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Terms of Use

 

TERMS OF USE

The following Terms of Use outline your obligations when using the Agency News Network website . You can also review TSI's Privacy Policy, which outlines TSI's obligations and practices towards handling any personal information that you may provide to us.

1. ACCEPTANCE OF TERMS

The web pages available at agencynewsnetwork.com, and all linked pages ('Site'), are owned and operated by Toasted Snow, Inc. ('TSI'), a New York corporation, and is accessed by you under the Terms of Use described below ('Terms of Use').

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE. TSI'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THESE TERMS AND CONDITIONS, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY TSI, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

2. MODIFICATIONS OF TERMS OF USE

TSI reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, TSI will notify you by posting an announcement on the Site. What constitutes a 'material change' will be determined at TSI's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.

3. DESCRIPTION OF SERVICE

Subject to full compliance with the Terms of Use, TSI may offer to provide certain services and content, as described more fully on the Site, ('Services'). Services shall include, but not be limited to, any service and content TSI performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the 'Content'). TSI may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. TSI may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

4. YOUR REGISTRATION OBLIGATIONS

You shall provide TSI with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your TSI account. You may not (i) select or use as a TSI User ID a name of another person with the intent to impersonate that person; (ii) use as a TSI User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a TSI User ID a name that is otherwise offensive, vulgar or obscene. TSI reserves the right to refuse registration of, or cancel a TSI User ID in its sole discretion. You shall be responsible for maintaining the confidentiality of your TSI password.

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

5. USER CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by TSI. By way of example, and not as a limitation, you agree not to use the Services:

IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER.

TSI may remove any Content and TSI accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@agencynewsnetwork.com

You are solely responsible for your interactions with other users of the Site. TSI reserves the right, but has no obligation, to monitor disputes between you and other users.

6. COPYRIGHT COMPLAINTS

TSI respects the intellectual property of others. It is TSI's policy to respond expeditiously to claims of copyright and other intellectual property infringement. TSI will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ('DMCA') and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, TSI may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. TSI will terminate access for subscribers and account holders who are repeat infringers.

Notifying TSI of Copyright Infringement: To provide TSI notice of an infringement, you must provide a written communication to the attention of 'DMCA Infringement Notification Dept.' care of abuse@agencynewsnetwork.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that TSI may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.

Providing TSI with Counter-Notification: If TSI removes or disables access to content in response to an infringement notice, TSI will make reasonable attempts to contact the owner or administrator of the affected site or content. If you believe that your material does not constitute infringement, you may provide TSI with a counter-notification by written communication to the attention of 'DMCA Counter Notification Dept.' at abuse@agencynewsnetwork.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, TSI recommends seeking advice of an attorney.

7. TSI PRIVACY POLICY

TSI's current privacy policy is available at agencynewsnetwork.com/privacy_policy (the 'Privacy Policy'), which is incorporated by this reference.

8. INDEMNITY

You will indemnify and hold harmless TSI, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or TSI User ID, of any intellectual property or other right of any person or entity.

9. WARRANTY DISCLAIMERS

You acknowledge that TSI has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release TSI from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. TSI makes no representations concerning any content contained in or accessed through the Site or Services, and TSI will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN 'AS IS' BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. LINKS

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TSI has no control over such sites and resources, you acknowledge and agree that TSI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TSI 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.

11. LIMITATION OF LIABILITY

IN NO EVENT SHALL TSI OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

12. TERMINATION

TSI may terminate or suspend any and all Services and your TSI account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your TSI account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind TSI in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. TSI shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TSI's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including 'line-noise' interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with TSI's prior written consent. TSI may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, as if made within New York between two residents thereof, and the parties submit to the exclusive jurisdiction of the Supreme Court of Westchester County and the United States District Court for the Southern District of New York. Notwithstanding the foregoing sentence, (but without limiting TSI's right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in New York City, New York using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

14. TRADEMARKS

AGENCY NEWS NETWORK, the ANN logo, the TOASTED SNOW logo and other TSI graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of TSI in the U.S. and/or other countries. TSI's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

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