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TERMS AND
CONDITIONS
AGREEMENT BETWEEN CUSTOMER AND IMPOSSIBLE REALITIES
PRODUCTIONS AND COMPETITIVE ENTERPRISES
This Website is offered to you, the customer,
conditioned on your acceptance without modification of the terms, conditions, and notices
contained herein. By using this Website, you agree to the following terms and conditions of
use. Please read the terms and conditions, and if you do not agree with them please do not
use the Website. We reserve the right to change the terms, conditions, and notices under
which this Website is offered.
DISCLAIMER
The services, materials, and information you find on
the Website are provided "as is," without warranty of any kind, either express or implied,
including without limitation any warranty for information, services, or products provided
through or in connection with the Website and any implied warranties of merchantability,
fitness for a particular purpose, accuracy, completeness, expectation of privacy or
noninfringement.
In no event shall Impossible Realities Productions
and Competitive Enterprises or any third party provider be liable for any injury, loss,
claim, damage, or any special, punitive, incidental or consequential damages of any kind
(including, but not limited to, lost profits, business, or savings), whether based in
contract, tort, strict liability or otherwise, which arises out of or is in any way
connected with:
(1) any use of this site or content found
herein,
(2) purchase of any product or service found
herein,
(3) any failure or delay (including, but not
limited to, the use of or inability to use any component of this site) or
interruption of use or corruption of data,
(4) the performance or non performance by
Impossible Realities Productions and Competitive Enterprises, or any third
party provider, or
(5) any matter beyond Impossible Realities
Productions and Competitive Enterprises (or their licensees or licensors)
reasonable control, even if such party has been advised of the possibility of such
damages. Some jurisdictions do not allow the exclusion of implied warranties, so
the above exclusion may not apply to you.
Any data provided by partners or vendors selling
services on this Website, or any service provided herewith is also disclaimed. Impossible
Realities Productions and Competitive Enterprises do not warrant that code, content, files,
access or any combination of the above are free of errors, viruses or corruptions. Even if
Impossible Realities Productions and Competitive Enterprises have been informed of the
possibility of such damages, in no event shall the aggregate liability of Impossible
Realities Productions and Competitive Enterprises exceed the total charges accrued in
connection with utilizing this Website.
Each service provider may have its own separate terms
and conditions that will apply to your purchase of goods and services that you select. You
agree to abide by the terms or conditions of purchase imposed by any supplier with whom you
elect to deal, including, but not limited to, payment of all amounts when due and
compliance with all federal, state, and local laws, rules and restrictions regarding
products or services. You shall be completely responsible for all charges, fees, duties,
taxes, and assessments arising out of the use of this Website. Impossible Realities
Productions and Competitive Enterprises have not and cannot evaluate whether the goods and
services you select are appropriate for you. You agree that you are the sole evaluator and
selector of said services and have done so at your own risk.
USE OF OUR SITE
This Website is for your personal use. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software, products or services
obtained from this Website. Impossible Realities Productions and Competitive Enterprises
Website is provided solely to assist customers in determining the availability and cost
associated with products, and to aid the customer in their purchase, and for no other
purposes. You warrant that you are at least 21 years of age and possess the legal authority
to enter into this agreement and to use this Website in accordance with all terms and
conditions herein. You agree to be financially responsible for all of your use of this
Website (as well as for use of your account by others, including without limitation minors
living with you). You agree to supervise all usage by minors of this Website under your
name or account. You also warrant that all information supplied by you or members of your
household in using this Website is true and accurate.
As a condition of your use of this Website, you
warrant to Impossible Realities Productions and Competitive Enterprises that you will not
use this Website for any purpose that is unlawful or prohibited by these terms, conditions,
and notices. Likewise, anything a user sends to Impossible Realities Productions and
Competitive Enterprises, including but not limited to, e-mails, will be the sole property
of Impossible Realities Productions and Competitive Enterprises, and is transmitted at the
sole risk of the user. Such material will be used at the discretion of Impossible Realities
Productions and Competitive Enterprises in any way they see fit. Impossible Realities
Productions and Competitive Enterprises will assume no liability for interception of such
transmissions.
COPYRIGHT AND NOTICES
All contents of this Website are: Copyright (c) 2001
- 2004 Impossible Realities Productions, and Competitive Enterprises, of Santa Rosa,
California, and San Diego, California, respectively. All domestic and international rights
reserved. Impossible Realities Productions and Competitive Enterprises own or license the
content, graphics, sound, artwork, and computer code for this Website (the "Content"). The
Content of the Website pages, including, but not limited to, text, graphics, and icons, are
copyrighted materials owned or controlled by Impossible Realities Productions and
Competitive Enterprises and contain Impossible Realities Productions and Competitive
Enterprises (and their licensees and licensors) name, trademarks, service marks, and trade
names. You may download one temporary copy of these materials on any single computer and
print one copy of the materials for your use in learning about, evaluating, or acquiring
services or products. No other permission is granted to you to print, copy, reproduce,
disassemble, distribute, transmit, upload, download, store, display in public, alter, or
modify these materials. No permission is granted to use Impossible Realities Productions
and Competitive Enterprises icons, site address, or other means to hyperlink to other
Internet sites with any page in the Website, and Impossible Realities Productions and
Competitive Enterprises assume no responsibility for any other party's site hyperlinked to
the Website or in which any part of the Website has been hyperlinked. Impossible Realities
Productions and Competitive Enterprises may make improvements and/or changes in the
products and/or programs described in the Website without liability.
OTHER INFORMATION
This Website may contain hyperlinks to Websites
operated by parties other than Impossible Realities Productions and Competitive
Enterprises. Such hyperlinks are provided for your reference only. Impossible Realities
Productions and Competitive Enterprises do not control such Websites and are not
responsible for their contents. Impossible Realities Productions and Competitive
Enterprises inclusion of hyperlinks to such Websites does not imply any endorsement of the
material on such Websites or any association with their operators.
This agreement is governed by the laws of the State
of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts
in Sonoma County, California, U.S.A., in all disputes arising out of or relating to the use
of this Website. Use of this Website is unauthorized in 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 Impossible Realities Productions
and Competitive Enterprises as a result of this agreement or use of this
Website.
Impossible Realities Productions and Competitive
Enterprises performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of Impossible Realities
Productions and Competitive Enterprises right to comply with law enforcement requests or
requirements relating to your use of this Website or information provided to or gathered by
Impossible Realities Productions and Competitive Enterprises with respect to such
use.
If any part of this agreement 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 the
agreement shall continue in effect.
This agreement constitutes the entire agreement
between the customer and Impossible Realities Productions and Competitive Enterprises with
respect to this Website, and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral, or written, between the customer and Impossible
Realities Productions and Competitive Enterprises with respect to this Website. A printed
version of this agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement to the same
extent and subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
Fictitious names of companies, products, people,
characters, and/or data mentioned herein are not intended to represent any real individual,
company, product, or event.
Any rights not expressly granted herein are
reserved.
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