//00Terms & Conditions
 

We at Intertainer, Inc. ("Intertainer") are dedicated to providing you with the greatest entertainment experience possible. To provide you with such an experience, we operate our website (the "Site") to tell you about our company and products and when the Intertainer Service will be available in your area. This Site is provided for your personal, non-commercial use. By visiting, browsing, linking to, or otherwise using the Site in any way, you are agreeing to be bound by all of the terms and conditions herein and to comply with all applicable laws and regulations. These terms and conditions also govern Intertainer's Privacy Policy, which is incorporated herein by reference. Intertainer has the right to revise these terms and conditions at any time, without prior notice. Your use of the Site after any modifications to these terms and conditions shall indicate your acceptance of any such changes. Your obligations under these terms and conditions shall continue for as long as you access or use the Site or maintain any information from the Site. You may terminate your obligations at any time by discontinuing your use of the Site and by destroying all information obtained from it.

DISCLAIMER OF WARRANTIES

ALL CONTENT ON THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INTERTAINER DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO SUCH CONTENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH INTERTAINER WISHES THE CONTENT OF THE SITE TO BE ACCURATE, COMPLETE, AND CURRENT, INTERTAINER DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT AT THE SITE (INCLUDING ANY SOFTWARE) IS ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE SITE AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL INTERTAINER BE LIABLE TO ANY PERSON OR BUSINESS ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES BASED ON OR CAUSED BY ANY USE OF THE SITE OR ANY OTHER THIRD PARTY SITE TO WHICH THIS SITE IS LINKED, THE CONTENT OF SUCH THIRD PARTY SITES, OR ANY VIRUSES OR OTHER HARMFUL COMPONENTS DERIVED FROM ANY SUCH THIRD PARTY SITES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR USE, BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION, EVEN IF INTERTAINER HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN LIABILITIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

LINKS TO THIRD PARTY SITES

Any links to other websites or Internet locations from the Site have been provided for your convenience only. Intertainer does not endorse, sponsor, or approve any of the content of such websites or locations. Intertainer has no control over any of the websites or other Internet locations that you may access through the Site, and is not responsible for the content or accuracy of the content of any such websites or locations. If you access any other website or Internet locations through the Site, you do so at your own risk.

OWNERSHIP

Intertainer owns or has the right to use any and all of the data, information, text, images, photos, videos, trailers, sounds, icons, and other content contained on the Site (including software and transmissions to the Site), and the copyrights, trademarks, service marks and other intellectual property rights therein, unless otherwise noted. You may not copy the content of the Site, store any of the content on your hard drive or any other storage device, distribute or transmit any of the content to any other person or company, frame or otherwise display any of the content of the Site on your own or any other Site, or make any other use of it, without the prior written consent of Intertainer. Such copying, distribution or transmission, display, or other use would breach these terms and conditions and infringe Intertainer's copyrights, copyrights licensed to Intertainer, and/or other intellectual property rights owned by or licensed to Intertainer. With respect to all content streamed from the Site, you agree not to copy, sell, license, modify, redistribute, transmit, publicly display, publicly perform, publish, edit, or create derivative works from such content. Intertainer has no right or authority to authorize you to use, download, print, copy, modify, display, distribute, or transmit any content of any other website that you access from the Site.

PATENTS

One or more patents or patents pending apply to this Site and to the features and services accessible via Intertainer, including without limitation U.S. Patents No. 6,925,469, 6,448,987, 6,189,008, 6,490,587

TRADEMARKS

"Intertainer" is the registered trademark of Intertainer, Inc. Other Intertainer product or service names or logos referenced in the Site are either trademarks or registered trademarks of Intertainer, Inc., including without limitation "Control Yourself," "Broadband Entertainment Network," and "Click Thru Video." The absence of a product or service name or logo from this section does not constitute a waiver of Intertainer's trademark or other intellectual property rights concerning that name or logo. All other products or company names mentioned in the Site may be trademarks of their respective owners.

REPRESENTATIONS AND WARRANTIES

Except as otherwise set forth in Intertainer's Privacy Policy, if you submit any information of any kind to the Site, you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that Intertainer may copy, distribute, modify, display, disclose, or otherwise use such information (and any ideas embodied therein), and may manufacture, use, and sell products, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to Intertainer and without acknowledgment of authorship or source.

INDEMNIFICATION

You agree to indemnify, defend, and hold Intertainer and all of its employees, directors, officers, shareholders, agents, licensors, licensees, successors and assigns ("Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorney's fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms and conditions. You agree to cooperate as fully as reasonably required in Intertainer's defense of any claim. Intertainer 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 prior written consent of Intertainer.

GOVERNING LAWS AND SEVERABILITY

These terms and conditions shall be governed by the laws of the State of California and applicable federal laws, without giving effect to conflict of laws principles. If any portion of these terms and conditions is unlawful, invalid, or unenforceable, then such portion of these terms and conditions shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of these terms and conditions.

 
     
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