Sifaka™

Sifaka World :: Terms & Conditions

Sifaka World is owned and operated by Sifaka Productions, LLC.

This Website is provided by Sifaka Productions, LLC, and its affiliates and subsidiaries (collectively referred to herein as "Sifaka Productions" or "we", "us", "our" or other similar pronouns). Your use of this Website is subject to these Terms and Conditions for Use of Sifaka World (the "User Agreement"). Please read this User Agreement and the other information referred to or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. If you are a parent or legal guardian, the terms "you" and "your" as used herein refer to you and your child. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.

YOUR USE OF THE SIFAKA WORLD WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.

1. Right to Use the Sifaka World Website

Sifaka Productions grants you a limited, non-exclusive, revocable license to use the Sifaka World Website as specified in this User Agreement. This Website contains materials provided by Sifaka Productions, our business partners, licensors, licensees and other third parties, including, without limitation, materials relating to products or services of Sifaka Productions or such third parties ("Content"). In using this Website, you must respect the intellectual property rights of Sifaka Productions and others, all as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

2. Use of Sifaka World Website Content - Copyrights, Trademarks

All content in the Sifaka World Website, regardless of content form, is copyrighted by either Sifaka Productions or Sifaka Productions' affiliated licensors or third party partners.

Content forms include but are not limited to software, videos, animations, pictures, movies, photos, music/audio clips/sounds, illustrations, text, buttons, icons, graphics, and data in any format. We may change or delete Content or features at any time, in any way, for any or no reason.

All trademarks, service marks, trade names and trade dress are proprietary to Sifaka Productions and/or our affiliated licensors, licensees and third party partners. Nothing on the Sifaka World site may be construed as granting any right or license to use any Trademark without express written permission from Sifaka Productions or the third party rights holder.

Sifaka disclaims any representation or warranty that your unauthorized use of Content will not infringe upon the rights of Sifaka Productions, Sifaka Productions' affiliated licensors, or third parties not owned by or affiliated with Sifaka Productions.

Except as set forth in this User agreement or as explicitly stated elsewhere in the Sifaka World website, you may not use the Content of Sifaka World for any purpose, including but not limited to the distribution, transmission or any fashion of reproduction of the Sifaka World website Content.

In cases where the Sifaka World website is specifically configured for you, the site User, to download a particular Content, you are authorized to download ONE copy of said Content to one computer for your personal, non, non-networked use provided that you do not change any copyright, trademark or other proprietary notices. Any such use of downloads specifically configured for you, the Sifaka World Site User, does not give you any ownership of any Content.

In cases where the Sifaka World website offers downloads of "Software" where Software includes all downloaded materials including any and all files and images incorporated in or generated by the software and data accompanying the software, you understand that your use of the software download in no way transfers title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human readable form.

3. Use Restrictions

You agree that, while accessing or using this Website, you will not:

use this Website for any commercial, promotional or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products or services);
monitor, gather, obtain, use, access or copy Content or information on this Website by using any robot, "bot", spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind, or any other automatic means of accessing, logging-in to or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any of the Website's services;
frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout);
use any meta tags or any other "hidden text" utilizing any Trademarks;
use the Website or the services or features made available on the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests;
attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or its services, or any Content thereof, or make unauthorized use thereof; or
engage in any activity that interferes with another user's access to, or use or enjoyment of this Website.

4. Special Terms of Use

Any special terms that apply to a specific service are posted on the Sifaka World website in conjunction with the applicable service. An example of this are terms that apply specifically to the purchase of a Sifaka World membership. Any such specific terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use.

5. User Accounts

In order to use the Sifaka Virtual World, you are required to create your own User Account. You acknowledge and agree that you are solely responsible for the accuracy and content of any and all personal information that you provide, and you agree to keep that information up to date.

PLEASE REMEMBER TO MAKE UP A USERNAME THAT DOES NOT DISCLOSE YOUR PERSONAL IDENTITY.

You are responsible for maintaining the strict confidentiality of your account password, and you shall not share your password with anyone else, nor allow others to use your username, password or other account information, except for a parent or guardian.

You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us via the Sifaka World Website tab, "Help/Contact Us" of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Sifaka World website. In addition, you agree to exit from your account at the end of each session.

We may suspend or terminate your account for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

6. Protection of User Information - Privacy Policy

The Sifaka World home page contains a link to our corporate document entitled, "Privacy Policy". This document stipulates our information collection and use policies that protect any and all personal information that you provide to us. The Privacy Policy is hereby incorporated into this Terms and Conditions User Agreement.

7. User Communication Submissions, Licenses and Representations

Although Sifaka Productions loves to hear from its fans, it is extremely important that you do not share any confidential or proprietary information with us either via email or any other form of communication. This protects both you and Sifaka World from any misunderstandings that might arise from Sifaka Productions producing Content that you perceive to be similar to your own ideas and/or designs. Therefore please do not send Sifaka Productions any "Submissions" that might be construed as suggestions for future Sifaka Productions product development work. The word "Submissions" is defined for this terms of use agreement to mean text, messages, ideas, concepts, suggestions, stories, screenplays, artwork, photographs, drawings, treatments, formats, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively, "Distribute") on or through the Sifaka World Website.

There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. "Solicited Submissions" means those Submissions (a) that we request or enable you to provide to us via any feature or activity in Sifaka World for our review or display and possible specifically-defined consideration or compensation (collectively, "Consideration"); and (b) that you Distribute on or through the Sifaka World website for which you do not seek Consideration (such as in our Guest Services and in Public Forums (as defined below in Section 8, entitled "Public Forum Areas; Code of Conduct")). "Unsolicited Submissions" are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.

Any Submissions made by you to Sifaka World, via this Website or by fax, mail, e-mail or otherwise, or transmitted, posted, or uploaded by you to this Website will be treated as non-confidential and nonproprietary, and Sifaka Productions will not assume any responsibility, obligation, or liability for them or for Sifaka Productions' receipt or non-receipt of them. Sifaka Productions may delete or destroy Your Submissions at any time. Sifaka Production's receipt of Your Submissions is not an admission by Sifaka Productions of their novelty, priority, or originality, and it does not impair Sifaka Production's right to contest existing or future intellectual property rights relating to Your Submissions. By submitting or sending your Submissions to Sifaka Productions, you grant Sifaka Productions a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully transferable, assignable and sublicensable right and license to copy, reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, and otherwise use or exploit Your Submissions throughout the world in any and all media. You represent and warrant that: (a) you have the right and authorization to make the foregoing grant without the consent of any third party, and (b) Your Submissions are accurate and, as permitted to be used by Sifaka Productions in this User Agreement, do not and will not infringe any right of any third party.

When you send e-mail to us, you are communicating with us electronically and you consent to receive communications from us electronically. Furthermore, you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via the Website or otherwise, satisfy any legal requirement that such communications be in writing.

8. Online Purchases

In the event that Sifaka World offers merchandise for sale such as Sifaka T-shirts, hats or plush toys, the following terms of use shall apply.

A. Merchandise Representation

The Sifaka World Website will we make every effort to display as accurately as possible such products and services. However, the colors, dimensions, and details that you see on your computer monitor may vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products and services. Certain products or services that may, from time to time, be featured on or through this Website may be subject to additional terms and conditions, which may be specified in a separate agreement that will be provided to you in connection with the service purchased and will be supplemented by this User Agreement.

B. No Purchases by Minors

By ordering a product or service online from Sifaka Productions, you represent that you are 18 years of age or older. If a child under the age of 18 orders a product or service from Sifaka Productions without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.

C. Taxes

By ordering a product or service online from Sifaka Productions, you agree that you are responsible for paying all applicable sales, use, and other similar taxes.

D. Postage and Handling; Insurance

You are also responsible for paying all postage and handling charges relating to your online purchases (including any product offered with a service), and for insuring your purchases.

E. Returns and Warranties

As part of the process of purchasing an item, the returns and warranties specific to that item shall be clearly stated.

9. Public Forum Areas; Code of Conduct

"Public Forum" means a feature of the Sifaka World website that enables Sifaka World users to distribute Submissions for viewing by one or more other Sifaka World users. Examples of public forum areas are chat areas and newsletter message boards.

You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a public Forum. Sifaka Productions cannot guarantee the security of any information you disclose through any public forum media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Submissions you Distribute on or through the Sifaka World website under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. Sifaka Productions has no duty to monitor any Public Forum. Sifaka Productions reserves the right to do so in its sole discretion in connection with any service or feature. In particular, Sifaka Productions may, in its sole discretion, record or store communications submitted by you through messages or bulletin boards, forums and chat rooms, and may monitor, filter and review such communications for the purpose of monitoring content and enforcing Website rules and to investigate and detect unauthorized use of the Website.

Because of the anonymity provided by usernames, you may not know at all times who you are interacting within certain chat services. It is therefore important that you are careful and selective about the information that you disclose about yourself and others, and in particular, you should not disclose any sensitive, personal, proprietary or confidential information in your messages, comments or posts to our public forums and community features.

WHEN USING PUBLIC FORUMS, DO NOT DISCLOSE YOUR PERSONAL INFORMATION (SUCH AS YOUR REAL NAME, PHONE NUMBER, ADDRESS OR OTHER INFORMATION THAT WOULD ENABLE OTHERS TO IDENTIFY OR LOCATE YOU, EITHER ONLINE OR OFFLINE.

While using the chat services or other community features, you may be exposed to content of other users with which you may disagree or that you may find offensive, indecent, or objectionable, or that is inaccurate, misleading, or illegal. You expressly assume and agree to bear any and all risks associated with the use of any such content and your exposure to any such content, including any reliance by you on the accuracy, integrity, usefulness, or completeness of such content. To the full extent permitted by law, Sifaka Productions will not be liable, and we disclaim all liability, in connection with any harm, loss, or damages of any amount or type arising from your access to, or use of, the services or any content posted to, downloaded from, or otherwise made available through the Sifaka World Website, whether that content is posted to, downloaded from, or otherwise made available through the Website by Sifaka Productions, you, another user, or any other third party.

We encourage you to report to us, at privacy@sifakaproductions.com, any suspected violations of this User Agreement or any other additional rules posted in connection with such activity or service, in particular as they relate to inappropriate behavior or activity in our chat services and other community features.

The community of users of some features of the Website may include moderators, many of whom may not be affiliated in any way with Sifaka Productions and may be users of the Website just like you. Without limiting the generality of the foregoing paragraphs, (a) if you view or participate in moderated message board(s), then you may receive content from the message board moderators, (b) Sifaka Productions does not assume any obligation to review or control any content posted on the message board(s) or in chat room(s) or content from message board or chat room moderators, nor does Sifaka Productions, either expressly or implicitly, warrant or make any assurance about the accuracy, source, quality, or integrity of such content, and (c) to the full extent permitted by law, Sifaka Productions will not be liable, and disclaims all liability, in connection with any harm, losses, and damages of any amount or type arising from your access to, or use of, such content.

We strongly advise that you be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. Sifaka Productions does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.

As to any information or content that you submit or post to this Website, you represent and warrant to Sifaka Productions that you have the right and authorization to do so without the need for additional permissions or consent of any third party. We owe you no obligation, and therefore may refuse, to post, deliver, remove, modify or otherwise use or take any action with respect to Submissions you Distribute.

In addition to any other rules, guidelines or regulations that we may post in connection with a particular service or feature you agree that you shall not:

Distribute any submission that is fraudulent, unlawful, defamatory, obscene, pornographic, vulgar, offensive, profane, sexually explicit, indecent, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper, or that violates any applicable domestic or international law, or government regulation (including, without limitation, those of any state, foreign country, securities exchange, the S.E.C., and the F.C.C.); contains software viruses, worms, or any other computer code or portions of code, programs, or files designed to interfere with, interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications or other equipment;
upload, post, transmit (via e-mail, e-card, chat or otherwise), or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, junk;
provide or solicit personally identifiable information, except in those areas of the Website that we may expressly designate for such purposes;
mail, chain letters, pyramid schemes, or any other form of commercial or political solicitation, provide or solicit personally identifiable information, except in those areas of the Website that we may expressly designate for such purposes;
engage in or run raffles, lotteries, contests, sweepstakes, or chain letters or other pyramid schemes; disguise the origin of any content uploaded to, posted on, transmitted, or otherwise made available on or through the Website, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers;
disguise the origin of any content uploaded to, posted on, transmitted, or otherwise made available on or through the Website, including, without limitation, by forging headers, providing inaccurate intellectual property notices, or otherwise manipulating identifiers;
impersonates any person or entity, whether actual or fictitious, including, without limitation, a Sifaka Productions official, employee or representative;
misrepresents your affiliation or association with, sponsorship by, or connection to, any person or entity, including, without limitation, by using logos, names, trademarks, service marks, meta tags, addresses, symbols, or other identifiers that you do not have the legal right to use;
attempts to harm minors in any way;
promotes, encourage or provide instructions or information about how to engage in illegal conduct or commit illegal activities, promote physical harm or bodily injury;
promote any illegal act of cruelty to animals. This includes, but is not limited to, providing instructions on how to assemble bombs and any other weapons, and creating Crush websites;
collect or harvest screen names, collect or store personal data about other users, or solicit or attempt to discover a user's password, screen name, or other registration information without the user's express knowledge and consent;
interfere with the normal operation of the site, cause the screen to flood with excessive messages or activity, or otherwise operate in a manner designed to adversely affect the ability of others to communicate or move around the site;
provides links to websites, networks, content, or resources that themselves violate the letter or spirit of this User Agreement, or promote the violation of this User Agreement or make available tools or information whose primary use constitutes a violation of the letter or spirit of this User Agreement;

Sifaka Productions reserves the right, in its sole discretion, to adopt and post additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Sifaka Productions also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings, messages or other content on this Website that violate this User Agreement and to deny access by any user to this Website.

10. Investigations; Cooperation with Law Enforcement; Termination; Premium Services

Sifaka Productions reserves the right, without any limitation whatsoever, to:

investigate any suspected breaches of its Website security or its information technology or other systems or networks,
investigate any suspected breaches of this User Agreement or violations of any additional terms, conditions and rules posted in connection with a particular service or feature on this Website,
involve and cooperate with law enforcement authorities in investigating any such matters,
prosecute violators of this User Agreement to the full extent of the law,
delete or modify any content on the site, including any materials or items you may have acquired through your use of this Website, and
discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.

If you have purchased a subscription to any additional services, or a product that entitles you to a subscription, you will not be able to access them once your subscription expires.

11. Use of Sifaka World Outside The United States of America

This Website and the servers that make this Website available are located in the United States and personal data you submit to us may be further transferred by us outside the U.S. or your country of residence. Most countries, including the United States, have not formally been determined to operate under specific laws deemed "adequate" by the European Union (EU) for the transfer of personal data. Sifaka Productions, however, respects your privacy, and will handle your personal data in accordance with our Privacy Policy. By accepting this User Agreement, you specifically acknowledge and consent to the collection, processing, transfer and use of your personal data as indicated in this User Agreement and our Privacy Policy. To update your contact information and preferences on how we contact you, or access the personal information we may hold about you, please see our Privacy Policy.

Sifaka Productions controls and operates this Website from within in the United States of America, and Sifaka Productions makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws.

12. Disclaimer of Warranties

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES THEREON ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THIS WEBSITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE WEBSITE OR ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) YOUR USE OF THE WEBSITE AND SERVICES WILL ACHIEVE ANY PARTICULAR RESULT, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) WILL COMPLY WITH ANY LAW OR MEET YOUR REQUIREMENTS. ANY MATERIAL DOWNLOADED AND ANY MATERIAL, PRODUCT, OR SERVICE OBTAINED THROUGH THE USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY RESOURCES AND THIRD PARTY MATERIALS) IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA AND DAMAGE TO YOUR COMPUTER SYSTEM AND ANY OTHER ITEM THAT RESULTS FROM ANY SUCH ACTIVITY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY. THE DISCLAIMERS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE WEBSITE TO YOU. Some jurisdictions may not permit the disclaimers contained in this paragraph, so some of the disclaimers in this paragraph may not apply to you.

13. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES- RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY PORTION OR FEATURE THEREOF OR CONTENT THEREON, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE 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 YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEBSITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES- RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO THE WEBSITE OR CHANGE THE WEBSITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THIS USER AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS OF LIABILITY CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THE WEBSITE TO YOU. Some jurisdictions may not permit the limitations of liability contained in this paragraph, so some of the limitations in this paragraph may not apply to you.

14. Indemnification

You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities- respective resellers, 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 you of these terms of use or claims arising from your use of the Website and/or your account(s). You shall use your best efforts to cooperate with us 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 you.

15. Links to Sifaka World Website

You are granted a limited, non-exclusive, revocable right to create hyperlinks to this Website, so long as: (a) the links are only to the home page of this Website, (b) the links only incorporate text, and do not use any Trademark graphics, (c) the links and related content on your site do not suggest any affiliation with Sifaka Productions or cause confusion among consumers, (d) the links and related content on your site do not portray Sifaka Productions or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and (e) the links and related content on your site are not operated for any commercial purposes.

16. Links on this Website to and from Other Sites

This Website may contain links to or from third-party sites ("Linked Sites"), including, without limitation, sites operated by advertisers, licensors, licensees, and promotional and business partners of Sifaka Productions. Sifaka Productions has no control over the content of Linked Sites, and Sifaka Productions does not assume any obligation to review any Linked Sites. Sifaka Productions does not endorse, approve, or sponsor any Linked Sites, or any content, advertising, information, materials, products, services, or other items on or available on or from them, and Sifaka Productions disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use, and other terms imposed by the operator of the Linked Site and Sifaka Productions disclaims all liability in connection therewith.

17. Amendments to User Agreement

At any time, Sifaka Productions may amend this User Agreement (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the Web sites covered by these terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the Web Sites. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

18. Procedure for Alleging Copyright Infringement

Sifaka Productions will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA"), as set forth below, or other applicable laws. If you own copyrights in a work and believe that your intellectual property rights in that work have been infringed by an improper posting or distribution of it via this Website, then send us a written notice that includes all of the following:

a legend or subject line that says: "DMCA Copyright Infringement Notice";
a description of the copyrighted work that you claim has been infringed;
the URL of the site and a description of where the material that you claim is infringing is located on that site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,
your electronic or physical signature.

Sifaka Productions will only receive DMCA notices by certified mail at the address below.
By Mail: Nutter, McClennen & Fish, Att: Stephen Andress, World Trade Center West, 155 Seaport Boulevard, Boston, MA 02210-2604

Sifaka Productions may elect to not respond to DMCA notices that do not comply with all of the foregoing requirements, and Sifaka Productions may elect to remove allegedly infringing material that comes to its attention via notices that do not comply with the DMCA. If you have additional questions you may telephone Stephen Andress of Nutter, McClennen & Fish at 617-439-2293.

19. Jurisdiction, Venue, and Alternative Dispute Resolution

Any controversy or claim relating to this Website, the Content, or this User Agreement not otherwise resolved between you and Sifaka Productions will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Boston, Massachusetts and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or this User Agreement must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Sifaka Productions relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in state or federal court in Boston, Massachusetts. Accordingly, you consent to the personal jurisdiction of the courts in Boston, Massachusetts with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Sifaka Productions to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, Sifaka Productions's operations, and/or Sifaka Productions's products or services caused by your act or failure to act.

20. Severability

If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.