iTourVideo User Agreement
Right to Use: iTourVideo reserves the right to use a copy of all media.
Standards. User agrees that he will refrain from using obscene or immoral text,
video, pictures or media of any kind in any entries into the iTourVideo
program. iTourVideo, in its sole and absolute discretion, may modify or delete
any such entries which do not meet appropriate standards, and furthermore,
iTourVideo may cancel the user’s subscription if it deems necessary in order to
enforce this provision.
Copyright Infringement. User agrees not to use music, pictures, text, video or
other forms of media which violate any copyrights.
Indemnification by User. User shall indemnify, defend, and hold iTourVideo and
OrangeWare harmless from and against any and all actions, suits, claims,
proceedings, liabilities, damages, losses and expenses (including the
reasonable fees of attorneys and other professionals and related costs and
expenses) arising directly or indirectly out of or in connection with any claim
related to the distribution or use of media or information that violates any
trade secret, trademark, copyright, or any other intellectual or industrial
property right of any third party. User shall pay any liabilities, damages,
costs and expenses finally awarded in any such action, claim, suit or
proceeding. Applicable Law, and Jurisdiction. This Agreement shall be governed
by the laws of the State of California, without reference to its conflict of
laws provisions. This Agreement shall not be governed by the United Nations
Convention on Contracts for the International Sale of Goods, the application of
which is hereby expressly excluded. This Agreement shall be deemed for all
purposes to be entered into and performed at Anaheim, California. Each
party consents to the exclusive jurisdiction of and venue in the state and
federal courts located in Orange County, California, for all disputes
pertaining to or arising from this Agreement or dealings between the parties.
DISCLAIMER OF OTHER WARRANTIES. ITOURVIDEO AND ORANGEWARE PROVIDE NO WARRANTY,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ITOURVIDEO AND ORANGEWARE
MAKES NO, AND SPECIFICALLY DISCLAIMS ALL, REPRESENTATIONS, GUARANTEES, OR
WARRANTIES TO ANY PERSON OR ENTITY REGARDING THE USE OR THE RESULTS OF THE USE
OF THE ITOURVIDEO PROGRAM. LIMITATION OF LIABILITY; CONSEQUENTIAL DAMAGES. IN
NO EVENT SHALL EITHER OF THE PARTIES HERETO BE LIABLE TO THE OTHER FOR THE
PAYMENT OF ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF
PROFITS, REVENUE, DATA, OR USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS,
SERVICES OR TECHNOLOGY INCURRED BY EITHER PARTY OR ANY THIRD PARTY, WHETHER IN
AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY, EVEN IF SUCH PARTY OR ANY
OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, ITOURVIDEO OR ORANGEWARE SHALL NOT BE
LIABLE UNDER THIS AGREEMENT FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE FEES
PAID TO IT HEREUNDER. THE REMEDIES PROVIDED FOR HEREIN EMBODY THE ESSENTIAL
PURPOSE OF THE PARTIES HERETO WITH RESPECT TO REMEDIAL ACTION IN THE EVENT OF
BREACH OF THIS AGREEMENT.
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