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Mediachest User Agreement
Last update: February 12, 2004

Welcome to Mediachest's personal media inventory and sharing system (collectively, the "Site"). Any person who wishes to access the Site to borrow, loan or inventory goods or to use the other services provided on the Site (collectively, the "Services") must accept the terms and conditions of this User Agreement, without change. PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.

Mediachest, Inc. (hereinafter "Mediachest," or "Mediachest.com") reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. You can review the most current version of this Agreement at any time at http://www.mediachest.com/help/terms_of_service.html. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING MEDIACHEST'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

Eligibility.
Use of the Site and the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, minors may not use the Services. Every person who uses the Services hereby represents to Mediachest that he or she is not a minor, is at least over the age of eighteen (18) and may otherwise enter into and form binding contracts under applicable law.

Fees.
We do not currently charge fees for listing items for loan through our Site or for borrowing items from Loaners on our site.

Mediachest is a Venue.
Mediachest provides a venue for third-party loaners ("Loaners") and borrowers ("Borrowers") to negotiate and complete transactions. Mediachest is not involved in the actual transaction between Loaners and Borrowers and is not the agent of and has no authority for either for any purpose.

We do not own or handle any of the goods and services listed on the site. As a result, we cannot verify or endorse the quality, safety, or legality of the items listed, or the truth or accuracy of the classifieds. Without limitation, you may not list any item or link or post or request or offer to borrow or loan any related material that (a) infringes any third-party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); (b) constitutes libel or slander or is otherwise defamatory; or (c) is counterfeited, illegal, stolen, or fraudulent. It is up to the Loaner to accurately describe the item available for loan.

Because we are a venue, in the event that you have a dispute with one or more users, you release Mediachest (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Borrowing.
As a Borrower, you are obligated to complete the transaction with the loaner. After the loaner confirms your request to borrow their item, you must accept their preferred method of transporting the product to you within 2 weeks.

Listing and Loaning.
As a Loaner, you are obligated to complete the transaction with the borrower. When you receive and confirm a borrow request from the borrower you must notify them of your preferred method of transporting the product to the them so that they may obtain the product within 2 weeks. You are required to accurately describe and list the items you make available for loaning. If your descriptions are not accurate you are required to either remove them, or update them to be accurate.

Privacy.
We do not sell or rent your personally identifying information, including but not limited to your Mediachest username, email address, postal mail address, phone number, credit card number, and internet chat screen name to third parties for their marketing purposes without your explicit consent. We may sell or rent statistical information aggregated across all or some of the users of our website which may include you, including but not limited to the number and type of items owned, and frequency of use of our Services. If Mediachest, Inc. is acquired, bought, or merged with another company the resulting company will be granted full rights to the information contained in our database including, but not limited to your personally identifying information and inventory of products.

No Warranty.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. MEDIACHEST MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
1. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
2. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;
3. THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY LOANERS, AVAILABLE FOR LOAN AT THE TIME OF LISTING, LAWFUL TO LOAN, OR THAT LOANERS OR BORROWERS WILL PERFORM AS PROMISED;
4. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND
5. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF MEDIACHEST.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MEDIACHEST DISCLAIMS ANY AND ALL SUCH WARRANTIES.

Limitation of Liability.
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to You.

Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your negotiations, classified ad, purchase, and sale of items and services.

Indemnity.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD MEDIACHEST AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.

No Agency.
You and Mediachest are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

General Release.
BECAUSE MEDIACHEST IS NOT INVOLVED IN TRANSACTIONS BETWEEN BORROWERS AND LOANERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE MEDIACHEST (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Notices.
Except as explicitly stated otherwise, any notices shall be given by email to the email address You provide to Mediachest during the sign-up process, or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.

Location of Lawsuit.
The Mediachest Terms of Service, provides that both you and Mediachest agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Clarke, Georgia.

Breach.
Without limiting other remedies, Mediachest may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if Mediachest is unable to verify or authenticate any information you provide to Mediachest; or (c) if Mediachest believes that your actions may cause legal liability for you, other Mediachest users, or Mediachest.
Termination.
Mediachest, in its sole discretion, may terminate or modify this Agreement, access to the Site or the Services, or any current auctions immediately without notice for any reason.

Reservation of Rights.
Mediachest retains the right to immediately halt any offer to loan or borrow, prevent or restrict access to the Site or the Services, or take any other action to restrict access to or availability of objectionable material, any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited.
General.
This Agreement shall be governed in all respects by the laws of the State of Georgia as such laws are applied to agreements entered into and to be performed entirely within Georgia between Georgia residents. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Copyright.
If you believe that there is a copyright violation with your or another entity's work, contact Mediachest through the Site contact form.