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WEB SITE AGREEMENT
The Advertising Company Directs Web Site (the "Web Site") is an online information service provided by Advertising Company Direct, subject to your compliance with the terms and conditions set forth below.
Please Read this Document In A Careful Manner Before Accessing or Using the Web Site.
1. By Accessing or Using the Web Site, You Agree to Be Bound by the Terms and Conditions That Follow.
2. If You Do Not Want to Be Bound by The Terms and Conditions in this Agreement, You May Not Access or Use this Web Site.
3. Advertising Company Direct May Modify this Agreement; Such Modifications Shall Be Effective Immediately upon Posting of the Modified Agreement on the Web Site.
4. You Agree to Review the Agreement Periodically in Order to Be Aware of Such Modifications; If You Continue to Access or Use of this Web Site, Such Usage Shall Be Deemed Conclusive Acceptance of a Modified Agreement.
COPYRIGHT AND COPYRIGHT ISSUES
The entire contents of the Web Site are protected by international copyright and trademark laws. The owner of the trademarks and copyrights are Advertising Company Direct, its other third party licensors or affiliates. You May Not Copy, Reproduce, Republish, Modify, Post, Upload, Transmit or Distribute in Any Manner the Material on this Web Site; This Includes Graphics, Text, Code and or Software. You may print or download portions of material from the different areas of the Web Site solely for your own non-commercial use so long as you agree not to change or delete any proprietary or copyright notices from the materials.
LICENSES
You agree to grant to Advertising Company Direct a non-exclusive, worldwide, royalty-free, perpetual license, with the right to sub-license, distribute, transmit, reproduce, create derivative works, publicly perform and publicly display any materials and other information [for example (without limitation) ideas contained therein for new or improved products and services] that you submit to any public areas of the Web Site (such as forums, bulletin boards, and newsgroups) or by e-mail to Advertising Company Direct by all means and in any media now known or hereafter developed.
SUBMISSION OF IDEAS
You grant to Advertising Company Direct the right to use your name in connection with the submitted materials and other information as well as in connection with all marketing, advertising and promotional material related thereto. You agree that you shall have no recourse against Advertising Company Direct for any actual or alleged infringement or misappropriation of any proprietary right in your communications to Advertising Company Direct.
TRADEMARKS
Products, services, publications, or content referenced herein or on the Web Site are the exclusive servicemarks or trademarks of Advertising Company Direct. Other company names or product mentioned in the Web Site may be the servicemarks or trademarks of their owners.
USE OF THE SITE
1. You understand that, except for services, information or products clearly identified as being supplied by Advertising Company Direct, Advertising Company Directdoes not control, operate or endorse any services, information or products on the Internet in any way.
2. Except for Advertising Company Directs identified services, information or products, all information, products and services offered through the Web Site or on the Internet generally are offered by third parties, that are not affiliated with Advertising Company Direct.
3. You understand that Advertising Company Direct cannot and does not guarantee or warrant that files available for downloading through the Site will be free of worms, viruses or infection, Trojan horses or other code that have contaminating or destructive properties.
4. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, as well as keeping a means external to the Web Site for the reconstruction of any lost data.
5. You Assume Total Risk and Responsibility for Your Use of the Internet and this Web Site.
6. Advertising Company Direct provides this Web Site and Related Information "As Is" and Does Not Make Any Implied or Express Warranties, Endorsements or Representations (Including Without Limitation Warranties of Title or Non-infringement, or the Implied Warranties of Merchantability or Fitness for a Particular Purpose) with Regard to the Service, Any Merchandise Information or Service Provided Through the Service or on the Internet.
A) Advertising Company Direct Shall Not Be Liable for Any Cost or Damage Arising Either Directly or Indirectly from Any Such Transaction.
8. It Is Solely Your Responsibility to Evaluate the Completeness, Accuracy and Usefulness of All Opinions, Merchandise, Services, Advice, and Other Information Provided Through the Service or on the Internet Generally.
9. Advertising Company Direct Does Not Warrant That the Service Will Be Error-free, Uninterrupted or That Defects in the Service Will Be Corrected.
10. You Understand the Pure Nature of the Internet Contains Unedited Materials, and Some of this Material is Sexually Explicit and/or May Be Offensive to Viewers. You Access Such Materials at Your Own Risk. Advertising Company Direct Has No Control over and Accepts No Responsibility Whatsoever for These Materials.
LIMITATION OF LIABILITY
In No Event Will Advertising Company Direct Be Liable for
1. Any Incidental, Indirect Damages or Consequential (Including, but Not Limited To: Business Interruption, Damages for Loss of Profits, Loss of Programs or Information, and the Like) Arising out of the Use of or Inability to Use the Service, Any Information, Transactions Provided on the Service, Downloaded from the Service, or Any Delay of Such Information or Service.
2. Advertising Company Direct Will Not Be Liable Even If Advertising Company Direct or its Authorized Representatives Have Been Advised of the Possibility of Such Damages, or Any Claim Attributable to Omissions, Errors, or Other Inaccuracies in the Service And/or Materials or Information Downloaded Through the Service.
3. Because Some States Do Not Allow the Exclusion or Limitation of Liability for Consequential or Incidental Damages, the above Limitations May Not Apply to You. In Such States, Advertising Company Directs Liability Is Limited to the Greatest Extent Permitted by Law.
OTHER WEB SITES
Advertising Company Direct makes no representations whatsoever about any other web site which you may access through this Web Site or which may link to this Web Site. When you access a non-Advertising Company Direct web site, understand it is independent from Advertising Company Direct, and that Advertising Company Direct has no control over the content on that web site. A link to a Advertising Company Direct web site does not mean that Advertising Company Direct endorses or accepts any responsibility for the content, or the use, of such web site.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Advertising Company Direct, its directors, employees, officers, agents, suppliers, licensors and any third party information providers to the Service from and against all expenses, damages, losses and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including wrongful conduct or negligent) by you or any other person accessing the
website.
THIRD PARTY RIGHTS
The provisions of paragraphs Use of the Service and Indemnification are for the benefit of Advertising Company Direct and its directors, officers, agents, employees, suppliers, licensors, and any third party information
provided to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
TERM AND TERMINATION
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs Copyright, Licenses, Idea Submissions, Use of the Service, Indemnification, Third Party Rights and Miscellaneous shall survive any termination of this Agreement.
MISCELLANEOUS
1. This Agreement shall all be governed and construed in accordance with the laws of the United States applicable to agreements made and to be performed in the United States.
2. You agree that any legal action or proceeding between Advertising Company Direct and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a United States state or federal court of competent jurisdiction.
3. Any claim or cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises otherwise such claim or cause of action is barred.
4. Advertising Company Direct's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any right or provision.
5. Neither trade practice or the course of conduct between the parties shall act to modify any provision of this Agreement.
6. Advertising Company Direct may assign its duties and rights under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved. |