Last updated: August 5, 2009
The
following terms and conditions of use (the "Terms and Conditions")
govern your ("You") use of the Advantage Business Media (ABM) Website (http://www.pddnet.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, tortuous, 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.
Terms of Use for RSS Feeds on Advantage Business Media, LLC. websites
Product Design & Development is operated by Advantage Business Media, LLC. or one of its affiliated companies. You may use and link to the RSS Feeds provided via this Site provided that you comply with these terms of use:
RSS Feeds provided via this Site
consist of a selection of headlines, summaries and links to full news
stories which can be delivered to desktops, newsreaders or other
websites using a technology called XML (individually, an "RSS Feed" and
collectively, the "RSS Feeds"). The RSS Feeds are protected by U.S. and
international copyright laws. All rights in and to the RSS Feeds are
reserved to Advantage Business Media, LLC. The RSS Feeds are available
for personal, noncommercial use and for noncommercial use on third party
websites, weblogs and similar applications. But can only be used if
written permission/consent is given from Advantage Business Media, LLC.
You may display, excerpt from, and link
to the RSS Feeds on your Website, weblog, or similar application for
personal, noncommercial purposes, provided that (a) the links redirect
the user to this Site when the user clicks on them, (b) you do not
insert any intermediate page, splash page or other content between the
links and the applicable web page on this Site, (c) the use or display
does not suggest that Advantage Business Media, LLC. , this Site or any of their respective properties, services or products are endorsing your Website, its products or services nor
are promoting or endorsing any third party causes, ideas, websites,
products or services, (d) the meaning of the content contained in the
RSS Feeds, including the headlines and summaries, is not changed or
distorted, (e) you do not modify the news stories or other content that
are linked to by the RSS Feeds; and (f) your Website does not contain
material that could be construed as libelous, distasteful, offensive,
harassing, obscene or criminal; or that infringes, otherwise violates,
or advocates the infringement or other violation of, any third party
rights. If you display an RSS Feed on your Website, weblog or similar
application, (a) you may not redistribute the RSS Feed, and (b) you must
provide attribution to Advantage Business Media, LLC. and
this Site adjacent to the RSS Feed by including this Site's name and
the words "News Headlines"; or this Site's name in text adjacent to the
RSS feed. Any use of Advantage Business Media, LLC. trademarks
or service marks, or of the RSS Feeds requires the prior written
permission of Advantage Business Media, LLC. Advantage Business Media,
LLC. reserves the right to discontinue providing RSS Feeds
and to require that you cease accessing or using the RSS Feeds, or any
content contained in the RSS Feeds at any time for any reason. Advantage Business Media, LLC. may
amend or revise these Terms of Use at any time and you agree to be
bound by such revised Terms of Use. Any such amendment or revisions will
become effective upon the date it is first posted to this Site. It is
your responsibility to return to this Site from time to time to review
the most current Terms of Use and other Advantage Business Media, LLC. policies, including the Advantage Business Media, LLC. You expressly and unconditionally accept and agree, without limitation or qualification, to the Advantage Business Media, LLC. Communications Inc. Terms
and Conditions of Use by displaying, excerpting from, or linking to the
RSS Feeds. Advantage Business Media, LLC. does not and will not assume
any obligation to notify you of changes to the Terms of Use or any other
policy of Advantage Business Media, LLC. For other RSS Feed-related
requests, please e-mail amy.labroo@advantagemedia.com
Licensed Platform(s):
Associated Press text, photo, graphic, audio and or video material shall not be
published, broadcast, rewritten for broadcast or publication or redistributed directly
or indirectly in any medium. Neither these AP materials nor any portion thereof may
be stored in a computer except for personal and non-commercial use. Users may not
download or reproduce a substantial portion of the AP material found on this web
site. AP will not be held liable for any delays, inaccuracies, errors or omissions
therefrom or in the transmission or delivery of all or any part thereof or for any
damages arising from any of the foregoing.
Copyright Agent
c/o Legal Department
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