Terms of Service

Welcome to our web site! Underproduction Multi-media Inc (Underproduction) provides access to this web site to the public as a convenience, but subject to the following terms of use. By accessing, viewing, using or downloading materials from this web site, you agree to be bound by these terms and conditions, if you do not agree with these terms of use do not use this web site.

Use of Materials. Unless otherwise specified, you may view and download the materials at this web site only for your personal, informational, and noncommercial purposes, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this web site in any way or reproduce or publicly display, perform, post, transmit, distribute or otherwise use them for any public or commercial purpose.

Use of Downloadable Software. Any software that may be downloaded from this web site is licensed subject to the terms of the applicable license agreement. Except for rights granted pursuant to such license agreement, Underproduction and its licensors reserve all intellectual property rights, title and interest in such software.

Partner and other Third Party Descriptions. This web site contains information concerning various third parties (often referred to as “partners”) who offer products or services compatible with Underproduction products. This information is provided for your convenience only. Underproduction is not responsible for and does not warrant any third-party product or service or the accuracy of any description.

Trademark Information. Trademarks are the property of their respective owners.

Links to Other web sites. Underproduction provides certain links to other web sites as a convenience to you. Underproduction does not monitor nor control the content of any other web site and assumes no responsibility or liability of any kind for any material or communications available at such web sites. Underproduction is not responsible for the content of any site that may be linked to the Underproduction web site.

Changes to these Terms of Use. Underproduction may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions.

Disclaimer of Warranty. Information on this web site may contain factual inaccuracies or typographical errors or be incomplete or out of date. Information may be changed or updated without notice. Underproduction may make changes and/or improvements in the products and/or programs described in this web site at any time without notice. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND Underproduction, ALL MATERIALS PROVIDED AT THIS web site ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

IN NO EVENT SHALL Underproduction BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FROM BUSINESS INTERRUPTION OR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER BASED ON WARRANTY OR IN CONTRACT, TORT, OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, EVEN IF Underproduction HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

User Submissions/ Access to Newsgroups. With the exception of personally identifiable information discussed in the Underproduction Privacy Policy, any material, information, emails or other communication you transmit or post to Underproduction or to this web site (“Communications”) will be considered non-confidential and non-proprietary. Underproduction will have no obligations with respect to such Communications, other than as provided in Underproduction’s Privacy Policy. Underproduction and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, tests and other things embodied therein for any and all commercial and non-commercial purposes.

You are prohibited from posting or transmitting to or from this web site any unlawful, threatening, libelous, defamatory, obscene, pornographic, confidential or other material that would violate any law, including without limitation, copyright, trademark, trade secret, or any rights of third parties.

Underproduction may, but is not obligated to, monitor or review any areas on this web site where users transmit or post Communications. Underproduction will have no liability for the content of any Communications, whether or not arising under the laws of copyright, trademark, trade secret, libel, privacy, obscenity or otherwise.

Export control. By downloading or accessing software or technical data, you are agreeing not to import, export or re-export, either directly or indirectly (including transmission and shipment) except in accordance with all applicable laws, and you are accepting responsibility to determine what is necessary to assure such compliance. In particular, but without limitation, you agree not to export, re-export or provide the software or technical data: (i) to, or to a national or resident of Cuba, Iraq, Iran, Sudan, Libya, Syria, North Korea, or to any other country embargoed or restricted by the U.S. (This list of countries is current as of March 2003 but is subject to change), (ii) to anyone on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Department of Treasury’s Specially Designated Nationals Lists, or (iii) to any person or entity who has been prohibited from participating in U.S. export transactions by any agency of the U.S. Government. You are also agreeing not to download, transfer, export or re-export Underproduction products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses, without obtaining prior authorization from the U.S. Government.

Applicable Laws. This web site is controlled by Underproduction from its offices in New Albany, Indiana. Underproduction makes no representation that materials at this web site are appropriate or available for use outside of the United States and access to them from territories where their contents are illegal is prohibited. Those who access this site from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the materials on this web site shall be governed by the substantive laws of the State of Indiana, excluding its principals as to conflicts of law or the United Nations Convention on contracts for the International Sale of Goods.

Any dispute arising out of or in connection with the use or access or otherwise related to this web site shall be finally settled by a competent court of the State of Indiana.