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NEWS: ASI Social
Network -
The meeting place for promo product
professionals™ |
Terms and Conditions
Please read this document carefully
before accessing or using the site. By
accessing or using the site, you agree
to be bound by the terms and conditions
set forth below. If you do not wish to
be bound by these terms and conditions,
do not access or use the site. ASI may
modify this agreement at any time, and
such modifications shall be effective
immediately upon posting of the modified
agreement on the site. You agree to review
the agreement periodically to be aware
of such modifications and your continued
access or use of the site shall be deemed
your acceptance of the modified agreement.
APPLICABLE LAWS
The Advertising Specialty Institute(r),
(ASI(r)) operates this site. By using
this site, both you and ASI agree that
the statues and laws of the Commonwealth
of Pennsylvania, without giving effect
to any choice or conflicts of law, will
apply to all matters relating to use
of this site. For all actions at law,
suits in equity or other judicial proceedings
concerning any aspect of this site, you
and ASI agree and consent to submit to
the exclusive personal jurisdiction and
venue of the Court of Common Pleas of
Bucks County, Pennsylvania and/or the
United States District Court of the Eastern
District of Pennsylvania.
USE OF COMPANY DIRECTORIES
The information contained in any directories
that may be provided on this site is provided
for business lookup purposes, and is not
to be used for marketing or telemarketing
applications, or for purposes of creating
any database(s). This information may not
be copied, placed in any database or re-distributed
and is provided "AS IS" without
warranty of any kind. ASI or any of its
affiliates will not be liable in any way
with regard to such information. You may
not data scrape this site or any site linked
to this site.
Each unauthorized use of contact
information on this site shall result in
a charge of at least $1,500.00. Non-members
will be assessed a higher fee. If
ASI is required to take legal action to
recover the fees for unauthorized use,
the customer agrees to reimburse ASI for
these costs. In
addition to the unauthorized use fee, ASI may also seek other damages and penalties
available in law and/or equity.
INTERACTIVE FEATURES
This site may include a variety of features,
such as bulletin boards, chat rooms, interaction
between users, and other features, such
as personalized home pages and email services
which allow users to communicate with others.
ASI or its affiliates do not control the
messages, information or files that you
or others may provide through the site
and is not responsible for any messages,
information or file. It is a condition
of your use of the site that you do not:
- Take any action that restricts or inhibits
any other user from using and enjoying
the site.
- Post or transmit any unlawful, threatening,
abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane, indecent
or otherwise objectionable information
of any kind, including without limitation,
any transmissions constituting or encouraging
conduct that would constitute a criminal
offense, give rise to civil liability
or otherwise violate any local, state,
national or international law.
- Post or transmit any information, software
or other material which violates or infringes
upon the rights of others, including
material which is an invasion of privacy
or publicity rights or which is protected
by copyright, trademark or other proprietary
right, or derivative works with respect
thereto, without first obtaining permission
from the owner or right holder.
- Post or transmit or in any way exploit
any information, software or other material
for commercial purposes, or which contains
advertising.
- Impersonate any person or entity, or
misrepresent your affiliation with any
person or entity.
- Post or transmit any material that
contains a virus or corrupted data.
- Delete or revise any material posted
by any other person or entity.
- Manipulate or otherwise display the
site by framing or similar navigational
technology.
- Upload, post, e-mail or transmit information
that promotes pyramid schemes, chain
letters or disruptive commercial messages,
or anything that is prohibited by law.
You and your company agree to indemnify,
defend and hold harmless ASI and its affiliates
and respective officers, directors, employees,
agent licensors, agents and any third party
information providers to the site from
and against all losses, expenses, damages
and costs, including reasonable attorney
fees resulting from you or your company's
improper use of access to this site.
ASI has no obligation to monitor any bulletin
boards, chat rooms, or other areas of the
site through which you and other users
can provide information or material. However,
ASI, in its sole discretion may at any
time, disclose any information as necessary
to satisfy any law, regulation or governmental
request, to reduce its potential legal
exposure, or to refuse to post or to remove
any information or materials, in whole
or in part, that in the sole discretion
of ASI are objectionable.
PASSWORDS & SECURITY
To use certain features of the site, you
will need a username and password. You
are responsible for maintaining the confidentiality
of the password and account and are responsible
for all activities that occur under your
password or account. You will not provide
your username and/or password to any other
person. If you or someone within your company
does so, you and your company agree to
bear all risks and costs for doing so.
You agree that you will notify ASI immediately
if there is an unauthorized use of your
password or account or any other breach
of security, and will ensure that you exit
from your account at the end of each session.
ASI is not liable for any loss or damage
arising from you or your company's failure
to protect your password or account information.
You and your company agree not to share
any content with a non-subscriber.
You and your company agree not to bypass
or circumvent the security measures on
this site.
DISCLAIMER OF WARRANTIES
ASI shall not be responsible for any claim
or damages arising from or connected with
an inaccurate or incomplete information
to which you have access. ASI and its affiliates
shall not be responsible for any application
of any information, pricing or results,
intended or unintended, obtained through
the use of this site. ASI and its affiliates
shall not be responsible for the corruption
of any of your data, software or equipment
when using the site. THE USE OF THIS SITE
AND THE PRODUCTS, SERVICES AND INFORMATION
ON THIS SITE ARE PROVIDED "AS IS" AND "WITH
ALL FAULTS," AND ASI MAKES NO, AND
DISCLAIMS ALL, REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, WIRTTEN OR ORAL, ARISING
FROM COURSE OF DEALING, COURSE OF PERFORMANCE,
USAGE OR TRADE, OR OTHERWISE, INCLUDING
WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF TITLE, NON-INTERFERENCE, NON-INFRINGEMENT,
ACCURACY FOR INFORMATION, MERCHANTABILITY,
QUALITY, SYSTEMS INTEGRATION AND FITNESS
FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY
AND EXPLICITLY SET FORTH IN THIS AGREEMENT,
ANY AND ALL PRODUCTS, SERVICES AND INFORMATION
PROVIDED BY ASI AND ITS AFFILIATES UNDER,
IN CONNECTION WITH OR RELATED TO ASICENTRAL
OR ANY ASI INTERNET SITE ARE PROVIDED WITH
ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY
QUALITY, PERFORMANCE, ACCURACY AND EFFORT
IS WITH YOU.
USE OF THE SITE
YOU AND YOUR COMPANY UNDERSTAND THAT ASI AND ITS AFFILIATES CANNOT
AND DOES NOT GUARANTEE OR WARRANT THAT FILES OR OTHER MATERIAL AVAILABLE FOR
DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS,
TROJAN HORSES OR OTHER CODES THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.
YOU AND YOUR COMPANY ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES
AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA
INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE
RECONSTRUCTION OF ANY LOST DATA.
You may not use this site in any manner
that gives you or any other person access
to mass downloads or bulk feeds of information.
You may not copy, decompile, disassemble,
reverse engineer, translate, modify or
make derivative works of the material on
this site, in whole or in part. You
may not disclose, rent sell, publish, assign,
lease sublicense, transfer or market the
information on this site in any manner.
When using the site you may not engage
in: scraping, data mining, harvesting,
screen scraping, data aggregating, and
indexing. You agree that you will
not use any robot, spider, scraper or other
automated means to access this site for
any purpose without the express written
permission of a company ASI vice-president.
You will not interfere or attempt to interfere
with the proper working of the site or
any activities conducted on the site. You
will not take any action that, in our sole
discretion, imposes or may impose an unreasonable
or disproportionately large load on our
infrastructure.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ASI OR ITS AFFILIATES
BE LIABLE TO YOU OR ANY THIRD PARTY WITH
RESPECT TO ITS INTERNET SITES OR OTHERWISE
FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL,
INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES,
OR ANY LOSS OF PROFIT, REVENUE, DATA OR
GOODWILL, WHETHER INCURRED OR SUFFERED
AS A RESULT OF THE USE OR UNAVAILABILITY
OF THE INTERENET SITES OR OTHERWISE, EVEN
IF IT HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF ASI OR ANY OF ITS
AFFILIATES HEREUNDER FOR ANY CAUSE EXCEED
$100.00. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE
INCUDING, WITHOUT LIMITATION, BREACH OF
CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION
AND/OR OTHER TORTS. IF THERE ARE MULTIPLE
CLAIMS RESULTING FROM THE ACTIVITIES OCCURING
ON A PARTICULAR DAY OR RESULTING FROM THE
SAME SERIES OF EVENTS, THE AGGREGATE LIABILITY
SHALL NOT EXCEED $1,000.00.
COPYRIGHT & TRADEMARKS
The material on this site is copyright
and/or trademark protected. You may not
reproduce copy or redistribute the design
or layout of this site or individual design
elements on the site. Your company may
not engage in data mining or similar types
of activities. This site also contains
trademarks of other companies. Those trademarks
are the property of their respective owners.
You may not use ASI logos or other logos
appearing on this site without the express
written permission of ASI or the owner
of the other logos. Reproduction, copying
or redistribution for commercial purposes
of any materials or design elements from
this site is strictly prohibited without
the express written permission of an ASI
officer. You may not use any material on
this site to operate a service bureau.
If you use any logo appearing on this site,
you are responsible for its use. If any
portion of this site allows you to post
information or comments and you do so,
you are responsible for the content. You
agree to indemnify, defend and hold harmless
ASI, its affiliates, successors and assigns
and the directors, officers, employees
and agents of each of them with respect
to any claim, demand, loss, cause of action,
debt or liability, including reasonable
attorney fees resulting from your use of
any logo and/or for the postings of information
or comments.
If you are repeatedly violate copyright
laws, your access to the site will be denied.
If you believe that information on this
site infringes any intellectual property
rights of another person, for example,
copyright, please contact cmachion@asicentral.com.
LINKS
The site may provide, or third parties
may provide, links to sites not operated
by ASI or its affiliates. Consequently,
ASI or its affiliates have no control over
such sites. You acknowledge and agree that
ASI and its affiliates are not responsible
for such sites, do not endorse, and are
not responsible for any material on those
sites. You further acknowledge and agree
that ASI and its affiliates are not responsible
or liable, directly or indirectly, for
any damage or loss caused or alleged to
be caused by or in connection with the
use of such sites
CAUSE OF ACTION
Any cause of action or claim you may have
with respect to this site must be commenced
within one (1) year after the claim or
cause of action arises or such claim or
cause of action is barred. ASI's failure
to insist upon or enforce strict performance
of any provision of this Agreement shall
not be construed as a waiver of any provision
or right. Neither the course of conduct
between the parties, or trade practice
shall act to modify any provision of this
Agreement. ASI may assign its rights and
duties under this Agreement to any party
at any time without notice to you.
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