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Terms &
Conditions Of Use

Please read the following Terms of Use carefully before using any of the websites (each website a
“In-Motion Media Site” and collectively, the “In-Motion Media Sites”) operated by In-Motion Media
entities (“In-Motion Media”).

By visiting any In-Motion Media Sites or by participating in any of the interactive activities offered on
any In-Motion Media Site, you agree to be bound by these Terms of Use.

Please note that we may, in our sole discretion, modify these Terms of Use without notice to you.
Therefore, please continue to review these Terms of Use when using any of the In-Motion Media
Sites. By continuing to access and use any In-Motion Media Site after the Terms of Use have been
modified, you will be deemed to have agreed to such modifications.

1. Registration and Passwords.

Registration is not required to browse the In-Motion Media Sites. However, certain features
offered on the In-Motion Media Sites may require you to submit certain personal information,
such as your name, your postal address, your e-mail address, and billing information.

When you submit such information on an In-Motion Media Site you represent that you are at
least 18 years of age and that you have the authority to register with such site.
When you register we may assign you a login ID and request that you choose a password.
You are responsible for maintaining the confidentiality of your login ID and password. You shall
be responsible for any use of your login ID and password. In addition, you agree to pay all
charges, including taxes, duties or other fees, incurred by you or anyone using your login
and/or password.

2. Your Submissions and User Conduct.

The In-Motion Media Sites may invite users to communicate with one another via chat areas
and bulletin boards. Some In-Motion Media Sites may also enable users to submit materials to
be viewed by or shared with other users. Any communication and/or submission(s)
(collectively, “Submissions”) made on any In-Motion Media Site, including, but not limited to,
any notes, reviews, bulletin board postings, ideas, suggestions, concepts, artwork,
photographs and sound and video files will become the property of In-Motion Media and can
be used in any manner or form throughout the world without any time or other restrictions. In-
Motion Media shall be entitled to edit such Submissions as it sees fit, and it shall have no
obligation to use material submitted. You are solely and fully responsible for the content of any
of your Submissions to any In-Motion Media Site. Your Submissions must strictly conform to
the following guidelines:

  • Your Submissions to the In-Motion Media Sites must originate with you and be accurate
    and current.
  • Your Submissions must not infringe any third-party rights, including, but not limited to,
    copyright, trademark, publicity, or privacy rights.
  • Your Submissions must not be fraudulent, libellous, defamatory, obscene, pornographic,
    harassing, abusive, threatening, racially offensive, offensively directed towards people
    based on their gender or sexual orientation or be otherwise objectionable. If there is any
    question as to what constitutes objectionable material under these Terms of Use, In-
    Motion Media is the final arbiter of what does or does not constitute objectionable
    material.
  • Your Submissions must not be harmful to minors in any way.
  • Your Submissions must not advertise or solicit funds.
  • Your Submissions must not use the In-Motion Media Sites to advocate or offer
    instructions as to illegal activities or to violate any applicable laws.
  • You may not make Submissions if you are under the age of 18.

Your Submissions must not be in violation of the guidelines set forth in these Terms of Use.
Any such violation shall be a material breach of these Terms of Use. In-Motion Media will
remove from any In-Motion Media Site without prior notice any Submissions that violate any
provision of these Terms of Use and will cooperate fully with any law enforcement officials
and/or agencies in the investigation of any violations. In addition, In-Motion Media may
immediately and without prior notice terminate the right to access the In-Motion Media Sites of
any user who violates these Terms of Use.

You further agree that you will not circumvent our security features, corrupt any content or files
on or obtained from any In-Motion Media Site, interfere with or in any way disrupt our service
or servers, or networks connected to our service or servers, or otherwise violate any applicable
law or regulation or these Terms of Use.

3. Downloading Material from the In-Motion Media Sites

You are permitted to download only those materials specifically available to download from any
In-Motion Media Site for your personal use. Any material available for downloading from a In-
Motion Site may not be used for any other purpose other than your personal non-commercial
home use. You must not remove any notices or credits on the downloaded materials or delete,
add, or otherwise modify the content of any such downloaded materials, unless you have prior
written permission from In-Motion Media to do so.

4. Ownership of Materials on the In-Motion Media Sites

The In-Motion Media Sites and all the materials published or otherwise incorporated on the
sites (“Content”), such as text, button icons, interfaces, images, software, illustrations, video
clips, audio clips, and other video and audio files are owned exclusively by In-Motion Media or
by others that have licensed their materials to In-Motion Media. The Content is therefore
protected by copyright, trade secrets, or by other proprietary rights. You may not copy,

download, upload, modify, reproduce, transmit, delete, add to, distribute in any way, or
otherwise use for any purpose any of the Content except as stated in these Terms of Use, on
any In-Motion Media Site, or with the prior written consent of the owners of the Content.

In addition, any of the tradenames, trademarks, service marks and logos (collectively referred
to as “Trademarks”) that appear on the In-Motion Media Sites are owned by In-Motion Media
or others that have licensed their use to us. Other Trademarks will occasionally be added to
the In-Motion Media Sites. These Trademarks may not be used in any manner without the prior
written consent of their respective owners.

5. Partner Sites/Linked Sites

The In-Motion Media Sites may provide links to other websites for your convenience and
enjoyment. Please note that if you access other websites through such links you do so at your
sole risk. In-Motion Media does not review, endorse, or control any content, advertising,
products, services, or other materials on or available through those sites, nor is it responsible
for any viruses, Trojan horses, or other items of a potentially destructive nature that they may
contain. Your correspondence or business dealings with advertisers, partners, or other third
parties through any In-Motion Media Site, including payment for and delivery of goods or
services, and any other terms, conditions, warranties, or representations associated with such
dealings, are solely between you and such third parties. You agree that In-Motion Media and
the In-Motion Media Sites will not be responsible or liable for any loss or damage of any sort
arising out of any such dealings or as a result of the link to their sites on any In-Motion Media
Site.

6. Disclaimer

IN-MOTION MEDIA IS NOT RESPONSIBLE FOR YOUR USE OF ANY CONTENT FOUND
ON OR THROUGH ANY IN-MOTION MEDIA SITE, INCLUDING, WITHOUT LIMITATION,
ADVERTISING AND LINKS. BY USING ANY IN-MOTION MEDIA SITE YOU EXPRESSLY
AGREE THAT SUCH USE IS AT YOUR SOLE RISK. YOU AGREE THAT THE CONTENT IS

OFFERED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES,
SO THIS EXCLUSION MAY NOT APPLY TO YOU IN FULL.

The In-Motion Media Sites and each of their publishers’ respective vendors, agents, licensees,
officers, directors, shareholders and employees, shall not be liable for any and all injuries,
actions, claims, liabilities, damages, losses, costs or expenses, including reasonable outside
attorneys’ fees, arising as a result of your or your child’s use of the In-Motion Media Sites. In-
Motion Media makes no guarantee of availability of service and it reserves the right to
suspend, withdraw, change or discontinue any functionality or feature of the In-Motion Media
Sites.

IN-MOTION MEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (EVEN IF SUCH DAMAGES
ARE FORESEEABLE OR IF WE HAVE BEEN ADVISED OR HAVE CONSTRUCTIVE
KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES).

In-Motion Media reserves the right to monitor Submissions by those who use the In-Motion
Media Sites, but it is not obliged to do so. In-Motion Media disclaims any responsibility for the
Content submitted by users on or through any area of the In-Motion Media Sites including,
without limitation, chat areas, bulletin boards, and e-mail. In-Motion Media cannot and does
not seek to limit the opinions and views of our users and such opinions and views, therefore,
should not be taken to represent those of In-Motion Media. In-Motion Media does not
represent that the Content and features on or offered through the In-Motion Media Sites are
appropriate or available for use in all countries.

In-Motion Media reserves the right to terminate this agreement and/or refuse service to you at
any time without notice for any reason.

7. Infringement and Regulatory Complaints

In-Motion Media is committed to respecting the intellectual property rights of others. It will
cooperate with any law enforcement authorities and comply with any judicial order requesting
or directing it to disclose the identity of anyone downloading or posting materials, or otherwise
using this Web Site in violation of applicable laws. If you believe that your proprietary rights,
including copyright, have been infringed by any Content posted by users of any In-Motion
Media Site, please notify In-Motion Media. If In-Motion Media receives such notice it will
promptly respond to, remove, or disable access to, the material that is claimed to be infringing
or to be the subject of any infringing activity.

When notifying In-Motion Media of any claimed infringement, you must provide the
following information:

  • a physical or electronic signature of a person authorized to act on behalf of the copyright
    owner whose work you claim has been infringed;
  • a description of the work you claim has been infringed;
  • a description of the work you claim to be infringing as well as information reasonably
    sufficient to permit us to locate the material;
  • your address, telephone number, and, if available, your e-mail address;
  • a statement of your good faith belief that use of the material in the manner complained of
    is not authorised by the copyright owner, its agent, or the law; and
  • a statement that the information in the notice 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.

8. Privacy

Any personal or other information submitted by you and all other Submissions to any of the In-
Motion Media Sites are subject to our Privacy Policy.

9. Miscellaneous

You are solely responsible for compliance with all applicable laws of the jurisdiction from which
you are accessing the In-Motion Media Sites. If any part or portions of these Terms of Use
shall be declared invalid, void or unenforceable, the remaining Terms of Use shall remain in
full force and effect and shall be interpreted as closely as possible to the manner in which they
were written. If any dispute arises between you and us regarding these Terms of Use, the
dispute will be governed by the laws of Queensland, Australia and subject to the non-exclusive
jurisdiction of the courts of Queensland, Australia. These Terms of Use set forth the entire
agreement regarding all of the matters contained herein and should supersede all prior
agreements or negotiations concerning the subject matter of these Terms of Use.