Materials and License; Third-Party Content
The materials (including all content, information, Adcetera.com’s domain name, the Adcetera.com logo, any marks appearing on the Site, and configurations, displays and screens appearing on or displayed in connection with the Site) (the “Materials”) are provided by Adcetera.com as a service to its customers and may be used for informational purposes only. The Materials on this Site are copyrighted and/or are protected by trademark and other laws. Any unauthorized use of any Materials at this Site may violate copyright, trademark and other laws. Adcetera.com may make changes to these Materials, or to the products described therein, at any time without notice. Adcetera.com makes no commitment to update the Materials. The Materials are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials by the Government constitutes acknowledgment of Adcetera.com’s proprietary rights in them.
To the maximum extent legally possible, you agree that you will not directly or indirectly copy, publish, reproduce, distribute, display or transfer any or all of the Materials, whether electronically, mechanically, or otherwise, in any form (including the copying of presentation style, content, or content organization) without prior written permission from Adcetera.com; provided, however, that you may download one copy of the Materials found on the Site on a single computer for your internal use only unless specifically licensed to do otherwise by Adcetera.com. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) remove any copyright or other proprietary notices from the Materials; (c) transfer the Materials to another person; (d) except as specifically provided above, copy, reproduce, modify, publish, upload, post, transmit or distribute any of the Materials in any way, without Adcetera.com’s prior written permission. You agree that you will not frame or link to the Site without our express prior approval. Except as expressly provided herein, Adcetera.com and its suppliers do not grant any express or implied right to you under any intellectual property or information rights. Adcetera.com may terminate this license at any time. Upon termination, you must immediately destroy the Materials. You acknowledge that a portion of the Materials constitutes content and substantive information, including news articles, industry, or other information, data, text, graphics, messages, communications, photographs, images, illustrations, audio clips, and/or video clips (collectively, the “Content”). You understand that to the extent that Adcetera.com did not originate or create such Content, the Content provided is not the responsibility of Adcetera.com, but rather of the person from which such Content originated or which created the Content. ALL CONTENT, WHETHER ORIGINATING WITH OR CREATED BY ADCETERA.COM OR OTHERWISE, IS PROVIDED “AS IS” AND WITH ALL FAULTS AND ADCETERA.COM SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREOF. Without limiting the foregoing, Adcetera.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through the Services by any user, information provider, or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, or information shall be at your sole risk. Under no circumstances will Adcetera.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. Certain Content is furnished by various news organizations or news publishers; neither Adcetera.com nor any such organizations or publishers will be liable for any delays, inaccuracies, errors, or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising there from. Moreover, Adcetera.com or another third party may edit, alter, or summarize certain Content provided by others; Adcetera.com is not liable for the completeness of any Content provided to you, regardless of whether Adcetera.com has edited, altered, or summarized such Content.
You acknowledge that Adcetera.com and/or third-party content providers remain the owners of the Materials on this Site, and that you do not acquire any of those ownership rights by printing or downloading any of the information or making use of the Site. In addition, other trademarks appearing through the use of the Site and information specifically related to certain companies may also be subject to the rights of other parties. Customer agrees to respect, and not in any way to violate, such third party rights. Adcetera.com’s trademarks may be used publicly only with permission from Adcetera.com. Fair use of Adcetera.com’s trademarks in advertising and promotion of Adcetera.com products requires proper acknowledgement.
Adcetera.com may terminate these Terms as to your use at any time with or without cause, and may refuse to provide you or any other customer with access to the Site at any time, at its sole discretion. Any such termination shall end the license described above. However, in the case of any termination, you agree to continue to abide by these Terms, which shall remain in full force and effect after such termination, except that your right to use the Site shall be terminated.
Exculpation; Limitation of Liability
YOU ACKNOWLEDGE THAT WE DO NOT REPRESENT THAT THE INFORMATION CONTAINED ON THE SITE (INCLUDING PRODUCT OR SERVICE DESCRIPTIONS) IS ACCURATE OR COMPLETE. ACCORDINGLY, YOU ACKNOWLEDGE FURTHER THAT YOU DO NOT OR WILL NOT RELY ON ANY INFORMATION CONTAINED ON THE SITE (INCLUDING PRODUCT OR SERVICE DESCRIPTIONS). ALL INFORMATION CONTAINED ON THE SITE IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE AND THE MATERIALS PROVIDED THEREON (REGARDLESS OF WHETHER SUCH MATERIALS ARE CREATED BY ADCETERA.COM OR A THIRD PARTY CONTENT PROVIDER) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND OR RESPONSIBILITY EITHER EXPRESSED OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OR RESPONSIBLITILTY AS TO, OF, OR FOR: (a) TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE; (b) INFORMATION, INFORMATIONAL CONTENT, OR COMPLETNESS OR INFORMATIONAL ACCURACY, WHETHER RELATING TO THE PRODUCTS ON THE SITE OR OTHERWISE; (c)THE QUALITY, SUITABILITY, ACCURACY, FUNCTIONALITY, OR OPERATION OF THE SITE; (d) UNINTERRUPTED ACCESS; OR (e) ANY PRODUCTS OR SERVICES DESCRIBED ON THE SITE OR ANY INFORMATION RELATING THERETO. NEITHER ADCETERA.COM NOR ANY OF ITS AGENTS, AFFILIATES, OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR OUT OF ANY BREACH OF ANY OBLIGATION OR RESPONSIBILITY THAT ANY OF THEM MAY HAVE, EVEN IF ADCETERA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Submission of Information; No Improper Use; Indemnity
Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). Adcetera.com will have no obligations with respect to the Communications. Adcetera.com and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You agree that you will not, directly or indirectly, through the use of a machine or otherwise, introduce any information on or through the Site or the servers supporting the Site that (a) is false, misleading, fraudulent, fictitious, counterfeit or stolen; (b) violates any law, statute, ordinance, or regulation, whether international, federal, state or local; or (c) is or contains any viruses, trojan horses, worms, time bombs, cancelbots, sniffers, backdoors, false postings or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept, disable, alter or expropriate any system, data, personal information, or facilities or functions of our Site (including, without limitation, e-mail and other communication services). In addition, you indemnify Adcetera.com and its officers, directors, owners, independent contractors, employees, agents, and affiliates for and from any loss, liability, judgment, settlement, fine, tax, encumbrance, penalty, claim, suit, cost or expense (including, without limitation, attorney’s fees and costs of court) incurred or sustained by reason of, in any way relating to, or arising out of your use of the Site and your violation of these Terms.
Links to Other Sites
Adcetera.com has provided links to certain non-Adcetera.com sites for your convenience. Some of these sites may have certain marks of or other references to Adcetera.com. However, please be aware that the information, products or services available on these sites is being provided by third parties over which Adcetera.com has no control. Adcetera.com provides no guaranty or warranty as to any of such information, products or services. If you decide to visit any such sites, you do so at your own risk and responsibility. Links or the appearance of any marks or references to Adcetera.com do not imply any sponsorship or endorsement of the third party or any information, products or services appearing on such site. Adcetera.com reserves the right to terminate any link or linking program at any time.
Site Location; Applicable Law; Jurisdiction
This Site is controlled by Adcetera.com from within the United States of America. Adcetera.com makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. ANY CLAIM RELATING TO THE MATERIALS OR THIS SITE SHALL BE (A) GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF TEXAS, AND NOT BY THE APPLICATION OF CHOICE OF LAWS THE LAWS OF ANY OTHER JURISDICTION AND (B) TO THE MAXIMUM EXTENT PROVIDED BY LAW, BE BROUGHT SOLELY IN THE STATE DISTRICT COURTS OF HARRIS COUNTY, TEXAS.
Adcetera.com may revise these Terms at any time by posting updates. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
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