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       General       
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Streaming Networks may revise these Terms at any time by updating this posting. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Ownership of Site

These Terms of Use apply to the iRecord web Site located at www.iRecord.com, and all associated sites linked to www.iRecord.com by Streaming Networks, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Streaming Networks Inc. (“Streaming Networks”).

Content and Use of the Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, ‘look and feel’ and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Streaming Networks, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Streaming Networks’ express prior written consent.

You may use information on our products and services purposely made available by Streaming Networks for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Links to Other Sites and to the Streaming Networks Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Streaming Networks’ control, and we are not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

THE MATERIALS (INCLUDING ALL Software) AND SERVICES AT THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. All information on this Site is subject to change without notice. The materials at this Site might be out of date and Streaming Networks makes no commitment to update the materials and services at this Site. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.


Limitation of Liability

Except where prohibited by law, in no event will Streaming Networks be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Streaming Networks has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Streaming Networks is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Streaming Networks’ liability shall in no event exceed US$40.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Streaming Networks, its owners, members, managers, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Streaming Networks by any third party due to or arising out of or in connection with your use of the Site.

Applicable Law and Jurisdiction

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Streaming Networks and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Streaming Networks administers and operates the www.Streaming-Networks.com Site from its location in Santa Clara, California USA; although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Streaming Networks reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Streaming Networks with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Streaming Networks with respect to such use are hereby superseded and cancelled. Streaming Networks will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Streaming Networks’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Streaming Networks of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Streaming Networks and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Last updated: October 10, 2007

 


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