POTENTIA MEDIA

Terms of Use

1. Acceptance of Terms of Use – Potentia Media, LLC. ("Potentia Media") provides this website to you (the "Website"), your employees, agents, contractors and any other entity on whose behalf you accept these terms (collectively "You"), subject to these Terms. These Terms are entered into by and between Potentia Media and You, and You accept them by using this Website in any manner. Potentia's Privacy Policy, located at http……, as it may change from time to time, is a part of these Terms and You must review and accept the Privacy Policy as a party of your acceptance of these Terms and your use of this Website.

2. Non-commercial Use Only – This Potentia Media Website, or any other publicly accessed site maintained by Potentia Media's Web server linked to these Terms ("Sites") includes without limitation all information, documents, communications, files, text, white papers, methodologies, studies, video files, audio files, software code, photographs, graphics, processes, technologies or other materials available through the Website (collectively, "Materials"). Potentia Media hereby authorizes You to view, print, copy and distribute information published by Potentia Media on the Sites, provided that provided that: (i) the information may be used internally (by You or any third party to whom You distribute it) only for informational purposes; (ii) no fee may be charged for distribution of any information to any third party; and (iii) any and all copyright or other proprietary notices that appear on the Sites or any Potentia Media Web page, together with these Terms, must appear on all copies that You make or distribute.

3. Intellectual Property Rights – The Materials published on the Sites, as well as their selection and arrangements are protected by copyrights, trademark and/or other intellectual property laws, and any unauthorized use of the Materials at the Sites may violate such laws and the Terms. Except as expressly provided herein Potentia Media does not grant any express or implied rights to use the Materials. You agree not to copy, republish, frame, transit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Sites, Materials or their selection and arrangement except as expressly authorized by Potentia Media.

4. Trademark Notices – Potentia Media and Potentia Media logo are trade names, trademarks, and service marks of Potentia Media. All other trade names, trademarks, logos or service marks mentioned herein are property of to their respective owners.

5. Warranties and Disclaimers – All Materials provided via the Sites are intended for informational purposes only and are subject to change or withdrawal by Potentia Media at any time without notice. Potentia Media assumes no responsibility for the accuracy or completeness of the Materials. THE MATERIALS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to You. IN NO EVENT WILL POTENTIA MEDIA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITES, THE MATERIALS OR ON ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF POTENTIA MEDIA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Feedback [and Use of Information] We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in a manner consistent with our Privacy Policy. Unless expressly provided otherwise by Potentia Media, all comments, feedback, information or materials (collectively "Feedback") submitted to Potentia Media through or in association with the Sites shall be considered non-confidential and Potentia Media property. By submitting Feedback to Potentia Media, You agree that, without limitation, Potentia Media has exclusive ownership of all present and future existing rights to any and all Feedback, and is free to use, reproduce, license or otherwise distribute and exploit such Feedback as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise and without compensation to You or any other person. You acknowledge that You are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.

7. Third Party Websites – The Sites may contain hyperlinks to other websites controlled by parties other than Potentia Media. Potentia Media is not responsible for and does not make any representations whatsoever about any of these websites.

[Indemnification. You agree to indemnify, defend and hold us, our partners, agents, officers, directors, employees, subcontractors, successors, assigns , third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Sites.]

[Advertisers. The Sites may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Sites is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's materials.]

Copyrights and Copyright Agents.

Potentia Media respects the intellectual property of others, and expects You to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide to the Potentia Media Copyright Agent the following information:

a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that You claim has been infringed; d. Your address, telephone number, and email address;
e. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by You, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at info@potentiamedia.com.

8. General – Potentia Media controls the Sites from its offices in San Diego, California, United States of America. You agree that any legal action, proceeding or other matters relating to Your access to or use of the Materials or the Sites shall be governed by U.S. federal law or the laws of the State of California. In the event of any legal action arising hereunder, You also agree to submit the jurisdiction and venue of any federal or state courts in the Northern California area.

You may not access, download, use or export the Materials in violation of U.S. export laws or regulations or in violation of any applicable local laws or regulations. If You have any questions concerning legal or other matters described above, contact Potentia Media at info@potentiamedia.com for legal matters or call 650-367-8556.