The following terms and conditions of use (the "Terms and Conditions")
govern your ("You") use of the Advantage Business Media (ABM) Website (
www.advantagebusinessmedia.com),
which shall include, without limitation, several Advantage Business Media
publications within one common industry category, and all content thereon
(the "Site") as provided by Advantage Business Media. ("Advantage Business
Media" or "we"). BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS
AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to
these Terms and Conditions, you may not access or otherwise use the Site.
Services Available on the Site.
Advantage Business Media may make certain services available to individuals
who register on the Site ("Registered Users") and general visitors to the
Site ("Visitors") (Registered Users and Visitors are collectively referred
to as "Users"). For example, Users may be able to register to receive a
print publication or an e-mail newsletter, participate in forums or moderated
discussions with other Users, post comments on a bulletin board, post and
respond to classified ads, or enter a sweepstakes (collectively, "Services
", and with the Site, the "Site "). Users may also access articles and perform
research.
Advantage Business Media may make certain forums available on the Site that
allow Registered Users the opportunity to participate in moderated discussions
and to post information on bulletin boards (collectively, "Forums"). Registered
Users who participate in these Forums are solely responsible for the information
and other content they post on and through these Forums and should be aware
that when they voluntarily disclose personal information (e.g., name, e-mail
address, telephone number) on or through these Forums, that such information
is generally accessible to and may be collected and used by other Registered
Users, as well as Visitors, and may result in unsolicited online and offline
messages from such viewers. Registered Users are encouraged to exercise
discretion when providing personal information about themselves in and through
Forums.
You acknowledge and agree that in connection with your use of the Site you
must: (a) provide for your own access to the World Wide Web and pay any
service fees associated with such access, and (b) provide all equipment
necessary for you to make such access and connection to the World Wide Web,
including a computer, software, a modem and a means of connecting to or
accessing the Internet. Advantage Business Media shall not be responsible
for any malfunctions, errors, crashes or other adverse events that may occur
from your use of the Site.
Proprietary Rights.
As between you and Advantage Business Media (including our affiliates),
we are the owner and/or authorized user of any trademark, and/or service
mark appearing on the Site, and are the copyright owner or licensee of the
content and/or information on the Site, unless otherwise indicated. Except
as otherwise provided herein, use of the Site does not grant to you a license
to any content, features or materials you may access on the Site. Any commercial
use of the Site is strictly prohibited, except as allowed herein or otherwise
approved by us. You may not download or save a copy of any of the content
or screens except as otherwise provided in these Terms and Conditions, for
any purpose. You may, however, print one (1) copy of the information on
the Site solely for your personal use or records. If you make other use
of the Site, except as otherwise provided above, you may violate copyright
and other laws of the United States, other countries, as well as applicable
state laws and may be subject to liability for such unauthorized use. We
do not grant any license or other authorization to any user of our trademarks,
service marks, other copyrightable material or any other intellectual property,
by including them on the Site. You also agree and acknowledge that any ideas,
concepts, methods, systems, designs, plans, techniques or other similar
materials that you submit or otherwise communicate to the Site, may be used
by us in any manner.
User Information.
In the course of your use of the Site, you may be asked to provide certain
information about yourself to us ("User Information"). ABM information collection
and use policies with respect to such User Information are set forth in
the Site Privacy Policy Click Here for Privacy Policy. You acknowledge and
agree that you are solely responsible for the accuracy and content of the
User Information.
Submitted Material.
Any information or material that you submit or send to Advantage Business
Media or otherwise make available on or through the Site ("Your Material")
will be deemed not to be confidential or secret. By submitting or otherwise
making Your Material available on the Site, you:
· Agree and acknowledge that Your Material will not be treated as confidential
or proprietary.
· Represent and warrant that Your Material:
· Is original to you and that no other party has any rights to the material;
· Does not contain any content that is unlawful, threatening, harassing,
profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent,
contains explicit or graphic descriptions or accounts of sexual acts (including
but not limited to sexual language of a violent or threatening nature directed
at another individual or group of individuals), invasive of another's privacy,
or hateful;
· Does not contain a virus or other harmful component; and
· Does not contain, unless the specific Service allows, any advertising
of any kind, or false or misleading indications of origin or statements
of fact.
· Grant Advantage Business Media the royalty-free, unrestricted, worldwide,
perpetual, irrevocable, non-exclusive and fully sub-licensable right and
license to use, reproduce, modify, edit, adapt, publish, translate, create
derivative works from, distribute, perform and display Your Material (in
whole or part) worldwide and/or to incorporate it in other works in any
form, media, or technology now known or later developed. You also warrant
that any "moral rights" in Your Material have been waived. No Endorsement.
Advantage Business Media does not represent or warrant the truthfulness,
accuracy or reliability of any material posted by others on or through the
Site, nor does Advantage Business Media endorse any opinions expressed by
Users or others, such as responses provided in the "Ask the Expert" portions
of the Site. Users acknowledge that any reliance on material posted by others
will be at their own risk. Any content placed on any discussion area by
Users are the views of the User posting the statement, and do not represent
the views of Advantage Business Media.
Unsolicited Materials.
Unless specifically requested, Advantage Business Media does not solicit
nor does it wish to receive any confidential, secret or proprietary information
or other material from you through the Site, any of its services, by e-mail,
or in any other way.
User Conduct.
You warrant and agree that, while using the Site, you shall not:
· Upload, post or transmit to or distribute or otherwise publish through
the Site any material that violates any provision of these Terms and Conditions;
· Restrict or inhibit any other User from using and enjoying the Site;
· Constitute or encourage conduct that would constitute a criminal offense
or give rise to civil liability;
· Impersonate, or misrepresent your affiliation with any other person or
entity;
· Upload, post, publish, transmit, reproduce, distribute or in any way exploit
any information or other material obtained through the Site for commercial
purposes (other than as expressly permitted by the provider of such information
or other material);
· Engage in spamming or flooding; or
· Attempt to gain unauthorized access to other computer systems through
the Site.
Except as otherwise expressly permitted herein, you may not upload, post,
publish, reproduce, transmit or distribute in any way any component of the
Site itself or derivative works with respect thereto, as the Site is copyrighted
as a collective work under U.S. copyright laws.
We have no obligation to monitor any content on or through the Site and
we assume no obligation. You acknowledge and agree, however, that we do
retain the right to monitor the Site and to disclose any information as
necessary or appropriate to satisfy any law, regulation or other governmental
request, to operate the Site properly, or to protect ourselves or our Users.
We will not intentionally monitor or disclose any private electronic mail
message unless required by law. We reserve the right to refuse to post or
to remove any information or materials, in whole or in part, that, in our
sole discretion, are unacceptable, undesirable, inappropriate or in violation
of these Terms and Conditions. We may also suspend or terminate any User's
use of the Site at any time in our sole discretion.
You agree to defend, indemnify and hold Advantage Business Media, its directors,
officers, employees, agents and affiliates harmless from any and all claims,
liabilities, costs and expenses, including reasonable attorneys' fees, arising
in any way from your use of the Site or the placement or transmission of
Your Material on or through the Site by you.
DISCLAIMER OF WARRANTIES.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTIONS AND MATERIALS
THEREON, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION,
DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION,
AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. ADVANTAGE BUSINESS MEDIA DOES NOT WARRANT THAT
THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE
TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
ADVANTAGE BUSINESS MEDIA MAKES NO WARRANTY THAT THE SITE WILL MEET USERS'
REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM ADVANTAGE BUSINESS MEDIA OR THROUGH THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH
THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE
USING THE SITE.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL ADVANTAGE BUSINESS MEDIA OR ANY OF ITS DIRECTORS, OFFICERS,
EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR
THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED
THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED
PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF ADVANTAGE BUSINESS MEDIA
OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL ADVANTAGE BUSINESS MEDIA
BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED
OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE
SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF ADVANTAGE BUSINESS MEDIA
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT
OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING
FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY
TO ADVANTAGE BUSINESS MEDIA FOR YOUR ACCESS TO OR USE OF THE SITE.
Links to Other Sites.
You acknowledge and agree that we have no responsibility for the accuracy
or availability of information provided by Web sites to which you may link
from the Site ("Linked Sites"). Links to Linked Sites are provided as a
convenience to you, and do not constitute an endorsement by or association
with Advantage Business Media of such sites or the content, products, advertising
or other materials presented on such sites. Advantage Business Media does
not author, edit, or monitor these Linked Sites. You acknowledge and agree
that Advantage Business Media is not responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content, goods or services
available on such Linked Sites.
Applicable Laws.
We control and operate this Site from our offices in the United States of
America. We do not represent that materials on the Site are appropriate
or available for use in other locations. Persons who choose to access this
Site from other locations do so on their own initiative, and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
Miscellaneous.
The Terms and Conditions and the relationship between you and Advantage
Business Media shall be governed by the laws of the State of Delaware, without
regard to its conflict of law provisions. You and Advantage Business Media
agree that any cause of action that may arise under this Agreement shall
be commenced and be heard in the appropriate court in the State of Delaware.
You and Advantage Business Media each agree to submit to the personal and
exclusive jurisdiction of the courts located within the State of Delaware.
The failure of Advantage Business Media to exercise or enforce any right
or provision of the Terms and Conditions shall not constitute a waiver of
such right or provision. If any provision of the Terms and Conditions is
found by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of the Terms and
Conditions remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising
out of or related to use of the Services or the Terms and Conditions must
be filed within one (1) year after such claim or cause of action arose or
be forever barred.
Modifications to the Site and the Services.
We may change these Terms and Conditions from time to time and at any time
without notice to you, by posting such changes on the Site. We reserve the
right, for any reason, in our sole discretion, to terminate, change, suspend
or discontinue any aspect of the Site, including, but not limited to, content,
features or hours of availability. By using the Site following any modifications
to the Terms and Conditions, you agree to be bound by any such modifications
to the Terms and Conditions. We may also impose limits on certain features
of the Site or restrict your access to part or all of the Site without notice
or penalty.
Digital Millennium Copyright Act Agent.
We respect the intellectual property rights of others, and require that
the people who use the Site do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement, please forward
the following information to the Copyright Agent named below:
· Your address, telephone number, and e-mail address;
· A description of the copyrighted work that you claim has been infringed;
· A description of where the alleged infringing material is located;
· A statement by you that you have a good faith belief that the disputed
use is not authorized by you, the copyright owner, its agent, or the law;
· An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; and
· A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Copyright Agent
100 Enterprise Drive, Suite 600
Rockaway, NJ 07866
973-920-7000
copyrightagent@advantagemedia.com
This Site is operated by:
Advantage Business Media
100 Enterprise Drive, Suite 600
Rockaway, NJ 07866
websupport@advantagemedia.com
