www.captivadigital.com   Copyright © 2004   Captiva Digital, LLC   All rights reserved

TERMS OF SERVICE INTRODUCTION Welcome to the Captiva Digital Web Site (the "Site"), provided to you (the “Customer”) by Captiva Digital, LLC ("Captiva Digital"). Please review the following terms of service before using this Site. This agreement, and any other terms and conditions posted on any individual page of this Site, governs the customer services on the Site. Use of this Site constitutes acceptance of these terms and creates a binding legal agreement wherein you agree to use the Site in a manner consistent with all applicable laws and according to the terms and conditions listed below. COPYRIGHT AND TRADEMARK INFORMATION © Copyright 2004 Captiva Digital, LLC. Captiva Digital, captivadigital.com, Captivideo, Captivaudio, Captivimage, Captivevent, Captivindex, Captivindex DVD, and the Captiva Digital logo are all pending trademarks of Captiva Digital, LLC. All rights reserved. All other Captiva Digital product names, service names, slogans or logos referenced in this Site are pending trademarks or registered trademarks of Captiva Digital. All images, text and any other content on this site are protected by copyright, trademark, patent or other proprietary rights and laws. Captiva Digital reserves its rights in and to all other content contained in the Site. DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY Captiva Digital hereby disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material in this Site. Captiva Digital disclaims any responsibility for any harm resulting from downloading or accessing any information or material through the Site. You, the Customer, will bear all risk associated with any content that you access. Accessing any content made available by or through Captiva Digital and third parties is subject to Customer's agreement to this provision and these Terms and Conditions. Video Processing - Limit of Liability and Remedy. All processing of Customers' video is subject to Captiva Digital, LLC's Terms of Service. Submitting any videotapes to Captiva Digital for processing, storage, transmission or other handling constitutes an agreement by the Customer that any damage or loss by Captiva Digital, LLC, it's subsidiaries, employees, or agents, even if caused by negligence or other fault, will only entitle the Customer to replacement with a like amount of blank videotape and processing. Except for the exclusive remedy of replacement, the handling of any videotape is without warranty or liability and recovery for any incidental or consequential damages is excluded. THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, Captiva Digital DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. Captiva Digital DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. Captiva Digital SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE. YOU, THE CUSTOMER, UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL. UNDER NO CIRCUMSTANCES SHALL Captiva Digital BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR ITS ASSOCIATED PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Captiva Digital HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. o THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. GOVERNING LAW All legal issues arising from or related to the use of this Site shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of New Jersey without regard to conflicts of law principles. By using this Site and agreeing to these Terms and Conditions, the Customer consents to personal jurisdiction and venue in the state and federal courts located in and serving Essex Country, New Jersey with respect to such disputes arising out of or relating to these Terms and Conditions or the Customer's use of the Site. INDEMNITY By using this web site the Customer agrees to indemnify Captiva Digital and it's parents, subsidiaries, affiliates, directors, officers, consultants and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from the Customer's use of this Site and services of Captiva Digital, LLC. MODIFICATION OF TERMS Captiva Digital reserves the right to change this policy at any time, for any reason, and without notice, including the right to terminate these services. Therefore, it is the Customer's responsibility to use this Site only for the purpose in which it was intended. Any use of the Site not in accordance with the intended purpose is prohibited. ENTIRE AGREEMENT These Terms of Service constitute the entire agreement between the you, the Customer, and Captiva Digital with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Captiva Digital's representations and you with respect to the subject matter hereof, except that any other terms and conditions located on any individual site associated with Captiva Digital are incorporated herein by this reference to the extent they do not conflict with these Terms of Service. VIOLATIONS OF TERMS OF SERVICE Should the Customer violate these Terms of Service or any other rights of Captiva Digital, Captiva Digital reserves the right to pursue any and all legal and equitable remedies against the Customer. If Captiva Digital should fail to enforce any right or provision in these Terms of Service, the Customer agrees that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Service. If a court should find that one or more rights or provisions set forth in these Terms of Service are invalid, the Customer agrees that the remainder of the Terms of Service shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties' intentions, as reflected in any such right or provision that has been declared invalid or unenforceable. REPORTING VIOLATIONS OF THESE TERMS OF SERVICE Any violations of these Terms of Service should be immediately reported to Captiva Digital by email to info@captivadigital.com.