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This Web Site ("Site") is offered to you, the user, conditioned on your acceptance without modification of these Terms of Use. Your use of this Site constitutes your agreement to the Terms of Use. The Jade Tiger Productions network of Web Sites and related Internet media properties (the "Site") is an online product and information service provided by the Jade Tiger Productions company ("Jade Tiger Productions"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. JADE TIGER PRODUCTIONS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. This Site and the information offered by the Site are for your personal and noncommercial use. As a condition of your use of this Site and the Publications, you warrant to Jade Tiger Productions that you will not use this Site or the information contain herein for any purpose that is unlawful or prohibited by these Terms of Use. 1. Copyright, Licenses and Idea Submissions Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are Paul Herman, Jade Tiger Productions, and its affiliates or other third party licensers. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own noncommercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Jade Tiger Productions a non-exclusive, royalty-free, worldwide, sublicensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Internet (such as bulletin boards, forums and newsgroups) or by e-mail to me or to friends and associates of Jade Tiger Productions by all means and in any media now known or hereafter developed. You also grant to Jade Tiger Productions the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Jade Tiger Productions for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Jade Tiger Productions. If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please contact the administrator immediately with your concerns. 2. Trademarks Jade Tiger, Jadetiger, Jade Tiger Films, Jadecats, Industry Jam, Dead Bolt, Shen Chuan, Raise the Green, Art with a Heart Foundation, September Moon and/or any other names of Jade Tiger Productions or its network of Web sites, publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Jade Tiger Productions, including the "look" and "feel" of the Site, Jade Tiger Productions' color combinations, layout, and all other graphical elements. Any use of Jade Tiger Production's trademarks is strictly prohibited without the express permission from Jade Tiger Productions. Other product links and company names mentioned in the Site may be the trademarks of their respective owners. 3. Use of the Site You understand that, except for information, products or services clearly identified as being supplied by Jade Tiger Productions, Jade Tiger Productions does not operate, control or endorse any information, products or services on the Internet in any way. Except for Jade Tiger Productions-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with Jade Tiger Productions. You also understand that Jade Tiger Productions cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. In connection with your use of the Site, you agree you will not:
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. JADE TIGER PRODUCTIONS PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND JADE TIGER PRODUCTIONS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. JADE TIGER PRODUCTIONS HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN NO EVENT WILL JADE TIGER PRODUCTIONS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF JADE TIGER PRODUCTIONS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, JADE TIGER PRODUCTIONS' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. Special Admonitions for International Use Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Dealings with Third Parties Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Jade Tiger Productions shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings. Links The Site may provide, or third parties may provide, links to non-Jade Tiger Productions Internet World Wide Web sites or resources. Because Jade Tiger Productions has no control over such sites and resources, you acknowledge and agree that Jade Tiger Productions 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. You further acknowledge and agree that Jade Tiger Productions shall 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. Miscellaneous This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Jade Tiger Productions' failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Jade Tiger Productions may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved. LIABILITY DISCLAIMER THE INFORMATION, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE AND/OR THE PUBLICATIONS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JADE TIGER PRODUCTIONS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME. JADE TIGER PRODUCTIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON OR OBTAINED THROUGH THIS SITE AND/OR THE PUBLICATIONS FOR ANY PURPOSE, OR THE RESULTS THAT MAY BE OBTAINED FROM USING THE SITE AND/OR THE PUBLICATIONS. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. JADE TIGER PRODUCTIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE AND NONINFRINGEMENT. IN NO EVENT SHALL JADE TIGER PRODUCTIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE AND/OR THE PUBLICATIONS OR WITH THE DELAY OF OR INABILITY TO USE THIS SITE AND/OR THE PUBLICATIONS, OR FOR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE AND/OR THE PUBLICATIONS OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE OR THE PUBLICATIONS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JADE TIGER PRODUCTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
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