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DISCLAIMER & TERMS OF USE
Aug 28, 2008

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Acceptance of Terms

These terms of use cover www.RedLightXbox360.com.com (the “Site” or “RedLightXbox360.com”). By using the Site you ("you" or "your") agree that you have read, understand and agree to be legally bound by the terms and conditions set forth or referenced below ("Terms of Use"). If you do not agree to these Terms of Use, do not use or access the Site. RedLightXbox360.com reserves the right to change these Terms of Use from time to time and at its sole discretion. Your continued use of the Site following the posting of any changes to the Terms of Use constitutes your acceptance of such changes.

Privacy Policy
Your use of the Sites is governed by the RedLightXbox360.com Privacy Policy located at www. RedLightXbox360.com.com/privacy, which is incorporated by this reference. You agree to our collection, use and sharing of your information as set forth in the RedLightXbox360.com Privacy Policy.

User Conduct
All documents and other information provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by RedLightXbox360.com and RedLightXbox360.com grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) any RedLightXbox360.com copyright notice (set forth below) and this permission notice appear in the Materials so displayed, copied or downloaded; (2) such display, copy or download is solely for your personal or internal informational use and is not to be distributed or otherwise transmitted outside of your home or company, or otherwise broadcast or reposted in any media. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials. You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to the Materials.

No Framing
You agree not to “frame” or “mirror” any Materials or third party content contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of RedLightXbox360.com or its licensors, respectively.

Proprietary Rights
RedLightXbox360.com owns all rights or holds a license in and to the Site and all materials and content contained therein, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of these materials provided is strictly prohibited.

Computer Software
Any computer software which may be downloaded or is otherwise available from the Site is licensed subject to the terms of its associated license agreement only, unless expressly stated otherwise. You will not be able to use, download or install any software unless you agree to the terms of such license agreement. Except as expressly permitted in the applicable license agreement, you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on the Site without RedLightXbox360.com’s express prior written consent. RedLightXbox360.com and its licensors retain title to any such software downloaded from the Site and you are granted only a non-exclusive license to use such software in accordance with the applicable license agreement. Such software is warranted, if at all, only according to the terms of the license agreement. EXCEPT AS EXPRESSLY WARRANTED IN THE ASSOCIATED LICENSE AGREEMENT, RedLightXbox360.com DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NO INFRINGEMENT. RedLightXbox360.com and its licensors reserve all other intellectual property rights in and relating to such software.

Copyrights
If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, we may, in our sole discretion, investigate the allegation and/or edit, remove or request the removal of such content.
If you believe that the Site has infringed your copyright in any material way, please notify the Site's Copyright Agent, and provide the following information:
a. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

an identification of the copyrighted work claimed to have been infringed;
an identification of the material that you claim is infringing so that we may locate it on the Site;
your address, telephone number and email address;
a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
a statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
You can contact the Site's Copyright Agent at webreviews@hotmail.com.
DISCLAIMER OF WARRANTIES
RedLightXbox360.com PROVIDES THE SITE ON AN "AS IS" AND "AS AVAILABLE” BASIS. RedLightXbox360.com, ITS OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, RedLightXbox360.com DOES NOT WARRANT THAT THE SITE WILL BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; MEET YOUR REQUIREMENTS; OR OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SITE, AND ANY SERVICE OR SOFTWARE IS SOLELY AT YOUR RISK.

EXCLUSION OF DAMAGES
RedLightXbox360.com, AND ITS OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY SOFTWARE OR SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF RedLightXbox360.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

LIMITATION ON LIABILITY
IN NO EVENT WILL RedLightXbox360.com'S LIABILITY TO YOU IN CONNECTION
WITH THE SERVICE OR THESE TERMS OF USE EXCEED $150.00.

APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, RedLightXbox360.com'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET ABOVE MAY NOT APPLY TO YOU.

THIRD-PARTY WEB SITES
THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SITE ARE NOT CONTROLLED BY RedLightXbox360.com. ACCORDINGLY, RedLightXbox360.com MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY RedLightXbox360.com.

Certain information and content may be provided by third parties to RedLightXbox360.com (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal or internal business use. You acknowledge and agree that you have no right to download, cache or display any of the Third Party Content except as set forth in this paragraph. You further acknowledge and agree that you have no right to reproduce, modify, edit, alter or enhance any of the Third Party Content in any manner.

Indemnification
You will indemnify and hold harmless RedLightXbox360.com and its representatives, agents, affiliates, directors, officers, employees, managers and shareholders (the "Indemnified Parties"), and at RedLightXbox360.com' option defend the Indemnified Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action ("Claim") brought against any of the Indemnified Parties arising out of your use of the Site or alleged breach by you of any provision of these Terms of Use. If you are obligated to indemnify RedLightXbox360.com, RedLightXbox360.com may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of RedLightXbox360.com.

Termination
In its sole and absolute discretion, with or without notice to you, RedLightXbox360.com may suspend or terminate your use of the Site.

General
These Terms of Use and the relationship between you and RedLightXbox360.com shall be governed by the laws of the United States and the State of California without regard to its conflict of law provisions. Any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in Los Angles and you irrevocably consent to the personal jurisdiction of such courts. No failure or delay by RedLightXbox360.com in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms and conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without RedLightXbox360.com’ prior written consent.

Trademarks


RedLightXbox360.com is a trademark of the Site. All other marks, names, and logos mentioned herein are the property of their respective owners.

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