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TERMS AND CONDITIONS OF USE OF THIS WEBSITE

1.     Acceptance of Terms Through Use

By using LearnNewMedia’s Web site, located at www.learnnewmedia.com (the ‘‘Site’’), you agree to be bound by all terms, conditions and notices contained or referenced herein (the ‘‘Terms of Use’’).We may change the Terms of Use at any time by posting revisions to the Site, and your continued use of the Site indicates your agreement to the revised terms. Accordingly, we urge you to review the Terms of Use, and if you do not agree to the terms of this or any revised policy, please exit the Site immediately.

2.     Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, ublish,modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Site for any purpose, unless specifically authorized by us to do so. The content and software on this Site is the property of LearnNewMedia or its affiliates and is protected by U.S. and international copyright laws.

3.     Limited License

You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. LearnNewMedia may change, suspend, or discontinue any aspect of the Site at any time. LearnNewMedia may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in these Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

4.     Violation of the Terms of Use

You understand and agree that in LearnNewMedia’s sole discretion, and without prior notice, LearnNewMedia may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if LearnNewMedia believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of LearnNewMedia, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to LearnNewMedia for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. LearnNewMedia may release user information about you if required by law or subpoena.

5.     Copyright Policy

We may terminate the privileges of anyone who uses the Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information or content to the Site, you warrant that the information or content does not infringe the copyrights or other rights of third parties.

6.     Representations By You

By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights.

7.     Accounts

During the registration process you will be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of LearnNewMedia, or an agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify us of any potential unauthorized use(s) of your account, or breach of security as the Customer Service address below. You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that LearnNewMedia, in its sole discretion, deems offensive.

8.     License Granted by You

By providing content or information to us, including by submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Subject to the terms of our Privacy Policy, any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

9.     Advertising

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

10.  No Commercial Use

This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain LearnNewMedia’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. LearnNewMedia will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

11.  Links and Search Results

The Site contains links to sites operated by third parties throughout the World Wide Web. LearnNewMedia has no control over these sites or the content within them. LearnNewMedia does not guarantee, represent or warrant that the content contained in any third party sites is accurate, legal and/or inoffensive. LearnNewMedia’s Privacy Policy will not apply to the collection or use of information at any website other than www.LearnNewMedia.com. LearnNewMedia does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise affect your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against LearnNewMedia for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at the Customer Service address above.

12.  Intellectual Property

You acknowledge that all content and materials available on this Site are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by LearnNewMedia or our licensors. Except where otherwise noted, you may download, print or view individual pages for noncommercial use, provided you do not delete or change any of the information, including copyright or trademark notices. You may only use the Site or its contents as expressly permitted in this Terms of Use and for no other purpose. LearnNewMedia, our licensors or associates retain exclusive ownership of all data, material and other information regarding your use of the Site. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks or used under license by LearnNewMedia. The use or misuse of any of these materials is strictly prohibited.

13.  Digital Millennium Copyright Act Policy

(1)  If you are notifying LearnNewMedia of alleged copyright infringement, please be sure to provide the following information in the form required by 17 U.S.C. Section 512:

(2)  A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;

(3)  A description of the allegedly infringing material and information sufficient to permit us to locate the material;

(4)  Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;

(5)  A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and

14.  Designated Agent for Notification of Claimed Copyright Infringement

Attn: Customer Service PO Box 51687 Boston, MA 02205 1-(617)-817-9412

15.  DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE ‘‘WEBSITE CONTENT’’) ARE PROVIDED ‘‘AS IS’’ AND ‘‘AS AVAILABLE’’ FOR YOUR USE. THE WEBSITE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER LearnNewMedia NOR OUR SUBSIDIARIES, AFFILIATES OR LICENSORS, MAKE ANY WARRANTY THAT THE WEBSITE CONTENT OF THE SITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE WEBSITE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.

16.  LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL LearnNewMedia, OUR SUBSIDIARIES, AFFILIATES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

17.  Indemnification

You agree to defend, indemnify, and hold LearnNewMedia and our subsidiaries and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims and expenses, including attorney's fees, that arise from your use or misuse of the Site or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

18.  International Use

By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. LearnNewMedia makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to, any United States export laws and regulations.

19.  Choice of Law

This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Florida U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in the State of Florida, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

20.  Integration and Severability

This Terms of Use constitutes the entire agreement between LearnNewMedia and you with respect to the Site and supersedes all prior or contemporaneous communications and proposals between us with respect to the Site. If any provision of this Terms of Use agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.

21.  Privacy Policy

Our Privacy Policy is part of these Terms and Conditions of Use.

22.  Purchases

Our Terms and Conditions of sale are part of these Terms and Conditions of Use.

23.  Headings

Section titles in the Term of Use are for convenience and do not define, limit, or extend any provision of the Terms of Use. This website is owned and operated by soundimage, Inc. d/b/a “LearnNewMedia”, PO Box 51687, Boston, MA 02205.

24.  Privacy Policy

This privacy policy applies to information provide when you visit or use the LearnNewMedia.com website, when you request information from LearnNewMedia by email, and when you request or make purchases from the LearnNewMedia site. Our Privacy Policy does not apply to other websites you may visit, including those that may be linked to this website. LearnNewMedia is not responsible for and cannot control the privacy or other practices of websites owned or operated by others.

25.  Information We Collect.

When you visit our website we place a small file on your computer called a "cookie." This cookie gives you a temporary number to identify you as you navigate our website. This helps us to make your use of our website easier. The cookie does not contain credit card numbers or other sensitive information and disappears at the end of your online session. Our cookie does not monitor or report on your activities away from our website. We also collect contact information that you provide to us when you set up an online account, send us email, request a catalog, or make a purchase online. We collect your name, mailing address, telephone number, and email address. If you make a purchase, we will collect the account number and security information required to complete the transaction. We do not intend to collect information or accept orders from individuals younger than 13 years old. If you are under age 13, please have an adult provide contact information and place your orders.

26.  How We Use Your Information.

We use the information you provide to complete the purchases you make and to deliver our catalogs and promotional materials. We may provide your contact information to third parties who help us process your orders and respond to your inquiries, including call centers, fulfillment centers, data processing centers, mail centers, and similar service providers. If you make a purchase or sign up to receive our catalog, your contact information may also be provided to third parties to send you information about products and services we think you would enjoy. We may provide your information to other parties as required or permitted by law, including in response to law enforcement inquiries, legal process, in connection with a sale or merger of all or part of our business, or in the connection with a bankruptcy or similar proceeding.

27.  Correcting or Limiting Use of Your Information.

If you want to correct information we have collected about you, write to us at Customer Service or contact us using our online contact form at www.LearnNewMedia.com. If you do not want your name and address to be shared with third parties for promotional purposes, type “Remove from third parties list” in the “Questions or Comments” field online or in a letter sent to the address below.

28.  Information Security

LearnNewMedia has adopted security measures to reduce the risk of loss, misuse, or alteration of the information under our control. All customer credit card information is transferred using HTTPS (secure http) and SSL (Secure Socket Layer), meaning, your personal information is encrypted it is in transit. Despite these measures, no website can guarantee absolute security of your information. You should be aware that LearnNewMedia has no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.

29.  Policy Updates and Effective Date.

This privacy policy was last updated and became effective on October 9, 2006. Our Privacy Policies may change from time to time. We will notify you of changes to our Privacy Policy by posting them to this website. Your continued use of the website constitutes your acceptance of any changes or revisions to our Privacy Policy. This website is owned and operated by soundimage, Inc. d/b/a “LearnNewMedia”, PO Box 51687, Boston, MA 02840.