("Agreement")
By using this site, you ("User") signify your agreement
to these terms and conditions. If you do not agree to this Agreement please
do not use this site. Please check this Agreement periodically for changes
as the owner of this site, Accelerize New Media ("Company"), reserves the
right to revise this Agreement and your continued use of this site following the
posting of any changes to the Agreement constitutes acceptance of such changes.
The Company reserves the right to terminate a User's use of this site at any time
without notice and may do so for any breach of this Agreement or the instructions
on this site by User. This Agreement applies to licensors and advertisers
as well.
This Agreement must be completed, understood and agreed to
by a person over 18. If a parent or guardian wishes to permit a person under
18, and under his or her supervision, to use this site, he or she should email the
Company with his or her explicit permission and acceptance of full legal responsibility
for the minor to do so. If you are not yet 18, if you are easily offended,
or are accessing this site from any country where material on this site is prohibited
or illegal, please leave now as you do not have permission to access this site.
Upon your agreement to this Agreement, the Company hereby grants
you a non-exclusive, non-transferable limited license to use this site in strict
accordance with the terms and conditions in this Agreement and as permitted via
instructions on this site. You agree not to make any false or fraudulent statements
in your use of or to gain access to this site. You acknowledge and agree that
all content and services available on this site are property of the Company and
its advertisers and licensors and are protected by copyrights, moral rights, trademarks,
service marks, patents, trade secrets, and other proprietary rights and laws, in
the U.S. and internationally. All rights not expressly granted herein are
fully reserved by the Company, its advertisers and licensors.
Use
Except as may be explicitly permitted through this site, you
agree not to save, download, cut and paste, sell, license, rent, lease, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform, publish,
adapt, edit, or create derivative works from materials, code or content on or from
this site. Systematic retrieval of data or other content from this site to create
or compile, directly or indirectly, a collection, compilation, database or directory
without written permission from the Company is prohibited. In addition, use of the
content or materials for any purpose not expressly permitted in this Agreement is
prohibited.
You agree that if you are issued a Username and Password by the
Company, you shall use your best efforts to prevent access to this site through
your Username and Password by anyone other than yourself, including but not limited
to, keeping such information strictly confidential, notifying the Company immediately
if you discover loss or access to such information by another party not under your
control and supervision, and by using a Username and Password not easily guessed
by a third party.
You agree that you shall not try to reverse engineer, reverse
assemble, reverse compile, decompile, disassemble, translate or otherwise alter
any executable code, contents or materials on or received via this site. You
understand that such actions are likely to subject you to serious civil and criminal
legal penalties and that the Company shall pursue such penalties to the full extent
of the law to protect its rights and the rights of its other licensors.
Accessing this site, and services, products or contents available
on this site, except as expressly allowed through instructions and truthful statements
by the User in regard to use of this site, from places outside the U.S. or where
their contents are illegal, is prohibited. Those who choose to access this site
from other locations do so knowingly on their own initiative and voluntarily at
their own risk and are responsible for compliance with local laws. None of
the information on this site may be downloaded, exported or reexported into Iran,
Iraq, Syria, Libya, Sudan, Cuba, North Korea, Yugoslav Republic (Serbia and Montenegro),
Rwanda, Nigeria or any other country with restrictions imposed by the U.S. Government.
By using this site, you agree that you are not a citizen of or a resident in any
of these countries.
You agree that you shall comply with all applicable export and
import control laws and regulations in your use of this site, or materials or services
received through this site, and, in particular, you shall not export or re-export
anything on or received through this site in violation of local or foreign export
laws and/or without all required U.S. and foreign government licenses.
If you are a branch or agency of the U.S. Government, the following
provision applies. This site, code, contents, services and accompanying documentation
are comprised of "commercial computer software" and "commercial computer software
documentation" as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and are provided
to the Government (i) for acquisition by or on behalf of civilian agencies, consistent
with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on
behalf of units of the Department of Defense, consistent with the policies set forth
in 48 C.F.R. 227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights
reserved under the copyright laws of the United States.
Except with regard to personal information, all information which
you post on this site or communicate to the Company through this site (collectively
"Submissions") shall forever be the property of the Company. You agree to
the <a href="/site_submission_rules.asp">Site Submission Rules</a> as
part of this Agreement if provided on the site by the Company. The Company
shall not treat any submission as confidential and shall not incur any liability
as a result of any similarities that may appear in future Company services or products.
Without limitation, the Company shall have exclusive ownership of all present and
future existing rights to any Submission of every kind and nature everywhere.
You acknowledge that you are fully responsible for the message, including its legality,
reliability, appropriateness, originality and copyright. You hereby represent
and warrant that your Submission does not infringe the rights of any third party.
The Company's, licensors' or other third party materials, services
or products referenced on this site are common law or registered trade marks or
service marks of such parties.
You may be transferred to online merchants or other third party
sites through links or frames from this site. You are cautioned to read such sites'
Terms and Conditions and/or Privacy Policies before using such sites in order to
be aware of the terms and conditions of your use of such sites. These
sites may contain information or material that is illegal, unreasonable or that
some people may find inappropriate or offensive. These other sites are not under
the control of the Company, are not monitored or reviewed by the Company, and the
Company is not aware of the contents of such sites. You acknowledge that the Company
is not responsible for the accuracy, copyright compliance, legality, decency, or
any other aspect of the contents or any transmissions received through such sites.
The inclusion of such a link or frame does not imply endorsement of this site by
the Company, its advertisers or licensors, any association with its operators and
is provided solely for your convenience. You agree that the Company
and its licensors have no liability whatsoever from such third party sites and your
usage of them.
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS
OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR
RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH
THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY DISCLAIM
ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED
THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE,
INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY,
ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION
RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL
BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL
BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE
IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY
AT YOUR RISK. USER AGREES THAT IT HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR
STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT
PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU
BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR
ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY
TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS
SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY,
ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL
BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
You agree to defend, indemnify, and hold harmless the Company,
its advertisers, licensors, subsidiaries and other affiliated companies, and their
employees, contractors, officers, agents and directors from all liabilities, claims,
and expenses, including attorney's fees, that arise from your use of this site,
or any services, information or products from this site, or any violation of this
Agreement. The Company reserves the right, at it own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in
which event you shall cooperate with the Company in asserting any available defenses.
Company may suspend or terminate this Agreement or User's use
immediately upon receipt of any notice which alleges that User has used this site
for any purpose that violates any local, state, federal or law of other nations,
including but not limited to the posting of information that may violate third party
rights, that may defame a third party, that may be obscene or pornographic, that
may harass or assault others, that may violate hacking or other criminal regulations,
etc. of its agents, officers, directors, contractors or employees. In such
event, Company may disclose the User's identity and contact information, if requested
by a government or law enforcement body or as a result of a subpoena or other legal
action, and Company shall not be liable for damages or results thereof and User
agrees not to bring any action or claim against Company for such disclosure.
This site (excluding third party linked sites) is controlled
by the Company from its offices within the State of Massachusetts, U.S. of America.
It can be access from all 50 states as well as from other countries around the world
to the extent permitted by site. As each of these places has laws that may
differ from Massachusetts, by accessing this site, both you and the Company agree
that the statues and laws of Massachusetts shall apply to any actions or claims
arising out of or in relation to this Agreement or your use of this site, without
regard to conflicts of laws principles thereof. You and the Company also agree
and hereby submit to the filing of any claim only in the exclusive personal jurisdiction
and venue of Massachusetts and any legal proceedings shall be conducted in English.
The Company makes no representation that materials on this site are appropriate
or available for use in other locations, and accessing them from territories where
their contents are illegal is prohibited. This Agreement shall not be governed
by the United Nations Convention on Contracts for the Sale of Goods.
This Agreement incorporates by reference the Site Submission
Rules if this site allows posting and posts such Rules. This Agreement constitutes
the entire agreement between the parties related to the subject matter thereof,
supersedes any prior or contemporaneous (oral, written or electronic) agreement
between the parties and shall not be changed except by written agreement signed
by an officer of the Company. If any provision of this Agreement is prohibited
by law or held to be unenforceable, the remaining provisions hereof shall not be
affected, and this Agreement as much as possible under applicable law shall continue
in full force and effect as if such unenforceable provision had never constituted
a part hereof and the unenforceable provision shall be automatically amended so
as to best accomplish the objectives of such unenforceable provision within the
limits of applicable law. User shall not assign or transfer this Agreement
and any such transfer shall be void.