The BuddyTalk Website (the "Website" or "Site") is an online communications service ("Service") provided by InnoMedia, Inc. ("InnoMedia"), subject to your compliance with the terms and conditions set forth below including, the attached BuddyTalk End User License Agreement and all exhibits hereto.
Please read this Agreement carefully before accessing or using the Site and Service, you agree to be bound by all of the terms and conditions set forth herein. If you do not wish to be bound by these terms and conditions, you may not access or use the Site or Service. InnoMedia may modify this Agreement at any time without notice and such modifications shall be deemed effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Site or Service shall be deemed your conclusive acceptance of the modified Agreement.
1. "BuddyTalk" is a trademark of InnoMedia, Inc. The "InnoMedia" logo and "BuddyTalk" logo are trademarks of InnoMedia, Inc.
2. Information on this Site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. InnoMedia may also make improvements and/or changes to the Site, or Service at any time without notice.
3. All images, text, , programs and other materials found in the BuddyTalk Website are protected by the United States copyright laws. Any commercial use of the images, text, programs or other materials found in the Website is strictly prohibited, without the express written consent of InnoMedia.
4. Elements of BuddyTalk’s Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any BuddyTalk Website may be copied or retransmitted unless expressly permitted by InnoMedia.
5. ANY LINKS AVAILABLE ON THIS SITE WILL ENABLE YOU TO LEAVE THE BUDDYTALK SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF INNOMEDIA AND INNOMEDIA IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, trojan horses and other items of a destructive nature. INNOMEDIA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY INNOMEDIA OF THE SITE. ADDITIONALLY, OTHER MARKS WHICH APPEAR ON THIS SITE MAY BE MARKS OF THIRD PARTIES THAT ARE NOT AFFILIATED WITH INNOMEDIA. INNOMEDIA AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. IN NO EVENT WILL INNOMEDIA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. InnoMedia cannot and does not guarantee or warrant that the files available for downloading from 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. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, SERVICE AND THE INTERNET. ALL SERVICES PROVIDED BY INNOMEDIA ARE PROVIDED "AS IS". INNOMEDIA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY TRANSACTION PERFORMED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND INNOMEDIA SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. INNOMEDIA DOES NOT WARRANT THAT THE SITE, OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE, OR SERVICE WILL BE CORRECTED.
7. IN NO EVENT WILL INNOMEDIA 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 SITE, OR SERVICE, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF INNOMEDIA 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, OR HYPERLINKED FROM, THE SITE.
8. You agree to indemnify, defend and hold InnoMedia, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Site or Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. The provisions of this paragraph are for the benefit of InnoMedia and its officers, directors, employees, agents, shareholders, licensors, suppliers to the Site, or Service. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
9. This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Site, Service and after you have terminated this Agreement. The provisions of this Agreement shall survive its termination.
10. This Agreement shall be governed and construed in accordance with the laws of the State of California. You agree that in any legal action or proceeding between you and InnoMedia for any purpose concerning this Agreement, you agree to submit to exclusive jurisdiction in Santa Clara County, California and you expressly waive all defenses to jurisdiction. Any cause of action or claim you may have with respect to the Site, or Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. InnoMedia’s 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 not trade practice shall act to modify any provision of this Agreement. InnoMedia may assign its rights and duties under this Agreement to any party at any time without notice to you.
** BuddyTalk accounts will expire 1 year from date of purchase. Recharging of an account prior to its expiration will automatically extend its expiration date by 1 year from date of recharge. **