User Agreement

1. USE OF CONTENT
   All information, materials, functions, and other content contained on the 3ality Digital LLC (“3ality Digital”) site is our copyrighted property or the copyrighted property of our content/production partners, licensors, or licensees. All trademarks, service marks, and trade names are proprietary to us and/or our content/production partners, licensors, or licensees. We may change the 3ality Digital site or delete content at any time, at our sole discretion. Except as we specifically agree in writing, no content from 3ality Digital’s site may be used, reproduced, transmitted, distributed, or otherwise exploited in any way except where 3ality Digital’s site is configured to enable the download of particular content. You (“User”) may download one copy of such content to a single computer for their personal, noncommercial home use only, provided that they (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the content, and (c) do not use the content in a manner that suggests an association with any of 3ality Digital’s content/production partners, products, services, brands, or franchises. Any commercial or business use of 3ality Digital’s site is strictly prohibited without prior written authorization.


2. CONTENT ACCESSIBLE THROUGH LINKS FROM 3ALITY DIGITAL’S SITE AND SEARCH RESULTS
   User acknowledges they are aware that when on 3ality Digital’s site, there are links to other sites that may take user to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors, and content/production partners, that may use our logo as part of a co-branding relationship. User acknowledges that when they click on any of the aforementioned links, the sites they are taken to may have different terms of use and may have differing privacy policies, and 3ality Digital is not responsible for such sites. We do not endorse and cannot ensure that user will be satisfied with any products or services that are purchased from a third-party site that links to, or from, the 3ality Digital site or for any third-party content contained on our site. We are not responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.


3. DISCLAIMERS
   The content on or otherwise related in any way to 3ality Digital’s site, or any third party sites or services, linked to, or from, 3ality Digital’s site is provided “as is” and without warranties of any kind to the fullest extent permissible pursuant to applicable law. We disclaim all warranties, explicit or implied, and user hereby irrevocably waives any claim against 3ality Digital with respect to any content and any information user provides to third party sites including credit card and other personal information.


4. INDEMNIFICATION
   User is responsible for maintaining the confidentiality of their username(s), password(s), and their account(s), as well as all activities that occur under their account(s). User hereby agrees to indemnify, defend, and hold 3ality Digital, our licensors, licensees, distributors, agents, representatives, content/production partners, and other authorized users, and each of the foregoing entities' respective distributors, service providers, and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by user of these terms of use or claims arising from user’s use of the 3ality Digital site and/or their account(s). User shall use their best efforts to cooperate with 3ality Digital in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by user.


5. LIMITATION OF LIABILITY
   Under no circumstances, including negligence, shall 3ality Digital, our licensors, licensees, or content/production partners, or any of the foregoing entities’ respective resellers, distributors, service providers, or suppliers, be liable to user or any other person or entity for any direct, indirect, incidental, special, or consequential damages including lost profits, personal injury (including death), and property damage of any nature whatsoever that may result from a) the use of, or the inability to use, 3ality Digital’s site or content, or b) the conduct or actions, whether online or offline, of any user of the 3ality Digital site or any other person or entity even if we have been advised of the possibility of such damages. In no event shall our total liability to user for all damages, losses, and causes of action, whether in contract, Tort (including negligence), or otherwise, exceed the amount paid by user, if any, or $100 USD (whichever is less) for accessing or participating in any activity related to the 3ality Digital site. Under no circumstances, shall we, our content/production partners, licensors, or licensees be held liable for any delay or failure to perform resulting directly or indirectly from an act of Force Majeure or causes beyond our or their reasonable control. 3ality Digital LLC, or our assigned representative, may terminate a users further access to 3ality Digital’s site, change the site, or delete content or features in any way, at any time, and for any reason. The limitations, exclusions, and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable laws.