By selecting “I have read and agree to the Customized CD Terms and Conditions” checkbox during the purchasing process, you (referred to in this Agreement as the “Member”) are accepting the terms and conditions of this Agreement. You must be at least 18 years of age and if you are ordering as an employee of a corporation have the authority to enter into this Agreement on its behalf. The right to use this service to create a Customized CD is granted to the Member only and may not be transferred free of charge or against payment to any third party.
The purchase of a Customized CD enables the Member to download Content in the predetermined file size and file format specified for the Customized CD product selected, and is limited to 100 (one hundred) Content files.
The Member agrees and confirms that:
- The Member is responsible to provide and keep the Member’s Account Information accurate and current.
- Access to the Licensor’s Content database at www.MediaFocus.com is granted primarily to the Member. The Member may share the account access with individuals belonging to the same company or organization, and with any third party who is directly involved in a production created for or by the Member (i.e. graphic designer, printer). To give access to any other third party under the Member’s account login constitutes a violation of this Agreement and will result in immediate termination of the Member account.
- All Content as displayed on www.MediaFocus.com can be selected for download, in the file size and file format specified by the type of the Customized CD the Member elected to purchase.
- The Member understands that Content is added and deleted from www.MediaFocus.com at the Licensor’s sole discretion and without prior notice.
- The Member agrees to pay for all Internet service provider fees, telecommunication fees and other charges required for the Member to be able to access and use the Licensor’s service.
- The Member understands and agrees that unused Content downloads after the Customized CD was downloaded will not be refunded or credited and can not be transferred to another Customized CD.
- The Member acknowledges that any and all Content licensed from the Licensor is subject to the restrictions and controls imposed by the Export Administration Act and Regulations. The Member acknowledges that he/she is prohibited to use any Content for any purpose that would violate those regulations. The Member certifies that he/she is not a citizen or permanent resident of the following countries: Cuba, Iran, Iraq, North Korea, Libya, Sudan, Syria or the Taliban controlled areas of Afghanistan.
- This Agreement can be terminated in writing by the Member within 10 days provided no Content has been downloaded.
- Content is provided "as is" with no warranties or conditions, expressed, implied, statutory, or in any communication with you. The Licensor expressly disclaims any implied warranties of merchant ability, non infringement, and fitness for a particular purpose. You agree to hold harmless the Licensor, its affiliates, suppliers and content providers, and each of their respective directors, officers, employees and agents from and against all claims and expenses, loss of data, hardware and software costs, lost profits, reasonable attorney's fees, or any other costs that are incurred, which are caused directly, incidental, consequential, or indirect from the use of any Content or any service or product offered by the Licensor.
- All Content downloaded for a Customized CD is subject to the terms and conditions of the Standard User Licensing Agreement or Extended User Licensing Agreement depending on the type of Customized CD purchased by the Member.
This Agreement is the entire Agreement between you the Member and MediaFocus International, LLC the Licensor and supersedes any other communications or advertising with respect to the Customized CD service. The terms specified in this Agreement shall not be modified without the express written consent of MediaFocus International, LLC, and any attempt to modify the Agreement without such express written consent, or any attempted deviation from the terms of this Agreement, shall nullify MediaFocus International, LLC’s indemnity obligations, representations, and warranties made hereunder. MediaFocus International, LLC reserves the right to modify the Customized CD Terms and Conditions at any time and without prior notice. If any provision of this Agreement is held invalid, the remainder shall continue in full effect.