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Fastforward Software, hereafter known as "Fastforward",
"Us", or "We", provide the Fastforward Website including
all Fastforward content ("Fastforward Site" or "Site")
subject to the compliance with the terms and conditions below by any user
who accesses the Fastforward Site ("You"). PLEASE READ THIS
BEFORE ACCESSING THE FASTFORWARD SITE. BY ACCESSING THE FASTFORWARD SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, LEAVE THE FASTFORWARD
SITE.
1. Rules. While visiting the Fastforward Site, You may not post, transmit
or otherwise distribute information constituting or encouraging conduct
that would constitute a criminal offense or give rise to civil liability,
or otherwise use the Fastforward Site in a manner contrary to law or that
would serve to restrict or inhibit any other user from using or enjoying
the Fastforward Site or the Internet; post or transmit any information
or software which contains a virus, cancelbot, trojan horse, worm or other
harmful or disruptive component; upload, post, publish, transmit, reproduce,
or distribute in any way, information, software or other material obtained
through the Fastforward Site which is protected by copyright, or other
intellectual property right, or derivative works with respect hereto,
without obtaining permission of the copyright owner or copyright holder.
You may not attempt to gain unauthorized access to any portion or feature
of the Site, or any other systems or networks connected to the Site or
to any server, or to any of the services or software offered on or through
the Site, by hacking, password mining or any other illegitimate or legitimate
means. You may be exposed to content that You find offensive, indecent,
or objectionable or that is inaccurate, and You bear all risks associated
with using that content. We have the right, but not the obligation, to
remove any content that may, in our sole discretion, violate these terms
and conditions or that is otherwise objectionable. Our Site may contain
links to other Internet sites owned by third parties. Your use of each
of those sites is subject to the conditions, if any, that each of those
sites has posted. We have no control over other sites, and we are not
responsible for any changes to or content on them. Our inclusion on our
sites of any third-party content or a link to a third-party site is not
an endorsement of that content or third-party site. You may not link to
this Site without our permission.
2. Monitoring. We have no obligation to monitor the Fastforward
Site. However, You agree that We have the right to monitor the Fastforward
Site electronically from time to time and to disclose any information
as necessary to satisfy any law, regulation or other governmental request,
to operate the Fastforward Site properly, or to protect any person or
entity. We reserve the right to refuse to post or to remove any information
or materials, in whole or in part, that, in our sole discretion, are unacceptable,
undesirable, or in violation of these terms and conditions.
3. Privacy. Privacy information is included in our Privacy
Policy document.
4. Purchases. When making purchases via PayPal or other
service through the Fastforward Site or the Internet, You may be asked
to supply certain personal information, including credit card or other
payment mechanisms. You agree that all information You provide will be
accurate and complete. You agree to pay all charges incurred by You or
other users of your account and credit card or other payment mechanisms
at the prices in effect when such charges are incurred. You also will
be responsible for paying all applicable taxes, if any, relating to purchases
of a Fastforward product. We are in no way responsible for any charges
You or any user of your account incurs when making purchases or other
transactions.
5. Limitation of Liability. We take no responsibility
for the accuracy or validity of any claims or statements contained in
the information, documents and related graphics on the Fastforward Site.
Further, We make no representations about the suitability of any of the
information contained in software programs, information, documents and
related graphics on the Fastforward Site for any purpose. All such software
programs, information, documents and related graphics are provided without
warranty of any kind. In no event shall We be liable for any damages whatsoever,
including special, indirect or consequential damages, arising out of or
in connection with the use of information or software available from the
Site.
6. Recourse. If You are dissatisfied with the Fastforward
Site or with any terms, conditions, rules, policies, guidelines, or practices
in relation to the Fastforward Site, your sole and exclusive remedy is
to discontinue using the Fastforward Site.
7. Confidential Information. You authorize Fastforward
to collect from any party and to retain all relevant information relating
to your use of the Fastforward Site, and You hereby authorize any party
to provide Us with such information. You understand and agree that unless
You provide notice to the contrary by e-mailing Us, You further authorize
Fastforward to disclose, on a confidential basis, to any party with whom
Fastforward has business relations all relevant information relating to
your dealings with Us and the Fastforward Site.
8. Indemnity. You agree to defend, indemnify and hold
Fastforward Software and related persons and/or entities harmless from
any and all liabilities, costs and expenses, including reasonable attorneys'
fees, related to any violation of these terms and conditions by You or
others, or arising in connection with the use of the Fastforward Site
or the Internet, including but not limited to the placement or transmission
of any message, information, software or other materials on the Fastforward
Site or on the Internet by You or others.
9. Intellectual Property. We do not claim any ownership
in the intellectual property rights of others. All product, brand, or
company names not belonging to Us are the intellectual property of their
respective owners.
10. DISCLAIMER. THE SOFTWARE AND INFORMATION CONTAINED
ON THIS WEBSITE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. THE
ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SOFTWARE AND
INFORMATION CONTAINED ON THIS WEBSITE IS ASSUMED BY THE USER, AND IN NO
EVENT WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR DIRECT DAMAGES
SUFFERED IN THE COURSE OF USING THE SOFTWARE AND INFORMATION CONTAINED
ON THIS WEBSITE.
11. Miscellaneous. This Agreement, including any and
all documents referenced herein, constitutes the entire agreement between
Fastforward and You pertaining to the subject matter hereof. A failure
to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provisions
or rights. If any of the provisions contained in these terms and conditions
are determined to be void, invalid or otherwise unenforceable, such determination
shall not affect the remaining provisions contained herein. These terms
and conditions shall be governed by and construed in accordance with the
laws of England and Wales. Unless otherwise agreed in
writing, any disputes shall be resolved through good faith negotiation;
if disputes remain unresolved after negotiation, the Parties agree to
utilize a simple and mutually acceptable form of alternative dispute resolution
that may be conducted through telephonic or electronic means. This Agreement
shall be binding upon and shall inure to the benefit of Fastforward Software,
their clients, partners, associates and employees. We may change these
terms and conditions from time to time. By continuing to use the Fastforward
Website after such change has been provided on a Website relating to Fastforward
for the first time, You signify your consent to the revised terms.
Last updated: October 25, 2006.
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