Terms of Use

ACCEPTANCE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS AND AGREE TO OUR PRIVACY POLICY. These terms and conditions may be changed in the future without further notice. Please check this page for periodic changes. Continued use of these websites after any such revision or modification constitutes your acceptance of the terms and conditions as so revised or modified. Further, these terms and conditions apply exclusively to your access to, and use of, this website (and the websites of InterMedia's affiliates, together collectively referred to as "InterMedia"), supersede all prior or contemporaneous agreements and understandings with respect to these websites, and do not alter in any way the terms or conditions of any other agreement you may have with InterMedia for publications, products, services, or otherwise.

Questions or comments about these websites may be directed to InterMedia's Webmaster webmaster@intermedia .com.

WEBSITE ACCESS

You agree to comply with all of these terms and conditions, and all applicable laws, regulations, and rules when you use InterMedia's websites. InterMedia's websites are provided only for your personal, non-commercial use. InterMedia may deny your access to these websites and pursue any available legal remedies if it determines, in its sole discretion, that you have breached any of these terms and conditions, including, but not limited to, any act which infringes or violates the rights of others.

These websites are controlled, maintained and operated by InterMedia, at least in part, by personnel and equipment located in New York, New York, USA. While InterMedia endeavors to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies or omissions and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice.

CHILDREN

Our websites are not for use by minors. We offer products and services that may be appropriate for minors, but if you are under the age of 18 you may use our websites only with the involvement of a parent or guardian.

G&A SERVICES

G&A Services (MyG&A profile, Comments, Gun Directory, G&A Guide, and Forums) allow MyG&A Members to post and share content through the Guns & Ammo website with other Users. Please choose carefully the information you post on or through the G&A Services and that you provide to other Users.  The information you post through the G&A Services may not include any form of Prohibited Content, as outlined in Section 8 below.  Despite this prohibition, information, materials, products or services provided by other MyG&A Members (for instance, in their comments or entries) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and InterMedia assumes no responsibility or liability for this material.  If you become aware of misuse of the G&A Services by any person, please click on the "Contact" link at the bottom of the page.

InterMedia reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the G&A Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. InterMedia expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the G&A Services if InterMedia determines, in its sole discretion, that you have violated this Agreement or pose a threat to InterMedia and/or its Users.

1.     Eligibility. Use of the G&A Services and registration to be a Member for the G&A Services ("Membership") is void where prohibited.  By using the G&A Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the G&A Services does not violate any applicable law or regulation.  Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older.

2.     Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the G&A Services or are a Member.  You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Preferences page. InterMedia may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability.  Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.

3.     Fees. You acknowledge that InterMedia reserves the right to charge for any portion of the G&A Services and to change its fees (if any) from time to time in its discretion.  If InterMedia terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

4.     Password. When you sign up to become a Member, you will also be asked to choose a password.  You are entirely responsible for maintaining the confidentiality of your password.  You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party.  You agree to notify InterMedia immediately if you suspect any unauthorized use of your account or access to your password.  You are solely responsible for any and all use of your account.

5.     Use by Members. The G&A Services are for the personal use of Members and may not be used for promotional purposes, unless these direct commercial endeavors have been authorized by InterMedia.  InterMedia reserves the right to remove commercial content in its sole discretion.  Illegal and/or unauthorized use of the G&A Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the G&A Website, or employing third party promotional sites or software to promote profiles for money, is prohibited.  Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member entries without notice or explanation and may result in termination of Membership privileges.  InterMedia reserves the right to take appropriate legal action for any illegal or unauthorized use of the G&A Services.

6. Proprietary Rights in Content on InterMedia.

6.1        InterMedia does not claim any ownership rights in the text, files, images, photos, video, works of authorship, or any other materials (collectively, "Content") that you post on or through the G&A Services.  After posting your Content to the G&A Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein.  By displaying or publishing ("posting") any Content on or through the G&A Services, you hereby grant to InterMedia a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the G&A Services, including without limitation distributing part or all of the Guns & Ammo Website, or affiliated websites, in any media formats and through any media channels. This limited license does not grant InterMedia the right to sell or otherwise distribute your Content outside of the G&A Services. 

6.2        The license you grant to InterMedia is non-exclusive (meaning you are free to license your Content to anyone else in addition to InterMedia), fully-paid and royalty-free (meaning that InterMedia is not required to pay you for the use on the G&A Services of the Content that you post), sublicensable (so that InterMedia is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the G&A Services), and worldwide (because the Internet and the G&A Services are global in reach).

6.3        You represent and warrant that: (i) you own the Content posted by you on or through the G&A Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the G&A Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.  You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the G&A Services.

6.4    The G&A Services contain Content of InterMedia ("InterMedia Content").  InterMedia Content is protected by copyright, trademark, patent, trade secret and other laws, and InterMedia owns and retains all rights in the InterMedia Content and the G&A Services.  InterMedia hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the InterMedia Content (excluding any software code) solely for your personal use in connection with viewing the G&A Website and using the G&A Services.

6.5    The G&A Services contain Content of Users and other InterMedia licensors.  Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the G&A Services.

6.6    InterMedia performs technical functions necessary to offer the G&A Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the G&A Services.

7. Content Posted.

7.1    InterMedia  may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of InterMedia violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. InterMedia  assumes no responsibility for monitoring the G&A Services for inappropriate Content or conduct.  If at any time InterMedia chooses, in its sole discretion, to monitor the G&A Services, InterMedia nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

7.2    You are solely responsible for the Content that you post on or through any of the G&A Services, and any material or information that you transmit to other Members and for your interactions with other Users.

8.  Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the G&A Services.  InterMedia reserves the right to investigate and take appropriate legal action against anyone who, in InterMedia's sole discretion, violates this provision, including without limitation, removing the offending Content from the G&A Services and terminating the Membership of such violators.  Prohibited Content includes, but is not limited to, Content that, in the sole discretion of InterMedia:

8.1    is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

8.2    harasses or advocates harassment of another person;

8.3    exploits people in a sexual or violent manner;

8.4    contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

8.5    solicits personal information from anyone;

8.6    publicly posts information that poses or creates a privacy or security risk to any person;

8.7    constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8.8    constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

8.9    involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

8.10  contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

8.11  furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

8.12  solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;

8.13  involves commercial activities and/or sales without prior written consent from InterMedia such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

8.14  violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on the G&A Website and through your use of the G&A Services.  InterMedia reserves the right to investigate and take appropriate legal action against anyone who, in InterMedia's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.  Prohibited activity includes, but is not limited to:

8.15  criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

8.16  advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the G&A Services.  You may not transmit any chain letters or junk email to other Members.  In order to protect our Members from such advertising or solicitation, InterMedia reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which InterMedia deems appropriate in its sole discretion.  If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the G&A Services, you acknowledge that you will have caused substantial harm to InterMedia, but that the amount of such harm would be extremely difficult to ascertain.  As a reasonable estimation of such harm, you agree to pay InterMedia $50 for each such unsolicited email or other unauthorized commercial communication you send through the G&A Services;

8.17  circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the G&A Services;

8.18  activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

8.19  interfering with, disrupting, or creating an undue burden on the G&A Services or the networks or services connected to the G&A Services;

8.20  impersonating or attempting to impersonate another Member, person or entity;

8.21  using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

8.22  selling or otherwise transferring your profile;

8.23  using any information obtained from the G&A Services in order to harass, abuse, or harm another person or entity, or attempting to do the same; or

8.24  using the G&A Services in a manner inconsistent with any and all applicable laws and regulations.

9. Protecting Copyrights and Other Intellectual Property. InterMedia respects the intellectual property of others, and requires that our users do the same.  You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  InterMedia has the right to terminate the Membership of infringers.

Any copyright owner or authorized agent who believes that any materials, information or text displayed on these websites or the Forums infringes their copyrights, may submit a notification pursuant to the U.S. Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent, Copyright Agent, InterMedia, 512 Seventh Ave, 11th Floor, New York, NY 10018, with the following information in writing:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit InterMedia to locate the material;
• information reasonably sufficient to permit InterMedia to contact the copyright owner or its agent, such as an address, telephone number, and, if available, an electronic mail address;
• a statement that the copyright owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that only DMCA notices should go to InterMedia's Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to InterMedia's Webmaster webmaster@intermedia .com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Trademarks. "InterMedia" and InterMedia's products and services described in these websites are either trademarks or trade names of InterMedia and its licensors, or are the property of their respective owners. These marks may not be copied, imitated, or used, in whole or in part, with the express prior written permission of InterMedia. In addition, page headers, custom graphics, button icons, and scripts, may be service marks, trademarks, or trade dress of InterMedia, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of InterMedia.

10. Privacy. Use of the G&A Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

11. Disclaimers. InterMedia is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the G&A Services, whether caused by Users of the G&A Services or by any of the equipment or programming associated with or utilized in the G&A Services and such User Content does not necessarily reflect the opinions or policies of InterMedia.  Profiles and third party applications created and posted by Members on the G&A Website may contain links to other websites.  InterMedia is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by InterMedia.  Inclusion of any linked website on the G&A Services does not imply approval or endorsement of the linked website by InterMedia.  When you access these third party sites, you do so at your own risk.  InterMedia takes no responsibility for third party advertisements or third party applications that are posted on or through the G&A Services, nor does it take any responsibility for the goods or services provided by its advertisers. InterMedia is not responsible for the conduct, whether online or offline, of any User of the G&A Services. InterMedia assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. InterMedia is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the G&A Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the G&A Services.  Under no circumstances shall InterMedia be responsible for any loss or damage, including personal injury or death, resulting from use of the G&A Services, attendance at a InterMedia event, from any User Content posted on or through the G&A Services, or from the conduct of any Users of the G&A Services, whether online or offline.  The G&A Services are provided "AS-IS" and as available and InterMedia expressly disclaims any warranty of fitness for a particular purpose or non-infringement.  InterMedia cannot guarantee and does not promise any specific results from use of the G&A Services.

12. Limitation on Liability. IN NO EVENT SHALL INTERMEDIA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE G&A SERVICES, EVEN IF INTERMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INTERMEDIA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO INTERMEDIA FOR THE G&A SERVICES DURING THE TERM OF MEMBERSHIP.

13. U.S. Export Controls. Software available in connection with the G&A Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the G&A Services or otherwise exported or re-exported in violation of U.S. export laws.  Downloading or using the Software is at your sole risk.

14. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions.  You and InterMedia agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the G&A Services.  EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.  FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

15. Indemnity. You agree to indemnify and hold InterMedia  , its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the G&A Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the G&A Services causes InterMedia to be liable to another.

16. Other. This Agreement is accepted upon your use of the Guns & Ammo Website or any of the G&A Services and is further affirmed by you becoming a Member.  This Agreement constitutes the entire agreement between you and InterMedia regarding the use of the G&A Services.  The failure of InterMedia to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  The section titles in this Agreement are for convenience only and have no legal or contractual effect. InterMedia is a trademark of InterMedia, Inc.  This Agreement operates to the fullest extent permissible by law.  If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

COMMERCIAL USE NOT PERMITTED

No commercial use of the information on or under these websites is licensed or permitted. For example, the use of automated systems (e.g., robots, spiders, or other information scrapers) to access, acquire, or download information on these websites is expressly prohibited. Notwithstanding the foregoing, the use of reputable commercial spider engines that crawl the website for purposes of building or maintaining standard, publicly-available search engine indices (such as those maintained by Google and Yahoo!) are permitted. In addition, the collection of any information from these websites, including any email address or other personally identifiable information of users is prohibited.

DISCLAIMERS, WARRANTIES, AND LIMITATIONS OF LIABILITY

Disclaimers.INTERMEDIA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, COMPLETENESS, TIMELINESS, ACCURACY OR SUITABILITY OF THE INFORMATION OR USER MATERIAL, HYPERLINKS OR WEBSITES ACCESSIBLE BY HYPERLINKS FROM THESE WEBSITES, OR OTHER MATERIALS CONTAINED ON THESE WEBSITES OR IN THE FORUMS. YOU MAY NOT RELY ON ANY MATERIALS PROVIDED BY OR SUBMITTED TO THE FORUMS OR INTERMEDIA. INTERMEDIA DOES NOT CONTROL OR ENDORSE THE MATERIALS OR INFORMATION CONTAINED ON THE FORUMS. OUR WEBSITES, THE FORUMS, AND ALL INFORMATION AND MATERIALS CONTAINED ON THE FORUMS, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INTERMEDIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION AND MATERIALS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. AS A CONDITION OF YOUR USE OF THE FORUMS, YOU WARRANT TO INTERMEDIA THAT YOU WILL NOT USE THE FORUMS FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OR ANY APPLICABLE LAW.

Limitation of Liability. INTERMEDIA, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH WEBSITE CONTENT, AND/OR ANY ERRORS OR OMISSIONS, VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, THE USE, INABILITY TO USE, OR PERFORMANCE OF THE FORUMS OR THE INFORMATION OR MATERIALS AVAILABLE FROM THE FORUMS, OR ANY LOSS, BUSINESS INTERRUPTION, OR ANY USE OF THE FORUMS BY ANY PERSON, OR OTHER DAMAGES IN CONNECTION THEREWITH. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless InterMedia, its affiliates, and its and their respective officers, directors, employees, agents, suppliers, licensors and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the websites and/or Forums, including, without limitation, in connection with any User Material, submitted, posted or displayed by you on the Forums, or any violation by you of these website terms, any applicable law or any rights of another person or entity.

DISPUTE RESOLUTION

If any controversy, dispute or claim arises out of or related to your use of InterMedia's websites, the Forums, or any User Material posted on or submitted to InterMedia's websites or the Forums, the dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, InterMedia reserves all rights to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the User Material, breach of your confidentiality obligations, or any other violations hereunder.

EXCLUSIVE JURISDICTION, GOVERNING LAW

Except as otherwise expressly provided, the exclusive venue for all litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated in connection with these websites, the Forums and/or the User Material or their use is New York, New York, USA. These website terms and the relationship between you and InterMedia will be governed by the laws of the State of New York, USA, without giving effect to principles of conflict of laws of any jurisdiction. If any part of these website terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these website terms shall continue in effect.

MISCELLANEOUS

Use of these websites or the Forums is unauthorized from any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and InterMedia as a result of these website terms, InterMedia's Privacy Policy, or use of the Forums. InterMedia's performance of these website terms is subject to existing laws and legal process, and nothing contained in these terms or InterMedia's Privacy Policy is in derogation of InterMedia's right to comply with law enforcement requests or requirements relating to your use of these websites, the Forums, or information provided to or gathered by InterMedia with respect to such use. These terms and the other documents referenced herein constitute the entire agreement between you and InterMedia with respect to these websites and the Forums, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and InterMedia with respect to InterMedia's websites or the Forums. A printed version of these terms and of any notice given in electronic form shall be admissible in judicial, arbitration or administrative proceedings based upon or relating to these website terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding any of these terms, InterMedia reserves the right, without notice and in its sole discretion, to terminate your license to use these websites or the Forums, and to block or prevent future access to the same.

Last updated June 23, 2008