Disclaimer and Legal Information

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2. Copyrighted Material

   All material provided by The Video Editor 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 The Video Editor 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.

   
   
3. LIMITATION OF LIABILITY AND WARRANTY

   THE DVD MEDIA SUPPLIED BY THE VIDEO EDITOR IS WARRANTED FOR 30 DAYS FROM SHIPMENT TO CUSTOMERS FOR PHYSICAL 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 THE VIDEO EDITOR 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 THE VIDEO EDITOR 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.

   
   

   THE VIDEO EDITOR AND THIRD-PARTY CONTENT PROVIDERS MAKE NO GUARANTEE OF THE ACCURACY, CORRECTNESS, OR COMPLETENESS 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.

   
   
4. Indemnity by Customer

   A Customer agrees to indemnify The Video Editor and any third-party provider against any and all claims and expenses, including attorneys' fees, arising from the Customer's use of the Service. This expressly includes claims or any and all liability arising from the violation or infringement of proprietary rights or copyrights.

   
   
5. Choice of Law; Jury Trial Waiver

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

   
   
6. Merger Clause

   This Agreement along with the The Video Editor Member 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 The Video Editor representatives and the Customer. The Video Editor may amend this Agreement at any time with notice from The Video Editor to the Customer as published on The Video Editor.com.

   
   

Service Agreement: Limit of Liability and Guarantee