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Harmony Digital Animation Inc. Web
Site Agreement
The Beyond Medicine.com Web Site (the "Site") is an online
information service provided by Harmony Digital Animation Inc. ("Beyond
Medicine.com "), subject to your compliance with the terms and conditions
set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
Beyond Medicine.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE
OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are Beyond
Medicine.com, its affiliates or other third party licensors. YOU MAY
NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE
AND/OR SOFTWARE. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial use
provided that you agree not to change or delete any copyright or proprietary
notices from the materials. You agree to grant to Beyond Medicine.com
a non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein for
new or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or by e-mail
to Beyond Medicine.com by all means and in any media now known or hereafter
developed. You also grant to Beyond Medicine.com the right to use your
name in connection with the submitted materials and other information
as well as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse against
Beyond Medicine.com for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to Beyond Medicine.com.
TRADEMARKS.
Publications, products, content or services referenced herein or on the
Site are the exclusive trademarks or servicemarks of Beyond Medicine.com.
Other product and company names mentioned in the Site may be the trademarks
of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by Beyond Medicine.com, Beyond Medicine.com
does not operate, control or endorse any information, products or services
on the Internet in any way. Except for Beyond Medicine.com- identified
information, products or services, all information, products and services
offered through the Site or on the Internet generally are offered by third
parties, that are not affiliated with Beyond Medicine.com. You also understand
that Beyond Medicine.com cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that manifest contaminating
or destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
THE INTERNET. Beyond Medicine.com PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO
THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND Beyond Medicine.com SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. Beyond Medicine.com DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Beyond Medicine.com HAS
NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Beyond Medicine.com BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED
FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
Beyond Medicine.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, Beyond Medicine.com LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Beyond Medicine.com makes no representations whatsoever about any other
web site which you may access through this one or which may link to this
Site. When you access a non-Beyond Medicine.com web site, please understand
that it is independent from Beyond Medicine.com, and that Beyond Medicine.com
has no control over the content on that web site. In addition, a link
to a Beyond Medicine.com web site does not mean that Beyond Medicine.com
endorses or accepts any responsibility for the content, or the use, of
such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Beyond Medicine.com,
its officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of Beyond Medicine.com and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities shall
have the right to assert and enforce those provisions directly against
you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with
the laws of Canada applicable to agreements made and to be performed in
Canada. You agree that any legal action or proceeding between Beyond Medicine.com
and you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in Canada . Any cause of action or claim
you may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or cause
of action is barred. Beyond Medicine.com's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision of this
Agreement. Beyond Medicine.com may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
COPYRIGHT NOTICE.© 2001 Harmony Digital Animation Inc. prepared
for: Beyond Medicine.com ,All rights reserved.
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