TERMS OF USE AGREEMENT
WELCOME TO SUPERVIEWER. PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SUPERVIEWER REGARDING YOUR USE OF OUR SUPERVIEWER SERVICE.
These are official terms and conditions ("Terms of Use Agreement") and form a legally binding agreement between you and SuperViewer ("SuperViewer", "we", "us", or "our") regarding your use of the SuperViewer SERVICE, as well as the associated mobile and Internet based Web page services, features and functions made available by SuperViewer (individually and collectively, the "SuperViewer Network"). The term "SuperViewer Network" also includes any and all SuperViewer branded, equivalent, mirror, replacement, substitute or backup SuperViewer mobile or Internet based Websites and Web pages and those containing authorized SuperViewer Content.
The SuperViewer Network is offered and made available only to users 13 years of age or older and if you are not yet 13 years old, or your use of our SuperViewer Network is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the SuperViewer Network immediately because by using or attempting to use the SuperViewer Network, you certify that you are at least 13 years of age and meet all other eligibility requirements for your use of the SuperViewer Network.
By using the SuperViewer Network, you understand, acknowledge and agree that you will abide by the terms and conditions of our Agreement with you. When we use the term "Agreement" we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of Communities, Posting and Content (all as defined below), any features, functions and services we make available to you from time to time through our SuperViewer Network (e.g., our SuperViewer Video Submission Agreement which governs your use of our Video Submission Service), any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters ("Rules") and any additional terms and conditions referred to in any of the foregoing documents. These Terms of Use and our use of the term "Agreement" also includes our Privacy Policy. All of these are hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you are a user of the SuperViewer Network, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason. The words "use" or "using" in this Agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the SuperViewer Network, transmit, receive or exchange data or communicate with the SuperViewer Network, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the SuperViewer Network, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any Websites or links that may direct your browser or your connection to third party Websites or Web pages.
REGISTRATION:
There are portions of our SuperViewer Network that we make available to users in the general public without registering and you may visit and browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.
In order to access and use certain services, features or functions of the SuperViewer Network, such as our Communities, our Video Submission Service, and in general any interactive feature of the SuperViewer Network, we require users to register. As part of the registration process, you will need to select and provide us with a unique user name and choose a password (or we may assign an initial password which we will give you the option to change) which must form a unique combination (a "User ID"), and we also request that you provide your e-mail address, and may request that you provide other information as we may require. We may also, from time to time and at any time, provide users with additional codes or passwords necessary to access and use certain services, features or functions of the SuperViewer Network. Please read our Privacy Policy, which describes the non-public, personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, disclosure or your authorization of anyone else to use your User ID. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or any other need to deactivate your User ID due to security concerns.
MODIFICATIONS:
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the SuperViewer Network and we may also e-mail you about these changes. Once we post them on the SuperViewer Network, these changes become effective immediately and if you use the SuperViewer Network after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. As you can appreciate, we must also reserve the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the SuperViewer Network at any time, without any liability or obligation to you, with or without notice.
PRIVACY:
We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the SuperViewer Network. If you have any questions regarding SuperViewer's privacy practices, use our Help form.
OWNERSHIP AND PROPRIETARY RIGHTS:
The SuperViewer Network, including all content, media and materials, all SuperViewer software, code, design, text, images, photographs, illustrations, audio and Video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, Video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectible elements of the SuperViewer Network, including, without limitation, the selection, sequence and ‘look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, are the property of SuperViewer and/or its Affiliates, and their Advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as "Content").
Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "SuperViewer Network" includes "Content" as well.
SuperViewer authorizes you to access Content and grants you the right to use SuperViewer Network solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the SuperViewer Network, including notices on any Content you download, transmit, display, print or reproduce from the SuperViewer Network. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Website) or otherwise use, any Content without the express prior written consent of SuperViewer. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both. Content submitted by users registered to use our Video Submission Service is subject to our SuperViewer Video Submission Agreement that applies specifically to that service.
You may not use any computerized or automatic mechanism, including without limitation, any Web scraper, spider or robot, to access, extract or download any Content from the SuperViewer Network, unless you are expressly authorized to do so by SuperViewer. As an express condition of your use of the SuperViewer Network, you warrant to SuperViewer that you will not use the SuperViewer Network for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. SuperViewer makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access the SuperViewer Network.
We require users to respect our copyrights, trademarks, and other intellectual property rights and those of others. On notice, we will act expeditiously to remove content on the SuperViewer Network that infringes the copyright rights of others and will disable the access to the SuperViewer Network and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others. Specific procedures to notify us about copyright infringement can be found on our DMCA Notice page.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications ("marks") on or of the SuperViewer Network, including, without limitation, "SuperViewer " and "Instant SuperViewer", are the intellectual property of and proprietary to SuperViewer, its Affiliates, its or their Advertisers, suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of SuperViewer.
WEB COMMUNITIES, FORUMS AND POSTINGS:
The SuperViewer Network contains forum services, Web communities, and other message and communication facilities ("Communities") that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users and/or with us and these are referred to in this Agreement as a "Post" or "Posting."
SuperViewer reserves the right at all times, but does not have the obligation, to edit, refuse to post, or to remove any Posting, in whole or part, that SuperViewer deems inappropriate for inclusion in the Communities, for any reason or for no reason. Communities are public and not private and you should assume your Postings may be read by others, with or without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, SuperViewer shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk and you should not disclose or make available your personal information in any Posting or in any Community.
You use the Communities solely at your own risk and SuperViewer neither endorses nor controls user Postings available, delivered or displayed in the Communities and SuperViewer assumes no duty to monitor or endorse Postings within the Communities, nor does SuperViewer represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement and you should never rely upon any Posting as being true, accurate or reliable.
You understand, acknowledge and agree that Postings originating from any User ID are the sole responsibility of the individual associated with that User ID. This means that you, and not us or our SuperViewer Network, are entirely responsible for the consequences of all your Postings on the Communities or otherwise on the SuperViewer Network. Postings do not reflect the views of SuperViewer or any Affiliates. In no event shall SuperViewer or any Affiliates have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; provided, however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Communities and the SuperViewer Network; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on SuperViewer and/or the Communities.
If a Posting originates from you or your User ID, you hereby agree that:
(a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize the SuperViewer Network and Affiliates to use such Posting in whole or in part, throughout the universe, and you are automatically granting SuperViewer and Affiliates a royalty-free, perpetual, irrevocable, unrestricted, unconditional, non-exclusive license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Posting and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, of compensation, attribution or otherwise;
(b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any law, regulation or other governmental requirement or restriction, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be damaging or injurious to SuperViewer, any Affiliates or any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting;
(c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant SuperViewer and Affiliates the right to use such Posting as described above; and
(d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes made).The amount of storage space on the SuperViewer Network per user is limited and some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or at all or as to any other matter relating to Postings. Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER VIOLATIONS:
If you believe the SuperViewer Network contains elements that infringe your copyrights in your work, please go to our DMCA Notice page and follow the procedures described.
If you believe that any Content on the SuperViewer Network (including, without limitation, any Posting) violates any of the terms or conditions of this Agreement, please send us a message using our Help page. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
ADVERTISING:
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners ("Advertisers") as a result of or in connection with your use of the SuperViewer Network. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
RULES OF CONDUCT: Your use of the SuperViewer Network is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your User ID. You shall not use, allow, or enable others to use the SuperViewer Network, or knowingly condone use of the SuperViewer Network by others, in any manner that is, attempts to, or is likely to:
- Be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
- Affect us adversely or reflect negatively on us, the SuperViewer Network, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the SuperViewer Network, or from advertising, linking or becoming a supplier to us in connection with the SuperViewer Network;
- Send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
- Be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Website or Web pages;
- Transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
- Forge any TCP/IP packet header or part of the header information in any e-mail or newsgroup posting for any reason;
- Violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm or enterprise;
- Gain unauthorized access to the SuperViewer Network, other users' accounts, names, User IDs, personally identifiable information or other computers, Websites or pages, connected or linked to the SuperViewer Network or to use the SuperViewer Network in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the SuperViewer Network or the rights or use and enjoyment of the SuperViewer Network by any other person, firm or enterprise; or
- Collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the SuperViewer Network, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
PROMOTIONS:
From time to time, SuperViewer's, the Affiliates', or the SuperViewer Network's service providers, suppliers, and Advertisers may conduct promotions on or through the SuperViewer Network, including, without limitation, auctions, contests and sweepstakes ("Promotions"). Each Promotion may have additional Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement; provided, however, if there is any conflict between the Rules for any particular Promotion and these Terms of Use, the Rules shall govern for that Promotion.
HYPERLINKS TO THIRD PARTY SITES:
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the SuperViewer Network or any other form of link or re-direction of your connection to, with or through the SuperViewer Network, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of SuperViewer, its Affiliates or any of its or their respective officers, directors, employees, agents, representatives, licensors, suppliers, and service providers, successors and permitted assigns. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including the Privacy Statement), or any goods or services associated with or obtained in connection with any such site, whether SuperViewer's or any Affiliates' logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how SuperViewer collects and uses your Personal Information and co-branding relationships.
TERMINATION OF YOUR REGISTRATION:
You may terminate your registration and User ID, at any time and for any reason, by sending us a message using our Help page with your username, password, and e-mail address and requesting termination of your registration. We may terminate your use of and registration on the SuperViewer Network, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
REGARDLESS OF THE REASON OR CAUSE FOR THE TERMINATION OF YOUR REGISTRATION, THE RIGHTS, LICENSES AND PRIVILEGES DESCRIBED IN THIS AGREEMENT AND GRANTED BY YOU TO SUPERVIEWER AND THE SUPERVIEWER ENTITIES IN CONNECTION WITH THE VIDEOS YOU SUBMITTED, SHALL CONTINUE PERPETUALLY AND INDEFINITELY, UNLESS AND UNTIL TERMINATED, IN WHOLE OR IN PART, BY SUPERVIEWER ON NOTICE TO YOU.
DISCLAIMER AND LIMITATIONS OF LIABILITY:
THE SUPERVIEWER NETWORK AND ALL SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, SUPERVIEWER MAKES AND PROVIDES NO GUARANTY OR ASSURANCE THE SUPERVIEWER NETWORK OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, PRODUCTS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES.
Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the SuperViewer Network. You acknowledge and agree that you are assuming the entire risk of using the SuperViewer Network and the services, features and functions of and/or associated with the SuperViewer Network.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SUPERVIEWER, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE CAM NETWORK OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have SuperViewer, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or Products involved and to terminate and discontinue your registration and use of the SuperViewer Network. You further understand and acknowledge the capacity of the SuperViewer Network, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that SuperViewer assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the SuperViewer Network for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
INDEMNIFICATION:
You agree to indemnify, defend and hold SuperViewer, its Affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, Advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or resulting from your Postings or any Content you provide, submit or make available on or through the SuperViewer Network or your unauthorized use of any Content.
SuperViewer reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with SuperViewer in the defense of any such claim, action, settlement or compromise negotiations, as requested by SuperViewer.
LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS:
This Agreement, including, without limitation, our Privacy Policy, any Rules and any additional terms and conditions that apply to your use of any specific services, features and functions or the purchase of any Products, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated by this reference, contains the entire understanding and agreement between you and SuperViewer and supersedes any and all prior, inconsistent or other understandings relating to the SuperViewer Network and your use of the SuperViewer Network. This Agreement cannot be modified, changed or terminated, except as specifically described in Modifications.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the SuperViewer Network, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This Agreement and your use of the SuperViewer Network shall be governed by, construed and enforced in accordance with the substantive laws of the State of California applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of California and in Los Angeles County and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that SuperViewer has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SUPERVIEWER NETWORK OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Date Last Modified:
Terms of Use Agreement was last modified April 16, 2007.
Contact Information:
Please contact SuperViewer with any questions or comments about this Terms of Use Agreement using our Help form.

