AGREEMENT BETWEEN USER AND VEXARENTERTAINMENT.COM

The Vexar Entertainment Web Site is comprised of various web sites and web pages operated by Vexar Entertainment, LLC or its Affiliates (collectively, Vexar Entertainment Web Sites).

Vexar Entertainment Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Vexar Entertainment Web Sites constitutes your agreement to all such terms, conditions and notices.

In the event that any of the terms, conditions, and notices contained herein conflict with any other terms and guidelines contained within any particular Vexar Entertainment Web Site, then these terms shall control.

Modification of Terms of Use

Vexar Entertainment, LLC reserves the right to change, without notice, the terms, conditions, and notices under which Vexar Entertainment Web Sites are offered, including but not limited to the charges associated with the use of Vexar Entertainment Web Sites. You are responsible for regularly reviewing these terms and conditions.

Personal and Noncommercial Use Limitation

Unless otherwise specified, Vexar Entertainment Web Sites are for your personal and noncommercial use.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Vexar Entertainment Web Sites.

Links to Third Party Sites

Vexar Entertainment Web Sites may contain links to other Web Sites (Linked Sites). The Linked Sites are not under the control of Vexar Entertainment, LLC and Vexar Entertainment, LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Vexar Entertainment, LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. Vexar Entertainment, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vexar Entertainment, LLC of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of Vexar Entertainment Web Sites, you warrant to Vexar Entertainment, LLC that you will not use Vexar Entertainment Web Sites for any purpose that is unlawful or prohibited by these terms, conditions and notices.  You may not use Vexar Entertainment Web Sites in any manner which could damage, disable, overburden, or impair Vexar Entertainment Web Sites or interfere with any other party’s use and enjoyment of Vexar Entertainment Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Vexar Entertainment Web Sites.

Privacy Policy.

Except as otherwise expressly provided for in this Agreement, Vexar Entertainment Web Sites and the Webstore are subject to Vexar Entertainment LLC�'s Privacy Policy at http://www.vexarentertainment.com/privacypolicy.php, which is expressly made a part of this Agreement. If you have not already read Vexar Entertainment LLC�'s Privacy Policy, you should do so now.

Use of Communication Services

Vexar Entertainment Web Sites may contain bulletin board services, chat areas, news groups, blogs, forums, communities, personal Web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, Communication Services). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as limitation, you agree that when using a Communication Service, you will not:

Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;

Conduct or forward surveys, contests, pyramid schemes or chain letters;

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or label of the origin or source of software or other material contained in a file that is uploaded;

Restrict or inhibit any other user from using and enjoying the Communication Services;

�Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;

Harvest or otherwise collect information about others, including e-mail addresses, without their consent;

Violate any applicable laws or regulations.

Vexar Entertainment, LLC has no obligation to monitor the Communication Services; however, Vexar Entertainment, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Vexar Entertainment, LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Vexar Entertainment, LLC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Vexar Entertainment, LLC's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Vexar Entertainment, LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Vexar Entertainment, LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Unless otherwise specified, managers and hosts are not authorized Vexar Entertainment, LLC spokespersons, and their views do not necessarily reflect those of Vexar Entertainment, LLC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to Vexar Entertainment, LLC or Posted at Any Vexar Entertainment Web Site

Vexar Entertainment, LLC does not claim ownership of the materials you provide to Vexar Entertainment, LLC (including feedback and suggestions) or post, upload, input or submit to any Vexar Entertainment Web Site or its associated services (collectively, Submissions). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Vexar Entertainment, LLC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Vexar Entertainment, LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Vexar Entertainment, LLC’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Software Available on Vexar Entertainment Web Sites

Software (if any) that is made available to download from Vexar Entertainment Web Sites, excluding software that may be made available by end users through a Communication Service (Software) is the copyrighted work of Vexar Entertainment, LLC and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (License Agreement). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a License Agreement, Vexar Entertainment, LLC hereby grants to you, the user, a personal, nontransferable license to use the Software for viewing and otherwise using the particular Vexar Entertainment Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Vexar Entertainment, LLC and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States export restrictions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH VEXAR ENTERTAINMENT WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VEXAR ENTERTAINMENT, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN VEXAR ENTERTAINMENT WEB SITES AT ANY TIME. ADVICE RECEIVED VIA VEXAR ENTERTAINMENT WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

VEXAR ENTERTAINMENT, LLC AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON VEXAR ENTERTAINMENT WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. VEXAR ENTERTAINMENT, LLC AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

IN NO EVENT, SHALL VEXAR ENTERTAINMENT, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PERFORMANCE OF VEXAR ENTERTAINMENT WEB SITES, WITH THE DELAY OR INABILITY TO USE VEXAR ENTERTAINMENT WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH VEXAR ENTERTAINMENT, LLC WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF VEXAR ENTERTAINMENT WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VEXAR ENTERTAINMENT, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF VEXAR ENTERTAINMENT WEB SITES, OR WITH AN OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING VEXAR ENTERTAINMENT WEB SITES. SERVICE CONTACT: mgmt@vexarentertainment.com

Termination/Access Restriction

Vexar Entertainment, LLC reserves the right, in its sole discretion, to terminate your access to any or all Vexar Entertainment Web Sites and the related services or any portion thereof at any time, without notice.

General

This Agreement is governed by the laws of the State of Tennessee. You hereby consent to the exclusive jurisdiction and venue of the courts in the State of Tennessee in all disputes arising out of or relating to the use of Vexar Entertainment Web Sites. Use of Vexar Entertainment Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Vexar Entertainment, LLC as a result of this Agreement or use of Vexar Entertainment Web Sites. Vexar Entertainment, LLC's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Vexar Entertainment, LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of Vexar Entertainment Web Sites or information provided to or gathered by Vexar Entertainment, LLC with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Vexar Entertainment, LLC with respect to Vexar Entertainment Web Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Vexar Entertainment, LLC with respect to Vexar Entertainment Web Sites. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright and Trademark Notices

All contents of Vexar Entertainment Web Sites are: Copyright 2009 Vexar Entertainment, LLC and/or its suppliers, P.O. Box 172353, Memphis, TN 38187-2353. All rights reserved.

Trademarks

All proper names appearing on Vexar Entertainment Web Sites are either trademarks or registered trademarks of Vexar Entertainment, LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real Vexar Entertainment, LLC, organization, products, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Special Notice for Subscription-Based Content

Some contents and/or services on Vexar Entertainment Web Sites may be offered to you conditioned on our purchase of a subscription. If you elect to purchase subscription based content or services and transmit to Vexar Entertainment, LLC a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may cancel your subscription to any fee based content and/or services by contacting sales@vexarentertainment.com. No cancellation of access to free content and/or services or to nonrenewing subscription is required. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including, without limitation, your coworkers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.

Special Notice for On-Line Shopping Site.

Vexar Entertainment Web Sites for on-line shopping link you directly to several merchants, including Vexar Entertainment, LLC.

Vexar Entertainment, LLC's Terms of Sale are located at http://www.vexarentertainment.com/termsofsale.php. It is highly recommended that you read such terms now. However, each individual merchant other than Vexar Entertainment, LLC, participating in Vexar Entertainment Web Sites is responsible for setting and explaining their individual shipping, return, security and other policies applicable to shopping in their stores and purchasing their products. Vexar Entertainment, LLC does not guarantee, warrant or endorse any product or service sold by a merchant in Vexar Entertainment, LLC Web Sites, nor do we have any liability or responsibility for the quality or performance of any product or service sold to you by any merchant. The purchase of any product or service from a merchant at Vexar Entertainment Web Sites is a transactions solely between you and that merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible merchant. Vexar Entertainment, LLC has no responsibility or liability for any merchant or your relationship with such merchant.

You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by either Vexar Entertainment, LLC, or the particular merchant. With respect to applicable taxes, Vexar Entertainment, LLC or the merchant will advise you subsequently of the exact amount of tax due on your purchase. Vexar Entertainment, LLC has no responsibility whatsoever for any miscalculation or omission by a merchant of applicable taxes on any sale.

You represent and warrant that you are at least thirteen (13) years of age and that you possess the legal right to use Vexar Entertainment Web Sites in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Vexar Entertainment Web Sites.