4Media Terms of Use

BY USING THE 4MEDIA WEB SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE 4MEDIA WEB SITE.

Welcome to the 4Media Web site. Through the Site, you have access to a variety of resources and content. These include: (a) software ("Software"); (b) web pages, data, messages, text, images, photographs, graphics, illustrations, audio or video clips, flash animation and documents ("Materials"). Software, Materials and other information are collectively referred to as "Content". By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided on or through the Site ("Terms of Use") and our Privacy Policy. 4Media Software Studio ("We" or "4Media") may revise the Terms of Use and Privacy Policy at any time without notice to you. The revised Terms of Use and Privacy Policy will be effective when posted.

Your use of Software is subject to all agreements such as a license agreement or user agreement that accompanies or is included with the Software. In the event that Software is provided on or through the Site and is not licensed for your use through License Terms specific to the Software, you may use the Software subject to the following:

• The Software may be used solely for personal, informational, noncommercial purposes;
• The Software may not be modified or altered in any way;
• The Software may not be redistributed.

You may download, store, display on your computer, view, listen to, play and print Materials that 4Media publishes or broadcasts on the Site or makes available for download through the Site subject to the following conditions:

• The Materials may be used solely for your personal, informational, internal, noncommercial purposes;
• The Materials may not be modified or altered in any way;
• The Materials may not be redistributed;
• You may not remove any copyright or other proprietary notices contained in the documents and information;

The rights specified above to view, download and print the documents and information available on this Site are not applicable to the design or layout of this Site.

The Site and Content provided on or through the Site are the intellectual property and copyrighted works of 4Media. All rights, title and interest not expressly granted with respect to the Site and Content provided on or through the Site are reserved. All Content is provided on an "As Is" and "As Available" basis, and 4Media reserves the right to terminate the permissions granted to you in Sections 1 and 2 above and your use of the Content at any time.

You agree not to use the Site or Content provided on or through the Site for any purpose that is unlawful or prohibited by these Terms of Use, or the rules, guidelines or terms of use posted for a specific area of the Site or Content provided on or through the Site.

4Media may, in its sole discretion, at any time discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that 4Media may, in its sole discretion, at any time, terminate or limit your access to or use of the Site or any Content. 4Media will terminate or limit your access to or use of the Site if, under appropriate circumstances, you are determined to be a repeat infringer of third party copyright rights. You agree that 4Media shall not be liable to you or any third-party for any termination or limitation of your access to or use of the Site or any Content.

4Media takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.
4Media uses secure server hosted by Paypal, SWREG and other 3rd party credit card processors that encrypt all the customer's personal information including name, address, credit card number credit card expiration date etc. before it is sent to us. Encryption works to prevent any malicious use of your personal information.
You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser like Safari.

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 4MEDIA 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 WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. 4MEDIA MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. 4MEDIA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.

4MEDIA RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.

IN NO EVENT SHALL 4MEDIA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 13 AND 14, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

4Media is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see 4Media's Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with 4Media's Privacy Policy.

4Media is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see 4Media's Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with 4Media's Privacy Policy.

4Media is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see 4Media's Privacy Policy. Any personal information collected on this Site may be accessed and stored globally and will be treated in accordance with 4Media's Privacy Policy.

Minors are not eligible to use the Site, and we ask that they do not submit any information to us.

You may not access, download, use or export the Site, or the Content provided on or through the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of 4Media in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction and of missile technology. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of 4Media outside the U.S. Neither the services of 4Media nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (a) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

All matters relating to your access to, and use of, the Site and Content provided on or through or uploaded to the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a state or federal court in San Francisco, San Mateo or Santa Clara County, California. You and Oracle agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Copyright© 2006—2009, 4Media. All rights reserved.
4Media is a registered trademark of 4Media Software Studio and/or its affiliates. Other names appearing on the Site may be trademarks of their respective owners.
For information on use of 4Media trademarks, go here.
For information on making claims of copyright infringement, go here.

If you have any questions regarding these Terms of Use or other questions please contact 4Media at the Contact 4Media page on the Site.