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Meridix
Creative, Inc.
Legal Information
Effective March 12, 2007
1. Terms
of Service Agreement
2. Meridix Broadcast Producer End User
License Agreement (EULA) MERIDIX CREATIVE, INC.
TERMS OF SERVICE AGREEMENT
1. ACCEPTANCE OF TERMS Meridix
Creative, Inc. ("MERIDIX") provides live event data systems, software, and service to you through the
Meridix Broadcast Producer, Meridix Broadcast Network, Meridix Everywhere System,
and other properties
subject to the following Terms of Service Agreement ("TOS"), which may be
updated by MERIDIX from time to time. In the event that the TOS
changes, you can review the most current version of the TOS at any time at:
http://www.meridix.com/legal.htm. In addition, when using
particular MERIDIX services, you and MERIDIX shall be subject to any posted guidelines or rules applicable to those specific services
which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. MERIDIX may also
offer other services that are governed by different Terms of Service agreements.
2. DESCRIPTION OF SERVICE
MERIDIX currently provides live event data systems for sports teams, event producers,
educational institutions, businesses, and broadcasters through the Meridix Broadcast Producer
and Meridix Everywhere System, allowing these institutions access to a worldwide network of live event data, as well
as allowing internet users around the world to view these events with technologies and methods including access to audio, video, text,
and other types of disseminations, through the MERIDIX network of software and properties (the "Service"). You also understand and agree that the
Service may from time to time include advertisements and that these advertisements are necessary for MERIDIX to provide the Service.
You also understand and agree that the service may include certain communications from MERIDIX, such as service announcements,
administrative messages, and notifications of updates, and that these communications are considered part of MERIDIX membership and you
will NOT be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current
Service, including the release of new versions of the Meridix Broadcast
Producer, Meridix Everywhere System, or new MERIDIX properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that MERIDIX assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications. You are responsible for obtaining
reliable access to the Service and you acknowledge that access may involve
third party fees (such as Internet service fees or airtime charges). You are entirely
responsible for those fees, including those fees associated with the display or delivery of
content through the Service. You must provide, and are
responsible for, all equipment necessary to access the Service. In addition, user acknowledges unless otherwise stated by MERIDIX,
events produced and disseminated under the Service with the Meridix
Broadcast Producer or Meridix Everywhere System could be viewed by anyone, anywhere.
3. CHARGES AND BILLING
The default Service is billed one time per month, except for cases where discounted terms
are received for long-term contracts, and the period is measured from the date you purchase your subscription. Rates for the 1-month plan may vary, while rates for
long-term contracts are locked in for the duration of each particular
contract. You may obtain all information on current rates and surcharges for
using the Service by going to
http://www.meridix.com/golive. By using the Service, user agrees to the following billing policies:
(a) For users on normal 1-month billing plan: MERIDIX will bill the user
the current 1-month service rate in full at the start of each thirty-day
billing period. We will charge your credit card the then-current 1-month
service rate at the beginning of each thirty-day billing cycle. Unless you
notify MERIDIX otherwise, your subscription will automatically renew for
additional thirty-day periods at the current 1-month rate on the monthly
anniversary of your subscription purchase date. No fractional month credits or refunds will be issued,
except for service outages experienced by MERIDIX. After the first
thirty-day billing period, MERIDIX will continue to renew your subscription
and charge your credit card the current 1-month rate until you cancel, which
you may do at any time. Once you cancel your subscription, your access will
be terminated at the end of the thirty-day billing cycle in which you submit
your cancellation request. All content, settings, files, and other
data related to the account will then be deleted. During each
billing period, you will also be charged the then-current rate for any
additional video charges, archiving storage, excess listeners, or other fees as determined
by MERIDIX systems.
(b) For users on a discounted 6-month billing plan: MERIDIX will bill the user the current 6-month service rate in full at the start of
each 6-month billing period. We will charge your credit card the then current 6-month service rate at the beginning of each 6-month
billing cycle. Unless you notify MERIDIX otherwise, your subscription will automatically renew for additional 6-month periods at the
current 6-month rate on the anniversary of your subscription purchase date. You may NOT cancel service within the first 3 months of
your contract, and no fractional credits will be issued under any circumstances. After the first 3 months of your contract, you may
request to cancel your subscription. However, the months of use on your account will be converted to the then current 1-month service
rate. In addition, your access will be terminated at the end of the thirty-day billing cycle in which you submit your cancellation
request. Thus you will be refunded your full payment to us EXCLUDING your total months of use at the current 1-month service rate.
For example, if you cancel your account 4 months and 9 days into your 6-month contract, your account will be charged for 5
total months of
access at the non-discounted 1-month rate, and the remainder, if any, will be refunded. After the first 6 months of your billing period,
MERIDIX will continue to renew your subscription and charge your credit card the current 6-month rate until you cancel.
(c) For users on discounted 1-year billing plan: MERIDIX will bill the user the current 1-year service rate in full at the start of
each 1-year billing period. We will charge your credit card the then current 1-year service rate at the beginning of each 1-year
billing cycle. Unless you notify MERIDIX otherwise, your subscription will automatically renew for additional 1-year periods at the
current 1-year rate on the anniversary of your subscription purchase date. You may NOT cancel service within the first 6 months of
your contract, and no fractional credits will be issued under any circumstances. After the first 6 months of your contract, you may
request to cancel your subscription. However, the months of use on your account will be converted to the then current 1-month service
rate. In addition, your access will be terminated at the end of the thirty-day billing cycle in which you submit your cancellation
request. Thus you will be refunded your full payment to us EXCLUDING your total months of use at the current 1-month service rate.
For example, if you cancel your account 9 months and 5 days into your 1-year contract, your account will be charged for 10 months of
access at the non-discounted 1-month rate, and the remainder, if any, will be refunded. After the first 1-year billing period, MERIDIX will
continue to renew your subscription and charge your credit card the current 1-year rate until you cancel.
You are responsible for the full payment for use of the Service. You may use a major credit card,
check, transfer, or other payment types (subject to MERIDIX approval) in
order to submit payment for the Service. If you choose to use your credit card to pay for
your use of the Service, you hereby authorize us to charge your credit card
to pay your fees and store card information for automatic renewals. If you have selected a MERIDIX subscription that renews automatically, we will renew it
automatically and we will charge your credit card for the price of a then-current subscription
to the Service. If you do not wish to use a credit
card to pay for the Service, please contact us through our Customer Support
system and other arrangements may be made.
You agree to pay all fees and charges that you incur through your account, including, but not limited to, applicable taxes. Such fees
do not include any sales, use, value-added, personal property, or other governmental tax or levy imposed on goods or services billed to
the user. You are responsible for any such taxes. You will also be responsible for charges for any additional products or services
that you purchase that are offered for sale through the Service. With some
credit cards, be aware that you
may also be responsible for paying amounts billed to
your credit card by an unauthorized user (stolen cards, etc.), even if your credit card company does not cover such costs. Consult
your credit card issuer agreement for more information.
If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon
MERIDIX demand. Your card
issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not
this TOS to determine your rights and liabilities as a cardholder.
If MERIDIX does not receive the full amount of your Service balance within thirty (30) days of the invoice date, we reserve the right
to immediately cancel any activity on the user's account, while any outstanding balances remain due and payable. Member shall be
liable for all attorney and collection fees arising from MERIDIX's efforts to collect any unpaid balance of your account(s). You agree
to be billed for and to pay any outstanding balance in the event of cancellation or termination of your MERIDIX account. Unless you
notify MERIDIX of any discrepancies within ninety (90) days after they first appear on your account statement, they will be deemed
acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release MERIDIX from all
liabilities and claim of loss resulting from any error or discrepancy that is not reported to MERIDIX within ninety (90) days of its
publication.
MERIDIX RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING
METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR
ONLINE AREAS, CONTENT, OR SERVICES PROVIDED BY MERIDIX OR ITS AFFILIATES,
EFFECTIVE IMMEDIATELY AFTER AN
ONLINE POSTING ON http://www.meridix.com or http://www.meridix.com/golive.
MERIDIX MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF
BILLING CHARGES THROUGH ELECTRONIC NOTIFICATION OR E-MAIL TO YOUR PRIMARY MERIDIX ACCOUNT CONTACT EMAIL, OR THROUGH THE U.S. MAIL TO THE
PRIMARY MERIDIX ACCOUNT CONTACT. If any such change is unacceptable to you, you may terminate your membership as provided in CHARGES
AND BILLING sections 3(a), 3(b), or 3(c) above. Your continued use of the Service following the effective date shall constitute your
acceptance of ALL such changes. Your membership fees are payable in advance.
4. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person
barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide
true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being
the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or incomplete, or MERIDIX has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, MERIDIX has the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion thereof). MERIDIX is concerned about the safety and privacy of
all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the
legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 5 below) are
appropriate for your child. 5. MERIDIX PRIVACY POLICY Registration
data and certain other information about you is handled with the utmost care
and is subject to our Meridix Privacy Policy. For more information, see our full privacy
policy at http://www.meridix.com/privacy.htm, or if you came from our Meridix Email services, then see the MERIDIX Email privacy policy
at http://www.everyone.net/main/html/p_policy.html. 6. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify MERIDIX of any unauthorized use of your password or account or any other
breach of security, and (b) ensure that you exit from your account at the end of each
session. MERIDIX cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6. 7. MEMBER CONDUCT You understand that all information, event information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials you or MERIDIX transfers through the
Meridix Broadcast Producer, Meridix Broadcast Network, Meridix Everywhere System, or its network of properties ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the person or persons from which such Content originated. All
event information or Content is provided by the specified organization or individuals and/or associated organizations or individuals
and is provided "AS-IS", and MERIDIX assumes no responsibility for the accuracy, integrity, timeliness, deletion, mis-delivery or failure of any Content. This means that you, and not MERIDIX, are entirely responsible for all Content that you stream, submit,
upload, post, email, transmit or otherwise make available via the Service. MERIDIX does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will MERIDIX be liable in any way for any
Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content streamed, submitted, posted, emailed, transmitted or otherwise made available via the Service. You agree to NOT use the Service to: stream, submit, upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
stream, submit, upload, post, email, transmit or otherwise make available any adult Content; harm minors in any way;
impersonate any person or entity, including, but not limited to, an organization official, a MERIDIX official, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
stream, submit, upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure agreements);
stream, submit, upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights") of any party;
stream, submit, upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are
specifically designated for such purposes;
stream, submit, upload, post, email, transmit or otherwise make available 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
telecommunications equipment;
stream, submit, disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
"stalk" or otherwise harass another; or collect or store personal data about other users.
You acknowledge that MERIDIX may pre-screen Content, and that MERIDIX and its designees shall have the right (but not the obligation)
in their sole discretion to refuse, move, or delete any Content that is available via the Service. Without limiting the foregoing,
MERIDIX and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MERIDIX or
submitted to MERIDIX.
You acknowledge, consent and agree that MERIDIX may access, preserve, and disclose your account information and Content if required to
do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests
for customer service; or (e) protect the rights, property, or personal safety of MERIDIX, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the
United States or the country in which you reside. 9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE MERIDIX does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas of the Service, you grant MERIDIX the following world-wide,
royalty free and non-exclusive license(s), as applicable: With respect to photos, graphics, audio or video you submit or make available for inclusion on a publicly accessible area of the
Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service
solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at the time you elect to remove or MERIDIX removes such Content from
the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible
areas of the Service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in
any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the MERIDIX network of properties that are intended by MERIDIX to be
available to the general public. By way of example, publicly accessible areas of the Service would include The Meridix Center and
portions of the Meridix Broadcast Producer, Meridix Broadcast Network, and Meridix Everywhere System, that are open to both members and visitors. Meridix Creative, Inc. does not guarantee or verify the accuracy of any event information provided. However, publicly accessible areas of the Service would not include portions of the Service that are limited to members,
MERIDIX services intended for private communication such as the account manager, or areas off of the MERIDIX network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by MERIDIX.
10. INDEMNITY
You agree to indemnify and hold MERIDIX, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of
Content you see, hear, stream, submit, post, transmit or make available through the Service, your use of the Service, your connection to the
Service, copyright violations, your violation of the TOS, or your violation of any rights of another. 11. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service without express written consent of MERIDIX. 12. GENERAL PRACTICES REGARDING USE AND STORAGE In order to maintain the quality, integrity, and safety of the Service, you acknowledge that MERIDIX may establish general practices
and limits concerning use of the Service, including without limitation the maximum number of concurrent listeners, the maximum number
of concurrent events per account, amount of uploaded Content retained by the Service, the maximum amount of data that may be sent from
or received by an account on the Service, the maximum disk space that will be allotted on MERIDIX's servers on your behalf, and the
maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that
MERIDIX has no responsibility or liability for the deletion or failure to store any communications or other Content maintained or
transmitted by the Service. You further acknowledge that MERIDIX reserves the right to modify these general practices and limits from
time to time.
13. MODIFICATIONS TO SERVICE
MERIDIX reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice, provided that the user's account is credited any outstanding balances of which the Service was
rendered to the member, and provided that this is done in accordance with the rest of this TOS. You agree that MERIDIX shall not be
liable to you or to any third party for any modification, suspension or discontinuance of the Service. 14. TERMINATION You agree that MERIDIX may, under certain circumstances and without prior notice, immediately terminate your MERIDIX account, any
associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c)
a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems. Termination of your MERIDIX account may include(a) removal of access to all
offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside
your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause
shall be made in MERIDIX's sole discretion and that MERIDIX shall not be liable to you or any third-party for any termination of your
account, any associated email address, or access to the Service. 15. DEALINGS WITH THIRD PARTIES Your correspondence or business dealings with, or participation in promotions of, advertisers or links to outside third parties found
on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such an advertiser or third party. You agree that MERIDIX
shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of
the presence of such advertisers on the Service. 16. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MERIDIX has no control
over such sites and resources, you acknowledge and agree that MERIDIX is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that MERIDIX shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource. 17. MERIDIX'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is
protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by
MERIDIX or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or
the Software, in whole or in part. MERIDIX grants you a non-exclusive right and license to use the object code of its Software on a single computer, and your account is
portable to any computer running the Software; provided that you do not (and do not allow any third party to) copy, modify, create a
derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to
the Service. You agree not to access the Service by any means other than through the interfaces that are provided by MERIDIX for use in
accessing the Service. 18. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MERIDIX EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MERIDIX MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MERIDIX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER
SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO
HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO
USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
19. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT MERIDIX SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN
IF MERIDIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER
RELATING TO THE SERVICE.
User acknowledges that Pursuant to Section 512 of the Digital Millennium Copyright Act, MERIDIX has a policy providing for termination
of Services to account holders who are repeat offenders. However, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL MERIDIX BE LIABLE
FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR
LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY
WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL
MILLENNIUM COPYRIGHT ACT. 20. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU. 21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing
purposes, including or concerning companies, stock quotes, investments or securities. MERIDIX and its licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service,
and shall not be responsible or liable for any trading or investment decisions made based on such information. 22. NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement. 23. NOTICE MERIDIX may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings within
the Service. 24. TRADEMARK INFORMATION
® © ™
2007 Meridix Creative, Inc. Meridix is a registered trademark of
Meridix Creative, Inc. Meridix Creative, the Meridix globe, blue gradient logo,
"Meridix Broadcast Producer", "Meridix Everywhere System", "LiveID", "Go Live" designation, "You
are everywhere", and other content is copyright Meridix Creative, Inc. and are either service marks, trademarks, or registered
trademarks of Meridix Creative, Inc. and other MERIDIX logos and product and service names are trademarks of Meridix Creative, Inc.
(the "MERIDIX Marks"). Without MERIDIX's prior permission, you agree not to display or use in any manner, the MERIDIX Marks. MERIDIX
makes no claim to any logos, trademarks, or copyrights that are not specifically held by MERIDIX, but by using the Service, you agree
to allow MERIDIX to make use of any logos, trademarks, or copyrights as associated with your account or use of the Service. 25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT MERIDIX respects the intellectual property of others, and we ask our users to do the same. MERIDIX may, in appropriate circumstances
and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has
been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please
provide MERIDIX's Legal Team the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual
property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the
law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright
or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
MERIDIX's Department for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail:
Meridix Copyright Claims
Meridix Creative, Inc.
P.O. BOX 5062
Naperville, Illinois 60567-5062
United States of America
By email: rferet@meridixcreative.com 26. AMENDMENT
Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other method of
notification to User, and notices may be provided on the Web pages or properties through which the user accesses or uses the Service.
User's continued access or use of the Service shall be deemed to be User's conclusive acceptance of the modified Agreement. 27. GENERAL INFORMATION Entire Agreement. The TOS constitute the entire agreement between you and MERIDIX and govern your use of the Service,
superseding any
prior agreements between you and MERIDIX. You also may be subject to additional terms and conditions that may apply when you use or
purchase certain other MERIDIX services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The TOS and the relationship between you and MERIDIX shall be governed by the laws of the
United States and State of Illinois
without regard to its conflict of law provisions. You and MERIDIX agree to submit to the personal and exclusive jurisdiction of the
courts located within the county of Dupage, Illinois, United States. Waiver and Severability of Terms. The failure of MERIDIX to exercise or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and
the other provisions of the TOS remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or the TOS must be filed within two (2) years after such claim or cause of action arose or be forever
barred. The section titles in the TOS are for convenience only and have no legal or contractual effect. 28. VIOLATIONS
Please report any violations of the TOS to rferet@meridixcreative.com
or contact us at any of the contact methods available at http://www.meridix.com/contactus.htm.
Meridix
Broadcast Producer End User
License Agreement END USER
LICENSE AGREEMENT FOR MERIDIX BROADCAST PRODUCER
IMPORTANT - PLEASE READ CAREFULLY:
This Meridix Creative, Inc. ("MERIDIX") End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) the ("USER") and MERIDIX for the MERIDIX software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, the USER agrees to be bound by the terms of this EULA. If the USER does not agree to the terms of this EULA, USER should not install or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This EULA grants the USER the following rights:
* Installation and general use of the SOFTWARE PRODUCT for its intended purposes, provided use is not limited by this EULA. The USER may install and use one copy of the SOFTWARE PRODUCT on a personal computer, provided the USER has obtained the correct applicable licences and access from MERIDIX.
2. ACCEPTANCE OF THIS LICENSE AGREEMENT
* By downloading, installing, and/or using this SOFTWARE, the USER agrees to the terms of this EULA.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
* Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
* Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.
* Software Transfer. You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.
* Termination. Without prejudice to any other rights, MERIDIX may terminate this EULA immediately if the USER fails to comply with the terms and conditions of this EULA. In such event, USER must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by MERIDIX or its authorized suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. All rights not expressly granted herein are reserved by MERIDIX.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Meridix Creative, Inc./PO BOX 5062/Naperville, IL 60567-5062 United States.
6. DISTRIBUTION. You may distribute the setup executable electronically for download, on optical media, magnetic media, or any other form of distribution as long as it complies with the rest of this license agreement and EULA.
MISCELLANEOUS
If you acquired this product in the United States, this EULA is governed by the laws of the State of Illinois in the United States of America.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact MERIDIX for any reason, please write: Meridix Creative Legal Information/Meridix Creative, Inc./PO BOX 5062/Naperville, IL 60567-5062 United States.
LIMITED WARRANTY
NO WARRANTIES. MERIDIX expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or noninfringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with the USER.
NO LIABILITY FOR DAMAGES. In no event shall MERIDIX or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the stated MERIDIX product, even if MERIDIX has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to the USER.
INVALID PROVISIONS
If any provision of this EULA shall be declared invalid or unenforceable, the remaining provisions of this EULA shall remain in full force and effect to the fullest extent permitted by law. In such event, each provision of this EULA which is invalid or unenforceable shall be replaced with a provision as similar in terms to such invalid or unenforceable provision as may be possible which is legal and enforceable.
ENTIRE AGREEMENT
This EULA is the entire agreement between the USER and MERIDIX relating to its subject matter. It supersedes all prior agreement or discussions, oral or written, and prevails over any conflicting or additional terms of any quote, acknowledgment, or other communication between the parties relating to its subject matter during the term of this EULA. The USER may not assign any rights or obligations under this EULA without the prior consent of MERIDIX. No modification of this EULA will be binding, except by signed agreement.
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