AGREEMENT BETWEEN USER AND Regional TV
Marketing
The Regional TV Marketing Web Site is comprised of various Web
pages operated by Regional TV Marketing.
The Regional TV Marketing Web Site is offered to you conditioned
on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the Regional TV Marketing
Web Site constitutes your agreement to all such terms, conditions,
and notices.
MODIFICATION OF THESE TERMS OF
USE
Regional TV Marketing reserves the right to change the terms,
conditions, and notices under which the Regional TV Marketing Web
Site is offered, including but not limited to the charges
associated with the use of the Regional TV Marketing Web
Site.
LINKS TO THIRD PARTY SITES
The Regional TV Marketing Web Site may contain links to other Web
Sites ("Linked Sites"). The Linked Sites are not under the control
of Regional TV Marketing and Regional TV Marketing is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Regional TV Marketing is not responsible
for webcasting or any other form of transmission received from any
Linked Site. Regional TV Marketing is providing these links to you
only as a convenience, and the inclusion of any link does not imply
endorsement by Regional TV Marketing of the site or any association
with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Regional TV Marketing Web Site,
you warrant to Regional TV Marketing that you will not use the
Regional TV Marketing Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use
the Regional TV Marketing Web Site in any manner which could
damage, disable, overburden, or impair the Regional TV Marketing
Web Site or interfere with any other party's use and enjoyment of
the Regional TV Marketing Web Site. You may not obtain or attempt
to obtain any materials or information through any means not
intentionally made available or provided for through the Regional
TV Marketing Web Sites.
USE OF COMMUNICATION SERVICES
The Regional TV Marketing Web Site may contain bulletin board
services, chat areas, news groups, forums, communities, personal
web pages, calendars, and/or other message or communication
facilities designed to enable you to communicate with the public at
large or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you
will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of
others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information.
- Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have
received all necessary consents.
- Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of
another's computer.
- Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically
allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain
letters.
- Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
distributed in such manner.
- Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is
uploaded.
- Restrict or inhibit any other user from using and enjoying the
Communication Services.
- Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
- Harvest or otherwise collect information about others,
including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Regional TV Marketing has no obligation to monitor the
Communication Services. However, Regional TV Marketing reserves the
right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. Regional TV Marketing
reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason
whatsoever.
Regional TV Marketing reserves the right at all times to disclose
any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole
or in part, in Regional TV Marketing's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Regional TV Marketing does not control or endorse the
content, messages or information found in any Communication Service
and, therefore, Regional TV Marketing specifically disclaims any
liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service.
Managers and hosts are not authorized Regional TV Marketing
spokespersons, and their views do not necessarily reflect those of
Regional TV Marketing.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You
are responsible for adhering to such limitations if you download
the materials.
MATERIALS PROVIDED TO Regional TV Marketing
OR POSTED AT ANY Regional TV Marketing WEB SITE
Regional TV Marketing does not claim ownership of the materials
you provide to Regional TV Marketing (including feedback and
suggestions) or post, upload, input or submit to any Regional TV
Marketing Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Regional
TV Marketing, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation
of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly
perform, reproduce, edit, translate and reformat your Submission;
and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. Regional TV Marketing is under no
obligation to post or use any Submission you may provide and may
remove any Submission at any time in Regional TV Marketing's sole
discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE Regional TV Marketing WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Regional TV Marketing AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Regional TV
Marketing WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Regional TV
Marketing WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Regional TV Marketing AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE Regional TV Marketing WEB SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
KIND. Regional TV Marketing AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL Regional TV Marketing AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Regional TV
Marketing WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Regional
TV Marketing WEB SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE
Regional TV Marketing WEB SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE Regional TV Marketing WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Regional
TV Marketing OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE Regional TV Marketing
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Regional TV Marketing
WEB SITE.
SERVICE CONTACT : brian.hogan@regionaltvmarketing.com.au
TERMINATION/ACCESS RESTRICTION
Regional TV Marketing reserves the right, in its sole discretion,
to terminate your access to the Regional TV Marketing Web Site and
the related services or any portion thereof at any time, without
notice. GENERAL To the maximum extent permitted by law, this
agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in King County, Washington, U.S.A. in all disputes
arising out of or relating to the use of the Regional TV Marketing
Web Site. Use of the Regional TV Marketing Web Site is unauthorized
in any jurisdiction that does not give effect to all provisions of
these terms and conditions, including without limitation this
paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Regional
TV Marketing as a result of this agreement or use of the Regional
TV Marketing Web Site. Regional TV Marketing's performance of this
agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Regional TV
Marketing's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the
Regional TV Marketing Web Site or information provided to or
gathered by Regional TV Marketing with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder of
the agreement shall continue in effect. Unless otherwise specified
herein, this agreement constitutes the entire agreement between the
user and Regional TV Marketing with respect to the Regional TV
Marketing Web Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and Regional TV Marketing with respect to the
Regional TV Marketing Web Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to
this agreement to the same extent an d subject to the same
conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be drawn
up in English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the Regional TV Marketing Web Site are: and/or its
suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of
Copyright Infringement.