Agreements

As part of our policy to support the legal owners of copyrighted material, we will not transfer any of the following video content using our digital media service without the written consent of the copyright owner - movies, TV shows, professional sports, music videos, concerts and other live performances.

CANI Digital Media will not digitize and/or author material (source video) copyrighted by anyone other than the client without written authorization that permission to duplicate has been granted by the copyright owner. Due to workflow, the video edit/author technician of CANI Digital Media may not know the content of a client’s material. It is therefore, the sole responsibility of the client to ensure that if the source video is copyrighted, permission has been obtained from the copyright owner to duplicate the source video.

Copyrighted, unlicensed, or pornographic video content will be returned to customer without converting to a digital format.

Legal Information and Disclaimer

The following describes the terms on which CANI Digital Media^sm offers you services and products. Submitting a videotape to the CANI Digital Media Service (the “Service”), you “Customers” accept the terms and conditions below. CANI Digital Media may, at its discretion, add or delete features. You agree to use the Service consistent with all laws and regulations and in accordance with the terms below.

Customer Content

CANI Digital Media is not responsible for the content of any CANI Digital Media product, and the views expressed in the Customer content are the responsibility of the Customer and not CANI Digital Media. CANI Digital Media reserves the right to refuse to transfer any content using the Service. CANI Digital Media places a legal disclaimer on each Service product. Removal of that disclaimer or any additional information placed along with the disclaimer is prohibited. CANI Digital Media provides the service but makes no implied or expressed warranties about the reliability of the Service. CANI Digital Media is not responsible for any damage caused by loss of access to, or deletion or alteration of content. Customers are responsible for monitoring and creating backups of their videotapes.

The following is a non-exclusive list of actions and content that are not permitted:

Use of copyrighted material without the express permission of the owner.

Use of material that is likely to infringe upon the copyright of third parties.

Material that encroaches the rights of others, including expressions of bigotry, racism, or hatred.

Material that is perceived by CANI Digital Media as abusive, deceptive, profane, slanderous, offensive or inappropriate, including pornography or material that violates any laws or regulations of any governing

body with jurisdiction over CANI Digital Media, its affiliates and/or users.

It is the policy of CANI Digital Media to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations.

All material provided by CANI Digital Media including, without limitation, text, software, photos, video, graphics, music and sound, are protected by U.S. and international copyright laws, both as individual works and as a collection. The use of copyrighted material provided by CANI Digital Media or a third-party content provider is allowed by Customers for personal use. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any such copyrighted material in any format, electronic or otherwise.

LIMITATION OF LIABILITY AND WARRANTY

THE DVD/CD MEDIA SUPPLIED BY CANI DIGITAL MEDIA IS WARRANTED FOR 30 DAYS FROM SHIPMENT/RELEASE TO CUSTOMERS FOR PHYISCAL DEFECTS. USE OF THE SERVICE IS ENTIRELY AT THE CUSTOMER’S OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER CANI Digital Media NOR ANY THIRD-PARTY CONTENT OR SERVICE PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTENT, INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE SERVICE.

THE CUSTOMER SPECIFICALLY AGREES THAT CANI DIGITAL MEDIA OR THIRD-PARTY CONTENT OR SERVICE PROVIDERS ARE NOT LIABLE FOR ANY CONDUCT BY CUSTOMERS ASSOCIATED WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, VIDEOTAPE CONTENT.

CANI DIGITAL MEDIA AND THIRD-PARTY CONTENT PROVIDERS MAKE NO GUARANTEE OF THE ACCURACY, CORRECTNESS, OR COMPLETNESS OF ANY INFORMATION, SERVICE OR PRODUCT AND ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF SUCH INFORMATION; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT OR SERVICES CONTAINED WITHIN THE SERVICE; OR LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT OR SERVICES PROVIDED BY THE SERVICE.

Indemnity by Customer

A Customer agrees to indemnify CANI Digital Media and any third-party provider against any and all claims and expenses, including attorney’s fees, arising from the Customer’s use of the Service. This expressly includes claims or any liability arising from the violation or infringement of proprietary rights or copyrights.

Choice of Law; Jury Trial Waiver

This Agreement shall be constructed and controlled by the laws of the State of Georgia, without regard to its conflict of law provisions. The laws of the State of Georgia will govern any dispute arising hereunder. The Customer agrees to personal jurisdiction by the state and federal courts of the State of Georgia. THE PARTIES WAIVE THEIR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY AND ALL DISPUTES ARISING UNDER OR RELATING TO THIS AGREEMENT.

Merger Clause

This Agreement constitute the entire agreement between the parties with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between CANI Digital Media representatives an the Customer. CANI Digital Media may amend this Agreement at any time with notice from CANI Digital Media to the Customer as published in the Terms and Conditions, and published on the canidigital.com.

I have read and understand the CANI Digital Media Terms and Conditions.

Copyright ã 2001 CANI Digital Media All Rights Reserved.

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