIPMENT WHEN YOU DOWNLOAD,
ACCESS, BROWSE OR OTHERWISE USE THE WEB SITE. UNDER NO CIRCUMSTANCES,
INCLUDING BUT NOT LIMITED TO MSMS' NEGLIGENCE, SHALL MSMS BE LIABLE
FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE
OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY
TO USE OR (C) ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS
OF THIS SITE, EVEN IF MSM OR AN AUTHORIZED REPRESENTATIVE THEREOF
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
7. Applicable Law
By visiting this web site, you agree that the laws of the State
of Illinois, without regard to principles of conflict of laws,
will govern this Agreement and any dispute of any sort that might
arise between you and MSM or its affiliates.
8. Copyright Notice
Copyright © 2004 MSM - Multimedia Sales & Marketing.
All Rights Reserved.
