Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (the "Site"). This Site at Picturebox HD.com is fully controlled and operated by Picturebox Entertainment, LLC. By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of Picturebox HD.com. If you do not agree with all of the following terms and conditions, please do not use this Site.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

OWNERSHIP OF INTELLECTUAL PROPERTY

All site design, text, images, video clips, audio clips, photographs, illustrations, artwork, graphic material, software, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Picturebox HD.com and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Picturebox HD.com hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any PODCAST material that you may download from this Site, provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Picturebox HD.com. Use of Picturebox HD.com and/or its licensors' Material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

DISCLAIMER AND LIMITATION OF LIABILITY

This site and all materials contained on it are distributed and transmitted on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. Picturebox HD.com is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. To the fullest extent permissible pursuant to applicable law, Picturebox HD.com, affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the site will not be liable for damages of any kind including, without limitation, compensatory, consequential, incidental, indirect, special or similar damages, that may result from the use of, or the inability to use, the materials contained on this site whether the material is provided or otherwise supplied by Picturebox HD.com or any third party. Notwithstanding the foregoing, in no event shall Picturebox HD.com’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or banners generated by third parties does not constitute endorsement by Picturebox HD.com, its parent(s), subsidiaries and/or affiliates, of the opinions or views expressed by these third party websites Picturebox HD.com does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Picturebox HD.com is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither Picturebox HD.com nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Picturebox HD.com will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, Picturebox HD.com, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. Picturebox HD.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Picturebox HD.com in asserting any available defenses.

MISCELLANEOUS

Picturebox HD.com operates and controls this Site from its offices at 3895 N. Schreiber way, Suite 500, Coeur d'Alene, Idaho, 83815 United States of America. This Site is intended for residents of the United States only. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of Idaho applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the County of Kootenai and the State of Idaho.

This page was last updated on January 12, 2009.