EXTENDMEDIA TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
ExtendMedia operates this web site (the "Web Site") as a service to its visitors subject to these Terms (as defined below) and all modifications thereto, in addition to guidelines that may be published from time to time by ExtendMedia. By entering and/or using this and other web sites owned, operated or maintained by ExtendMedia, you, the user, are deemed to have agreed to comply with and be bound by the following terms and conditions of use (the "Terms"). ExtendMedia reserves the right to modify them at any time, and without actual notice to you. All such changes to these Terms will appear on the Web Site: http://www.extend.com By entering and/or using this Web Site following any modifications to the Terms, you agree to be bound by any such modifications to the Terms.
YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.
WEB SITE SERVICES
1. The Web Site is intended to provide information about ExtendMedia to potential customers, business partners, investors, and employees. Such information about ExtendMedia may include, without limitation, a description of its products and services, and potential employment opportunities.
INTELLECTUAL PROPERTY RIGHTS
2. As between ExtendMedia and you, ExtendMedia is the sole owner of all content on the Web Site including, without limitation, all applicable U.S. and non-U.S. patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto. Except as otherwise provided in these Terms, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens.
RESTRICTIONS ON USE OF MATERIAL OR LINKING TO THIS SITE
3. The content on this Web Site is intended for informational purposes only. These web pages or any portions thereof may not be framed, reproduced or redistributed for commercial gain or any other purpose. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt, create derivative works from, or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us - and from all other entities with an interest in the relevant intellectual property - may you publish, copy, display, or commercially exploit any material from the Web Site. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Web Site. Moreover, any ExtendMedia or third party corporate names and logos may not be altered or used without specific, prior written permission.
DISCLAIMER OF WARRANTIES
4. ExtendMedia provides the information on ExtendMedia web sites on an "as is" and "as available" basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, ExtendMedia specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the web site; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. ExtendMedia does not warrant or guarantee: (i) that any portion of the web site will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the web site will be uninterrupted or error-free.
LIMITATION OF LIABILITY
5. Under no circumstances, including, but not limited to, negligence, shall ExtendMedia be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this web site or any other ExtendMedia web site, even if ExtendMedia or a ExtendMedia authorized representative has been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the web site. In no event shall ExtendMedia' total liability to you herein, for any claim or action arising from use of the web site (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, ExtendMedia' liability shall be limited to the fullest extent permitted by law.
THIRD PARTY LINKS
6. You may be able to link to third parties' web sites ("Linked Sites") from the ExtendMedia Web Site. Linked Sites are not, however, reviewed, controlled, or examined by ExtendMedia in any way and ExtendMedia is not responsible for the content, availability, advertising, products, or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply ExtendMedia' endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon. You should be aware that the privacy policies at the Linked Sites will be different from the privacy policy governing the ExtendMedia Web Site (see below). It is your sole responsibility to read and adhere to the privacy policies of the Linked Sites. ExtendMedia shall not be responsible for the use of any information that you may submit to the Linked Sites. Further, in no event shall ExtendMedia be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. ExtendMedia reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the ExtendMedia Web Site and/or introduce different features or links to different users.
SUBMITTED MATERIALS
7. Unless specifically requested, ExtendMedia does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site, any of its services, by e-mail, or in any other way. By submitting or sending information or other material to ExtendMedia you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to ExtendMedia you grant ExtendMedia the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You agree and acknowledge that by using this Web Site, any and all communications and/or information transmitted by you to or through the Web Site will not be treated as confidential or proprietary. You agree to defend, indemnify and hold ExtendMedia and its directors, officers, employees, and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Web Site or the placement or transmission of any message, content, information, software or other materials through the Web Site by you.
APPLICABLE LAWS / JURISDICTION
8. By accessing or visiting our web sites, you expressly agree that the laws of Delaware, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the Web Site may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction and venue for any claim, dispute, or cause of action with ExtendMedia, or relating in any way to the Web Site or your use of the Web Site, reside in the courts located in the State of Delaware. You further agree and expressly consent to the exercise of personal jurisdiction in any State or Federal court sitting in the city, county and state of Delaware in connection with any such dispute and including any claim involving ExtendMedia or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
9. By accessing or visiting our web sites, you expressly waive any and all rights, including those related to privacy, to the extent such rights are different and/or in conflict with those rights protected by federal or Delaware laws. You are responsible for compliance with local laws, if and to the extent local laws are applicable.
10. Except as specifically noted above, no right or license is granted to you under any copyright, patent, trademark or other intellectual property law to use, copy, reproduce, retransmit, display or create derivative works from materials, logos and content contained within this Web Site.
EXTENDMEDIA PRIVACY POLICY
1. ExtendMedia is committed to honoring the privacy and security of visitors to web sites owned and operated by ExtendMedia and have explained the steps we have taken to do so. We urge you to read the following sections.
PERSONALLY IDENTIFIABLE INFORMATION
2. When you submit a request or electronically pass information to ExtendMedia (including, but not limited to, demo requests, employment applications and resumes), you are sometimes asked to provide certain information, including, but not limited to, your name, title, company, address, phone and fax numbers, e-mail address and line of business. We ask for this personally identifiable information in order to facilitate your requests, provide personalized service and communicate separately with you. Except as otherwise set forth herein, we do not sell, trade, or rent your personally identifiable information with any third parties outside of ExtendMedia.
3. Because we rely on third party commercial software and programs to operate our servers, we may inadvertently collect personal information due to certain automatic functions or features contained in such software or due to certain software changes or upgrades. We will use reasonable efforts to remove any such information after we discover such information in our system. If you know of any such unintended collections, please notify us promptly so we can take the necessary action to remove such information from our system.
INTERNET PROTOCOL ADDRESS
4. We may use your Internet Protocol address to help diagnose problems with our server and to administer the Web Site. Your Internet Protocol address is used to help identify you for the duration of a session and to gather broad demographic information.
CLICKSTREAM DATA
5. As you browse the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes called "clickstream" data, can be collected and stored by a web site's server. Clickstream data can tell us the type of computer and browsing software you use, the address of the web site from which you linked to the Web Site, and in some instances, your e-mail address. We may use clickstream data to determine how much time visitors spend on each page of the Web Site and how they navigate through the Web Site. We will only use this information to improve the Web Site. Any collection or use of clickstream data will be anonymous and aggregate, and will not contain any personally identifiable information.
CONSENT TO PROCESSING
6. By providing any information to the Web Site, all users fully understand and unambiguously consent to the collection and processing of such information.
LEGAL DISCLOSURE; CIRCUMSTANCES OF DISCLOSURE
7. Notwithstanding anything to the contrary herein, ExtendMedia shall, pursuant to valid legal process, such as a search warrant, subpoena, or court order, allow access to information, including personally identifiable information, provided to ExtendMedia or the Web Site in order to comply with such process and to protect our rights and property. If warranted, we may also allow access to this information in special emergencies where physical safety is at risk. ExtendMedia reserves the right to disclose any information obtained from or about you, including but not limited to personally identifiable information, data obtained from internet protocol addresses and clickstream data, to third parties in connection with a merger, acquisition, bankruptcy or sale of all or substantially all of ExtendMedia' assets.
LINKED SITES
8. The Web Site may contain links to other sites. Other sites may also reference or link to the Web Site. ExtendMedia is not responsible for the privacy practices or the content of such other sites. See Section 6 ("Linking") above in the Terms and Conditions of Use.
CHILDREN
9. The Web Site is not directed nor targeted to children. ExtendMedia will not knowingly collect information from children. Because our software does not automatically distinguish visitors under 13 from other visitors, ExtendMedia requires users under 13 years of age to obtain the consent of a parent, guardian, teacher, or librarian to view the Web Site. If ExtendMedia learns that a child has provided personally identifiable information to the Web Site, it will use reasonable efforts to remove such information from its files.
USER'S ACCEPTANCE OF THIS POLICY
10. By visiting the Web Site, you signify your assent to the terms of ExtendMedia' privacy policy. If you do not agree with the terms of this privacy policy, please do not use the Web Site. We reserve the right, at our sole discretion, to change, modify, add, or remove portions from this privacy policy at any time. Your continued use of the Web Site following the posting of changes to these terms means you accept these changes.
SECURITY
11. We take security very seriously. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and ExtendMedia, and ExtendMedia and you, will be free from unauthorized access by third parties. Users of the Web Site use the Web Site at their own risk.
