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Terms of Use

PLEASE REVIEW BEFORE USING THIS SITE

AUTOVOD, a California corporation, provides this Web site (the "Site") as a service to its customers. By using the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SITE. AUTOVOD may change these Terms of Use from time to time, at AUTOVOD's sole discretion. Your continued use of the Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the Site to review the current version of these Terms of Use. AUTOVOD also operates other Web sites which may be subject to their own terms. Please review those Web sites for their applicable terms of use.

SECTION 1: GENERAL PROVISIONS

USE OF INFORMATION AND SOFTWARE AVAILABLE ON THE SITE

You acknowledge that AUTOVOD reserves the right to modify, revise or discontinue the Site, or any features, functionality or services provided as part of or in connection with the Site, without prior notice.

Generally speaking, all information or materials contained on the Site, including but not limited to all graphics, images, video clips, audio, video, images, or other types of content (the "Site Information"), is the property of AUTOVOD or its suppliers or licensors.

Certain portions of the Site have been designated as areas in which registered users may post information or materials (defined below as "Posted Information"). All such Posted Information remains property of its respective owner. Please see "Section 2: Posted Information" below for further details regarding Posted Information.

Unless otherwise noted in a particular document, AUTOVOD hereby authorizes you to electronically copy or print in hard copy any document published by AUTOVOD on the Site solely for your internal reference purposes within your organization. In consideration of and as a condition to this authorization, you agree that all such copies shall retain all copyright and other proprietary notices contained therein.

Any other use of information provided by AUTOVOD without prior written approval from AUTOVOD or the appropriate supplier or licensor is strictly prohibited.

Certain documents published on the Site may contain other restrictions, proprietary notices or copyright information relating to that individual document, including but not limited to notices that limit or prohibit your ability to make copies of that document. Please review all additional notices before making any copies.

Nothing contained in these Terms of Use shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright or trademark of AUTOVOD, its suppliers or licensors, or any other third party.

Any software available to download from the Site is the copyrighted work of AUTOVOD or its suppliers or licensors. Use of such software is governed by the terms of any end user license agreement that accompanies or is included with the software ("License Agreement"). Copying the software to any other location for further reproduction or redistribution is expressly prohibited, unless otherwise permitted by the terms of the License Agreement.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE SITE, YOU MAY NOT DISTRIBUTE, EXCHANGE, MODIFY, SELL OR TRANSMIT ANYTHING YOU COPY FROM THE SITE. UNAUTHORIZED USE OF THE MATERIALS OR INFORMATION CONTAINED HEREIN MAY CONSTITUTE A VIOLATION OF APPLICABLE CRIMINAL OR CIVIL LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, OR PRIVACY LAWS.

DESIGN AND LAYOUT

The design of the Site is the property of AUTOVOD. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright and other laws, and may not be copied or imitated, unless specifically indicated.

LINKS TO OTHER SITES

Any links to other sites are provided solely for your convenience. Such sites are not under the control of AUTOVOD, and AUTOVOD is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.

USER PRIVACY INFORMATION

In general, people may visit the Site while remaining anonymous and not revealing any personal information. AUTOVOD does use "cookie" technology to obtain non-personal information from its on-line visitors, and to provide customization options at login, or to keep track of where you are in the Site in order to provide the correct customization options when you use the Site. In addition, you may be required to provide certain personal information, such as your name, title, address, and email, before you can participate in certain portions of the Site. AUTOVOD does not, without your permission, sell to third parties information you have submitted to this Site that identifies you personally. For a complete description of how AUTOVOD uses cookies or the information collected from the Site, please see AUTOVOD's Privacy Policy applicable to the Site, which is incorporated into these Terms of Use by reference. Some portions of the Site may permit you to post certain information about yourself if you choose to do so. If you decide to use those portions of the Site and post information about yourself, the information you post is, of course, exempt from this Privacy Policy. Please see "Section 2: Posted Information" for additional information.

AUTOVOD intends to cooperate with any order from a court of competent jurisdiction for information as to the identity of individuals submitting or posting information to AUTOVOD or on the Site.

USER FEEDBACK AND IMPROPER TRANSMISSIONS

Except for Posted Information or personal information, if you transmit to or otherwise provide to AUTOVOD any feedback (such as questions, comments, suggestions, or the like) or data or materials ("User Feedback"), such User Feedback shall be deemed to be non-confidential and non-proprietary. AUTOVOD shall have no obligation of any kind with respect to such User Feedback and shall be free to reproduce, use, disclose, modify, display and distribute User Feedback to others without limitation. By transmitting such User Feedback to AUTOVOD, you are deemed to grant to AUTOVOD a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use any ideas, concepts, know-how, or techniques contained in such User Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such User Feedback. You are prohibited from posting or transmitting to the Site any unsolicited chain letters or "spam", or any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic material, or other material that would violate any applicable law or regulation, including but not limited to any federal or state laws or regulations governing equal employment opportunities. However, if such communications do occur, AUTOVOD will have no liability related to the content of any such communications.

Except where such information qualifies as "Posted Information," you may not post or transmit to the Site any advertising, surveys, promotional materials, or any other commercial or non-commercial solicitations.

You are also prohibited from impersonating any individual. Member accounts must be opened using real names and other requested information.

AUTOVOD may, but is not obligated to, review or monitor areas on the Site where users may transmit or post communications, including discussion groups, bulletin boards, chat rooms, and user forums. AUTOVOD is not responsible for the accuracy of any Posted Information, including but not limited to information, data, opinions, advice, or statements transmitted or posted in discussion groups, bulletin boards, chat rooms, and user forums.

DELETION AND LOCKOUT

Failure to adhere to any of these Terms of Use may result in messages or Posted Information being blocked or deleted from the Site, and possible lockout. AUTOVOD reserves the right to take any additional actions it deems necessary or appropriate to protect the Site and its content.

INTERNATIONAL INFORMATION

The Site may provide access to international data about AUTOVOD, its suppliers or licensors, or other third parties, and therefore may contain references or cross references to products, programs, and services that are not available in your country. Such references do not imply that AUTOVOD, its suppliers or licensors, or other third parties intend to make available such products, programs or services in your country.

LINKING AND FRAMING

You are permitted to view the Site only in its full presentation form and are prohibited from "framing" the Site. You may link to the Site only by linking to the home page located at http://www.autovod.com. You are prohibited from "deep linking" to any other pages in a manner to bypass the home page.

VIOLATION OF TERMS OF USE

You acknowledge that AUTOVOD has the right, in its sole discretion, to terminate your access to the Site, without liability to you or any third party, if you violate any of these Terms of Use, violate the rights of AUTOVOD, interfere with any other user's access or use of the Site, or if AUTOVOD determines that your use is otherwise detrimental to AUTOVOD, the Site, or AUTOVOD's suppliers or licensors. If you believe that someone has violated these Terms of Use, you may contact AUTOVOD at info@autovod.com. AUTOVOD may decide, in its discretion, to investigate the report and may decide, in its sole discretion, to take any action relating to that report. AUTOVOD shall not have any obligation or liability to you for the performance or nonperformance of those activities.

SITE SERVICES

AUTOVOD may, from time to time, offer through the Site certain services that may be subject to their own specific terms and conditions ("Service Terms and Conditions"). In the event of any conflict between those Service Terms and Conditions and these Terms of Use, the applicable Service Terms and Conditions shall control. Please be sure to review any applicable Service Terms and Conditions before making use of a Site service.

GENERAL

These Terms of Use are governed by the laws of the State of California, without regard to the rules of conflict which may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction of the federal or state courts of the State of California and agree that venue is proper in the City of San Jose in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The failure of AUTOVOD to enforce any provision or right of these Terms of Use will not constitute a waiver of such provision or right. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect.

SECTION 2: POSTED INFORMATION

YOU AGREE THAT ALL POSTED INFORMATION IS RESONABLY SECURE AND MEETS WITH YOUR SECURITY REQUIREMENTS AND STANDARDS.

AUTOVOD has reserved certain portions of the Site to permit registered users to post materials or information, including but not limited to training content, sales and marketing content, financial disclosure content, demonstration materials such as video, audio, animations, graphics, images, quizzes, opinions, comments, or questions ("Posted Information"). AUTOVOD has provided those special sections as a service to its customers with the intent of making Posted Information available at a reasonably secure site requiring all users to have obtained a user name and password to access the content contained within.

By using these services and posting or transmitting to AUTOVOD for posting such Posted Information, you thereby acknowledge and agree that all Posted Information is reasonably secure and meets with your security requirements and standards. You further acknowledge and agree that AUTOVOD shall have no responsibility, liability, or obligation to you with regard to the Posted Information, its protection, its use or misuse in any way whatsoever by any entity, including but not limited to AUTOVOD itself. Without limiting the foregoing, you agree that the Posted Information is exempt from the application of AUTOVOD's Privacy Policy.

LICENSE TO POSTED INFORMATION

By submitting the Posted Information for publication on the Site, you grant to AUTOVOD, and its subsidiaries and affiliates, a perpetual, worldwide, royalty-free, irrevocable, sublicenceable, non-exclusive right to use, reproduce, display, modify, create derivative works, and distribute, (in any format whatsoever) the Posted Information for any purpose related to the Site.

You also hereby authorize any third party who lawfully accesses the Posted Information via the Site to make an electronic copy or print in hard copy the Posted Information, or portion thereof, solely for such third party's internal reference purposes within such third party's organization.

If your Posted Information includes links to internet sites ("Posted Links"), you are deemed, to the extent you are able, to grant to AUTOVOD a worldwide, royalty-free, sublicenceable, non-exclusive right to display Posted Links for so long as the Posted Information is available on the Site. AUTOVOD requires that Posted Links be restricted to home pages, and not "deep links," unless the Posted Link is to an internet site that you own, operate, or to which you are otherwise authorized to link. AUTOVOD reserves the right in its sole discretion to remove any Posted Links for any reason whatsoever.

Inclusion of any links (Posted Links or others) in Posted Information does not imply any endorsement by or responsibility of AUTOVOD with regard to the contents of sites related to User Links.

USE AND MONITORING OF POSTED INFORMATION

The decision to make your information available as Posted Information, or to use or respond to Posted Information made available by others, is yours alone. AUTOVOD has only made a portion of the Site available for the publication, distribution, and review of Posted Information. AUTOVOD is not involved in or responsible for any transaction between users who submit Posted Information, and users who view or use such information. Without limiting the generality of the foregoing, AUTOVOD is not responsible for any employment, hiring, purchase, lease, rent, or any other decisions whatsoever made by any person or entity with regard to the Posted Information contained in the Site.

In addition, please note that AUTOVOD cannot confirm the true identity of any user, i.e., that any user is who they say they are. You assume all risks relating to any dealings you may undertake with anyone you encounter through the Site. AUTOVOD has no obligation to review, screen, or edit any Posted Information, either in advance, or after posting. AUTOVOD may post the Posted Information as submitted by the person registered to post the information, but will not accept any responsibility or liability for the accuracy of or any omissions in such Posted Information. Inclusion of Posted Information on this Site does not imply any endorsement by AUTOVOD of the Posted Information.

AUTOVOD reserves the right, in its sole discretion, to take any actions with respect to Posted Information that it deems are in the best interests of AUTOVOD or the Site, including but not limited to rejecting Posted Information, removing Posted Information, or revoking the access of any user who violates these Terms of Use.

USER REPRESENTATIONS AND WARRANTIES

AUTOVOD respects the intellectual property rights of others, and expects its users to do the same. Users are prohibited from posting anything on the Site that violates the intellectual property rights of others.

Therefore, by registering or submitting Posted Information, you hereby represent and warrant: a) You have all right, title, and interest to such Posted Information, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you abide by these Terms of Use and make the Posted Information available; b) That such Posted Information does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction ("Intellectual Property Rights") of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity; c) That you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in such Posted Information is true and your own information; and d) That such Posted Information does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation.

By reviewing or using the Posted Information, you represent and warrant: a) That you will only use it for lawful purposes; b) That your use will not violate or constitute the infringement of the Intellectual Property Rights of AUTOVOD or any other person or entity or otherwise constitute the breach of any agreement with any other person or entity; and c) That your use will not constitute an unlawful, threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic use, or otherwise violate any other applicable law or regulation.

If you believe that any Posted Information infringes your copyrighted works, you may provide a notification of claimed copyright infringement to AUTOVOD's Designated Agent for copyright complaints. Please see our Copyright Complaint Policy for further information.

SECTION 3: DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION

For avoidance of doubt, please note that the term "Site" as used in Section 3 encompasses all content of this Site whatsoever, including but not limited to Posted Information.

DISCLAIMERS

THE SITE IS PROVIDED BY AUTOVOD "AS IS" AND WITH ALL FAULTS. AUTOVOD AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED WITH REGARD TO THE SITE, ITS CONTENTS, ITS OPERATION, OR ITS PRIVACY POLICY. TO THE FULLEST EXTENT PERMITTED BY LAW, AUTOVOD AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AUTOVOD SPECIFICALLY STATES THAT THE USE OF THE SITE IS AT YOUR OWN RISK. AUTOVOD AND ITS AFFILIATES DISCLAIM ANY WARRANTY WITH REGARD TO THE OPERATION OF THE SITE, THE ACCURACY OR TIMELINESS OF THE SITE, OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, ANY WARRANTY THAT THE SITE OR ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN WILL BE FREE OF ERRORS, VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY, OR ANY WARRANTY THAT YOUR USE OF THE SITE OR ITS CONTENT OR THE INFORMATION AND MATERIALS CONTAINED HEREIN WILL BE UNINTERRUPTED.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AUTOVOD SPECIFICALLY INFORMS YOU THAT AUTOVOD AND ITS AFFILIATES MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES AS TO THE ACCURACY, TRUTHFULNESS, OR RELIABILITY OF ANY POSTED INFORMATION.

EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL AUTOVOD OR ITS AFFILIATES OR THEIR SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE THE SITE, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF AUTOVOD AND ITS AFFILIATES, THEIR SUPPLIERS, OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. 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, THE RESPECTIVE LIABILITY OF AUTOVOD, AND ITS AFFILIATES, AND THEIR SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend AUTOVOD and its licensors, suppliers, officers, directors, employees, agents, and affiliates (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of Site, the placement, posting or transmission of any messages, information, software, content or other materials on or through the Site by you or users of your account, or any breach or violation of these Terms of Use by you or users of your account. You agree to fully cooperate as reasonably required by an Indemnified Party. Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.

Last Updated: June 27, 2002

Privacy Policy

AUTOVOD ("AUTOVOD") has created this Privacy Policy in order to inform you of AUTOVOD's commitment to privacy. The following discloses AUTOVOD's information gathering and dissemination practices for this Web Site (the "Site"). AUTOVOD has other websites which may contain their own applicable privacy policies. Your visits to those sites will be governed by the privacy policies, if any, that govern those sites.

PLEASE REVIEW THIS PRIVACY POLICY BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, DO NOT USE THE SITE. BY SUBMITTING ANY PERSONAL INFORMATION TO THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS PRIVACY POLICY.

Your use of this Site and the terms of this Privacy Policy are also subject to the Terms of Use. Please review those Terms of Use for additional detail regarding your use of this Site.

GENERAL INFORMATION

IP Addresses and Cookies

Generally speaking, you may visit the Site while remaining anonymous and not revealing any personal information.

AUTOVOD uses your IP address to help diagnose problems with the Site servers, to administer the Site, to monitor Site usage, and to gather broad demographic information. Your IP address is used to help identify you and to aid in your navigation through the Site as determined by your customization options, if any. AUTOVOD also may aggregate the IP address with other information to create anonymous Site statistics. AUTOVOD does not, however, use your IP address to collect personal information about you.

This Site also uses "cookies" to provide customization options at login, or to keep track of where you are in the Site in order to provide the correct customization options when you use the Site. AUTOVOD also uses cookies to allow you to use features or services that you decide to select, or to keep track of usage services or links provided on the Site. AUTOVOD does not, however, use cookies to collect personally identifiable information about you.

Submission of Personal Information

Certain portions of the Site may require that you submit some personal information, such as your name, title, and email address, before using those portions of the Site. At minimum, you are typically required to register with the Site and provide your name and email address before using any of the "members only" areas of the Site. For some services, such as accessing the AV|OnDemand site, or requesting access to an Autovod Demo or CD-ROM, you may have to create an account, and submit additional personal information such as your title and mailing address. You may also be required to submit information such as your name and email address before you will be authorized to post information on the Site.

Use of Personal Information

AUTOVOD uses that information to provide the services and information you select, to better understand its customers, to provide better products and services, and to assist AUTOVOD with the Site administration, such as with troubleshooting any problems, detecting fraud, resolving disputes, and for any purposes deemed necessary or required by AUTOVOD to enforce the Terms of Use and other terms or conditions applicable to any portion of the Site.

AUTOVOD may also use this information to send you information about AUTOVOD, or other topics AUTOVOD thinks may be of interest to you, such as product information or updates. As part of its business, AUTOVOD works with authorized resellers to provide you with the services and information described above. As part of those activities, AUTOVOD may share your information with those authorized entities so that they can directly provide the information or services to you. AUTOVOD will not sell your information to anyone, and neither AUTOVOD nor its authorized entities will knowingly provide your information to anyone who intends to use it to contact you for general e-marketing, or "spam."

Third Parties

AUTOVOD does NOT sell to third parties information you have submitted to this Site that identifies you personally.

On occasion, AUTOVOD may offer in conjunction with third parties certain services that may require you (or AUTOVOD) to share your personal information with that third party as a condition for providing that service. While AUTOVOD will treat any information it receives in accordance with this Privacy Policy, AUTOVOD will not be responsible for the information submitted by you to that third party, and AUTOVOD reminds you to review the applicable rules and any third party's applicable privacy policies separately before participating in such service.

Declining Information

You can always change your mind; see the Accept/Decline section below. Please note that it may take us a reasonable amount of time to process your request, but once we do, we will no longer use your information.

Even if you decline to receive information or cancel your account, AUTOVOD reserves the right to use the information you previously provided to contact you about administrative matters relating to your use of any portion of the Site, your account, or about any issues relating to the Terms of Use, this Privacy Policy, or any other policy then in-effect (for example, the Copyright Complaint Policy).

Special Note for AUTOVOD AV|OnDemand Users

AV|OnDemand is a web-enabled database management tool that administers collaborative content development, team access privileges, and generates detailed reporting and analysis metrics. AV|OnDemand addresses content management as an integral part of Collaborative Digital Publishing. Our approach focuses on the content lifecycle and the collaborative requirements of the team, making it easy to use and reuse corporate media assets. AV|OnDemand is an XML-based repository for all digital assets included in interactive on-line events. AUTOVOD has provided AV|OnDemand since January 2002.

AV|OnDemand is subject to this Privacy Policy to the same extent as other portions of the Site. AUTOVOD may also use this information to send you information about AUTOVOD, or other topics AUTOVOD thinks may be of interest to you, such as product information or updates. As part of its business, AUTOVOD works with authorized resellers to provide you with the services and information described above. As part of those activities, AUTOVOD may share your information with those authorized entities so that they can directly provide the information or services to you. AUTOVOD will not sell your information to anyone, and neither AUTOVOD nor its authorized entities will knowingly provide your information to anyone who intends to use it to contact you for general e-marketing, or "spam."

As with other portions of the Site, AUTOVOD reserves the right to use your name and email to contact you as an AV|OnDemand user about AV|OnDemand or Site administrative matters, such as any issues relating to the Terms of Use, this Privacy Policy, or any other policy then in effect (for example, the Copyright Complaint Policy). AUTOVOD also reserves the right to continue to participate in the AV|OnDemand site like any other user, such as posting information to the AV|OnDemand site that it believes may be of interest to or otherwise appropriate for the AV|OnDemand service.

Law Enforcement and Posted Information Exceptions

One exception to this Privacy Policy is that AUTOVOD may provide information you submit to this Site to law enforcement authorities. As noted in the Terms of Use AUTOVOD intends to cooperate with any order from a court of competent jurisdiction for information as to the identity of individuals submitting or posting information to AUTOVOD or on this Site. Such orders supercede the terms of this Privacy Policy. This Privacy Policy is deemed waived by you with respect to any information you decide to post in one of the Site's public forums. See Public Forums. Finally, notifications and counter notifications regarding claimed copyright infringement or other information submitted for and necessary to process a notification under our Copyright Complaint Policy are exempt from this Privacy Policy.

Aggregation and Use of Anonymous Data

AUTOVOD does aggregate all information provided by you to create anonymous statistical and demographic data. This anonymous data helps AUTOVOD to understand and know its customer base better. That anonymous data may be provided to third parties but never in such a fashion as to identify you personally or by email address.

Links to Other Sites and Advertising

This Site contains links to other sites not operated by AUTOVOD. AUTOVOD is not responsible for the privacy practices or the content of those web sites. Please be sure to review the privacy policies of those sites if you choose to visit them.

This Site may display links to third parties. These links may contain cookies placed by those third parties. AUTOVOD is not responsible for the web sites to which said links connect, or how any other linked sites may use their own cookies or information. Again, please refer to that company's privacy policy for further information.

Surveys

From time to time AUTOVOD may make online surveys available to users of the Site. Participation in those surveys is voluntary. Some online surveys may ask participants for personal information, such as an email address, in addition to requesting answers to survey questions. AUTOVOD may use that personal information to contact the participant if necessary, or as otherwise described above. AUTOVOD may make the results of any survey publicly available, although AUTOVOD will not attribute any particular response to you without your permission.

Children

No portion of the Site is directed at children (defined as individuals age 18 and under) nor are children encouraged to use the Site. AUTOVOD does not knowingly solicit any personal information about children.

SECURITY

General Issues

Generally speaking, this Site has reasonable security measures in place to protect against the loss, misuse and alteration of the information under our control. Since the Site under general usage does not collect financial information, AUTOVOD uses the standard internet connections for those general usage portions of the Site, without secured sockets.

Specific Services

This Site may provide certain additional, optional services that may use additional security measures to protect the information, such as financial information, provided by you to obtain the service. Those additional security measures may vary, depending upon the particular service offered. You will be informed of any specific security measures at the time you register for a particular service. Please review that information for further detail.

Site Registration

In some cases, you may be prompted to register with the Site to undertake a particular Site activity or obtain a particular service. As part of that registration, you may be automatically provided with a password or you may be asked to choose your own password. AUTOVOD reminds you to protect your password, and not provide it to others to use. Allowing others to access and use your account and password can compromise the security of your information. AUTOVOD disclaims any responsibility for or obligation resulting from any decision by you to provide your password to others.

CHANGES TO THIS POLICY

If AUTOVOD makes changes to this Site, AUTOVOD may have to update this Privacy Policy to better reflect those changes. But no update to this Privacy Policy will, in itself, alter the choice you already made about how AUTOVOD can use your personal information. Because changes to this Site or updates to this Privacy Policy may occur, you should review this Privacy Policy from time to time. Remember that your decision to continue using this Site after this Privacy Policy is updated will signify that you have agreed to any new Privacy Policy terms.

ACCEPT/DECLINE

Typically you accept to receive communications from the limited sources described in this Terms of Use Agreement when you submit information to the Site. If you wish to remove your information from the Site registration database and no longer receive future communications or use any services, you may do so through any of the methods described below. Please note that it may take us a reasonable amount of time to process your request.

You can send an email to info@autovod.com for assistance in changing your password, access rights, or being removed from this database.

CORRECT/UPDATE

This Site gives users the following options for changing and modifying information previously provided.

You can send an email to info@autovod.com for assistance in changing your password, access rights, or being removed from this database.

CONTACTING THE WEB SITE

If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, you can contact the Web Manager at the following email address:

info@autovod.com

NOTICE TO EUROPEAN USERS

Please note that the information you enter on the Site or otherwise provide to AUTOVOD may be transferred outside of the European Economic Area, for purposes of processing, by AUTOVOD, a company located in San Jose, California, U.S.A., or its authorized partners, located worldwide, in order to provide this Site and its services to you. You are advised that the United States uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. You are further advised that the Council of the European Union has found that this model does not provide "adequate" privacy protections as contemplated by Article 25 of the European Union's Data Directive. (Directive 95/46/EC, 1995 O.J. (L 281) 31)

Article 26 of the European Union's Data Directive allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country's level of protection.

By agreeing to this Policy, you consent to the transfer of all such information to the United States and to the processing of that information as described in this Policy.

DISCLAIMERS

AUTOVOD intends to take reasonable precautions to abide by this Privacy Policy. Nevertheless, in the event that AUTOVOD does not comply with all terms contained in this Privacy Policy, you agree by using this Site and by submitting information to this Site that your sole and exclusive remedy against AUTOVOD will be to have AUTOVOD promptly after written notification by you correct the handling of your information in the future to accord with this Privacy Policy, and to notify anyone to whom AUTOVOD directly transferred any information of the correct information, or to cease using such information.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, DISCLAIMS ANY OTHER OBLIGATION, LIABILITY, OR WARRANTY TO YOU FOR ANY OTHER ACTION, INACTION, OMISSION, OR OTHER ACTIVITY THAT IS NOT IN ACCORDANCE WITH THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, ITS TERMS, OR ITS DISCLAIMERS THEN YOU SHOULD NOT USE THIS SITE.

UNDER NO CIRCUMSTANCES SHALL AUTOVOD OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THIS PRIVACY POLICY, OR THE FAILURE OF AUTOVOD OR ITS SUPPLIERS OR LICENSORS TO ADHERE TO IT, EVEN IF AUTOVOD AND ITS SUPPLIERS OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES/JURISDICTIONS 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/JURISDICTIONS, THE RESPECTIVE LIABILITY OF AUTOVOD AND ITS SUPPLIERS OR LICENSORS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Last Updated: June 27, 2002

Copyright Complaint Policy

AUTOVOD, like the rest of the responsible media community, is particularly concerned about copyright infringement. We expect the users of this Web Site (the "Site") to respect the copyrights of others, just as we do. It is a violation of the Terms of Use for a user to post material that infringes the copyrights of others.

AUTOVOD may, under appropriate circumstances and in accordance with the Terms of Use, terminate the accounts of users who post material that AUTOVOD has reason to believe infringes the copyrights of others.

In accordance with the Digital Millennium Copyright Act ("DMCA") Pub.L.N. 105-304, 112 Stat.2860 (28 Oct. 1998)] of the United States of America, AUTOVOD has appointed a Designated Agent to receive notification of claimed copyright infringement. If you believe that your copyrighted work has been infringed, you may provide a notification of claimed infringement containing the following information:

1. The physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner;

2. A description of the material you claim has been infringed;

3. A description of the claimed infringing material, including information describing its location on the Site;

4. Your name, address, telephone number, and email address

5. A statement by you that you have a good faith belief that use of the allegedly infringing material is not authorized by the copyright owner, the copyright owner's agent, or the law; and

6. A statement by you that the information you have provided is accurate and, under the penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the copyright owner.

Please provide all of the information listed above, or we may not be able to process your complaint.

Send your notification of claimed infringement to AUTOVOD's Designated Agent for copyright complaints as follows:

Law Offices of Christopher Hays
Christopher Hays, Esq.
Autovod Corporate Counsel
One Embarcadero Center, Suite 500
San Francisco, CA 94111
U.S.A.
tel: (415) 398-0848
fax: (415) 931-0444
email: hays@autovod.com

Please note that any information provided under this Complaint Policy, including the original notification and any responses to it, may be shared with others as deemed by AUTOVOD necessary or appropriate to process your notification. This constitutes an exception to our Privacy Policy.

Last updated: 10 September 2007

Trademark & Other Notices

AUTOVOD Master Trademark List

Last updated: June 27, 2002

The following is a list of trademarks (indicated by™), service marks (indicated by SM) or trademarks registered in the United States (indicated by ®) of AUTOVOD

Autovod™
AV|SyncPoint™
AV|Builder™
AV|Detect™
AV|OnDemand™

Third-Party Trademarks

The following information relates to certain trademarks that may appear on AUTOVOD's web pages.

Windows, Windows NT, Windows Media, the Windows Media Logo and Microsoft are either registered trademarks or trademarks of Microsoft Corporation in the United States or other countries.

RealNetworks, the RealNetworks Logo, RealAudio, Real Video and RealProducer are either registered trademarks or trademarks of RealNetworks, Inc. in the United States or other countries.

QuickTime and the QuickTime logo are trademarks used under license.

Apple, QuickTime, the QuickTime logo, Power Macintosh and iMac are trademarks of Apple Computer, Inc. registered in the U.S. and other countries.

Indeo, Intel and Pentium are registered trademarks and Celeron, MMX, and the Indeo logo are trademarks of Intel Corporation in the U.S. and other countries.

Other trademarks from these companies may appears on AUTOVOD's web pages from time to time. All other trademarks from these or other manufacturers referenced in AUTOVOD's internet pages are property of their respective owners.

 
     
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