The following are terms of a legal agreement ("Agreement") between you and Mediaplicity, Inc., its registered business units and authorized corporate partners (collectively known as "Mediaplicity, Inc."). By accessing, browsing and using this web site ("Site") you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Read this Agreement carefully and be aware that Mediaplicity, Inc. may amend this Agreement at any time without notice by posting the amended terms on this Site. Any and all amendments shall become effective immediately upon posting.

HYPER-LINKING AND THIRD PARTY WEB SITES

This Site may contain links to third party web sites. Mediaplicity, Inc. makes no representations whatsoever about any other web site which you may access through this Site. When you access a third party web site, understand that it is independent from Mediaplicity, Inc. and that Mediaplicity, Inc. has no control over the content on that web site even if Mediaplicity, Inc. provides information or services to the owner of that web site. In addition, a link to a third party web site does not mean that Mediaplicity, Inc. endorses the content of such web site or accepts responsibility for your use of such web site. It is up to you to take precautions to ensure that the content you select for use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. Mediaplicity, Inc. encourages you to read carefully all third party terms of use and privacy policies.

COPYRIGHTS AND USE OF SITE CONTENT

The copyright in all materials provided on this Site is owned by Mediaplicity, Inc. or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Mediaplicity, Inc. or the copyright owner. Permission is granted, however, to display, copy, distribute and download the materials on this Site on a single computer for your personal or internal business use only provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates immediately if you breach this Agreement. You may not "mirror" any material contained on this Site without Mediaplicity, Inc.’s prior written consent. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including, but not limited to, text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Mediaplicity, Inc. or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are automatically reserved by Mediaplicity, Inc..

PUBLIC NOTIFICATION OF TRADEMARKS, TRADE NAMES & SERVICE MARKS IN SUBSTANTIALLY EXCLUSIVE AND CONTINUOUS COMMERCIAL USE BY MEDIAPLICITY, INCORPORATED, ITS REGISTERED BUSINESS UNITS AND AUTHORIZED CORPORATE PARTNERS

Mediaplicity, Inc., claims the following Trademarks, Trade Names and/or Service Marks which are in substantially exclusive and continuous commercial use since November 2000. Said Trademarks, Trade Names and/or Service Marks describe Mediaplicity's suite of services by name, style, nomenclature, operation, packaging, dress, strategic and marketing intent provided to the general and specific public, within the United States and abroad:

Mediaplicity, Mediaplicity DE, Mediaplicity Operations Center, Mediaplicity Client Service Center, Mediaplicity Corporate Offices, REDGLOBEWorldwide, REDGLOBEAutomated, REDGLOBENetwork, REDGLOBEVoIP, REDGLOBEWireless, REDGLOBEDish, REDGLOBEProcessing, REDGLOBEDesigns, REDGLOBEPlatformance, REDGLOBEPayDay, REDGLOBECarrierCentral, REDGLOBEBillPay, Platformance Systems, FocalSTORM, Taxplicity, Taxplicity Business Services, Taxplicity Case Unit, Interhome Technologies, CanSURVIVE, Global Democracy Portal, SolarINTUITIVE.

TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS USAGE POLICIES

The Trademarks, Service Marks, Trade Names & Trade Dress and logos used and displayed on this Site are Trademarks, Service Marks, Trade Names & Trade Dress of Mediaplicity, Inc. which are in continuous and exclusive commercial use. Other references to Trademarks, Service Marks, Trade Names & Trade Dress, not owned by Mediaplicity, Inc., may belong to others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks, Service Marks, Trade Names & Trade Dress displayed on this Site, without the prior written consent of Mediaplicity, Inc. Mediaplicity, Inc. aggressively enforces its intellectual property rights to the fullest extent of the law. The name Mediaplicity, Inc. or any other Trademarks, Service Marks, Trade Names & Trade Dress may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without the prior written consent of Mediaplicity, Inc. Mediaplicity, Inc. prohibits linking to this Site and use of the name Mediaplicity, Inc. or any other Trademarks, Service Marks, Trade Names & Trade Dress as part of a link to or from any web site without Mediaplicity, Inc.’s prior written consent.

USER POSTINGS AND SUBMISSIONS

You acknowledge and agree that Mediaplicity, Inc. owns and has the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that you post or otherwise publish on this Site or send to Mediaplicity, Inc.. You hereby waive any claim against Mediaplicity, Inc. for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Mediaplicity, Inc.’s use and publication of such submissions. By submitting any creative ideas, concepts, know-how, techniques, suggestions or materials (collectively, "Submissions"), you automatically grant to Mediaplicity, Inc. a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. This means that anything submitted by you to Mediaplicity, Inc. shall be owned by Mediaplicity, Inc. and may be used by Mediaplicity, Inc. for any purpose, now or in the future, without any payment to or further authorization by you.

You covenant that you shall not post or otherwise publish on this Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute or that encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iii) infringe the intellectual property, privacy or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Mediaplicity, Inc. reserves the right to refuse to post and the right to remove any Submissions or other information, in whole or in part, for any reason.

NO BINDING OF SERVICES OR PROFESSIONAL CONSULTATION BY MERE OR DETAILED USAGE OF THIS SITE

Information made available to you through this Site is provided with the understanding that Mediaplicity, Inc.’s provision of this information does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, Mediaplicity, Inc. does not represent or endorse the accuracy or reliability of such information that is displayed, uploaded, downloaded or distributed through this Site by Mediaplicity, Inc., any user, information provider or any other person or entity. You acknowledge that any reliance upon such information shall be at your sole option and risk.

ACCESS TO THIS SITE AND ERRORS

There may be delays, omissions or inaccuracies in information obtained by you through your use of this Site. Mediaplicity, Inc. may alter, suspend or discontinue this Site or your access to use this Site at any time for any reason without notice or liability. This Site may become unavailable due to maintenance or malfunction of computer equipment or for other reasons and may result in damages to your computer system, software, data or operations. You shall be solely responsible for ensuring that any information or content obtained from this Site does not contain any virus or other computer software code or subroutine designed to disable, erase, impair or otherwise damage your computer system, software or data.

DISCLAIMER OF WARRANTIES

THIS SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN "AS IS"” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MEDIAPLICITY, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, MEDIAPLICITY, INC. DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE SHALL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL MEDIAPLICITY, INC. OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES OR ATTORNEYS AND THE RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS OF ALL THE FOREGOING BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT ALLEGEDLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THIS SITE, EVEN IF MEDIAPLICITY, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MEDIAPLICITY, INC., AND ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ATTORNEYS TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED ONE DOLLAR (U.S. $1.00). SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.

INDEMNIFICATION

You hereby indemnify, defend, and hold harmless Mediaplicity, Inc. and its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys (collectively, the “Indemnified Parties”) from and against any and all liability, damages and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of or relating to any breach by you of this Agreement or the representations, warranties, and covenants you have made by agreeing to the terms of this Agreement. You shall cooperate as fully as required in the defense of any such claim. Mediaplicity, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

ENFORCEMENT OF TERMS OF USE AND GOVERNING LAW

This Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. You expressly agree that exclusive jurisdiction resides in the courts of the State of New York. You further agree and expressly consent to the exercise of personal jurisdiction in the State of New York in connection with any dispute or claim involving Mediaplicity, Inc.. If any part of these terms is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

INFRINGEMENT AND TAKEDOWN NOTICES

Mediaplicity, Inc. prohibits the posting of any information that infringes or violates the copyright rights and other intellectual property rights (including rights of privacy and publicity) of any third party. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you must notify Mediaplicity, Inc. of your infringement claim in accordance with the following procedure. Mediaplicity, Inc. shall process notices of alleged infringement which it receives and shall take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”).

The DMCA requires that notifications of claimed infringement should be sent to this Site's Designated Agent who is:

Mediaplicity Inc.'s: Contact Page

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that United States law provides significant criminal and/or civil penalties against those who submit false statements.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Mediaplicity, Inc. with respect to the subject matter of this Agreement and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding that subject matter. Any waiver of any provision of this Agreement shall be effective only if in writing and signed by Mediaplicity, Inc.

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