SpotMagic Web Site Terms of Use

Your access to and use of this web site, www.spotmagic.com (the "Site") is subject to the following terms and conditions ("Terms and Conditions"), the additional disclaimers and caveats that may appear throughout the Site, and all applicable laws. By accessing, downloading, browsing and printing material displayed on the Site, you accept, without limitation or qualification, the Terms and Conditions, and acknowledge that any other agreements between you and SpotMagic, Inc. ("SpotMagic") relating to your use of the Site are superseded and of no force or effect. If you violate any of these Terms and Conditions, SpotMagic shall have the right to deny you permission to use the Site.

Terms and Conditions

1. You should assume that everything you see or read on the Site is copyrighted and/or trademarked unless otherwise noted and may not be used except as provided in these Terms and Conditions without the prior written consent of SpotMagic. SpotMagic neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with SpotMagic.

2. SpotMagic maintains the Site for information, education, and communication. Please feel free to browse the Site. You may access, download, and print material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site, including but not limited to, the text, images, audio, and video for public or commercial purposes without the prior written consent of SpotMagic.

3. While SpotMagic uses reasonable efforts to include accurate and up to date information in the Site, SpotMagic makes no warranties or representations as to its accuracy. SpotMagic and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on the Site. While SpotMagic strives to keep the information on the Site accurate, complete, and up-to-date, SpotMagic cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information.

4. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPOTMAGIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT..

a. SPOTMAGIC MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

b. SPOTMAGIC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A SUPPLIER RELATIONSHIP (EACH AN "AFFILIATE ") IN CONJUNCTION WITH THE SITE.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPOTMAGIC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

e. SPOTMAGIC ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE SITE.

5. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SPOTMAGIC BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) ANY FAILURE, DELAY, OR DECISION BY SPOTMAGIC IN ADMINISTERING THE SITE; (III) THE USE OR INABILITY TO USE THIS SITE; (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, (V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (VII) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF SPOTMAGIC, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FURTHER, IN NO EVENT WILL ANY AFFILIATE BE LIABLE TO YOU FOR NON-PERFORMANCE OF SPOTMAGIC'S OBLIGATIONS. YOU AGREE NOT TO SUE ANY AFFILIATE FOR NON-PERFORMANCE BY SPOTMAGIC. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

6. You agree to indemnify and hold SPOTMAGIC, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the site, the violation of these policies by you, or the infringement by you, or other user of the program using your account, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications.

7. Any communication or material transmitted by you to the Site for use by the Site, , or for any other reason whatsoever, by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by SpotMagic or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, re-transmission, publication, broadcast and posting. Furthermore, SpotMagic is free to use any ideas, concepts, know-how, or techniques contained in any communication sent by you to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

8. Images of people or places displayed on the Site are either the property of, or used with permission by, SpotMagic. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

9. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including, without limitation, the SpotMagic logo, are registered and/or unregistered Trademarks of SpotMagic. All other trademarks are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of SpotMagic or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that SpotMagic will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution.

10. The Site is a corporate portal, and, as such contains hyperlinks to web sites operated by parties other than SpotMagic. However, SpotMagic does not control such web sites, and is not responsible for their contents. SpotMagic's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on these Affiliate sites, or the merchandise contained thereon, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Specifically, the product warranties contained in these Terms and Conditions apply only to merchandise purchase on this Site, and not on the Affiliate sites. SpotMagic explicitly disclaims any and all warranties for any and all purchases made at the Affiliate sites. Furthermore, because the privacy policy contained on this Site is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information.

11. Software from the Site is further subject to United States Export Controls. No software from the Site may be downloaded or exported (i) into any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12. SpotMagic may make improvements or changes in the information, services, products, and other materials on the Site, or terminate the Site, at any time without notice. SpotMagic may at any time revise these Terms and Conditions by updating this posting, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions. Accordingly, you agree to review the Terms and Conditions periodically, and your continued access or use of the Site shall be deemed your acceptance of the modified Terms and Conditions.

13. All questions or disputes regarding the Site, including without limitation, questions or disputes regarding it's content, merchandise, products, or service offered of provided by the Site must be submitted in writing, to SpotMagic, 44 Montgomery St. Ste. 1900, San Francisco, CA 94104 or email us at inquiry @ idvm.com. All interpretations of Program Terms and Conditions shall be at the sole discretion of SpotMagic.

14. This agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. SpotMagic's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between SpotMagic and you related to this agreement or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, County of Los Angeles and/or the Central District of California. In the event of any action, suit, or proceeding arising from or based upon this agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.

PRIVACY POLICY

SpotMagic is very respectful about the privacy concerns of the visitors to its web site. SpotMagic also recognizes the valuable potential of technology to help people communicate and enter into transactions with the companies whose web sites they visit, particularly through customer databases. In order to help you understand the role technology plays in the collection and use of information you provide SpotMagic, the following explanations have been provided.

Personally Identifiable Information:

SpotMagic may collect personally identifiable information about you including, without limitation, your name, address, and email address. By gaining access to the Site, you hereby grant SpotMagic the permission to collect and utilize this data in any manner not inconsistent with purposes set forth above. Specifically, you authorize SpotMagic to disclose to third parties information you have provided, or information that SpotMagic has obtained: (i) to agents of SpotMagic or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests. Should SpotMagic decide to change its data collection practice, all such changes would be immediately posted in this area. Please make sure that you review this policy statement from time to time.

Non-Personally Identifiable Information:

We catalog traffic patterns throughout the site, including information on the number, time and length of sessions. We gather this data to optimize site conditions for our users. At present, this data is for internal use only.

Children under 18 years of age:

SpotMagic does not intentionally enter into transactions with individuals under eighteen (18) years of age, and, so, does not intentionally collect any personally identifiable information (e.g., name, address, telephone number, or email address) from such individuals without the permission of his or her parent or guardian.

If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: inquiry @ idvm.com.

PROPRIETARY RIGHTS

All materials on this site (as well as the organization and layout of the site) are owned and copyrighted by SpotMagic, Inc. 1997 - 2008. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the written permission of SpotMagic. The names SpotMagic, SpotComposer, SpotTuner, SpotPlayer, IDVMedia, SpotMedia, and SimpleToon, and the domain names spotmagic.com, spotmagic.net, simpletoon.com,and magichelp.com, and the SpotMagic logo are registered and/or unregistered trademarks of SpotMagic. All other trademarks, if any, are the property of their respective owners.

			SpotMagic Web Site Terms of Use Your access to and use of this web site, www.spotmagic.com (the "Site") is subject to the following terms and conditions ("Terms and Conditions"), the additional disclaimers and caveats that may appear throughout the Site, and all applicable laws. By accessing, downloading, browsing and printing material displayed on the Site, you accept, without limitation or qualification, the Terms and Conditions, and acknowledge that any other agreements between you and SpotMagic, Inc. ("SpotMagic") relating to your use of the Site are superseded and of no force or effect. If you violate any of these Terms and Conditions, SpotMagic shall have the right to deny you permission to use the Site. Terms and Conditions 1. You should assume that everything you see or read on the Site is copyrighted and/or trademarked unless otherwise noted and may not be used except as provided in these Terms and Conditions without the prior written consent of SpotMagic. SpotMagic neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with SpotMagic. 2. SpotMagic maintains the Site for information, education, and communication. Please feel free to browse the Site. You may access, download, and print material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site, including but not limited to, the text, images, audio, and video for public or commercial purposes without the prior written consent of SpotMagic. 3. While SpotMagic uses reasonable efforts to include accurate and up to date information in the Site, SpotMagic makes no warranties or representations as to its accuracy. SpotMagic and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on the Site. While SpotMagic strives to keep the information on the Site accurate, complete, and up-to-date, SpotMagic cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information. 4. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPOTMAGIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.. a. SPOTMAGIC MAKES NO WARRANTY THAT: (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. b. SPOTMAGIC DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY A CORPORATE PARTNERING RELATIONSHIP, INCLUDING WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A MERCHANT RELATIONSHIP, OR A SUPPLIER RELATIONSHIP (EACH AN "AFFILIATE ") IN CONJUNCTION WITH THE SITE. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPOTMAGIC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. e. SPOTMAGIC ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE SITE. 5. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SPOTMAGIC BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) ANY FAILURE, DELAY, OR DECISION BY SPOTMAGIC IN ADMINISTERING THE SITE; (III) THE USE OR INABILITY TO USE THIS SITE; (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OF MERCHANTS OR SUPPLIERS, (V) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (VI) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (VII) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (VII) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF SPOTMAGIC, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. FURTHER, IN NO EVENT WILL ANY AFFILIATE BE LIABLE TO YOU FOR NON-PERFORMANCE OF SPOTMAGIC'S OBLIGATIONS. YOU AGREE NOT TO SUE ANY AFFILIATE FOR NON-PERFORMANCE BY SPOTMAGIC. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. 6. You agree to indemnify and hold SPOTMAGIC, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the site, the violation of these policies by you, or the infringement by you, or other user of the program using your account, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any of your communications. 7. Any communication or material transmitted by you to the Site for use by the Site, , or for any other reason whatsoever, by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by SpotMagic or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, re-transmission, publication, broadcast and posting. Furthermore, SpotMagic is free to use any ideas, concepts, know-how, or techniques contained in any communication sent by you to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. 8. Images of people or places displayed on the Site are either the property of, or used with permission by, SpotMagic. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 9. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, including, without limitation, the SpotMagic logo, are registered and/or unregistered Trademarks of SpotMagic. All other trademarks are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of SpotMagic or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that SpotMagic will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. 10. The Site is a corporate portal, and, as such contains hyperlinks to web sites operated by parties other than SpotMagic. However, SpotMagic does not control such web sites, and is not responsible for their contents. SpotMagic's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on these Affiliate sites, or the merchandise contained thereon, and you access and use such sites, including information, material, products and services therein, solely at your own risk. Specifically, the product warranties contained in these Terms and Conditions apply only to merchandise purchase on this Site, and not on the Affiliate sites. SpotMagic explicitly disclaims any and all warranties for any and all purchases made at the Affiliate sites. Furthermore, because the privacy policy contained on this Site is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information. 11. Software from the Site is further subject to United States Export Controls. No software from the Site may be downloaded or exported (i) into any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 12. SpotMagic may make improvements or changes in the information, services, products, and other materials on the Site, or terminate the Site, at any time without notice. SpotMagic may at any time revise these Terms and Conditions by updating this posting, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions. Accordingly, you agree to review the Terms and Conditions periodically, and your continued access or use of the Site shall be deemed your acceptance of the modified Terms and Conditions. 13. All questions or disputes regarding the Site, including without limitation, questions or disputes regarding it's content, merchandise, products, or service offered of provided by the Site must be submitted in writing, to SpotMagic, 44 Montgomery St. Ste. 1900, San Francisco, CA 94104 or email us at inquiry @ idvm.com. All interpretations of Program Terms and Conditions shall be at the sole discretion of SpotMagic. 14. This agreement and the resolution of any dispute related to this Agreement or the Site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. SpotMagic's failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between SpotMagic and you related to this agreement or your use of the Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, County of Los Angeles and/or the Central District of California. In the event of any action, suit, or proceeding arising from or based upon this agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding. PRIVACY POLICY SpotMagic is very respectful about the privacy concerns of the visitors to its web site. SpotMagic also recognizes the valuable potential of technology to help people communicate and enter into transactions with the companies whose web sites they visit, particularly through customer databases. In order to help you understand the role technology plays in the collection and use of information you provide SpotMagic, the following explanations have been provided. Personally Identifiable Information: SpotMagic may collect personally identifiable information about you including, without limitation, your name, address, and email address. By gaining access to the Site, you hereby grant SpotMagic the permission to collect and utilize this data in any manner not inconsistent with purposes set forth above. Specifically, you authorize SpotMagic to disclose to third parties information you have provided, or information that SpotMagic has obtained: (i) to agents of SpotMagic or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests. Should SpotMagic decide to change its data collection practice, all such changes would be immediately posted in this area. Please make sure that you review this policy statement from time to time. Non-Personally Identifiable Information: We catalog traffic patterns throughout the site, including information on the number, time and length of sessions. We gather this data to optimize site conditions for our users. At present, this data is for internal use only. Children under 18 years of age: SpotMagic does not intentionally enter into transactions with individuals under eighteen (18) years of age, and, so, does not intentionally collect any personally identifiable information (e.g., name, address, telephone number, or email address) from such individuals without the permission of his or her parent or guardian. If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: inquiry @ idvm.com. PROPRIETARY RIGHTS All materials on this site (as well as the organization and layout of the site) are owned and copyrighted by SpotMagic, Inc. 1997 - 2008. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at this site is permitted without the written permission of SpotMagic. The names SpotMagic, SpotComposer, SpotTuner, SpotPlayer, IDVMedia, SpotMedia, and SimpleToon, and the domain names spotmagic.com, spotmagic.net, simpletoon.com,and magichelp.com, and the SpotMagic logo are registered and/or unregistered trademarks of SpotMagic. All other trademarks, if any, are the property of their respective owners.
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