1. By accessing this website (including extensions thereof) you are entering into this Terms of Use Agreement (“ToU”) with Beneton Software, and you agree to be bound by the terms of this ToU. This ToU includes the terms and conditions set forth herein, Beneton Software's Privacy Policy (which is available at http://software.benetonfilms.com/privacy_policy.php and incorporated herein by reference) and any other terms incorporated by reference herein. If you do not agree to the terms of this ToU, you must immediately stop use of this website. If you remain on this website, you agree to be bound by this ToU. YOU MUST BE AT LEAST 13 YEARS OLD TO USE THE SERVICES. IF YOU ARE UNDER THE AGE OF 13, USE OF THIS SITE AND THE SERVICES IS PROHIBITED.

2. Copyright Notice. © Beneton Software. All rights reserved.

3. If we request registration information from you, you will provide us with true, accurate, current, and complete information. You will promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also agree to log-out from your accounts at the end of each session. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

The technology and the software underlying our sites and the Services are the property of Beneton Software, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including, without limitation, for the purpose of obtaining unauthorized access to our sites.

Without limiting the foregoing, you agree that you will not use our sites to take any of the following actions:

a. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;

b. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

c. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;

d. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;

e. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

f. Download any file that you know or reasonably should know cannot be legally obtained in such manner;

g. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

h. Restrict or inhibit any other user from using and enjoying any public area within our sites;

i. Interfere with or disrupt our sites, servers, or networks;

j. Impersonate any person or entity, including, but not limited to, a Beneton Software representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

k. Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;

l. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure; or

m. Engage in any illegal activities.

You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums") only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

4. Unauthorized access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by Beneton Software for use in accessing our sites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

5. Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on Beneton Software system or network, should be promptly sent in the form of written notice to Beneton Software via this web page: http://software.benetonfilms.com/contact.php.

All claims must include the following information:

a. A physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (the “Complaining Party”);

b. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;

c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

d. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

e. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

f. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. Limited license to copy all documents and related graphics from this website is granted subject to the following:

a. The materials provided herein are for personal, non-commercial use only;

b. Any copies of documents contained on this website or portions thereof must include the above copyright notice,

c. You may not copy or print more than one copy of material posted on this website. Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by Beneton Software or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of Beneton Software or any third party. Except as expressly granted under this Agreement, all rights are reserved by Beneton Software; and

d. You may not display this website for commercial purpose without the prior express written consent of Beneton Software You may not use Beneton Software's name or trademarks without the prior express written consent of Beneton Software. You may not link to this website, without Beneton Software's prior consent, which consent may be withdrawn by Beneton Software at any time, with or without notice, in Beneton Software's sole discretion.

7. You may not send automated queries of any sort to Beneton Software’s system without express permission in advance from Beneton Software. Note that “sending automated queries” includes, among other things:
· Using any software which sends queries to Beneton Software
· “Meta-searching” Beneton Software; and
· Performing “offline” searches on Beneton Software’s website(s).

8. The Software may be subject to export controls or restrictions by the United States or other countries or territories. You agree to (i) comply with the requirements of the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR) (see http://www.bis.doc.gov) and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions, (ii) not export, or re-export, directly or indirectly, the Software to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, and (iii) not license, sell, provide or distribute the Software for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.

9. The Beneton Software name and Beneton Software logo, and all other related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of Beneton Software or its affiliates and may not be used in any manner without the prior written consent of Beneton Software or the Beneton Software affiliate that owns any such mark(s).

10. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE AND THE INTERNET GENERALLY. BENETON SOFTWARE ASSUMES NO RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE. IN NO EVENT SHALL BENETON SOFTWARE OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR PERFORMANCE OF THIS WEBSITE, (B) ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE, (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (D) THE INTERNET GENERALLY, OR OTHERWISE RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT; WHETHER BASED ON BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHER FORM OF ACTION OR LEGAL THEORY, REGARDLESS OF WHETHER BENETON SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

11. Any material on this website may include technical or other inaccuracies or typographical errors. THIS WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. BENETON SOFTWARE AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) NEITHER BENETON SOFTWARE NOR ITS AFFILIATES REPRESENTS, WARRANTS OR GUARANTEES THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (B) NEITHER BENETON SOFTWARE NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, (4) THE INTERNET GENERALLY, OR (5) THAT BY USING THE BENETON SOFTWARE SERVICES DATA WILL NOT BE LOST. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.

12. Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Beneton Software Product and service information is the sole responsibility of each individual vendor. Beneton Software makes no representations whatsoever concerning (a) the information or other material appearing on, or accessible through any promotional websites, (b) any products or services advertised or sold through a promotional website (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (c) the sellers of any products or services advertised or sold on or through any promotional website.

13. Beneton Software reserves the right to change any of the terms of this ToU (including, without limitation, any terms, policies or notices incorporated herein by reference) without prior notice. You agree to visit this web page (or such other page accessible by clicking on the ToU link in the footer of this website) periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use this website after changes are posted, you accept the changes and agree to them.

14. After a period of inactivity, Beneton Software reserves the right to disable or terminate a user's account. If an account has been deactivated for inactivity, the email address associated with that account may be given to another user without notice to you or such other party, and any data or information previously maintained in the your account may be lost forever.

15. You and Beneton Software agree

a. the substantive laws of the province of Québec (Canada), without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement;

b. CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN A COURT LOCATED IN QUÉBEC, FOR ANY SUITS OR CAUSES OF ACTION CONNECTED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SUBJECT MATTER OF THIS AGREEMENT OR TO THIS WEBSITE;

c. except as otherwise required by law, any cause of action or claim you may have with respect to this website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred;

d. if any portion of this ToU is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted;

e. no waiver of any breach of any agreement or provision of this ToU, nor any failure to assert any right or privilege contained in this ToU, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision;

f. this ToU (including all policies, notices and other terms incorporated into this ToU by reference) constitutes the entire agreement between you and Beneton Software with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral; and

g. this ToU may be revised only by Beneton Software in its sole discretion, and such amendment or revision shall not require consent by you to become effective.