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Scope Seven, Inc., either directly or through Global Digital Media Xchange
or its Affiliates (collectively, “we” or “us”) is providing you with access to
online systems and underlying software, programs, applications and files that
will help you manage projects in a controlled access environment (the
“Services”). The sole purpose for providing you access to these Services is to
simplify and expedite the exchange of information needed to move projects
forward to completion. Your use of these Services is subject to the terms and
conditions outlined below.
You have been designated as an Authorized
User by us. You will be issued a unique ID and password providing you access to
only the information regarding your company’s projects. You may not copy,
modify, create derivative works from or merge our Services into other material
to make an updated or different work. We retain all right, title, and interest
in and to these Services.
You shall not perform any act designed to
impede or prohibit normal operation of these Services. Access to the Services
may be terminated, with notice to you, at our sole discretion under the
following conditions: you generate a condition which interferes with the normal
operation of the Services; you engage in unauthorized use of the Services; or
the rights of the affiliate through which you are provided the Services are
suspended or terminated. You shall not share, rent, or sublicense any of your
rights to access these Services to any other party.
We may from time to
time establish general practices and limits on the use of these Services,
including, but not limited to, limits on retention time, file size, and storage
space for materials added by you. We shall have no liability or responsibility
for the deletion or failure to store any information or materials.
You
will not use these Services to: harm minors in any way; upload, post or
otherwise transmit any content that is illegal or immoral or infringes any
patent, trademark, trade secret, copyright or other proprietary rights of any
party; upload, post or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware, or the
Services..
WE DO NOT GUARNTEE CONTINUOUS, UNINTERRUPTED, OR SECURE
ACCESS TO THESE SERVICES. ACCURACY OF ANY DATA TRANSMITTED MAY BE INTERFERED
WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. YOU ARE USING THESE SERVICES
AT YOUR OWN RISK.
WE WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING
DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES CAUSED
DIRECTLY OR INDIRECTLY BY YOUR USE OF THE SERVICES.
WE WILL NOT BE
LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS,
LOST BUSINESS OPPORTUNITIES CAUSED DIRECTLY OR INDIRECTLY BY FAILURE OR
ERRONEOUS PERFORMANCE OF THE SERVICES.
YOU WILL BE LIABLE TO US FOR ANY
AND ALL DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY ANY UNAUTHORIZED USE OF THE
SERVICES BY YOU.
In the event that you become aware of any disputes,
controversies, and claims arising out of or related to this Agreement, you shall
immediately notify us of such dispute, controversy, or claim and we shall have
the sole right to handle and conduct the defense of such action.
All
disputes, controversies, and claims arising out of or related to this Agreement
shall be determined by arbitration in Los Angeles, California, U.S.A. in
accordance with and pursuant to the then existing International Arbitration
Rules of the American Arbitration Association and the provisions of the New York
Convention. The arbitrator may award reasonable attorney’s fees to the
prevailing party of any arbitration hereunder. The arbitrator may not award
punitive damages to any party of any arbitration. The parties specifically
waive all rights to any claims for punitive damages against each other.
You are accepting this Agreement by clicking on the “I Agree” button.
SCOPE SEVEN, INC.
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