Scope Seven, Inc., either directly or through Global Digital Media Exchange or its Affiliates (collectively, “we” or “us”) is providing you with access to online systems and underlying software, programs, applications and files that will help you manage projects in a controlled access environment (the “Services”).  The sole purpose for providing you access to these Services is to simplify and expedite the exchange of information needed to move projects forward to completion. Your use of these Services is subject to the terms and conditions outlined below.

You have been designated as an Authorized User by us.  You will be issued a unique ID and password providing you access to only the information regarding your company’s projects.  You may not copy, modify, create derivative works from or merge our Services into other material to make an updated or different work.  We retain all right, title, and interest in and to these Services.

You shall not perform any act designed to impede or prohibit normal operation of these Services.  Access to the Services may be terminated, with notice to you, at our sole discretion under the following conditions: you generate a condition which interferes with the normal operation of the Services; you engage in unauthorized use of the Services; or the rights of the affiliate through which you are provided the Services are suspended or terminated.  You shall not share, rent, or sublicense any of your rights to access these Services to any other party.

We may from time to time establish general practices and limits on the use of these Services, including, but not limited to, limits on retention time, file size, and storage space for materials added by you.  We shall have no liability or responsibility for the deletion or failure to store any information or materials.

You will not use these Services to:  harm minors in any way; upload, post or otherwise transmit any content that is illegal or immoral or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or the Services..

WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THESE SERVICES.  ACCURACY OF ANY DATA TRANSMITTED MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.  YOU ARE USING THESE SERVICES AT YOUR OWN RISK.

WE WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY YOUR USE OF THE SERVICES.

WE WILL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OPPORTUNITIES CAUSED DIRECTLY OR INDIRECTLY BY FAILURE OR ERRONEOUS PERFORMANCE OF THE SERVICES.

YOU WILL BE LIABLE TO US FOR ANY AND ALL DAMAGES CAUSED DIRECTLY OR INDIRECTLY BY ANY UNAUTHORIZED USE OF THE SERVICES BY YOU.

In the event that you become aware of any disputes, controversies, and claims arising out of or related to this Agreement, you shall immediately notify us of such dispute, controversy, or claim and we shall have the sole right to handle and conduct the defense of such action.

All disputes, controversies, and claims arising out of or related to this Agreement shall be determined by arbitration in Los Angeles, California, U.S.A. in accordance with and pursuant to the then existing International Arbitration Rules of the American Arbitration Association and the provisions of the New York Convention.  The arbitrator may award reasonable attorney’s fees to the prevailing party of any arbitration hereunder.  The arbitrator may not award punitive damages to any party of any arbitration.  The parties specifically waive all rights to any claims for punitive damages against each other.

You are accepting this Agreement by clicking on the “Submit” button.

Scope Seven, Inc.

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