Last Updated: September, 23, 2009
Welcome to the web sites and web properties operated by CoreCodec, Inc. ("CoreCodec"). We make available a number of services through these sites and properties (referred as the "site"). Please read this agreement carefully. it explains how you can use the site, what you can't do on the site.
Be sure to read and understand each section of the agreement that applies to your personal use of the site.
None of our software, nor anything on the site is yours. Do not attempt to hack, circumvent, reverse engineer, or otherwise interfere with the site, our services, the software (including encryption or security technologies), or anything else you don't own. Please keep all copyright and other notices intact, and please remember that the content is subject to copyright. You understand that you use the site at your own risk. We are not responsible for your use or misuse of anything you find here, nor are we responsible if you are offended or insulted or otherwise harmed.
If you contribute by commenting, modding, or otherwise participating, there are limits on what you should do. We don't review anything before you post it and we have no obligation to undo anything you or anyone else has done (although we reserve the right to do so at anytime).
As a guideline here are some general rules:
- Do no harm. Do not post anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, invasive of privacy or publicity rights, hateful, violent, threatening, or racially, sexually, ethnically or otherwise objectionable.
- Don't steal or pirate. Don't post anything that you don't own or have the right to transmit and share. It is our policy to respond to notices of alleged copyright infringement that comply or substantially comply with the Digital Millennium Copyright Act ("DMCA"), (the text of which can be found at the U.S. Copyright Office Web Site).
- Don't undermine our ratings systems.
- Don't solicit. No posting of any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation.
- Do not disturb. Do not interfere with or disrupt any of our services, servers or networks connected to our services, or disobey any requirements, procedures, policies or regulations of networks connected to our services or our site itself.
Please notify us at [email protected] if you come across conduct that you believe violates this agreement or is contrary to the spirit of our community.
If you purchase software, services, content, or anything else on our site, recognize that it is governed by license and/or law, treat it accordingly. In particular, our software is governed by intellectual property laws and export control laws, and Content is governed by license and intellectual property laws; compliance with these and other applicable laws is your responsibility. Unless we specifically tell you otherwise, all purchases you make are final. We do want you to be happy, so if you experience technical difficulties or if you have questions, please contact us at [email protected].
If You Link to us, thank you. But it's important that we protect the integrity of the CoreCodec and its related products, brands, and logos. So, you may link to the site, but only if you use the linking code we provide to you and if you comply with the CoreCodec Trademark and Usage Guidelines.
THE SITE, INCLUDING WITHOUT LIMITATION ALL INFORMATION, CONTENT AND SERVICES MADE AVAILABLE ON IT, IS PROVIDED "AS IS" AND WITH NO WARRANTY OF ANY KIND. CORECODEC EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE VIEW OR OBTAIN CONTENT, SOFTWARE AND/OR OTHER MATERIAL THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE VIEWING OR DOWNLOAD OF SUCH CONTENT, SOFTWARE OR OTHER MATERIAL.
THIS SITE IS CONTROLLED AND OPERATED BY CORECODEC FROM ITS FACILITIES IN THE UNITED STATES. CORECODEC MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL CORECODEC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR ITS SERVICES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CORECODEC SHALL NOT BE LIABLE FOR ANY THIRD PARTY CONTENT YOU ACCESS, DOWNLOAD AND/OR PURCHASE THROUGH THE SITE OR FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL ACTIVITIES OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM FROM ANY OF THE FOREGOING LIES ENTIRELY WITH YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THE TERMS CONTAINED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL CORECODEC BE LIABLE TO YOU FOR ANY AMOUNT.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against CoreCodec and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the site. If you are a California resident, you specifically agree to waive your rights under California Civil Code § 1542, which states, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Residents of other jurisdictions similarly waive their rights under applicable and/or analogous laws, statutes or regulations.
You agree to defend, hold harmless and indemnify CoreCodec, its officers, directors, employees or agents, from and against any third party claim arising from or in any way related to your use or misuse of the site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, CoreCodec will provide you with written notice of such claim, suit or action.
Governing Law; Venue.
This agreement shall be construed as if jointly drafted by the parties. This agreement shall be governed by and construed and enforced in accordance with the laws of the New Jersey (United States of America) without regard to its rules on conflict of laws or any other rules that would result in the application of a different body of law. Any legal proceedings arising out of or relating to this agreement or its alleged breach shall be brought in the Federal District Court for New Jersey. The parties hereby submit to the exclusive personal jurisdiction of these courts and hereby waive any forum, venue or other challenge to the appropriateness of such courts. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. The parties also unconditionally waive their respective rights to a jury trial for any claim or cause of action arising out of or relating to, directly or indirectly, this agreement or the subject matter thereof.
NOTICE: The term "CoreCodec ®" is a trademark of CoreCodec, Inc. ©2009 All rights reserved. All other marks that appear throughout the site belong to CoreCodec or the respective owners of such marks and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Site without the express written authorization of CoreCodec or the owner of the mark, as appropriate, is strictly prohibited.