Terms and Conditions
Purchaser's right to use AdNation News Express™ website and the contents of its database is personal to the Purchaser and may be used only by the Purchaser for the discrete endeavor of marketing and selling advertising space and/or time, or promotional services. The Purchaser's right may not be transferred to or used by any other person or entity, even if that person or entity is employed by or associated with the purchaser’s employer, or the same owner or employer as the Purchaser, but in a capacity involving a discrete project, such as a different publication, use of a different trade name or use of a different airwave frequency. This includes Purchaser’s independent sales representatives. The Purchaser is responsible for all use, authorized or not, of the Purchaser's Account (under any screen name or password), any AdNation News Express’ content and the data contained therein and for ensuring that all use of the Purchaser's Account complies fully with the terms and conditions of this agreement. The Purchaser is responsible for protecting the confidentiality of the Purchaser's screen name and password. In the event of any use of Purchaser's Account that does not comply with the limitations expressed in this paragraph, AdNation News Express may, in addition to any other remedy available to it, charge Purchaser for each such use as a separate subscription according to AdNation News Express' rate schedule for news or data.
Equipment and Programs
In respect of its on-line services, AdNation News Express is obligated to provide only on-line access to its AdNation News Express’ web site, and the Purchaser understands that the Purchaser is responsible to obtain, maintain and pay for all equipment, facilities and programs which may be required for the Purchaser to access and use the AdNation News Express’ web site.
Manner of Use
The Purchaser shall use the AdNation News Express’ web site, AdNation News Express’ contents, in any format, and the data obtained from such use for lawful purposes only. The Purchaser shall access and use the AdNation News Express’ web site and AdNation News Express’ contents, in any format, only in accordance with the AdNation News Express’ rate schedule posted on its web site as the same may be from time to time modified or amended (provided that AdNation News Express may not make any modification or amendment purporting to affect any right of access or use for which the Purchaser has paid or committed to pay and such payment is timely made).
The Purchaser understands that the entirety of the AdNation News Express’ web site and its contents, in any format, consists of trade secrets and information confidential to AdNation News Express which AdNation News Express has assembled at substantial expense and effort, copyrighted material (including the selection, coordination, arrangement and enhancement of such content, as well as the content original to it), trademarks and trade names and other proprietary information owned by AdNation News Express, and the Purchaser represents to AdNation News Express that the Purchaser (a) will not contest the trade secret and confidential status of the contents of this database or AdNation News Express' interests in such copyrights, trademarks and trade names, (b) will not, without the prior written consent of AdNation News Express, copy, distribute, modify, publish, transmit, participate in the transfer or sale, create derivative works based upon, or in any way exploit, any of the content of the AdNation News Express’ web site or its contents, in any format, except as is herein provided and (c) will download this material only for the Purchaser's personal use in establishing the Purchaser's personal sales strategies, targets and goals. The Purchaser hereby acknowledges that the Purchaser does not acquire any ownership rights in this material by downloading this material or making any permitted use of it.
Disclaimer of Warranty and Limitation of Liability
The Purchaser understands that on-line publishing depends upon relatively new and still evolving technologies and is subject to events and occurrences beyond the control of the publisher and that AdNation News Express must rely on the good faith of others over whom it has no control in acquiring and assembling the contents of the AdNation News Express’ web site. Accordingly, as a condition to the Purchaser's use of the AdNation News Express web site, the Purchaser hereby assumes all risk of injury to Purchaser which may arise out of use of the AdNation News Express’ web site, and the Purchaser represents to AdNation News Express that the Purchaser will not in any action whatsoever assert any claim against AdNation News Express or any person or entity affiliated with AdNation News Express for damages or other legal or equitable relief arising out of any failure of performance, including, without limitation of the generality of the foregoing, error, inaccuracy, lack of authenticity, lack of timeliness, omission, interruption, deletion, defect, failure or delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to or alteration of data of AdNation News Express’ web and/or its database. The Purchaser understands that no representation or warranty whatsoever, express or implied, is made to the Purchaser by AdNation News Express, and all warranties which by law may be disclaimed are hereby disclaimed, including, without limiting the generality of the foregoing, representations or warranties of title, merchantability, suitability for any purpose or results to be obtained from the of data.
AdNation News Express shall have the right, but not the obligation, to monitor the Purchaser's use of AdNation News Express, its contents, in any format, and its database to determine compliance with this agreement and any applicable law or regulation imposed by any governmental agency having jurisdiction.
The Purchaser agrees to defend and indemnify AdNation News Express and its Affiliates and hold them harmless from and against all claims and expenses, including attorneys' fees, arising out of the use of AdNation News Express web, its contents, in any format, and its database by the Purchaser or any use of the Purchaser's Account not condoned in writing by AdNation News Express, whether specifically authorized by the Purchaser or not.
AdNation News Express may terminate this agreement at any time in the event of any conduct involving the Purchaser's Account which AdNation News Express, in its sole discretion, considers to be in breach by Purchaser of this agreement, at which time AdNation News Express shall refund to the Purchaser any unused portion of the Purchaser's subscription fee. AdNation News Express reserves the right to refuse to sell or distribute AdNation News Express to anyone for any reason.
All rights thereto are reserved. All other trademarks and trade names appearing in the AdNation News Express database or published products are the property of their respective owners.
The Purchaser hereby authorizes AdNation News Express to employ and send to and install in the Purchaser's computer such "cookie" technology as AdNation News Express deems to be necessary or appropriate to facilitate the Purchaser's use of the AdNation News Express’ web site and monitor the Purchaser’s use of the web site.