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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE iTradeMyDVDs SITE OR SERVICES. BY USING, VISITING OR BROWSING THE iTradeMyDVDs SITE OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, YOU DO NOT HAVE ANY RIGHT TO USE THE iTradeMyDVDs SITE OR SERVICES. iTradeMyDVDs'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY iTradeMyDVDs, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

The Web pages available at www.iTradeMyDVDs.com, and all linked pages ("Site"), are owned and operated by iTradeMyDVDs.com ("Company"), and are accessed by you ("User") under the following terms and conditions:

ACCESS TO THE SERVICES. Subject to the terms and conditions of these Terms of Use, Company may offer to provide certain services, as described more fully on the Site, and which are selected by User through the process provided on the Site ("Services"), solely for User's own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Company performs for User, as well as the offering of any content on the Site. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Company may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability. Company reserves the right, at its discretion, to modify these Terms of Use at any time without notice by posting a new version on the Site under the "Terms of Use" hyperlink or elsewhere. Use of the Site or Services by User following such change constitutes User's acceptance of the terms and conditions of the Terms of Use as modified and the most current version of the Terms of Use will supersede all previous versions.

User certifies to Company that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. These Terms of Use are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

SITE CONTENT. The Site and its contents are intended solely for the use by Company's Users and may only be used in accordance with the terms of these Terms of Use. All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services.

The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Terms of Use), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

User may not download or copy the Content, or other items displayed on the Site for download, without the express written consent of Company. User shall not store any portion of any Content in any form. Copying or storing of any Content is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content's copyright notice.

User acknowledges and agrees that if User uses any of the Services to contribute Content to the Site, such Content shall become Company property and User hereby assigns all rights, title and interests in and to such contributions to Company/Company is hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "Moral Rights." To the extent User retains any such Moral Rights under applicable law, User hereby ratifies and consents to any action that may be taken with respect to such moral rights by Company and agrees not to assert any Moral Rights with respect thereto. User warrants, represents and agrees that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party. Company reserves the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that User may have breached the immediately preceding sentence), or for no reason at all.

RESTRICTIONS. User is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's right to Services or to access the Site. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user.

Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the User is not logged in.

User may not use the Site or Services for any commercial purposes or for the benefit of any third party.

GAMEs. Users may not illegally copy GAMEs. A User's access to the Site or Services may be immediately terminated in the event the User uses the Site or Services for illegal purposes or makes unlawful copies of GAMEs or unlawfully distributes GAMEs. As a User, you acknowledge and agree that you have valid title and ownership rights to any GAMEs that you make available on the Site or Service. You are aware that not all GAMEs are available on the Site or via the Services and Company cannot, and does not, guarantee any User will receive any GAME or the order in which a User will receive the GAMEs they have requested.

PRIVACY. Usage of the Site or Services and any information submitted therein is subject to our Privacy Policy, the terms of which are incorporated herein. Users are advised to review our Privacy Policy.

LINKS. The Company Site or Services may contain links to or references to third party websites. The Company is not responsible for these websites and has not reviewed such websites.

MEMBERSHIP, BILLING, PAYMENT. Details of your membership are available on the User account page of the Site. On occasion the Company may offer a free trial, promotions or other incentives. These offers are only available while they last and are a subject to a maximum of one per household. At the end of any free trial, promotion or incentive you will begin to be billed automatically unless you cancel as required by the Company. You agree that as a User we are permitted to automatically charge or debit, as applicable, without further notice the fees you incur in your use of the Site or Services. The fees for the Site and Services will be automatically renewed and charged to you.

COOKIES. The Company may place a cookie or other small text file on any computer from which a User accesses the Site or Services.

WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to User. User acknowledges that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content User accesses via the Site; what effects the Content may have on User; how User may interpret or use the Content; or what actions User may take as a result of having been exposed to the Content. User releases Company from all liability for User having acquired or not acquired Content through the Site. The Site may contain, or direct User to sites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT, SITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with User's use of the Services.

REGISTRATION AND SECURITY. As a condition to using Services, User may be required to register with Company and select a password and User name ("Company User ID"). User shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of User's account. User may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than User without appropriate authorization. Company reserves the right to refuse registration of, or cancel a Company User ID in its discretion. User shall be responsible for maintaining the confidentiality of User's Company password.

INDEMNITY. User will indemnify and hold Company, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of User's access to the Site, use of the Services, the violation of these Terms of Use by User, or the infringement by User, or any third party using the User's account, of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE TO A USER WITH RESPECT TO THE SITE OR THE SERVICES (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES PAID BY USER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM OR TWENTY-FIVE DOLLARS ($25), WHICHEVER IS LESS; OR (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

FEES AND PAYMENT. Some of the Services require payment of fees. User shall pay all applicable fees, as described on the Site in connection with such Services selected by User. User authorizes Company to automatically charge User for any and all fees incurred by User. Company reserves the right to change its price list and to institute new charges at any time. Use of the Services by User following such changes constitutes User's acceptance of any new or increased charges.

FRAUD, ACCOUNT SUSPENSION OR TERMINATION, PROTECTION PROGRAM, ETC. User agrees not to commit fraud using the Site or Services. Examples of fraud include, but are not limited to, committing to send a GAME but not actually sending it, claiming a GAME was never received when in fact it was, claiming a GAME is lost, broken, incorrect, scratched or otherwise problematic when it is not, etc.

Company reserves the right, in its sole and complete discretion, to suspend or terminate a User's account or a User's access to the Site or Services at any time with or without cause for any reason or no reason. Upon termination of the User's account, User's right to use the Services, access the Site, and any Content will immediately cease. Any fees paid by a User are non-refundable.

In addition, in the event a User claims more three (3) instances of a lost, broken, incorrect, scratched or otherwise problematic GAME per one hundred (100) GAMEs received by that User, Company may, at its sole and complete discretion, determine that the User is not eligible for the Protection Program and Company may elect not to apply any credit to the individual's account for such lost, broken, incorrect, scratched or otherwise problematic GAMEs. In addition to suspending or terminating a User's account or access to the Site or Services, Company may pursue any remedies available at law.

Without limiting other remedies, we may limit your activity, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our Site or Services to you if: (a) you breach these Terms of Use or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

MISCELLANEOUS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by User except with Company's prior written consent. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Both parties agree that these Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and User does not have any authority of any kind to bind Company in any respect whatsoever. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

I have read and agree to the above terms of use.

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