Terms of Use

Introduction.

Welcome to High-Def Digest (the "Service"), a website owned and operated by Snugglefish Media ("we", "us" and derivatives). Please read the following terms and conditions of use (the "Terms") thoroughly and completely. These Terms govern the use of our Service, and your use of our Service indicates your agreement to abide by these Terms. If you do not wish to be bound by these Terms, then please do not use our Service.

Copyright.

Our service may include the use, publication, display and transmission of articles, posts, text, photographs, illustrations, video recordings, audio recordings, software, html, and source and object code articles, posts, text, photographs, illustrations, video recordings, audio recordings, software, html, and source and object code, as well as the selection and arrangement of the above (collectively, the "Material") whether created by us or by third parties.

We are the sole and exclusive owner of all Material created by us for use, publication, display and transmission in connection with our Service (the "Original Material"), and all Original Material is protected under the copyright laws of the United States. Unless expressly permitted, you may not copy, reproduce, distribute, publish, incorporate into a database, publicly display, transmit, create derivative works based upon or in any way exploit the Original Material or any part thereof. However, you may make one print copy of any portion of the Original Material solely for your personal, non-commercial use, provided that you retain all applicable copyright notices on such printed copy. All requests for permission to use the Original Material other than as set forth in these Terms may be directed to us.

We may, from time to time, include certain Material created and/or owned by third parties (the "Third Party Material") in connection with the Service. With respect to such Third Party Material, we make no representation or warranty regarding the copyright status of such Third Party Material, and any copying, reproduction, distribution, publication, display, transmission or other use by you of such Third Party Material is at your own risk. Some Third Party Material may be licensed to us for our exclusive use in connection with the Service; however, we have no right or authority authorize the copying, reproduction, distribution, publication, display, transmission or other use by you of such Third Party Material. All requests for permission to use any Third Party Material may be directed to the third party that owns said Material.

Accuracy.

Our Service may, from time to time publish rumors and conjecture in addition to accurately reported information. Information presented on our Service may contain errors or inaccuracies, and we make no representations or warranties with respect to the accuracy, correctness or reliability of the content of our Service. We have no responsibility for the accuracy, correctness or reliability of any information contained on any website to which we may link or from which we may quote.

Linking.

If you wish to link to our Service (or publish a so-called "deep link" to a specific section of our Service) on a third party website, you may do so provided you agree to remove such link upon our request.

Our Service may, from time to time, link to external, third party websites, including, without limitation, specific product pages contained on Amazon.com (collectively, the "Third Party Websites"). We do not guarantee, approve or endorse the information or products available at any such Third Party Website or any information copied to our Service directly from a Third Party Website, nor do we have any responsibility for such information or products. We do make any warranties or representations, either express or implied, regarding any information or products available at any Third Party Website, including, without limitation, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Our publication of any link to a Third Party Website or any information copied to our Service directly from a Third Party Website does not indicate any association with, control over, or endorsement of such Third Party Website. By following a link to a Third Party Website, you thereby assume complete responsibility and risk in your use of such Third Party Website.

User Submissions.

If you submit to us or to our Service, by e-mail or otherwise, any material ("User Material") including, without limitation, articles, posts, text, photographs, illustrations, video recordings, audio recordings, html, or other works of expression, you thereby grant us the non-exclusive worldwide license, in perpetuity, to copy, modify, edit, change, post, publish, reproduce, distribute and otherwise exploit such User Material, in any and all media (including, without limitation, as part of our Service), whether now known or hereafter devised, without any monetary payment therefor (you hereby acknowledge that the publicity and exposure of such User Material on our Service shall be sufficient consideration for the rights granted in this paragraph). By submitting User Material to us and/or our Service, you (i) waive any and all so-called "moral rights of authors" or "droit moral" rights (and/or any similar or analogous rights under any applicable law of any jurisdiction) with respect to the submitted User Material, (ii) represent and warrant that the submitted User Material will not constitute a libel or defamation of, or invasion of any rights (including, without limitation, the right of privacy or publicity) of any person or entity, (iii) have the full and sole right and authority to grant and convey the license as set forth in this section, and (iv) agree to indemnify us and hold us harmless from and against any claims, charges, damages, costs, expenses (including reasonable outside attorneys' fees), judgments, settlements, penalties, liabilities or losses of any kind or nature whatsoever which may be made, asserted, maintained, sustained or suffered by or secured against or imposed upon us, or any of our employees by reason of the breach of any your representations and/or warranties set forth in this section.

We will endeavor to respect your anonymity should you make any submission to us or to our Service, by e-mail or otherwise. However, we reserve the right to disclose your identity to any of our employees and business representatives, to law enforcement officials, or as otherwise may be required by law.

User Content Posted to High-Def Digest Forums.

High-Def Digest does not claim ownership of Content you post in our forums area. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of High-Def Digest Forums, you grant High-Def Digest the following world-wide, royalty free and non-exclusive license(s), as applicable:

With respect to Content you submit or make available for inclusion on publicly accessible areas of High-Def Digest Forums, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of High-Def Digest Forums that are intended by High-Def Digest to be available to the general public. By way of example, publicly accessible areas of the Service would include High-Def Digest Message Boards that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of High-Def Digest that are limited to members. The use of the Private Messaging Service in our forums area is not "Private" in the sense that it is a message seen only by the sender and receiver. While the message is private from the rest of the members, it is not encrypted and the administration of High-Def Digest and Snugglefish Media can view them if needed from the database.

DISCLAIMERS.

OUR SERVICE IS AVAILABLE "AS IS." WE DO NOT WARRANT THAT OUR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN OUR SERVICE OR AVAILABLE THOUGH LINKS IN OUR SERVICE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN OUR SERVICE. WE DO NOT WARRANT THAT OUR SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICE OR THE SERVERS THAT MAKE OUR SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH HARMFUL COMPONENTS. IF YOU RELY ON OUR SERVICE AND ANY MATERIALS AVAILABLE THROUGH OUR SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.

OUR SERVICE MAY CONTAIN, TRANSMIT AND/OR DISPLAY VARIOUS COMBINATIONS OF TEXT, IMAGES, FACTS, ARTICLES, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTIES. SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, NEWNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH OUR SERVICE. ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL SNUGGLEFISH MEDIA, ITS AFFILIATES OR ITS SUBSIDIARIES, OR THE RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SPONSORS, AND OTHER PARTNERS OF EACH BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO OUR SERVICE, THE SERVICES AVAILABLE ON THE SITE OR INFORMATION CONTAINED WITHIN, DISPLAYED BY OR TRANSMITTED BY OUR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF OUR SERVICE.

Indemnification.

By using our Service, you agree to indemnify and hold harmless Snugglefish Media, its parents, affiliates, subsidiaries, employees, directors, officers, agents, successors, assigns and licensees, and each of them, harmless from and against any and all liabilities, judgments, claims, demands, damages, penalties, interest, costs and expenses of every kind whatsoever (including, without limitation, outside attorneys' fees and disbursements) suffered or incurred by Company, the aforementioned parties and/or any of them, arising out of or resulting from any violation by you of these Terms of Use. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification hereunder. In such event, you agree to provide us with such cooperation as is reasonably requested by us.

Governing Law.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of Washington, as it is applied to agreements entered into and to be performed entirely within Washington and without giving effect to any principles of conflicts of laws. By using our Service, you agree that any lawsuit or other action brought by us, you or any third party to enforce these Terms, or in connection with any matters related to our Service, shall be subject only to the jurisdiction of either the state or federal courts located in King County, Washington.

Modification.

We reserve the right to change or modify these Terms of Use at any time. Any change or modification made will be effective immediately upon the posting of same on our Service, and your continued use of this site indicates your agreement to abide by any and all such changes or modifications.

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