TERMS OF USE AGREEMENT
Welcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “us” or “we” or “our” refers to Anderson Media Group, Inc the owner of the Web site. The term “you” refers to the
user or viewer of our Web Site.
1. ACCEPTANCE OF AGREEMENT
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. COPYRIGHT
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the
copyrighted work of third parties.
3. SERVICE MARKS
“amedia.net” and others are our service marks or registered service marks or trademarks. Other product and
company names mentioned on the Site may be trademarks of their respective owners.
4. LIMITED LICENSE;; PERMITTED USES
You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in
accordance with this Agreement;; (b) to use the Site solely for internal, personal, non-commercial purposes;; and (c) to
print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that
you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the
Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
5. RESTRICTIONS AND PROHIBITIONS ON USE
Your license for access and use of the Site and any information, materials or documents (collectively defined as
“Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a)
copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site
or any Content and Materials retrieved therefrom;; (b) use the Site or any materials obtained from the Site to develop,
of as a component of, any information, storage and retrieval system, database, information base, or similar resource
(in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;; (c) create
compilations or derivative works of any Content and Materials from the Site;; (d) use any Content and Materials from
the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of
us or any third parties;; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use
contained in the Site;; (f) make any portion of the Site available through any timesharing system, service bureau, the
Internet or any other technology now existing or developed in the future;; (g) remove, decompile, disassemble or
reverse engineer any Site software or use any network monitoring or discovery software to determine the Site
architecture;; (h) use any automatic or manual process to harvest information from the Site;; (i) use the Site for the
purpose of gathering information for or transmitting (1) unsolicited commercial email;; (2) email that makes use of
headers, invalid or nonexistent domain names, or other means of deceptive addressing;; and (3) unsolicited telephone
calls or facsimile transmissions;; (j) use the Site in a manner that violates any state or federal law regulating email,
facsimile transmissions or telephone solicitations;; and (k) export or re-export the Site or any portion thereof, or any
software available on or through the Site, in violation of the export control laws or regulations of the United States.
6. LINKING TO THE SITE
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise,
advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or
pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.
7. ADVERTISERS
The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that
material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for
the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
8. REGISTRATION
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to
provide us with accurate, complete registration information. Your registration must be done using your real name and
accurate information. Each registration is for your personal use only and not on behalf of any other person or entity.
We do not permit (a) any other person using the registered sections under your name;; or (b) access through a single
name being made available to multiple users on a network. You are responsible for preventing such unauthorized
use.
9. ERRORS, CORRECTIONS AND CHANGES
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that
defects will be corrected. We do not represent or warrant that the information available on or through the Site will be
correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the
Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other
content appearing on the Site.
10. THIRD PARTY CONTENT
Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for
and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity,
pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You
understand that the information and opinions in the third party content represent solely the thoughts of the author and
is neither endorsed by nor does it necessarily reflect our belief.
11. UNLAWFUL ACTIVITY
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we
deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials,
regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
12. INDEMNIFICATION
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors,
successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service
providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense,
including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
13. NONTRANSFERABLE
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or
documents is not transferable or assignable.
14. DISCLAIMER
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,”
“AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION
17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN
BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE
ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
15. LIMITATION OF LIABILITY
We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in
any way from:
a. any errors in or omissions from the Site or any services or products obtainable therefrom,
b. the unavailability or interruption of the Site or any features thereof,
c. your use of the Site,
d. the content contained on the Site, or
e. any delay or failure in performance beyond the control of a Covered Party.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM
ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND
SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN
LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
16. USE OF INFORMATION
Similar to other commercial Web sites, our Web site utilizes a standard technology called “cookies” (see explanation
below, “What Are Cookies?”) and Web server logs to collect information about how our Web site is used. Information
gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent
at our Web site, and the Web sites visited just before and just after our Web site. We, our advertisers and ad serving
companies may also use small technology or pieces of code to determine which advertisements and promotions
users have seen and how users responded to them.
17. PRIVACY POLICY
Our Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy
Policy by clicking on this link.
18. COPYRIGHTS AND COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;;
c. A description of where the material that you claim is infringing is located on the Site;;
d. Your address, telephone number, and email address;;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law;; and
f. 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. Our Copyright Agent for Notice of claims
of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent
at office@andersonmedia.com
19. INFORMATION AND PRESS RELEASES
The Site contains information and press releases about us. We disclaim any duty or obligation to update this
information or any press releases. Information about companies other than ours contained in the press release or
otherwise, should not be relied upon as being provided or endorsed by us.
20. LEGAL COMPLIANCE
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations
regarding your use of the Site and the Content and Materials provided therein.
21. MISCELLANEOUS
This Agreement shall be treated as though it were executed and performed in Los Angeles, California, and shall be
governed by and construed in accordance with the laws of the State of California (without regard to conflict of law
principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or
services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived
and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this
Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all
incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third
party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain
in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall
survive any termination of this Agreement.
22. ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action
taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual
property, and our services, shall be settled solely by binding arbitration in accordance with the commercial arbitration
rules of JAMS. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated
in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles,
California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you
or us may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California
necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear
one-half of the arbitration fees and costs incurred through JAMS.