INETVOD TERMS OF SERVICE FOR YOUR PERSONAL USE
Effective April 2, 2008
By using any iNetVOD website, such as StormMediaPlayer.com,
StormMediaPlayer.net, StormMediaPlayer.org, StormMP.com, StormMP.net,
StormMP.org, iNetVOD.com, iNetVOD.net, iNetVOD.org (“iNetVOD Sites”) or related
iNetVOD software application, such as Storm Media Player for Windows Media
Center Edition, collectively “iNetVOD Services”, you agree to be bound by the
following terms and conditions (the “Terms of Service”). “iNetVOD
Services” are provided by iNetVOD, Inc. (“iNetVOD”).
iNetVOD owns and retains all rights to the iNetVOD Services
and Sites.
Personal Use Only
The iNetVOD Services are made available for your personal,
non-commercial use only. You must be at least 13 years of age to visit any of the
iNetVOD Sites or use the iNetVOD Services. You may not use the iNetVOD Services
to sell a product or service, or to increase traffic to your website for
commercial reasons. You may not access any of the iNetVOD Services APIs
directly. You may not take the results from any iNetVOD page and reformat and
display them. If you want to make commercial use of the iNetVOD Services, you
must enter into an agreement with iNetVOD to do so in advance. Please
contact us for more information.
No Automated Querying
You may not send automated queries of any sort to iNetVOD
Services without express permission in advance from iNetVOD.
Privacy Policy
Click here to see iNetVOD’s Privacy Policy.
Changes to Terms and Conditions
We may modify or terminate our services from time to time,
for any reason, and without notice, including the right to terminate with or
without notice, without liability to you, any other user or any third party. We
reserve the right to modify these Terms of Service from time to time without
notice. Changes shall be effective upon posting the new Terms of Service on any
of the iNetVOD Sites. Any use of the iNetVOD Services by you after the new
Terms of Service are posted will indicate your agreement to such changes. Please
review these Terms of Service from time to time so that you will be apprised of
any changes.
Disclaimer of Warranties
You understand that when using the iNetVOD Services, you
will be exposed to audio and video content from a variety of sources, and that
iNetVOD is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such content. You further
understand and acknowledge that you may be exposed to content that is
inaccurate, offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have
against iNetVOD with respect thereto, and agree to indemnify and hold iNetVOD,
its Owners/Operators, affiliates, and/or licensors, harmless to the fullest
extent allowed by law regarding all matters related to your use of the iNetVOD
Services.
THE INETVOD SERVICES, AND ALL MATERIALS, INFORMATION,
PRODUCTS AND SERVICES INCLUDED IN THE INETVOD SERVICES ARE PROVIDED "AS
IS," WITH NO WARRANTIES WHATSOEVER. INETVOD AND ITS LICENSORS EXPRESSLY
DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND
STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. INETVOD AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING
THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE INETVOD SERVICES.
INETVOD AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR
ADVICE OBTAINED THROUGH THE INETVOD SERVICES. INETVOD AND ITS LICENSORS
DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED THROUGH
THE INETVOD SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE INETVOD
SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS
PROVIDED IN THE INETVOD SERVICES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE INETVOD
SERVICES IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE USE OF THE INETVOD SERVICE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION
TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL INETVOD OR ITS LICENSORS BE
LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON
THE INETVOD SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE
SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF INETVOD OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY
SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE
INETVOD SERVICES, FROM INABILITY TO USE THE INETVOD SERVICES, OR FROM THE
INTERRUPTION, SUSPENSION, OR TERMINATION OF THE INETVOD SERVICES (INCLUDING
SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH
RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE INETVOD SERVICES OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE INETVOD SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED ON THE INETVOD SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE INETVOD SERVICES. THIS LIMITATION SHALL ALSO
APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH
RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE INETVOD SERVICES OR ANY
INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY
TO, THE INETVOD SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall
iNetVOD or its licensors be held liable for any delay or failure in performance
resulting directly or indirectly from acts of nature, forces, or causes beyond
its reasonable control, including, without limitation, Internet failures,
computer equipment failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires,
floods, storms, explosions, acts of God, war, governmental actions, orders of
domestic or foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning.
Miscellaneous Provisions
These Terms of Service will be governed by and construed in
accordance with the laws of the State of Pennsylvania, without giving effect to
its conflict of laws provisions or your actual state or country of residence.
If for any reason a court of competent jurisdiction finds any provision or
portion of the Terms of Service to be unenforceable, the remainder of the Terms
of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement
between the parties with respect to the subject matter hereof and supersedes
and replaces all prior or contemporaneous understandings or agreements, written
or oral, regarding such subject matter. Any waiver of any provision of the
Terms of Service will be effective only if in writing and signed by iNetVOD.
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