CEA - Terms of Use 

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Effective Date: July 14, 2006

Please Read Carefully Prior To Using This Website
Use of this The Consumer Electronics Association ("CEA") website ("this Website") is governed by the terms and conditions below ("Terms of Use"). By using this Website you agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, do not use this Website.

Although we operate internationally, CEA is a corporation organized under the laws of the Commonwealth of Virginia, in which CEA has its headquarters. The servers that host this Website are located in the United States, and any personal details you provide us will be processed by CEA in the United States. For information about the way in which we use, process and share personal information that we may obtain about you, please refer to our Privacy Policy. CEA expressly excludes any representation or warranty, express or implied, with respect to the information available on this Website. CEA makes no representation about any third-party websites that may be accessed via links from this Website. By using this Website, you agree that the law of the Commonwealth of Virginia, without regard to its conflict of laws principles, will govern all matters between you and CEA with respect to your use of this Website.

Intellectual Property Rights
   Ownership of Intellectual Property
   Authorized and Prohibited Uses
   Content You Submit to this Website
   Registration and Passwords
   Compliance with the Digital Millennium Copyright Act
   Restricted Rights

Website and Registration Administration
   Access Arrangements and Fees
   Linking
   Authority of Website Administrator
   Good Samaritan Policy
   Import/Export Control

Your Obligations
   Compliance
   Unsuitable Content or Conduct
   Functional Compatibility and System Abuse
   Cooperation and Notification
   Third Party Sites
   Warranty Disclaimers
   Limitations on Liability and Remedies
   Indemnification

Other Important Information
   Separate Terms and Conditions
   Privacy Policy
   Dispute Resolution and Applicable Law and Forum
   Modifications to Terms and Conditions
   Contacting Us



Intellectual Property Rights

Ownership
All content, text, images, data, information and other material displayed, available or present on this Website ("Content"), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter "Intellectual Property Rights"), are the property of CEA, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Website is copyrighted unless otherwise noted, and may not be used without our written permission except as provided in these Terms of Use.

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Authorized and Prohibited Uses
You may access, use and display this Website on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws. You may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without our prior written permission. But, if this Website permits the e-mailing of certain Content or a link through the use of an "e-mail to a friend" (or similar) icon, you may send that particular Content or link to others by e-mail, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.

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User Content
Except as provided in our website Privacy Policy, any Content that you submit to this Website or CEA ("User Content") will be deemed to be non-confidential and may be disclosed through this Website to unknown persons on a worldwide basis without control by CEA, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit Content to this Website or CEA except for content that is fully authorized for purposes of this Website and these Terms of Use, and you will not infringe upon any person's Intellectual Property Rights in connection with such submissions. It is your obligation to determine the extent to which Content you submit is protected by applicable intellectual property laws. You agree that CEA shall have and hereby grant CEA a worldwide, royalty-free, perpetual, irrevocable, sublicenseable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any Content that you submit to this Website or CEA. CEA does not endorse any User (or third party user) Content, product or service that may appear on this Website. Nothing in these Terms of Use shall obligate CEA to use any Content you submit or to include or post such Content on this Website.

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Registration and Passwords
At times, we may or may not require you to have a password and provide registration details to access this Website or portions of this Website. If we do require a password and registration details, the details you provide must be correct, current, and complete. If CEA believes that the details are not correct, current, and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.

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Compliance with the Digital Millennium Copyright Act
CEA respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit CEA to locate the Content;
(d) Information reasonably sufficient to permit CEA to contact the complaining party;
(e) A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Restricted Rights
The information that is downloaded from this Website for or on behalf of the Government of the United States of America and/or its agencies ("US Government") is provided with Restricted Rights. Use, duplication, or disclosure by the US Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.

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Website and Registration Administration

Access Arrangements and Fees
Your use of this Website shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by CEA in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Website.

At this time, we do not charge a fee to use this Website, but we reserve the right to impose or modify fees in connection with use of this Website (or portions of this Website) at any time without liability. Payment of any such fees shall be due and payable thirty (30) days from the date of invoice unless otherwise agreed by you and CEA or unless otherwise required by CEA. CEA shall endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.

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Linking
No link shall be made to any page of this Website except a direct link to the top page (http://www.ce.org/) without framing.

Moreover, in the event CEA deems your linking practices in relation to this Website to be inappropriate, CEA may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of CEA relating thereto.

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Authority of Website Administrator
CEA may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website, these Terms of Use, the Content or any link at any time without liability or prior notice. CEA may in its discretion terminate the browsing of, registration with and use of this Website by any user at any time without liability or prior notice for any reason, including for any breach of these Terms of Use.

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Good Samaritan Policy
It is our policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make our best efforts to remove, disable, or restrict access to the availability of Content on the Website that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon CEA any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Website.

If you believe that someone has violated this policy, we ask you to promptly notify our Customer Service department by email at CEA@CE.org or by phone at 1-866-858-1555. You must use this address or phone number if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.

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Import/Export Control
You agree not to submit any Content to this Website or commit any act involving the transfer of information relating to any Content in violation of applicable import/export control, espionage or national security laws.

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Your Obligations

Compliance
You agree to comply with all applicable laws in connection with your use of this Website.

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Unsuitable Content and Conduct
You will not engage in conduct or submit to this Website any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. You will not cause damage, embarrassment or adverse publicity to CEA.

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Functional Compatibility and System Abuse
If the Website accepts the submission of Content, you will submit only Content and material that is functionally and technically compatible with this Website. You will not attempt to and will not damage, corrupt, tamper with or infect this Website, the Content or any information or telecommunication system of CEA with a virus or other malicious computer program. You will only use this Website for the permitted purposes stated in these Terms of Use, and will not engage in abusive activity with respect to this Website. Without limiting the generality of the foregoing, you agree not to send, create or reply to so called "mailbombs" (i.e., e-mailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent), engage in "spamming" (i.e., unsolicited e-mailing for business or other purposes), or undertake any other activity which may adversely affect the use or enjoyment of this Website by any person. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, CEA reserves the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.

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Your Cooperation and Notification
You agree to cooperate with all reasonable requests of CEA and will notify CEA promptly upon learning of any actual or suspected breach of these Terms of Use by you or unauthorized use or abuse of this Website.

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Third Party Sites and Other Information
This Website may contain as a convenience to you, Content, links and other information submitted by third parties over whom CEA has no control or responsibility, as well as translations thereof which CEA may arrange. CEA has no obligation to monitor, control or restrict the use of this Website, or third party websites accessible via links on this Website. These other sites are not under CEA's control, and you acknowledge that (whether or not such sites are affiliated in any way with CEA) CEA is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by CEA or any association with its operators. Moreover, CEA has no obligation to verify any Content submitted by a user or to provide any registration or other information to you concerning any Content.

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Warranty Disclaimers
This Website, its Content, and its links are provided on an "as is" basis and are used only at YOUR sole risk, to the fullest extent permissible by law. CEA disclaims all warranties, express or implied, of any kind, regarding this Website (including its Content, hardware, software and links), including ANY IMPLIED WARRANTIES as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

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Limitations on Liability and Remedies
CEA'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CEA (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. CEA AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH CEA. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CEA HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CEA AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. CEA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. in any event, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION are NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, The maximum liability of CEA will be limited to, in the sole discretion of CEA, either the (1) correction or deletion of any inaccurate Content or link; or (2) refund of any fees for this Website received by CEA from YOU.

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Indemnification
You agree to defend, indemnify and hold harmless CEA and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Website, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Website.

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Miscellaneous

Separate Terms and Conditions
In connection with your use of and/or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms of Use. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Website. Any such terms will not vary or replace these Terms of Use regarding any use of this Website, unless otherwise expressly stated.

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Privacy Policy
CEA is concerned about privacy and has developed a policy to address privacy concerns. The Privacy Policy is hereby incorporated into these Terms of Use by reference, and constitutes a part of these Terms of Use.

Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of or in connection with this Website or these Terms of Use (including without limitation the Privacy Policy), CEA and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.

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CEA has no obligation to become involved in any dispute between a user and any other person. This Website, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of law principles. CEA and you agree that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in Washington, DC or another forum mutually agreed upon by you and CEA, pursuant to the Rules of Arbitration ("Rules") of the International Chamber of Commerce ("ICC") by a sole arbitrator nominated by agreement of you and CEA and confirmed in accordance with the Rules. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that CEA is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms of Use pending a final arbitral decision.

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Modification of Terms of Use, Etc.
These Terms of Use and the Privacy Policy referenced herein constitute the complete agreement between you and CEA with respect to their subject matter and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time. CEA will endeavor to post a notice of any changes to these Terms of Use for a period of thirty (30) days following any such modifications. Therefore, you are advised to review these Terms of Use occasionally, or at least every thirty (30) days. Your continued use of this Website subsequent to CEA's notice of modification of these Terms of Use shall constitute your acceptance of the modified Terms of Use. If any term or provision of these Terms of Use shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and CEA shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use shall survive termination of this Website, any use by you of this Website, any User Content on this Website, or these Terms of Use.

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Contact Information
If you have any questions regarding these Terms of Use or this Website, please contact Customer Service at 1-866-858-1555.

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