Terms & Conditions
Last Updated: May 1, 2017
Terms and Conditions
PLEASE READ THESE TERMS AND
CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS,
POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL
OF THESE TERMS, DO NOT USE THIS WEBSITE.
These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Ansira Partners, Inc. ("Ansira") and/or its client ("Client") or their respective parent companies, subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Ansira and Client for violations of these Site Terms.
Ownership of the Site and its Contents
This Site is owned and operated by
Ansira. Unless otherwise indicated, all of the content featured or displayed on
this Site, including, but not limited to, text, graphics, data, photographic
images, moving images, sound, illustrations, software, and the selection and
arrangement thereof, is owned by Ansira, its affiliated companies, its clients,
its licensors, or its third-party image partners.
All elements of the Site are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
This Site and its content are intended for facilitating the marketing and advertising of Client products. You may not use this Site or its content for any purpose not related to your business with Client. You are specifically prohibited from:
a. using any data mining, robots or similar data gathering or extraction methods;
b. manipulating or otherwise displaying the Site or its content by using framing or similar navigational technology;
c. registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Ansira or Client product or service if you are not expressly authorized by such party to do so; and
d. using the Site or its content other than for its intended purpose.
Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
You represent and warrant that you will comply with all
applicable laws and regulations, including, without limitation, those relating
to the Internet, data, e-mail, privacy, and the transmission of technical data
exported from the United States or the country in which you reside.
Use of the Site
You are responsible for making sure individual ads adhere to
all Client Advertising Guidelines. You are strongly encouraged to submit all
advertising materials, including customizable templates, to the Advertising
Consulting Center for pre-approval. Current guidelines can be downloaded from
the Client Toolbox website.
Neither Ansira nor Client make any claim or representation
regarding, and accept no responsibility for, directly or indirectly, the
quality, content, nature or reliability of third-party websites accessible by
hyperlink from the Site, or websites linking to the Site. Such sites are not
under the control of Ansira or Client and neither Ansira nor Client is responsible
for the contents of any linked third party site or any link contained in a
linked site, or any review, changes or updates to such third party sites.
Ansira and Client provide these links to you only as a convenience, and the
inclusion of any link does not imply affiliation, endorsement or adoption by
Ansira or Client of any site or any information contained therein. When you
leave the Site, you should be aware that our terms and policies no longer
govern. You should review the applicable terms and policies, including privacy
and data gathering practices, of any site to which you navigate from the Site.
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that neither Ansira nor Client shall be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Forums & Other Interactive Services or Areas
The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:
a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, or the NASDAQ;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of Ansira or Client, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose Ansira or Client or its users to any harm or liability of any type. Further, you agree not to delete or revise any User Content posted by any third party. Ansira and Client take no responsibility and assume no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Ansira or Client liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, neither Ansira nor Client are liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Ansira and Client have no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Ansira and Client reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that Ansira and Client may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Ansira and Client; or to protect the safety of our company, employees, customers or the public.
By posting any User Content, you represent and warrant that
you have the lawful right to transmit, distribute and reproduce such User
Content If you post User Content to the Site, unless we indicate otherwise, you
grant Ansira and Client and their respective affiliates a nonexclusive,
royalty-free, perpetual, irrevocable and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such User Content throughout the world in any
media. You grant Ansira and Client and their respective affiliates and
sublicensees the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that (a) you own and control
all of the rights to the User Content that you post or you otherwise have the
right to post such User Content to the Site; (b) the User Content is accurate
and not misleading; and (c) use and posting of the User Content you supply does
not violate these Site Terms and will not violate any rights of or cause injury
to any person or entity.
Registration Data and Account Security
In consideration of your use of the Site, you agree to:
a. provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data");
b. maintain and promptly update the Registration Data, and any other information you provide to Ansira, to keep it accurate, current and complete;
c. maintain the security of your password and identification;
d. notify Ansira immediately of any unauthorized use of your account or other breach of security;
e. accept all responsibility for any and all activities that occur under your account; and
f. accept all risks of unauthorized access to the Registration Data and any other information you provide to Ansira.
You agree to defend, indemnify and hold harmless Ansira and
Client, and their respective subsidiaries, parent companies, affiliates,
licensors, employees, agents, third party information providers and independent
contractors against any claims, damages, costs, liabilities and expenses
(including, but not limited to, reasonable attorneys' fees) arising out of or
related to any User Content that you post, store or otherwise transmit on or
through the Site, your conduct, your use or inability to use the Site, your
breach or alleged breach of the Site Terms or of any representation or warranty
contained herein, your unauthorized use of the content, or your violation of
any rights of another.
This site and its content are provided "as is" and both
Ansira and Client and their respective directors, employees, clients, content
providers, agents and affiliates exclude, to the fullest extent permitted by
applicable law, any warranty, express or implied, including, without limitation,
any implied warranties of merchantability, satisfactory quality, or fitness for
a particular purpose. Ansira and Client will not be liable for any damages of
any kind arising from the use of this Site or its content, or unavailability of
the same, including, but not limited to, lost profits, and direct, indirect,
incidental, punitive and consequential damages. The functions embodied on or in
the materials of this Site are not warranted to be uninterrupted or without
error. You assume the entire cost of all necessary servicing, repair or
correction due to your use of this Site or its content. We make no warranty
that the Site or its content is free from infection by viruses or anything else
that has contaminating or destructive properties. Ansira uses reasonable
efforts to ensure the accuracy, correctness and reliability of the Site
content, but we make no representations or warranties as to the content's
accuracy, correctness or reliability. Ansira offers a search feature within the
Site. Ansira and Client explicitly disclaim any responsibility for the content
or availability of information contained in our search index or directory.
Ansira also disclaims any responsibility for the completeness or accuracy of
any directory or search result. Some US states and foreign countries do not
permit the exclusion or limitation of implied warranties or liability for
certain categories of damages. Therefore, some or all of the limitations above
may not apply to you to the extent they are prohibited or superseded by state
or national provisions.
Limitation of Liability
In no event shall Ansira or Client or their respective
parent companies, subsidiaries, or affiliates, or their respective directors,
members, employees or agents be liable for any direct, special, indirect or
consequential damages, or any other damages of any kind, including but not
limited to loss of use, loss of profits, or loss of data, whether in an action
in contract, tort (including but not limited to negligence) or otherwise,
arising out of or in any way connected with the use of the Site, the services,
the content, or the materials contained in or accessed through the Site,
including without limitation any damages caused by or resulting from reliance
by user on any information obtained from Ansira or Client, or that result from
mistakes, omissions, interruptions, deletion of files or email, errors,
defects, viruses, delays in operation or transmission or any failure of
performance, whether or not resulting from acts of God, communications failure,
theft, destruction or unauthorized access to Ansira or Client records, programs
or services. In no event shall the aggregate liability of Ansira or Client,
whether in contract, warranty, tort (including negligence, whether active,
passive or imputed), product liability, strict liability or other theory,
arising out of or relating to the use of the Site exceed any compensation you
pay, if any, to Ansira or Client for access to or use of this Site or its
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or
its content shall be submitted to confidential arbitration in Missouri, except
that, to the extent you have in any manner violated or threatened to violate
Ansira or Client intellectual property rights, Ansira and/or Client may seek
injunctive or other appropriate relief in any state or federal court in the
State of Missouri, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this provision shall be conducted by a single
arbitrator under the rules then prevailing of the American Arbitration
Provision. The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under this Agreement shall be
joined to an arbitration involving any other party subject to the Site Terms,
whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Site Terms, Ansira and Client
reserve the right, without notice and in its sole discretion, to terminate your
account and/or to block your use of the Site.
Any waiver of any provision of the Site Terms will be
effective only if in writing and signed by Ansira and Client. If any clause in
these Site Terms is found to be unenforceable, wherever possible this will not
affect any other clause and each will remain in full force and effect. Any
rights not expressly granted herein are reserved.
Changes to Site Terms
Ansira and Client reserve the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.