Terms of Use & Linking AgreementPLEASE READ THESE
TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS
SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND
CONDITIONS OF USE AS WELL AS ALL OTHER POLICIES DESCRIBED IN
THE SITE.
Azure IX Media, Inc. (AIXM) is the operator of this
Website, including but not limited to and affiliated sites
(the "Site"), although software, hosting, other functions,
Site content, advertisements, goods and services being
offered for sale or links to other Websites may be provided
by unaffiliated third-party service providers ("Service
Providers"), affiliates of AIXM, including other Azure IX
Media business groups ("Affiliates") or other companies with
a business relationship with AIXM ("Business Partners").
AIXM's Affiliates, Service Providers and Business Partners
are intended to be third party beneficiaries of these Terms
of Use. The Site is not directed to children under 13 years
of age. Children under 13 years of age may not use the Site
to submit any individually identifiable information about
them.
These Terms of Use may be changed from time to time
without further notice. Your continued use of the Site after
any of these Terms of Use have been changed constitutes your
acceptance of the new Terms of Use. If you do not agree to
abide by these or any future Terms of Use, do not use the
Site or download materials from it.
AIXM, its Affiliates, Services Providers and Business
Partners may terminate, modify, remove, suspend or
discontinue any aspect of the Site, including the
availability of any features, at any time. AIXM, its
Affiliates, Service Providers and Business Partners may
remove, modify or otherwise change any content, including
that of third parties, on or from the Site. AIXM, its
Affiliates, Service Providers and Business Partners may
impose limits on certain features and services or restrict
your access to parts or to the entire Site without notice or
liability. AIXM, its Affiliates, Service Providers and
Business Partners may terminate your use of the Site in
their sole discretion.
1. Proprietary Rights.
Copyrights. AIXM, its Affiliates, Service
Providers and Business Partners reserve copyrights in all of
the content of the Site, including but not limited to
design, text, software, technical drawings, configurations,
graphics, and other files and their selection and
arrangement (the "Content"). The Content may not be
modified, copied, distributed, framed, reproduced,
republished, downloaded, displayed, posted, transmitted, or
sold in any form or by any means, in whole or in part,
without AIXM's prior written permission, except that you may
download and print Content for uses that are not competitive
with or derogatory to AIXM, its Affiliates or Service
Providers, provided that you keep all copyright or other
proprietary notices in tact and that you do not transfer any
Content to any other person unless you give them notice of,
and they agree to accept, the obligations arising under
these Terms of Use. Please note that this limited consent
may be revoked at any time and does not include consent to
republish Content on any other Internet, Intranet or
Extranet site or to incorporate Content in any other
database or compilation. Any other use of the Content is
strictly prohibited. You further agree that you will not
systematically extract, collect or harvest, through
electronic means or otherwise, any data or data fields from
the Site, including but not limited to customer identities.
If you believe that your copyrighted material has been
improperly used on the Site, please
contact AIXM for more information.
Trademarks. Trademarks of AIXM, its Affiliates,
Service Providers and Business Partners may not be copied,
imitated, or used, in whole or in part, without the prior
written permission of AIXM. All page headers, customer
graphics, button icons, and scripts are services marks,
trademarks and or/or trade dress of AIXM, its Affiliates,
Service Providers or Business Partners, and may not be
copied, imitated, or used in whole or in part, without the
prior written permission of AIXM. Other trademarks,
registered trademarks, product names or logos, and company
names or logos displayed on the Site are the property of
their respective owners.
Patents. Some of AIXM's products and processes and
those of its Affiliates, Service Providers and Business
Partners used on the Site may be covered by one or more
patents and are subject to other trade secret and
proprietary rights. AIXM, its Affiliates, Service Providers
and Business Partners reserve all such rights. You agree not
to infringe upon such rights or decompile, reverse engineer,
or disassemble any of the products or processes of AIXM, its
Affiliates, Service Providers or Business Partners.
Software. Any software, including any files,
images generated by the software, code and data accompanying
the software (collectively, "Software"), used or accessible
through the Site may be used by you solely for accessing and
using the Site for purposes expressly stated on the Site,
provided that such uses are not competitive with or
derogatory to AIXM, its Affiliates, Service Providers and
Business Partners. AIXM, its Affiliates, Service Providers
and Business Partners retain full and complete title to all
intellectual property rights they may own in the Software.
You agree not to copy, distribute, sell, modify, decompile,
reverse engineer, disassemble or create derivative works
from any Software.
2. User Conduct - General.
In using the Site, you agree not to:
(a) disrupt or interfere with the security of, or otherwise
abuse, the Site, or any services, system resources,
accounts, servers or networks connected to or accessible
through the Site or affiliated or linked sites;
(b) disrupt or interfere with any other user's enjoyment of
the Site or affiliated or linked sites;
(c) upload, post or otherwise transmit through or on the
Site any viruses or other harmful, disruptive or destructive
files;
(d) use or attempt to use another's account, service or
system without authorization from AIXM or a Service
Provider, or create or use a false identity on the Site;
(e) transmit through or on the Site spam, chain letters,
junk mail or any other type of unsolicited mass email to
people or entities who have not agreed to be part of such
mailings;
(f) attempt to obtain unauthorized access to the Site or
portions of the Site which are restricted from general
access; and
(g) divulge your username or password to others either on or
off the Site.
In addition, you agree that you are solely responsible
for actions and communications undertaken or transmitted
under your account, and that you will comply with all
applicable local, state, national and international laws and
regulations, including but not limited to United States
export restrictions, that relate to your use of or
activities on the Site. The Site is controlled and operated
in the United States. If you are in a jurisdiction that
restricts you from accessing or using the Site, do not
access or use the Site. GE makes no representation that the
Site is appropriate or available for use outside the United
States.
3. User Conduct - Online Communities and Other
Interactive Areas.
The Site may contain areas where you may post and share
comments with other Site users on a variety of subjects. You
agree that you will not post or otherwise disseminate on or
through the Site unlawful, harassing, libelous, tortious,
abusive, offensive, threatening or obscene communications or
material of any kind, or materials which infringe or violate
any third party's copyright, trademark, trade secret,
privacy or other proprietary property right, or that could
constitute a criminal offense, give rise to civil liability
or otherwise violate any applicable law or regulation; or,
that are otherwise objectionable, including without
limitation, content that evidences bigotry, racism, sexism,
or hatred or that promotes illegal activities or physical
harm against anyone. AIXM and its Service Providers reserve
the right, but do not have the obligation, to remove any
materials they deem objectionable without any notice to you.
You agree to hold harmless AIXM, its Affiliates, Service
Providers and Business Partners from all claims based upon
communications made or materials posted by others or the use
by third parties of the Site.
4. Online Communications on and Through the Site.
Except as otherwise provided in our
Privacy Policy you agree that any communications you
transmit to anyone through the Site or copyrighted works you
post on the Site, including, without limitation, questions,
comments, suggestions, ideas, plans, notes, drawings,
configurations, purchase orders, quotes, requests for
quotes, performance data, account information, or other
material, data or information (collectively, "Information"),
are non-confidential and upon transmission of such
information to AIXM, its Affiliates, Service Providers and
Business Partners by any means you grant to AIXM, its
Affiliates, Service Providers and Business Partners an
irrevocable, non-exclusive, royalty-free, sublicensable,
worldwide license (including but not limited to a copyright
license) to use, reproduce, display, publicly perform,
transmit and distribute such Information in any media for
any purpose.
5. Privacy Policy.
AIXM's
Privacy Policy, incorporated by this reference,
describes the type of information AIXM, its Affiliates and
Service Providers collect when you visit the Site and how
they use that information. Please review our
Privacy Policy for more information.
6. Product and Service Information - Limitations.
All content available through the Site, including but not
limited to data, quotes, status reports, technical drawings,
configurations, order information, and catalog listings is
believed to be accurate. However, you should independently
evaluate the accuracy of the information and the usefulness
for your particular needs of any product or service
available through the Site. Specifications for products and
services are subject to change without notice, and AIXM, its
Affiliates, Service Providers and Business Partners reserve
the right to make changes to processing, materials or
configuration without notice. They do not guarantee that
products listed in online catalogs will be available at the
time of your order. All information on the Site is subject
to the disclaimers of Section 8 below.
7. Links and Third Party Content.
Links to Other Websites. The Site may from time to
time contain links to other websites or other Internet
information sources ("Third Party Sources"). These links are
provided as a convenience and do not constitute an
endorsement, sponsorship or recommendation by AIXM of, or
responsibility for, third parties or the linked Third Party
Sources or any content, services or products available on or
through such Third Party Sources.
Links from Other Websites. All links to the Site
must be approved in writing by AIXM., For a copy of the AIXM
Linking Agreement and/or to request permission to link to
the Site, go to the link at the top of this
page. AIXM generally consents to links in which: (a) the
link is a text-only link containing only the title of the
home page of the Site; (b) the link "points" only to the
home page of the Site and not to deeper pages, (c) the link,
when activated by a user, displays the home page of the Site
full-screen and not within a "frame" on the linked website,
and (d) the appearance, position, and other aspects of the
link may not (i) create the false appearance that an entity
or its activities or products are associated with or
sponsored by AIXM, its Affiliates, Service Providers or
Business Partners, or (ii) be such as to damage or dilute
the good will associated with the name and trademarks of
AIXM, its Affiliates, Service Providers or Business
Partners. AIXM reserves the right to revoke a consent to
link any time in its sole discretion.
Third Party Content. The Site may from time to
time contain material, data or information provided, posted
or offered by third parties, including but not limited to
advertisements or postings in online community discussions.
You agree that neither AIXM, nor its Affiliates, Service
Providers or Business Partners shall have any liability
whatsoever to you for any such third party material, data or
information.
8. Disclaimers
THE MATERIALS MAY CONTAIN INACCURACIES AND
TYPOGRAPHICAL ERRORS. GE DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY
ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR
DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY
RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM,
OR INFORMATION SHALL BE AT YOUR SOLE RISK. GE RESERVES THE
RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR
OMISSIONS IN ANY PORTION OF THE SITE. GE MAY MAKE ANY OTHER
CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS,
PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE
AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE,
AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED
"AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR
IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS
FOR ANY PARTICULAR PURPOSE.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING
ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR
ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU
UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA
AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT NEITHER AIXM, THE SERVICE
PROVIDERS NOR AFFILIATES CONTROL IN ANY RESPECT ANY
INFORMATION, PRODUCTS OR SERVICES OFFERED BY BUSINESS
PARTNERS OR THIRD PARTIES THROUGH THE SITE. EXCEPT AS
OTHERWISE AGREED IN WRITING, AIXM, THE SERVICE PROVIDERS AND
AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY
OR REPRESENTATION AS TO THE ACCURACY, CURRENCY,
COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE,
OPINION, STATEMENT, OR OTHER CONTENT OR OF ANY PRODUCTS OR
SERVICES DISTRIBUTED OR MADE AVAILABLE BY BUSINESS PARTNERS
OR THIRD PARTIES THROUGH THE SITE. AIXM, ITS AFFILIATES,
SERVICE PROVIDERS AND BUSINESS PARTNERS DO NOT MAKE ANY
WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR
REQUIREMENTS, OR THAT THE SITE OR ITS CONTENT WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT
DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES AIXM, ITS
AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
THE SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF
THE SITE.
AIXM, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS
PARTNERS, ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED
BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM
DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM
DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR
SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS
CAUSED BY THE NEGLIGENCE OF AIXM, ITS AFFILIATES, SERVICE
PROVIDERS OR BUSINESS PARTNERS OR THEIR LICENSORS, OR A
USER'S OWN ERRORS AND/OR OMISSIONS.
AIXM, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS
PARTNERS DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE
CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE
WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM AIXM, ITS AFFILIATES, SERVICE PROVIDERS
OR BUSINESS PARTNERS OR THROUGH THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN WRITING. THE SITE TOGETHER
WITH ANY DOCUMENTS ISSUED BY AIXM, ITS AFFILIATES, SERVICE
PROVIDERS OR BUSINESS PARTNERS AND AVAILABLE THROUGH THE
SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN THE
MEANING OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM ACT
OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES
IN THE SITE AND CAN BE IDENTIFIED BY THE USE OF
FORWARD-LOOKING TERMINOLOGY SUCH AS "BELIEVE," "EXPECT,"
"PLANS," " MAY," " WILL," "SHOULD," "ANTICIPATES," OR
SIMILAR STATEMENTS OR THE NEGATIVE THEREOF. SUCH
FORWARD-LOOKING STATEMENTS INCLUDE BUT ARE NOT LIMITED TO
STATEMENTS MADE AS TO FUTURE OPERATING COSTS, CAPITAL
EXPENDITURES, CASH FLOW, IMPROVEMENTS IN INFRASTRUCTURE,
DISTRIBUTION SYSTEMS AND OPERATING EFFICIENCIES, SALES AND
EARNINGS ESTIMATES OR TRENDS AND EXPANSION PLANS AND
PROJECTIONS. SUCH FORWARD-LOOKING STATEMENTS ARE BASED ON
CURRENT EXPECTATIONS AND BY THEIR NATURE INVOLVE KNOWN AND
UNKNOWN INTERNAL AND EXTERNAL RISKS, UNCERTAINTIES AND OTHER
FACTORS WHICH MAY CAUSE THE ACTUAL RESULTS, PERFORMANCE OR
ACHIEVEMENTS TO BE MATERIALLY DIFFERENT FROM THOSE EXPRESSED
OR IMPLIED. THE INFORMATION CONTAINED IN EACH PARTY'S MOST
RECENT ANNUAL REPORT, AS WELL AS INFORMATION INCLUDED IN
OTHER OWNER FILINGS WITH THE SECURITIES AND EXCHANGE
COMMISSION, IDENTIFIES IMPORTANT FACTORS THAT COULD CAUSE
SUCH RESULTS, PERFORMANCE OR ACHIEVEMENTS NOT TO BE
REALIZED. AIXM, ITS AFFILIATES, SERVICE PROVIDERS AND
BUSINESS PARTNERS UNDERTAKE NO OBLIGATION TO UPDATE
FORWARD-LOOKING STATEMENTS TO REFLECT EVENTS OR
CIRCUMSTANCES AFTER THE DATE SUCH STATEMENTS WERE MADE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE, SHALL AIXM OR ITS PARENT, SUBSIDIARIES,
AFFILIATES, SERVICE PROVIDERS, BUSINESS PARTNERS, VENDORS,
OR SUPPLIERS (OR ANY OF THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS) BE LIABLE FOR ANY CLAIM BY ANY
PARTY OTHER THAN AIXM FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN
CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE
OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR
NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
10. General.
Applicable Law. These Terms of Use shall be
governed by and construed in accordance with the laws of the
State of New York, and the federal laws of the United States
of America, without giving effect to conflict of laws
provisions. You agree to submit to the personal and
exclusive jurisdiction of the state or federal courts
located within the State of New York for any disputes
arising from or related to the Site or these Terms of Use.
Other. These Terms of Use are not intended to
alter the terms or conditions of any other agreement you may
have with AIXM, its Affiliates, Service Providers or
Business Partners to the extent that those agreements govern
issues other than your use of the Site, nor any agreements
that they may have with one another.
English Language. You agree that there shall be no
requirement to translate any of the Sites, or any portion
thereof or content thereon, into any other language than the
one in which they appear, and that all contractual and
transactional communications shall be in the English
language, and that there shall be no requirement to
translate any communication into any other language.
Enforceability. Should any provision in these
Terms of Use be found invalid or unenforceable for any
reason, that provision shall be deemed severable from the
other provisions and shall not affect the validity or
enforceability of the remaining provisions. You agree that
any claim arising out of or related to these Terms of Use or
your use of the Site must be filed within one year after it
arose or be permanently barred.
11. International Usage.
In addition, you agree that you are solely responsible
for actions and communications undertaken or transmitted
under your account, and that you will comply with all
applicable local, state, national and international laws and
regulations, including but not limited to United States
export restrictions, that relate to your use of or
activities on this Site. This Site is controlled and
operated in the United States.
IF YOU ARE ACCESSING THIS SITE FROM OUTSIDE THE UNITED
STATES, AND ARE RESTRICTED UNDER THE LAW OF YOUR
JURISDICTION FROM DOING SO, DO NOT ACCESS OR USE THIS SITE.
AIXM MAKES NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR
AVAILABLE FOR USE OUTSIDE THE UNITED STATES.
