Donald Ingram Studios Website Terms of Use and Notices

Last Updated: January 2009

1. THIS IS AN AGREEMENT BETWEEN YOU AND Donald Ingram Studios
This is an agreement ("Agreement") between you and Donald Ingram Studios (or, if applicable based on where you live, one of its affiliates). This Agreement governs your use of any Web site or Web page operated by Donald Ingram Studios (each, an "Donald Ingram Studios Web Site," and collectively, the "Donald Ingram Studios Web site"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.

Donald Ingram Studios OFFERS Donald Ingram Studios WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF Donald Ingram Studios WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.

THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, and 10); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW Donald Ingram Studios MAY MODIFY THIS AGREEMENT
Donald Ingram Studios reserves the right to change the terms, conditions, and notices under which it offers Donald Ingram Studios Web Site, including any charges associated with the use of Donald Ingram Studios Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Donald Ingram Studios Web Site. Your continued use of Donald Ingram Studios Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS
Donald Ingram Studios Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Donald Ingram Studios Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within an Donald Ingram Studios Web Site, then the terms in this Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF Donald Ingram Studios WEB SITE
Donald Ingram Studios Web site are only for your personal and commercial advertisement use. You will not use Donald Ingram Studios Web site in any way that is unlawful, or harms Donald Ingram Studios, its affiliates, resellers, distributors, service providers and/or suppliers (each, an "Donald Ingram Studios Party" and collectively, the "Donald Ingram Studios Parties") or any customer of an Donald Ingram Studios Party, as determined in Donald Ingram Studios's sole discretion. Donald Ingram Studios may tell you about certain specific harmful uses in a code of conduct or other notices available through an Donald Ingram Studios Web Site, but has no obligation to do so. You may not use Donald Ingram Studios Web Sits in any way that breaches any code of conduct, policy or other notice applicable to Donald Ingram Studios Web Site. Without limiting the generality of this section, you may not use Donald Ingram Studios Web Site in any manner that could damage, disable, overburden, or impair any Donald Ingram Studios Web Site (or the network(s) connected to any Donald Ingram Studios Web Site) or interfere with any other party's use and enjoyment of Donald Ingram Studios Web site.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use Donald Ingram Studios Web Site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Donald Ingram Studios may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of Donald Ingram Studios Web site includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through Donald Ingram Studios Web Site.

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Donald Ingram Studios related to Donald Ingram Studios Web Site (an "advertisement submission"), you grant Donald Ingram Studios permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with Donald Ingram Studios Web site, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Donald Ingram Studios will not pay you for your Submission. Donald Ingram Studios may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Donald Ingram Studios may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of Donald Ingram Studios Parties or any customer of a Donald Ingram Studios Party.

7. INFORMATION AVAILABLE FROM Donald Ingram Studios WEB SITE
Donald Ingram Studios and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from Donald Ingram Studios Web Site. Donald Ingram Studios and its suppliers do not authorize the use of information available from Donald Ingram Studios Web Site for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Donald Ingram Studios is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in Donald Ingram Studios Web site constitute an offer or solicitation to buy or sell any security. Donald Ingram Studios does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in Donald Ingram Studios Web site is intended to constitute professional advice, including but not limited to, investment or tax advice.

8. Donald Ingram Studios MAKES NO WARRANTY
Donald Ingram Studios PROVIDES Donald Ingram Studios WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Donald Ingram Studios PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. Donald Ingram Studios PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF Donald Ingram Studios WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY Donald Ingram Studios PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF Donald Ingram Studios WEB SITE, EVEN IF SUCH Donald Ingram Studios PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH Donald Ingram Studios WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Donald Ingram Studios PARTY WITH RESPECT TO THIS AGREEMENT OR Donald Ingram Studios WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Donald Ingram Studios WEB SITE.

10. CHANGES TO Donald Ingram Studios WEB SITE; ADDITIONAL LIABILITY LIMITATION
Donald Ingram Studios PARTIES MAY CHANGE Donald Ingram Studios WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use Donald Ingram Studios Web site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Donald Ingram Studios and persons other than Donald Ingram Studios (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT Donald Ingram Studios PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT Donald Ingram Studios IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF Donald Ingram Studios WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN Donald Ingram Studios WEB SITE AND OTHER WEB SITE, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH Donald Ingram Studios WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON Donald Ingram Studios WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

11. TERMINATION; ACCESS RESTRICTION
Donald Ingram Studios may terminate this Agreement, or terminate or suspend your access to Donald Ingram Studios Web site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use Donald Ingram Studios Web site will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON Donald Ingram Studios WEB SITE MAY NOT BE RETRIEVED LATER.

12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Donald Ingram Studios Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Georgia, without reference to conflict of laws principles. If this Agreement is with an Donald Ingram Studios affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Donald Ingram Studios affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Donald Ingram Studios Web site are directed. If this Agreement is with Donald Ingram Studios, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Fulton County, Georgia, USA in all disputes arising out of or relating to the use of Donald Ingram Studios Web site. If this Agreement is with a Donald Ingram Studios affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Donald Ingram Studios affiliate in all disputes arising out of or relating to the use of Donald Ingram Studios Web site.

13. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Donald Ingram Studios may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in Donald Ingram Studios Web site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Donald Ingram Studios with respect to Donald Ingram Studios Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Donald Ingram Studios with respect to Donald Ingram Studios Web site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

14. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND Donald Ingram Studios AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Donald Ingram Studios WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of Donald Ingram Studios Web site are Copyright © 2002-2009 Donald Ingram Studios and/or its suppliers, All rights reserved. Donald Ingram Studios, Donald Ingram Studios logo, and/or other Donald Ingram Studios products and services referenced herein may also be either trademarks or registered trademarks of Donald Ingram Studios in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

16. OTHER NOTICES
Third Party Account Information By using the "Listings Manager" service through Donald Ingram Studios Web site, you authorize Donald Ingram Studios and its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Donald Ingram Studios and its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Donald Ingram Studios and its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.
Donald Ingram Studios Bill Pay Service Terms of Use and Privacy Statement

Donald Ingram Studios Bill Pay service is provided by a third party service provider. Click here to view the third party service provider's terms and conditions for use of Donald Ingram Studios Bill Pay service. GivenLink for the privacy policy applicable to how the third party service provider handles your data for Donald Ingram Studios Bill Pay service.

17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE

18. FOR INFORMATION REGARDING Donald Ingram Studios.COM PRIVACY STATEMENT, SEE OUR PRIVACY POLICY PAGE.