Terms and Conditions

Your Agreement with On the edge®, LLC.:

Welcome to this On the edge® Media Group, website. Following are the terms and conditions that govern your use of this site.

THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND ON THE EDGE®, LLC., ("OTE" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY IMAGE. BY CHECKING THE BOX THAT INDICATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE SITE.

Ownership of This Website
This website is owned and operated by On the edge®, LLC. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs images, moving images, sound, illustrations and software ("Content"), is owned by On the edge®, LLC., its licensors and its content providers.
All elements of On the edge®, LLC. websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with On the edge®, LLC. or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of On the edge®, LLC. or its licensors unless otherwise expressly agreed. You shall indemnify On the edge®, LLC., its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
As a convenience, our site may link to other sites that may be of interest to you but are not under On the edge®, LLC.'s control. These links do not imply endorsement by On the edge®, LLC. and we are not responsible for the availability of or the content contained in any linked site. The On the edge®, LLC. site may contain or use technology that provides On the edge®, LLC. and its affiliates with information regarding your use of this site, or which permits On the edge®, LLC. to audit your compliance with this Agreement via the use of software designed to track and identify Images. Please consult On the edge®, LLC. Privacy Policy for specific information on On the edge®, LLC. policies for use of your personal information.

On the edge®, LLC. Trademarks
You may not use the trademarks or service marks of On the edge®, LLC. without On the edge®, LLC's prior written consent. On the edge®, LLC and the On the edge®, LLC. logo, as well as On the edge® Images, On the edge® Virtual, On the edge® Designs, On the edge® Marketing, On the edge® Cinema, On the edge® Boards, On the edge® Stock, On the edge® Wear and On the edge® Media Group. are registered trademarks and / or service marks of the On the edge®, LLC.

Indemnification
You agree to indemnify, defend, and hold harmless On the edge®, LLC. against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) the use of this site and the use of any Image either alone or in combination with any other material, (3), your failure to abide by any restriction regarding the use of an Image, or (4) any claim by a third party related to the use of an Image, alone or in combination with any other material.

NOTIFICATION OF COPYRIGHT INFRINGEMENT
On the edge®, LLC. may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on On the edge®, LLC's site, send On the edge®, LLC's copyright agent a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the On the edge®, LLC. site; (iv) information sufficient to permit On the edge®, LLC. to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
On the edge®, LLC's copyright agent for notice of claims of copyright infringement can be reached as follows:
On the edge®, LLC. Copyright Agent
319 West Second Avenue
Spokane, Washington 99201
509.744.0971
509.279.0828 fax

Disclaimers
THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND ON THE EDGE®, LLC. EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ON THE EDGE®, LLC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT ON THE EDGE® MEDIA GROUP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither On the edge®, LLC. nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.
On the edge®, LLC. uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.
There may be links to other websites from the On the edge®, LLC. website; however, these other websites are not controlled by On the edge®, LLC. and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against On the edge®, LLC. regarding the inclusion of links to outside websites or your use of those websites. Additionally, parties other than On the edge®, LLC. provide services from this website. For example, you may obtain information regarding certain artist services through On the edge®, LLC. Professional Directory. On the edge®, LLC. does not evaluate or warrant the offerings or services of these parties, and does not assume any liability for the actions, product, services, or content of these parties.

Children
Children (persons under the age of 18) are not eligible to use this site unsupervised and we ask that children do not register for an account or submit any personal information to us. By using this site unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older.

Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the State of Washington, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of Washington in Spokane County. Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, On the edge®, LLC. shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of On the edge®, LLC., such action is necessary or desirable.

No Waiver, Severability
No action of On the edge®, LLC., other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
We reserve the right to change these Terms and Conditions of Use prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between On the edge®, LLC. and you relating to your use of this website.

Security
On the edge®, LLC. shall use best efforts to ensure that only Customer and its users have access to the Services and the licensing histories contained therein. Such efforts shall include but are not limited to enforcement of a business process that restricts administration of Services membership and privileges to a designated On the edge®, LLC. sales contact, and the issuance and administration of login IDs and passwords for Customer's users, which Customer has an obligation to control. In no event shall On the edge®, LLC. be responsible or liable to Customer or any third party for any unauthorized access to the Licensed Content housed by the Services, except for unauthorized access that results from On the edge®, LLC's gross negligence or willful misconduct.

Taxes
The Fees provided for in this Section 4 do not include any applicable duties, taxes, fees or other amounts assessed or imposed by any governmental authority. Customer will pay or reimburse On the edge®, LLC. for all such amounts, provided On the edge®, LLC. provides Customer with original statements, certificates and/or receipts documenting the assessment, imposition, collection and/or payment of any such duties, taxes, fees or other amounts.

Confidentiality
Each Party shall keep confidential and not disclose to any third party or use for its own benefit, except as expressly permitted herein, or for the benefit of any third party, any Confidential Information of the other Party disclosed to or received by the Party. Each Party agrees to secure and protect the Confidential Information of the other Party in the same manner as it would secure and protect its own Confidential Information and agrees to take appropriate action by instruction or agreement with its employees, representatives or other agents who are permitted access to the other Party's Confidential Information to satisfy its obligations hereunder. Each Party shall cooperate with and assist the other in identifying and preventing the unauthorized use, copying or disclosure of all Confidential Information. Without limiting the foregoing, (a) a Party will disclose the other Party's Confidential Information only to those of its employees, representatives or other agents who have a need to know the same for the purposes expressly permitted herein; (b) a Party will not copy or authorize the copying of any such Confidential Information, except as required for the purposes expressly permitted herein or otherwise authorized by the other Party in writing; and (c) any copy of any such Confidential Information that is made or authorized by a Party will contain all copyright, confidentiality or other proprietary notices contained on or in such Confidential Information as delivered by the other Party.

Choice of Law / Jurisdiction / Attorneys' Fees
Any dispute regarding this Agreement shall be governed by the laws of the State of Washington and applicable U.S. Federal law, including Title 17 of the U.S. Code, as amended. The parties agree to accept the exclusive jurisdiction of the state and federal courts located in Washington, USA. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that this Agreement as well as any other documents relating hereto, including notices, has been and shall be written in the English language (Les parties aux presentes confirment leur volonte que cette le convention de meme que tous les documents y compris y tout avis qui s'y rattache soient rediges en langue anglaise). In any dispute between On the edge®, LLC. and you, On the edge®, LLC. shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from you.

Miscellaneous
You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This document constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of On the edge®, LLC., provided that no purchase order or similar document issued by you shall modify this Agreement even if signed by On the edge®, LLC.. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, except that you may not assign or transfer this Agreement without On the edge®, LLC's prior written consent.
© 2003-06 On the edge®, LLC., Inc. All rights reserved. Terms and Conditions of Use.