Welcome to www.http://mediaintel.com.com, a service operated by http://mediaintel.com. This agreement (the "Agreement") between http://mediaintel.com and you governs your use of http://mediaintel.com web site (the "web site"). Your use of the web site constitutes your acceptance without modification of all of the terms, conditions, and notices contained herein.
PARTIES TO THIS AGREEMENT:
http://mediaintel.com, Inc, an Indiana corporation, (herein http://mediaintel.com) is the owner and rights holder of certain copyrighted materials and methods (herein “licensed materials”) including its website and all materials, images and information located at that website, unique software applications, database applications, marketing and advertising analytical works, customized computer programs, computer storage and retrieval practices and techniques, methodologies and business trade secrets, which shall be provided to its clients via private means on the world wide web and via specially provided entry codes, passwords and instruction.
You, the customer (referred to herein as either “Client” or “Customer”desire to use the licensed materials for your own private use.
1. http://mediaintel.com grants a limited license to Customer to use the licensed materials pursuant to the terms of this agreement. The licensed use shall include any use by any employee or authorized agent of Customer within the scope of its business or authorized authority.
2. Customer acknowledges that http://mediaintel.com is the sole holder of the copyright of the licensed materials. Customer shall not resell, sublicense or otherwise make available to any third party the licensed materials.
3. Customer’s license is limited to its sole use and the licensed materials cannot be duplicated, republished or retransmitted in any manner without the prior written consent of http://mediaintel.com. The intended use of the licensed materials is generally described as publication summary, advertiser’s totals, category totals, ads by various publications, AdImageViewer (tm), MarketView (tm), and InstaTearSheets (tm).
4. The initial term of this agreement shall extend for one year from the date of execution of this agreement and shall be automatically renewed and extended at the end of the initial term. http://mediaintel.com reserves the right in its sole discretion to change the charges for continued licensing use after the expiration of the initial term. The Customer shall have the right on thirty days prior written notice to terminate this agreement, provided that the copyright interests, rights and remedies of http://mediaintel.com shall continue in full legal force and effect after any termination of this agreement.
In consideration of your agreement to these Terms of Use and for other valuable consideration, http://mediaintel.com grants to you a nonexclusive, nontransferable, limited, terminable license to access and use the web site. http://mediaintel.com reserves all rights not expressly granted in this Agreement. http://mediaintel.com may make modifications, improvements, deletions, or amendments to the web site at any time we (http://mediaintel.com) deems appropriate. Any and all relevant portions of this Agreement will apply automatically to all modifications, improvements, deletions, and/or amendments as they appear. In addition, http://mediaintel.com reserves the right at any time to modify the terms and conditions of this Agreement, or any part thereof, or to impose new conditions on the Agreement. Except as otherwise stated herein, any modification to this Agreement shall be effective ten (10) days after it initially is posted on the web site. Your use of the web site after any such change will be conclusively deemed acceptance of such change. If any change is unacceptable to you, your sole relief is to cancel your Membership. The Agreement may not otherwise be amended except in writing signed by you and by an authorized representative of http://mediaintel.com. This Agreement was last revised on February 14, 2004.
1. Nature of the web site
The web site is an online, interactive information portal where members may find information about educational methods, research, educational seminars, and other topics. Although we hope you will find the information available on the web site to be comprehensive, timely, and useful, http://mediaintel.com does not guarantee that the information is accurate or complete on every topic, that it will include all of the most recent information available on a particular topic, or that it will satisfactorily address your particular informational needs or interests.
2. Membership
Access to the certain web site features is available only to registered members ("Members"). http://mediaintel.com reserves the right to approve any Member before the Member may use the Member Features. The nature of the Member Features requires information ("Member Information") to be collected by http://mediaintel.com to equip the Member with the efficiencies and advantages of these Member Features. If you choose to access Member Features you agree: (a) to provide accurate, current, and complete information about yourself ("Member Information"); and (b) to maintain and update this Member Information to keep it accurate, current, and complete. If any Member Information provided by you is untrue, inaccurate, not current, or incomplete, http://mediaintel.com has the right to refuse to provide you with use of the Member Features and/or any service offered specifically to Members, without benefit of refund.
4. Trademark and Copyright Policy
http://mediaintel.com is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the web site, and is the copyright owner or licensee of the content and/or information on the web site, including but not limited to any screens appearing on the web site. By placing them on the web site, http://mediaintel.com does not grant to any Member any license or other authorization to copy or use its trademarks, registered trademarks, service marks, copyrightable material, or other intellectual property, except as provided herein. Various products and services described on the web site may carry registered or other trademarked symbols that are the sole property of their respective owners.
You may view, print, and download portions of the content and/or information of the web site solely in connection with your registered use of the web site, and solely for your own fair use or records. http://mediaintel.com reserves the right to revoke this authorization at any time. In printing or downloading content and/or information from the web site, you agree not to change or delete any proprietary notices, trademarks, and the like from any printed or downloaded content and/or information. Except as otherwise provided in this Agreement or as consented to in writing by http://mediaintel.com, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any content and/or information appearing on the web site. Furthermore, you may not attempt to view, disclose, copy, reverse engineer, disassemble, decompile or otherwise examine the web site source code. If you make use of the web site other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties and/or legal or equitable remedies available to http://mediaintel.com.
You shall not provide copyrighted or other proprietary information to http://mediaintel.com without permission from the owner of such material or such rights and shall be solely responsible for any damages resulting from such disclosures. You shall be solely responsible for obtaining such permission. If you feel your copyrighted material appears on the web site without proper authorization, please contact us webmaster@http://mediaintel.com.com so that we may properly remedy the situation.
5. Third Party Information; Links to Other Sites
The web site may contain windows or hyperlinks which provide access to other web sites not affiliated with the web site or with http://mediaintel.com (the "External web sites"), or to informational content provided by the External web sites. Your use of such External web sites or informational content, while subject to the terms of this Agreement, is also subject to and governed by the terms and guidelines, if any, contained within such External web site. http://mediaintel.com is not liable for and does not endorse nor make any representations or warranties concerning any informational content, products, services, software, or other materials available on such External web sites, even if a page or pages of the External web site is framed with a page of this web site. http://mediaintel.com is not responsible for the privacy practices or the content of External web sites. For your protection, please refer to the terms of service and privacy policies of the respective External web sites. You acknowledge, understand, and agree that http://mediaintel.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such informational content, products, services, software, or other materials available on or provided by any External web site. Vendors of certain products and services may contract with us to advertise their products and services on this web site. We do not endorse nor make any representations or warranties concerning any vendor products or services advertised on this web site. Your decision to make purchases from any such vendor is completely voluntary and within your sole discretion. You are solely responsible for payment of all costs or fees associated with the purchase of products and services from vendors which advertise on this web site, including payment of all shipping charges, applicable sales tax, or other taxes, assessments, or fees imposed by applicable law.
6. Failure to Comply With Terms and Conditions; Termination
You acknowledge and agree that http://mediaintel.com may terminate this Agreement or suspend or deny you access to all or part of the web site without prior notice, if you engage in any conduct or activities that http://mediaintel.com in its sole discretion believes violate any of the terms and conditions set forth herein or in any specific licensing agreement between http://mediaintel.com and you, violate the rights of http://mediaintel.com, or are otherwise inappropriate. http://mediaintel.com shall have no responsibility to notify any third parties of your denial of access to the web site, and neither shall http://mediaintel.com have any responsibility for any consequences resulting from such lack of notification.
7. Warranty Disclaimers
You understand and expressly agree that use of the web site is at your sole risk. http://mediaintel.com does not guarantee, represent, or warrant that your use of the web site will be uninterrupted, error free, or virus free, or that the web site will meet your requirements. In addition, no warranty is made as to the results that may be obtained from use of the web site, or as to the accuracy, reliability, or content of any product, service, or information provided through or in connection with the web site. Although http://mediaintel.com uses reasonable security and encryption provisions, we do not guarantee and we make no representations or warranties concerning our ability to prevent unauthorized access of or tampering with the web site or information accessible through the web site. You acknowledge that information transmitted through the Internet or accessible through the Internet is never completely secure. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE WEB SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, http://mediaintel.com DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND, (2) ANY WARRANTIES OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF http://mediaintel.com'S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
NEITHER http://mediaintel.com NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, "http://mediaintel.com ASSOCIATES") SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS' FEES, ARISING OUT OF YOUR USE OF THE WEB SITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEB SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF http://mediaintel.com OR http://mediaintel.com ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL http://mediaintel.com'S LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE LESSER OF: (A) FIVE HUNDRED DOLLARS ($500.00); OR (B) THE AMOUNTS PAID BY YOU TO http://mediaintel.com IN THE THREE (3) MONTHS PRIOR TO THE DATE OF ACCRUAL OF ANY SUCH CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER http://mediaintel.com NOR ANY http://mediaintel.com ASSOCIATE IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER AUTHORIZED MEMBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CANCELLATION OF YOUR AUTHORIZED MEMBERSHIP AND/OR CESSATION OF YOUR USE OF THE WEB SITE IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH http://mediaintel.com.
You agree to defend, indemnify, and hold harmless http://mediaintel.com, its agents and employees, and http://mediaintel.com Associates, from and against any claims, damages, costs, and expenses, including all costs of legal proceedings and attorneys' fees, arising in connection with use of the web site by you or by anyone using your Member username and password, or in connection with a violation or breach of this Agreement by you or by anyone using your Member username and password, including without limitation, (i) claims based on defamation or other conduct by you in using the web site, or (ii) your violation of any intellectual property laws including without limitation those relating to copyright, trademarks or trade secrets.
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 web site must be filed within one (1) year after such claim or cause of action accrues or be forever barred.
8. General
The web site is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity.
You shall not access or attempt to access password protected, secure, or non-public areas of the web site, except with the authorization of http://mediaintel.com. http://mediaintel.com has no obligation to monitor the web site; however, you acknowledge and agree that http://mediaintel.com has the right to monitor the web site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the web site properly, or to protect itself or its Members or http://mediaintel.com Associates.
Nothing in this Agreement shall be construed to establish a joint venture, agency, employment, or other business relationship between you and http://mediaintel.com. You acknowledge that no verbal representations or guarantees have been made to you, except as set out in this Agreement. This Agreement and the relationship between you and http://mediaintel.com shall be governed by the laws of the State of Indiana without regard to any conflict of law or choice of law provisions of any State. You and http://mediaintel.com agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Monroe County, Indiana, in the event of any dispute arising under this Agreement, and waive any future right to object to such jurisdiction and venue.
The failure of http://mediaintel.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement 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 Agreement shall remain in full force and effect. The headings used in this Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of this Agreement. Any ambiguities in this Agreement shall not be strictly construed against the drafter of the language concerned, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. This Agreement shall not be construed against any party by reason of its preparation. The provisions of Section 7 of this Agreement are for the benefit of http://mediaintel.com Associates, and each shall have the right to assert and enforce the provisions directly on their own behalf. The provisions of this Agreement which by their nature extend beyond the termination of this Agreement shall survive termination of this Agreement, including but not limited to those set forth in Sections 4, 6, 7, and 8.
You shall have no right to assign all or any part of this Agreement, and any attempt to do so shall be void. http://mediaintel.com shall have the right to assign this Agreement and to sublicense any and all of its rights under this Agreement. This Agreement, including any documents referenced herein and any additional operating rules as posted on the web site represents the entire understanding between you and http://mediaintel.com regarding your relationship with http://mediaintel.com and your use of the web site. This Agreement supersedes all previous written or oral agreements between you and http://mediaintel.com with respect to such subject matter. Notwithstanding any provisions of this Agreement, http://mediaintel.com has available all remedies at law or equity to enforce this Agreement.
9. Notices; Canceling Your Membership
Where required, http://mediaintel.com may give notice to you by a general posting on the web site, by electronic mail, or by conventional mail to your address contained in the Member Information. You may give notice to http://mediaintel.com by electronic mail or by conventional mail to the address below. If you have any questions about this Agreement, the practices of the web site, or your dealings with http://mediaintel.com, please e-mail or write to:
http://mediaintel.com
P.O. Box 784
Bloomington, Indiana 47402
Attn: Terms Of Use
Email: webmaster@mediaintel.com
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