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This Statement of Terms (“SOT”) constitutes an agreement (“Agreement”) between you, the user (an individual, group, or other entity) and Truenet Media Corp, its suppliers and licensors (Collectively referred to as “TNM”), for access to this site, and for the use of the MyBizU.com video rental services (“Services”). Your purchase of any of the Services means that you have read and fully accept this SOT as it exists at the time of your use of the services. This SOT may be updated from time to time without notice, and your continued use of the Services means that you accept all such changes. You may review the SOT at any time, and are encouraged to do so from time to time, by visiting our website.
Services
The services provided by MyBizU.com are the rental of movies and/or other video and audio content for viewing and/or downloading over the internet. You can rent movies on a one time basis, by selecting your movie, or movies, authorizing payment, and downloading your movie rental. Movies will be provided to you as a download & play. In the case of download and play, movies will be viewable, only on the machine to which they were downloaded, and for the period established and paid for at time of rental. Thereafter, the movie will not be accessible. These movies are rented by you for the sole purpose of your education and training and not for commercial exploitation.
To access these services, you must have a valid credit card to pay for the Services utilized. If you are a subscriber, your account must be in good standing with TNM to receive the Services.
In addition to the herein outlined features of the Services, the Service may include advertisements, announcements, administrative messages, e-mails, or other communications from TNM and you will not be able to opt out of receiving these. These Services are provided “AS-IS” and TNM assumes no responsibility for proper download, installation, and operation. The website provides the proper instructions and such instructions must be followed properly to ensure that you receive the services in good order.
To use the Service, you must have access to the World Wide Web through a dial up modem, a cable modem, a DSL connection, or a satellite link, to a computer with a processor capacity at least equal to a PII, and Windows operating system. The users experience is dependant upon the equipment used to access the website and the bandwidth available to the user at the time of use, and other factors.
TNM 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. TNM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Use of this Service is for your private use. You may not use the Service in any way to provide, or support, any commercial service or application. You may not duplicate, copy, sell, resell or exploit for any commercial, or other purposes not specifically allowed in this SOT, any portion of the Service, use of the Service, or access to the Service.
Registration
Once you have made one rental purchase, you will be emailed a login and password as a new registered user. Registered users gain access to the system by way of a username and password. Access to the website is controlled by authentication of both user name and password before access to the site is given. It is your responsibility to protect the password. You are responsible for all access to the system and activity of your account, initiated through your username and password, and TNM is not responsible whatsoever in the event that your username and password is used, or misused by a third party. Apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a username or password, must be communicated to TNM immediately.
Payment for the services charged to your credit card will appear on your statement as a payment to “Chet Holmes International”.
Rental
Users may rent movies on a one time basis by accessing the web site, selecting the movie(s), indicating their choice of viewing methods, and authorizing payment through their Credit Card.
Disclaimer of Warranties and Limit of Liability
TNM disclaims all warranties; including without limitation any implied warranties of fitness for a particular purpose, and non infringement. TNM makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted at all times (iii) the quality of text, audio and video provided by the service will meet your expectations, or that (iv) any errors in the software will be corrected. Your use of the service, which is provided on an “as is’ and “as available” basis, is at your sole risk. In no event shall TNM its subsidiaries, affiliates, officers, agents, associates, joint ventures, partnerships, divisions, employees, heirs, or assignees, be liable for any damages whatsoever arising out of this agreement or the use of the services, including, without limitation: any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft, destruction, alteration, or unauthorized access of records, whether for breach of contract, negligence, or under any other cause or action. The only remedy available to the subscriber shall be strictly limited to the ability of the subscriber to terminate their subscription. Despite the foregoing, if a court of competent jurisdiction awards direct damages from a dispute by a subscriber, or casual user, with TNM, for its services, such damage shall not exceed the lower of the amount actually paid by the plaintiff to TNM in the most recent transaction, or us$20.00.
Ownership
All material displayed on the Service, except for public domain material and electronic messages, is copyrighted by TNM, MyBizU.com, and/or Chet Holmes International and may not be copied, downloaded, or redistributed, in whole or in part, without the prior written consent of TNM, MyBizU.com, and/or Chet Holmes International unless otherwise clearly stated in this Agreement. Any violation of copyright laws will result in prosecution to the maximum extent possible under the law.
Privacy Policy
The personal information that you provide to TNM during registration, is subject to TNM’s Privacy Policy.
Indemnity
Users of the services are bound to indemnify and hold TNM, its subsidiaries, affiliates, officers, agents, associates, joint ventures, partnerships, divisions, employees, heirs, or assignees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of use of the Service, connection to the Service, your violation of the SOT, or your violation of any rights of another.
Notices
TNM and/or Chet Holmes International may mail all notices specific to you via your e-mail address. Notices of a general nature will be posted on this website. It is your responsibility to keep yourself advised by periodically reading the posted notices.
Governing Law
This agreement shall be governed by California law and any action to enforce the agreement shall be brought in a court of appropriate jurisdiction in Marin County, California.
Entire Agreement
This SOT constitutes the entire agreement between you and TNM and Chet Holmes International hereto with respect to the Services hereof and cancels and supersedes any prior understandings or agreements, whether written or oral, with respect to the Services herein. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, expressed implied or statutory, or other duties or obligations between the parties respective the Services hereof other than as expressly set forth in this Agreement.
No Assignment
This Agreement may not be assigned unless agreed to in writing by TNM hereto.
Headings
All headings in this Agreement are inserted for ease of reference only and shall not affect the construction or interpretation of this Agreement. |
