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Terms of Use search.BIPmedia.com Terms & Conditions Last updated: January 13, 2009 Welcome to Search.BIPmedia.com, a service of BIPmedia.com ("BIPmedia"). The following terms and conditions (the "Agreement") form a binding agreement between You and BIPmedia. Please review the following terms carefully. By using search.BIPmedia.com, You are agreeing to these terms, and these terms will govern Your use of search.BIPmedia.com. If You do not agree to these terms, You must cease use of this Web site. The term "BIPmedia" or "us" or "we" or "our" refers to BIPmedia, the owner of Search.BIPmedia.com. The term "You" refers to the user or viewer of search.BIPmedia.com. 1. Service Overview Search.BIPmedia.com provides an online service for uploading, managing, and sharing personal media, in particular photos, video clips and music. Collectively this website and related services will be referred to here as "search.BIPmedia.com" We may change or discontinue search.BIPmedia.com or any of the services that it offers at any time without prior notice. BIPmedia reserves the right to terminate this Agreement at its election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that You violate any of the terms and conditions set forth below. 2. Privacy We respect our users privacy, and we abide by the terms of our Privacy Policy regarding our collection and use of users personal information. The Privacy Policy is also part of this Agreement. Please note that the Privacy Policy may be changed from time to time. For full details, please refer to our Privacy Policy. We recommend that You read it periodically. 3. Access to Service; Limited Use We will provide You access to the services of the search.BIPmedia.com Web site, and Your use shall at all times be bound by the terms and conditions of this Agreement. You agree that Your use of search.BIPmedia.com shall be limited to internal, personal, non-commercial purposes. You further agree that any particular information that You print from search.BIPmedia.com may be used solely for internal, personal, non-commercial purposes and that You will maintain all copyright and other proprietary notices contained therein. 4. Registration Certain sections of, or offerings from, search.BIPmedia.com may require You to register. If registration is requested, and You choose to register and provide information to search.BIPmedia.com, You agree to provide search.BIPmedia.com only with accurate, complete registration information. Your registration must be done using Your real name and accurate information. Except as stated in the following paragraph, each registration is for Your personal use only and not on behalf of any other person or entity, and access to the features and functions of the search.BIPmedia.com Web site is not authorized by (a) any other person using the registered sections under Your name; or (b) access by multiple users through a single name being made available on a network. You are responsible for preventing such unauthorized use. search.BIPmedia.com is not marketed or intended for use by persons under thirteen (13) years old. By registering to use the search.BIPmedia.com site, You certify under penalty of law that You are at least thirteen (13) years old. Your use of search.BIPmedia.com will be terminated without warning if we believe You are under the age of thirteen (13). 5.User Content Users may, from time to time, upload content ("Submissions") to the search.BIPmedia.com Web site pursuant to the terms and conditions of this Agreement. You take sole and complete responsibility for Your Submissions. Submissions include any form of content that You may submit to search.BIPmedia.com. Examples include, but are not limited to, photos, searchs, comments, feedback, and communications through the internal search.BIPmedia.com messaging system. You will not upload, submit or otherwise transmit any Submissions that (i) are copyrighted material regarding which You do not have appropriate and sufficient permission permitting upload to search.BIPmedia.com, (ii) in any way infringes on the rights of third parties, (iii) is in any way pornographic, libelous, profane, abusive, harassing, obscene, racist, hateful or invades the privacy rights of another, (iv) that may cause a civil dispute, (v) are advertisements or solicitation of business. You represent and warrant that You have the permission of those that appear in Your Submissions and that You have obtained the necessary permissions to show any trademarks that may appear in Your Submissions. YOU ARE RESPONSIBLE FOR MAINTAINING BACKUP COPIES OF ALL DATA YOU POST TO SEARCH.BIPMEDIA.COM. SEARCH.BIPMEDIA.COM IS NOT RESPONSIBLE FOR MAINTAINING BACKUP COPIES, AND, IN THE EVENT OF THE DISCONTINUATION OF SEARCH.BIPMEDIA.COM, YOU SHALL NO LONGER HAVE ACCESS TO ANY DATA STORED ON SEARCH.BIPMEDIA.COM AND YOU HEREBY RELEASE SEARCH.BIPMEDIA.COM, SEARCH.BIPMEDIA.COM AND INCANDO CORPORATION FROM ANY LIABILITY RESULTING FROM YOUR INABILITY TO RETRIEVE YOUR DATA AT ANY TIME. Though we strive to enforce our content policies, You may be exposed to content that violates our policies or is otherwise offensive through the use of search.BIPmedia.com. You use search.BIPmedia.com at Your own risk. We may, but are not obligated to, terminate user accounts and/or remove content from search.BIPmedia.com if we determine or suspect that those accounts or content violate the terms of this Agreement. We take no responsibility for Your exposure to content on search.BIPmedia.com whether it violates our content policies or not. You understand that the information and opinions in content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. You retain all ownership rights of Submissions. By uploading Your Submissions to search.BIPmedia.com, You are granting us a non-exclusive, perpetual, royalty-free, irrevocable, transferable, and sub-licensable license to use, copy, distribute, display, and make derivative works of Your Submissions through any media channel in any media format. 6. User Conduct It is our goal to make search.BIPmedia.com clean and fun. You will not do any of the following while using search.BIPmedia.com: * Conduct or promote any illegal activities while using search.BIPmedia.com; * Upload Submissions, distribute or print anything that may be harmful to minors; * Attempt to reverse engineer or jeopardize the correct functioning of search.BIPmedia.com; * Attempt to gain access to secured portions of search.BIPmedia.com to which You do not possess access rights; * Upload, submit, or transmit any form of virus, worm, Trojan horse, or malicious code; * Use search.BIPmedia.com to generate unsolicited email advertisements or spam; * Use any automatic or manual process to harvest information from search.BIPmedia.com; or * Impersonate another user. You are responsible for any and all activity that happens under Your password, and You are responsible for preventing the dissemination of Your password. You will promptly notify search.BIPmedia.com at support@BIPmedia.com if You believe the security of Your account has been compromised. 7. Linking To search.BIPmedia.com You may provide links to search.BIPmedia.com, provided (a) that You do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other proprietary notices on search.BIPmedia.com; (b) Your site does not engage in illegal or pornographic activities; and (c) You discontinue providing links to search.BIPmedia.com immediately upon request by us. search.BIPmedia.com provides the ability to post photos and searchs hosted on search.BIPmedia.com on other Web sites. You may post photos and searchs hosted on search.BIPmedia.com on other websites as long as You create a link back to search.BIPmedia.com for every photo or search that You post on another site and the site You are linking from meets the requirements under the preceding clauses "b" and "c." 8. Trademarks "search.BIPmedia.com" and "BIPmedia.com", are our trademarks or registered trademarks. Other product and company names mentioned on search.BIPmedia.com may be trademarks of their respective owners. 9. Copyright The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to search.BIPmedia.com are protected under applicable copyrights, trademarks and other proprietary rights (including, but not limited to, intellectual property rights). The copying, redistribution, publication or use other than as explicitly permitted per the terms of this Agreement by You of any such matters or any part of search.BIPmedia.com is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through search.BIPmedia.com. Some of the content on the site is the copyrighted work of third parties. We respect the intellectual property of others, and we ask You to do the same. 10. Reporting Copyright Violations If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that You claim has been infringed; 3. A description of where the material that You claim is infringing is located on search.BIPmedia.com; 4. Your address, telephone number, and email address; 5. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for notice of claims of copyright infringement on search.BIPmedia.com can be reached by directing an e-mail to the Copyright Agent at copyright@BIPmedia.com 11. Warranty Disclaimer YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, AND USE OF, THE FEATURES AND FUNCTIONS MADE AVAILABLE TO YOU ON SEARCH.BIPMEDIA.COM ARE AT YOUR OWN RISK. THE SOFTWARE, INFORMATION, CONTENT, AND SERVICES ACCESSED FROM OR THROUGH SEARCH.BIPMEDIA.COM ARE PROVIDED "AS-IS," "AS AVAILABLE," AND WITH "ALL FAULTS." TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). THE SOFTWARE, INFORMATION, CONTENT, AND SERVICES, MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT PROBLEMS WILL BE CORRECTED, OR THAT SEARCH.BIPMEDIA.COM IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH SEARCH.BIPMEDIA.COM OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. WE AND OUR AFFILIATED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF YOUR DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF YOUR DATA AND/OR SUBMISSIONS TO SEARCH.BIPMEDIA.COM. 12. Third Party Services We may allow access to, or advertise, certain third parties from which You may purchase certain goods or services ("Merchants"). You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between You and Merchants. Merchants and other advertisers are also responsible for ensuring that advertisements and other materials submitted for inclusion on search.BIPmedia.com are accurate and comply with applicable laws. WE ARE NOT RESPONSIBLE FOR THE ILLEGALITY OF, OR ANY ERROR, INACCURACY OR PROBLEM IN, ANY MERCHANT'S OR ADVERTISER'S MATERIALS. YOU AGREE THAT USE OF OR PURCHASE FROM SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE, OR FOR ANY OTHER SITE OR SOFTWARE PRODUCT MAY CONTAIN VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. 13. Linking From search.BIPmedia.com To Other Web sites search.BIPmedia.com contains links to other Web sites. WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED IN SUCH WEB SITES, AND SUCH WEB SITES ARE NOT INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY US. INCLUSION OF ANY LINKED WEB SITE ON SEARCH.BIPMEDIA.COM DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEB SITE BY US. IF YOU DECIDE TO LEAVE SEARCH.BIPMEDIA.COM AND ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. 14. Limitation of Liability WE AND OUR PARTNERS, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, SUCCESSORS, ASSIGNS, ADVERTISERS, PRODUCT AND SERVICE PROVIDERS, AND AFFILIATES (COLLECTIVELY, "AFFILIATED PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM SEARCH.BIPMEDIA.COM OR ANY SERVICES OR PRODUCTS OBTAINABLE THEREFROM, (B) THE UNAVAILABILITY OR INTERRUPTION OF SEARCH.BIPMEDIA.COM OR ANY FEATURES THEREOF, (C) YOUR USE OF SEARCH.BIPMEDIA.COM, (D) THE CONTENT CONTAINED ON SEARCH.BIPMEDIA.COM, (E) ANY DAMAGES CAUSED BY VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL CODE, (F) UNAUTHORIZED ACCESS TO SEARCH.BIPMEDIA.COM, AND/OR PERSONAL OR FINANCIAL DATA THAT MAY RESIDE ON OUR SERVER EQUIPMENT, AND/OR (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON SEARCH.BIPMEDIA.COM, EVEN IF INCANDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS VARY IN THE EXTENT THAT LIABILITY CAN BE LIMITED. THE ABOVE LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED IN THE APPLICABLE JURISDICTION. YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT IS TO DISCONTINUE USING SEARCH.BIPMEDIA.COM. HOWEVER, IN THE EVENT THE AFOREMENTIONED LIMITATION OF OUR LIABILITY IS NOT ENFORCEABLE, IN NO CASE WILL THE TOTAL LIABILITY OF INCANDO TO YOU EXCEED THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO ACCESS SEARCH.BIPMEDIA.COM OVER THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT OR ACTION GIVING RISE TO SUCH CLAIM, AND (II) FIFTY DOLLARS (U.S. $50.00). ANY CAUSE OF ACTION BY YOU WITH RESPECT TO SEARCH.BIPMEDIA.COM (AND/OR ANY INFORMATION, PRODUCTS OR SERVICES RELATED THERETO) MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SEARCH.BIPMEDIA.COM AND THE SOFTWARE, PRODUCTS, SERVICES, AND CONTENT PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. 15. Indemnification YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR AFFILIATED PARTIES HARMLESS FROM ANY LIABILITY, LOSS, CLAIM, DEBT AND EXPENSE, INCLUDING REASONABLE ATTORNEY'S FEES, RELATED TO YOUR (I) USE OF SEARCH.BIPMEDIA.COM, OR THE USE OF SEARCH.BIPMEDIA.COM BY ANYONE TO WHOM YOU MAY HAVE GIVEN ACCESS, (II) ANY VIOLATION OF THIS AGREEMENT, OR (III) ANY CLAIM THAT ARISES FROM ACTIVITY RELATED TO YOUR ACCOUNT. THIS INDEMNIFICATION SURVIVES THE TERMINATION OF THIS AGREEMENT. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO TAKE OVER A DEFENSE THAT WOULD OTHERWISE BE YOUR OBLIGATION. IN SUCH AN INSTANCE, YOU AGREE TO COOPERATE WITH INCANDO IN THE DEFENSE OF THE CLAIM. 16. Payments To purchase any products or services from search.BIPmedia.com, You will be required to give us a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by us) and associated payment information at the time You order any products hereunder, including all of the following: (i) Your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of Your credit card, and (iv) any activation numbers or codes needed to charge Your card. search.BIPmedia.com currently does not accept cash, checks or any other payment form, although in the future we may change this policy. By providing search.BIPmedia.com with Your credit card number and associated payment information, You agree that search.BIPmedia.com is authorized to immediately invoice Your account for all fees and charges due and payable to search.BIPmedia.com as a result of Your purchase of any products or services. You agree to immediately notify search.BIPmedia.com of any change in Your invoicing address or the credit card used for payment hereunder. You agree to pay all fees and charges incurred in connection with Your orders and purchases (including any taxes imposed on Your orders and purchases, including, but not limited to, sales, use or value-added taxes) in accordance with the applicable terms when the charges were incurred. search.BIPmedia.com reserves the right, at any time, to change its prices and billing methods and policies for products and services sold, immediately upon posting on the Website, or by email delivery to You. search.BIPmedia.com charges for its pay-to-use subscription services on an annual basis. WE DO NOT PROVIDE REFUNDS FOR ANY SUBSCRIPTION FEES PREVIOUSLY CHARGED PRIOR TO THE DATE THAT YOU TERMINATE YOUR PAID SUBSCRIPTION. Unless You terminate Your paid subscription prior to 11:59 PM U.S Eastern Time on the day that Your subscription period ends, Your subscription will renew automatically, and the credit card with which You paid for Your account will be charged for an additional one year term. Should You upgrade Your account, You will be charged the difference between the upgrade price and the prorated price of the remainder of Your current subscription. If we are unable to process a recurring payment due to changes in Your credit card information and You have not provided us with updated credit card information in a timely manner, Your account will be either downgraded to the free-to-use level of service at the end of the respective subscription period. If at that time such downgrade, the current account limits for the free-to-use level of service are incompatible with amount of bandwidth or storage consumed by Your account, Your account will be terminated rather than downgraded. 17. Legal Compliance You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of search.BIPmedia.com. In addition, You agree to comply with all applicable laws, rules, codes and regulations regarding the export of data from the United States. 18. Changes to this Agreement We may change the terms of this Agreement from time to time on a going-forward basis and any such modifications become effective immediately upon being posted to search.BIPmedia.com. It is Your sole responsibility to check this search.BIPmedia.com from time to time to view any such changes in the Agreement. If You do not agree to any changes, if and when such changes may be made to the Agreement, You must cease use of the search.BIPmedia.com Web site. Your use of search.BIPmedia.com after any modifications to the Agreement indicates that You agree to such modified Agreement. 19. General Terms This Agreement shall be governed by the laws of New York. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement constitutes the entire and only agreement between us and You, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to search.BIPmedia.com, the content, products or services provided by or through search.BIPmedia.com, and the subject matter of this Agreement. This Agreement and all incorporated agreements and Your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with search.BIPmedia.com is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement. All rights not expressly granted herein are reserved. 20. Reporting Violations You can report violations of the terms outlined in this Agreement to reports@BIPmedia.com.
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