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TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This Website at theadrenalineproject.com (the “Website”) is fully controlled and operated by 4Kids Entertainment, Inc. ("4Kids") and Marble Media Inc. (“Marble”). By accessing and using this Website, you are agreeing to be legally bound by these terms and conditions. If you do not agree with all of the following terms and conditions, please do not use this Website. 4Kids and Marble reserve the right, in our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions periodically. Your continued use of the Website following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

OWNERSHIP OF INTELLECTUAL PROPERTY
All site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic materials, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks, and trade names (the "Material") are the property of 4Kids and Marble and/or their subsidiaries, affiliates, assigns, licensors or other respective owners of the various properties featured on the Website. The Materials are protected by law, including, without limitation, pursuant to U.S. and foreign copyright and trademark laws. 4Kids and Marble hereby grant you a personal, non-exclusive, non-assignable, and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Material and/or software that you may download from this Website, including, without limitation, any files, codes, audio or images incorporated in or generated by the software provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of 4Kids and Marble. You further agree that you will not redistribute, sell, auction, decompile, reverse engineer or otherwise modify the Materials. Further, the use of any information, content or materials on the Website on any other website or computer environment is strictly prohibited. Any unauthorized or prohibited use may subject the offender to liability under applicable federal and state laws.

DISCLAIMER AND LIMITATION OF LIABILITY
4Kids and Marble are not responsible for any incorrect or inaccurate Postings on the Website, or on sites that link to or from the Website, whether caused by Users of the Website or by any equipment or programming associated with or utilized in the Website. THIS WEBSITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, 4KIDS, MARBLE, AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY 4KIDS, MARBLE OR ANY THIRD PARTY.

4Kids and Marble are not responsible or liable for any problems or technical malfunction of any computer online systems, servers or providers, computer viruses or contamination of your system, delays, inaccuracies, errors, or omissions arising out of your use of this Website, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any Websites or combination thereof, including injury or damage to users and/or members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website.

4Kids and Marble will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, including personal injury or death, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained in the Website and/or in a third party hyperlinked site.

THIRD PARTY HYPERLINKS
The appearance of websites or external third party hyperlinks on the Website does not constitute endorsement by 4Kids, Marble Media Inc., their subsidiaries and affiliates of the opinions or views expressed by these linked sites. 4Kids and Marble do not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained on the linked sites. Furthermore, 4Kids and Marble are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither 4Kids and Marble nor any of their subsidiaries and affiliates will be responsible for the any errors or omissions or for the results obtained from use of such information contained in these sites. To the extent that these sites collect personal information or postings from the User, be advised that in no event shall 4Kids and Marble assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless, 4Kids, Marble their affiliates, and their respective officers, directors, employees, agents, licensors, copyright owners of Materials on the Website, representatives, and third party providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this agreement by you. 4Kids and Marble reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with 4Kids and Marble in asserting any available defenses.

GENERAL PROVISIONS
These terms and conditions accepted upon use of the Website and further affirmed by you, 4Kids and Marble regarding the use of the Website and supersede all prior understandings related to the Website. These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms and conditions by 4Kids and Marble shall be deemed a further or continuing waiver of such provision or any other provision, and 4Kids’ and Marble’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

The content and materials on the Website are presented solely for the purpose of entertainment and promoting programs, events, products and services available in the United States. The Website is controlled and operated by 4Kids Entertainment, Inc, and Marble Media Inc. The Website is intended for residents of the United States unless otherwise noted. Residents outside the United States understand and consent that the data submitted on the Website will be transmitted to and processed within the United States. 4Kids and Marble make no representation that content and materials on the Website are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. No software from this Website may be downloaded, exported or re-exported in violation of any law, including, without limitation, to countries that are subject to United States export restrictions.

These terms and conditions were last updated and posted on this Website on September 27, 2007.