Terms of Use
Last Updated: October 24, 2005
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We welcome you to our SublimX.com. You may have arrived at this web site by entering
a different address
in your browser which points to this web site. This web site is owned by Subliminal
Technologies, a division of Virtual Media Technologies,™
Inc. Virtual Media Technologies, Inc. and its suppliers and affiliates provide their
services to you subject to the following terms.
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If you visit or shop at our web sites, you accept these conditions
regardless of how you arrived here. Please read these terms [hereinafter
referred to as Agreement] carefully.
- Copyright. All contents included on this site, such as
software, downloadable files, text, graphics, logos, button icons, images, audio clips,
data compilations, and software are properties of Virtual Media Technologies, Inc. or our
content suppliers. They are protected by United States and international copyright laws.
The compilation of contents and the software used or licensed on this web site are the exclusive
property of Virtual Media Technologies, Inc. and protected by the United States and
international copyright laws.
- Trademarks.
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SublimX, Subliminal Technologies,
Virtual Media Technologies, WillPower Booster, Computer-Assisted Self Improvement,
Computer-Assisted Learning, Effort Free Self Improvement, Effort Free Learning;
Helps you stop smoking while you work at your computer in other programs; Helps you lose
weight while you work at your computer in other programs;
Helps you exercise while you work at your computer in other programs; Helps you reduce
stress while you work at your computer in other programs; Helps you enhance your self
image while you work at your computer in other programs; Helps you manage your money
while you work at your computer in other programs; SublimX works while you are working
at your computer in any program; Helps kids learn as they play or work at the computer
in any program; SublimX works while kids play at the computer in any program;
Your Subconscious Sees Things That Your Eyes Don't; and other marks indicated on our
web site are trademarks of Virtual Media Technologies, Inc.
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Other graphics, logos,
page headers, button icons, scripts, and service names are trademarks or trade dress of
Virtual Media Technologies, Inc. or its divisions. These trademarks and trade
dress may not be used in connection with any product or service that does not belong
to Virtual Media Technologies, Inc., in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Virtual Media
Technologies, Inc. All other trademarks not owned by Virtual Media Technologies, Inc.
or its subsidiaries that appear on this site are the property of their respective owners
who may or may not be affiliated with Virtual Media Technologies, Inc., or its divisions.
- License for Site Access. Virtual Media Technologies,™ Inc.
grants you a limited license to access and make personal use of this site and not to download
(except for page caching) or modify the site contents or any part thereof.
This web site or any portion of it may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose without express
written consent of Virtual Media Technologies, Inc.
- This license does not include any of the following:
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resale or commercial use of this web site or its contents
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collection and use of any product listings,
descriptions, or prices derivative use of this web site or its
contents
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downloading or copying of account information
except your own personal account
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use of data gathering and extraction tools
(including robots or automated programs) to access this web site or to
extract information about its contents or operation
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use of frames or framing techniques to
enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of this web site without
our express written consent. (This provision may not apply to our
eAffiliates, Retailers, and Sales Representative who may do so within
the terms of their respective licenses issued separately).
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use of meta tags or other hidden text utilizing Virtual Media Technologies,
Inc.'s name or trademarks.
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Any unauthorized use terminates the permission
or license granted by Virtual Media Technologies, Inc.
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You are granted a limited, revocable, and nonexclusive right to create a hyperlink
to the home page of this web site so long as the link does not portray Virtual Media
Technologies, Inc. or its products and services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any logo or other proprietary
graphic or trademark of Virtual Media Technologies, Inc. as part of the link
without express written permission.
- Your Account.
If you use this site, you are responsible
for maintaining the confidentiality of your account and password. You hereby to accept all
responsibility for all activities that occur under your account or password. Virtual
Media Technologies, Inc. sells products for children, but it only sells them to adults
who can purchase with a credit card. If you are under 18, you may use
this web site only under the supervision of a parent or guardian. Virtual Media
Technologies, Inc. and its suppliers and affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their
sole discretion.
- Use of Our email and Coupon Facilities.
We allow our visitors to send emails or coupons to their friends regarding our products.
We do not copy or record these emails. You may use such facilities on our web site,
so long as the content of the email or the note you send is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringing of intellectual property rights,
or otherwise injurious or objectionable to third parties. You agree that the messages you email
through our web site shall not contain software viruses, political campaign messages,
commercial solicitation, chain letters, mass mailings, illegal messages, or any form
of spam. You agree that you may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead any person as to your own identity or the origin
of an email or coupon. Virtual Media Technologies, Inc. reserves the right
(but not the obligation) to remove, limit, or edit the content of emails or coupons
sent through our web site.
- Risk of Loss.
All items purchased from Virtual Media Technologies, Inc.
are made pursuant to a shipment contract with the carrier. You agree that the risk
of loss and title for the purchased items pass to you upon our delivery to the carrier.
- Other Business and Their Links.
We provide links to the sites of other entities. We are not responsible for
examining or evaluating these entities and their products or services. WE DO NOT
WARRANT, AND EXPRESSLY DISCLAIM ANY
WARRANTY OF ANY KIND, WITH RESPECT TO THE PRODUCTS, SERVICES, OR OFFERINGS OF ANY
OF THESE ENTITIES. IN ADDITION, WE DO NOT WARRANT, AND EXPRESSLY DISCLAIM ANY
WARRANTY OF ANY KIND, WITH RESPECT TO (1) THE CONTENT OF THE WEB SITES, PRODUCTS, AND
SERVICES OF THESE ENTITIES (2) YOUR EXPERIENCE RESULTING FROM VISITING
THEIR WEB SITES.
- DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THIS SITE IS PROVIDED BY VIRTUAL MEDIA TECHNOLOGIES, INC. ON AN "AS IS" AND
"AS AVAILABLE" BASIS. VIRTUAL MEDIA TECHNOLOGIES, INC. MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR
THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VIRTUAL MEDIA TECHNOLOGIES, INC.
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
VIRTUAL MEDIA TECHNOLOGIES, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM VIRTUAL MEDIA TECHNOLOGIES, INC. ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. VIRTUAL MEDIA TECHNOLOGIES, INC. 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.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
- Applicable Law.
By visiting this web site, you agree that the laws of
the state of Indiana, excluding its principles of conflict of laws,
shall govern these terms of use and any dispute of any sort that might arise between
you and Virtual Media Technologies, Inc., it suppliers, or affiliates.
The United Nations Convention on Contracts for the International Sale of Goods,
the application of which is expressly excluded, shall not govern this License.
- Resolution of Disputes.
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Any claim in connection with, arising under, or
in any way whatsoever relating to (i) this agreement, (ii) the
relationship created by this agreement, (iii) the use or attempted use
of this web site or the products or services available therein, or (iv)
the applicability and scope of this agreement shall be submitted to
confidential arbitration in Indianapolis, Indiana, except that, to the
extent you have in any manner violated or threatened to violate
intellectual property rights of Virtual Media Technologies, Inc.,
Virtual Media Technologies, Inc. may seek damages, injunctive relief, or
other appropriate remedies in any state or federal court in the state of
Indiana, and you consent to the exclusive jurisdiction and venue in such
courts.
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Arbitration under this agreement shall be
conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To
the fullest extent permitted by applicable law, no arbitration under
this agreement shall be joined to an arbitration involving any other
party subject to this agreement, whether through class arbitration
proceedings or otherwise.
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Any action or dispute, which is not addressed by the provisions of this
agreement and is not in violation of the terms of this agreement, shall be
brought in a court sitting in Indianapolis, Indiana.
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The provisions of this section shall not apply to an action brought
by Virtual Media Technologies, Inc., to collect a debt owed by the
customer.
- Miscellaneous Provisions.
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This agreement is the entire agreement between
us regarding the subject matter discussed herein,
superseding any other agreement or discussions, oral or written, and
may not be changed except by a written agreement signed by a duly
authorized officer of Virtual Media Technologies,™ Inc.
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If any provision of this agreement is declared
by a court of competent jurisdiction to be invalid,
illegal, unenforceable, or inapplicable to a particular situation,
such a provision shall be severed from the agreement and the other
provisions shall remain in full force and effect.
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This agreement shall be construed reasonably and not against any particular party.
The titles given to the paragraphs and subparagraphs of this agreement are for the
convenience of the parties. This agreement shall be construed without
regard to such titles.
- Contact Information.
We welcome your comments regarding our web site, our products, and this agreement.
You may contact us electronically
regarding your commennts. In case of a dispute, you may send us a notice electronically,
but you must also send us a notice via postal mail at the address provided below, and we will use
reasonable efforts to promptly determine and remedy the problem.
Virtual Media Technologies, Inc.
445 N. Pennsylvania St., Suite 600
Indianapolis, Indiana 46204
- Legal Notices.
© Copyright, Virtual Media Technologies,™ Inc., 2005. All rights reserved.
SublimX, Subliminal Technologies, Virtual Media Technologies, Computer-Assisted
Self Improvement, Computer-Assisted Learning, Effort Free Self Improvement, Effort
Free Learning, and Your Subconscious Sees Things That Your Eyes Don't are trademarks
of Virtual Media Technologies, Inc. Acrobat® Reader Copyright © 1987-2004
Adobe Systems Incorporated. All rights reserved. Adobe and Acrobat are
trademarks of Adobe Systems Incorporated which may be registered in certain
jurisdictions. Microsoft, Windows, Windows Logo, Windows NT, and DirectX are
either trademarks or registered trademarks of Microsoft Corporation.
© Copyright, Virtual Media Technologies,™ Inc., 2005.
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