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Terms of Service: Digimuse Services LLC

On-line Services

Digimuse Services LLC agrees to provide Client non-exclusive electronic access to the Digimuse Services online services (the service) via a digital information processing, transmission and storage system ("Server") maintained by Digimuse Services, or its subcontractors. Digimuse Services LLC shall make the products available on and via the Internet on an "as is" and "as available" basis.

Intellectual Rights
Digimuse Services retains all right, title and interest in and to the service, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. Digimuse Services LLC reserves all rights not expressly granted. This agreement does not grant or imply any rights to any Digimuse Services LLC copyrights, trademarks, trade names, or logo.

Disclaimer of Warranty and Liability
DIGIMUSE SERVICES LLC SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIGIMUSE SERVICES LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF DIGIMUSE SERVICES LLC SERVICES IS AT YOUR SOLE RISK. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, DIGIMUSE SERVICES LLC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. DIGIMUSE SERVICES LLC DOES NOT WARRANT THAT THEY WILL BE ACCESSIBLE ON A PERMANENT BASIS OR WITHOUT INTERRUPTION OR THAT THE DATA YOU STORE WILL NOT BE LOST OR DAMAGED.
DIGIMUSE SERVICES LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF, OR INABILITY TO USE, DIGIMUSE SERVICES LLC SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST DATA, BUSINESS OR ANTICIPATED PROFITS. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification
You agree to indemnify, and hold harmless Digimuse Services LLC and its affiliates, and each of their respective employees, directors and representatives, from and against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including reasonable fees of attorneys and other professionals), arising out of or in connection with any claim, action or proceeding which in any way arise out of or are related to your use of Digimuse Services LLC services or its content.

Binding Arbitration
Any dispute relating to this agreement will be submitted to confidential arbitration in Austin, Texas, except that in any case, we may seek injunctive or other appropriate relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Digimuse Services LLC's or any third party's intellectual property and/or proprietary rights. Arbitration under this Agreement will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

General
This agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the services shall be of no effect. This agreement shall be governed by the internal laws of the State of Texas, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Travis County, Texas or the federal courts in the Western District of Texas to resolve any disputes arising under this agreement.
If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this agreement will remain in full force and effect.

 




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