Terms Of Usage

September 2005.

Migrating Media & Productions and migratingmedia.com Terms of Use and Notices

1. This is an agreement between you and Migrating Media & Productions

This is an agreement ("Agreement") between you and Migrating Media & Productions, LLC or, if applicable based on where you live, it affiliates - Silicon Farmer. This Agreement governs your use of any Web site or Web page operated by Migrating Media & Productions, LLC. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
Migrating Media & Productions OFFERS the migratingmedia.com TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE migratingmedia.com CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY; AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. How Migrating Media & Productions may modify this agreement

Migrating Media & Productions reserves the right to change the terms, conditions, and notices under which it offers the Migrating Media & Productions [MMP] Sites, including any charges associated with the use of its Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Migrating Media sites Your continued use of the Migrating Media Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
Any Migrating Media sites may itself contain additional terms - for example, codes of conduct or guidelines - that further govern use of that Migrating Media & Productions Web Site, including without limitation, particular features or offers - like sweepstakes. In case of any terms contained in this Agreement conflict with any terms contained within a Migrating Media sites, then the terms in this Agreement shall control.

3. No Commercial, Unlawful or Harmful use of Migrating Media web sites

The Migrating Media & Productions sites are only for your personal use. You will not use the Migrating Media & Productions sites for commercial purposes. You will not use the Migrating Media sites in any way that is unlawful, or harms Migrating Media & Prod. Sites, its affiliates, contributors, writers, photographers, resellers, distributors, service providers and/or suppliers or any customer of a Migrating Media & Prod. Web sites, as determined in Migrating Media sites sole discretion. Migrating Media sites may tell you about certain specific harmful uses in a code of conduct or other notices available through a Migrating Media sites but has no obligation to do so. You may not use the Migrating Media sites in any way that breaches any code of conduct, policy or other notice applicable to the Migrating Media & Productions Web Sites. Without limiting the generality of this section, you may not use the Migrating Media sites in any manner that could damage, disable, overburden, or impair any v Migrating Media sites (or the network(s) connected to any Migrating Media sites or interfere with any other party's use and enjoyment of the Migrating Media sites

4. Spam is prohibited and causes damage; Spam filtering Technology

Without limiting the generality of Section 3, you will not use the Migrating Media & Productions Web sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Migrating Media & Productions Web Sites in any way that violates the Migrating Media Web Sites Anti-Spam Policy. You may view the Anti-Spam Policy .A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Migrating Media sites may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Migrating Media & Prod Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Migrating Media & Productions Web Sites even if such e-mail does not violate the Anti-Spam Policy

5. Materials you post or provide; Communications Monitoring

For materials you post, contribute or otherwise provide to Migrating Media sites related to the migratingmedia.com (a "Submission"), you grant Migrating Media & Productions the permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Migrating Media Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Migrating Media sites will not pay you for your Submission. Migrating Media sites may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Migrating Media & Productions may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Migrating Media & Productions Parties or any customer of a Migrating Media & Productions.

6. Information Available from the Migrating Media & Productions Web Sites

Migrating Media & Productions and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Migrating Media sites. Migrating Media sites and its suppliers, contributors or sponsors do not authorize the use of information, music, photo and videos available from the Migrating Media sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Migrating Media & Productions is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the Migrating Media & Productions Web Sites constitute an offer or solicitation to buy or sell any security. Migrating Media & Productions does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the Migrating Media & Productions Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.

7. Migrating Media & Productions Makes no Warranty

Migrating Media & Productions provides the Migrating Media sites "as they are," "with all faults” and "AS AVAILABLE," and the entire risk as AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Migrating Media & Productions make no representations, warranties or conditions, express or implied. The Migrating Media sites parties disclaim any and all warranties and conditions, express, statutory and implied, including without limitation, (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE Migrating Media & Productions WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

8. Liability

IN NO EVENT WILL ANY Migrating Media & Productions [MMP] BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE Migrating Media & Productions WEB SITES, EVEN IF SUCH Migrating Media & Productions [MMP] PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE Migrating Media & Productions WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Migrating Media & Productions PARTY WITH RESPECT TO THIS AGREEMENT OR THE Migrating Media & Productions WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Migrating Media & Productions WEB SITES.

9. Changes on the Migration Media & Production Web Sites; Additional Liability Limitation

The Migrating Media & Prod may change the Migrating Media & Prod. Web Sites or delete features at anytime and for any reason. As you use the Migrating Media Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Migrating Media & Prod. And persons other than Migrating Media & Productions (any such person is referred to as a "Third Party") YOU ACKNOWLEDGE AND AGREE THAT Migrating Media & Productions parties are not responsible or liable for (1) any content, including without limitation, any infringing, inaccurate, indecent, offensive, defamatory, or illegal content, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING the generality of previous sections, you Acknowledge and agree that Migrating Media & Productions is not responsible or liable for (1) any virus or other disabling features that affect your access to or use of The Migrating Media Web Sites, (2) any incompatibility between the Migrating Media Web Sites and other web sites, services, software and hardware, (3) any delays or failures you may experience on INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE Migrating Media sites IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE Migrating Media sites. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS above OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

10. Termination: Access Restriction

Migrating Media & Productions may terminate this Agreement, or terminate or suspend your access to the Migrating Media & Productions [MMP] Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use Migrating Media & Productions Web Sites will immediately cease. Upon such termination or suspension, any information you may have stored on the Migrating Media Web Sites may not be retrieved later

11. Choice of Law and Location for Resolving Disputes

If this Agreement is with Migrating Media & Production, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of New York, without reference to conflict of laws principles. If this Agreement is with a Migrating Media & Productions affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Migrating Media & Productions is affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Migrating Media & Productions Sites are directed. If this Agreement is with Migrating Media & Productions, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in New York City, New York, USA in all disputes arising out of or relating to the use of the Migrating Media & Productions [MMP]. If this Agreement is with a Migrating Media & Productions affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Migrating Media & Productions affiliate in all disputes arising out of or relating to the use of the Migrating Media & Productions Web Sites.

12. Interpreting the Agreement; Assignment

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 this Agreement will continue in effect. Migrating Media & Productions [MMP] may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Migrating Media & Productions sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Migrating Media & Productions with respect to the Migrating Media & Productions [MMP] Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Migrating Media & Productions with respect to the Migrating Media & Productions Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

13. You have Limited Time to bring your Claim

You and Migrating Media agree that any cause of action arising out of or related to the Migrating Media & Productions Web Sites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of actions permanently barred.

14. Copyrights and Trademarks notices; others acknowledgements

All contents of the Migrating Media & Productions Web Sites are Copyright © 2005 Migrating Media & Productions [MMP] and/or its contributors and suppliers. All rights reserved. Migrating Media & Productions, migratingmedia.com, Silicon Farmer, their logo, and/or other Migrating Media & Productions products and services referenced herein may also be either trademarks or registered trademarks of Migrating Media & Productions in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

15. Notices and procedures for making claims of copyright infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. All inquires not relevant to the following procedure will receive no response.

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