Terms of Use
Version 1.0 as of July 5, 2000


Please read these terms carefully before you use this Website, since this Agreement sets forth the terms and conditions which apply to your use of this Website. If you do not agree with the terms of this Website, do not use this site.

Online Conduct

  1. You agree not to use the Services for any unlawful activities and not to collect or store personal data about other users.
  2. You agree not to upload, post or otherwise transmit 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 technical equipment.
  3. You agree not to upload, post or otherwise transmit any Content that You do not have a right to transmit to the public under any law or under contractual or fiduciary relationships.

Content you submit

  1. You understand that ContentGuard is harmed by spam mails or discussion group entries and that ContentGuard reserves the right to block, filter or delete unsolicited e-mail.
  2. You agree to indemnify and hold ContentGuard, and its subsidiaries, affiliates, officers, agents, alliance members 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 Your Content and Your use of this Website.

Disclaimer of Warranties

  1. This Website may include inaccuracies or typographical errors. ContentGuard and the third parties that provide content on this site may make improvements and/or changes in the products, services, programs, and prices described in this Website at any time without notice. Changes are periodically made to the Website.
  2. This Website or third parties may provide links to other Internet sites or resources. You acknowledge and agree that ContentGuard 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. ContentGuard will 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.
  3. Your use of the services is at your sole risk. The services and are provided on an "as is" and "as available" basis. Unless otherwise explicitly stated, the materials on the Website are provided "as is," are experimental, and are for commercial use only. ContentGuard disclaims all express or implied conditions, representations and warranties of any kind, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. ContentGuard makes no representations, warranties, or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the materials contained on the Website. Any questions regarding the materials should be directed to the providers of such materials. In no event will ContentGuard or its suppliers be liable for the accuracy or completeness of the information from this Website.
  4. Without limiting the generality of clause 3 above, ContentGuard makes no warranty that:
    • the services will meet your requirements,
    • the services will be uninterrupted, timely, secure, or error-free,
    • the results that may be obtained from the use of the services will be accurate or reliable,
    • the quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations, or that
    • any errors in the software will be corrected.
  5. Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
  6. No advice or information, whether oral or written, obtained by you from ContentGuard or through or from the services will create any warranty not expressly stated in the terms. ContentGuard's employees are not authorized to vary these terms.

Limitation of Liability

  1. To the extent not prohibited by applicable law, ContentGuard is not liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data, electronically transmitted orders, or other economic advantage (even if ContentGuard has been advised of the possibility of such damages), however caused and regardless of the theory of liability, arising out of or related to:
    • the use of or the inability to use the services,
    • 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 services,
    • unauthorized access to or alteration of your transmissions or data
    • statements or conduct of any third party on the services and ContentGuard, or
    • any other matter relating to the services.
  2. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website and will not make a claim against ContentGuard for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials.
  3. You agree to hold ContentGuard harmless from, and you covenant not to sue ContentGuard for, any claims based on using the Website

General provisions

  1. The laws of the State of California and the applicable intellectual property laws of the United States shall govern this Agreement. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
  2. You agree to comply strictly with all applicable import and export laws and regulations of the U.S. and other countries.
  3. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and this shall not affect the validity of the remainder of the terms of this Agreement.
  4. The failure of ContentGuard to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
  5. This Agreement represents the complete agreement concerning the subject matter hereof.




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