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Terms of use

Acronym Media, Inc. (“Acronym”) operates this Site to provide online access to information about Acronym and the products, services, and opportunities we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”

Acronym reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Acronym products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Acronym reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

While using the Site you agree not to:

• Identify yourself falsely, or use false pretenses to gain access to this Site or its Content. [COMMENT: Under 18 U.S.C. 2510(4) and the decision in Robert Konop v. Hawaiian Airlines, Inc., No. 99-55106, 236 F.3d 1035 (9th Cir., January 8, 2001), withdrawn, 262 F.3d 972 (9th Cir., August 28, 2001), the act of logging on to a Website under a false name may constitutes unlawful interception of electronic communication under federal Wiretap Act as amended by Electronic Communications Privacy Act.]

• Restrict, inhibit or otherwise interfere with the use by any other visitor or user of the Site (including without limitation any interference by means of “hacking” or defacing any portion of the Site);

• Use the Site for any unlawful purpose;

• Express or imply that any content or materials you make, submit or post are endorsed by us;

• Upload, submit or transmit (a) any content or materials that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about any business or person without the express authorization to do so; (c) any trade secret or proprietary information of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in a writing signed non-digitally by an officer);

• Engage in “spamming” or “flooding”;

• Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;

• Modify, adapt, sublicense, translate, sell, lease, reverse engineer, decompile or disassemble any portion of the Site (or offer to do any of the above);

• Remove any copyright, trademark, or other proprietary rights notices contained in the Site;

• “Frame” or “mirror” any part of the Site without our prior written authorization;

• Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content; or Harvest, collect or use information about visitors to or users of the Site without their express consent.

2. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Acronym or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Acronym or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization.

3. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

4. Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Acronym of the third party, the third-party web site, or the information contained therein. Acronym is not responsible for the availability of any such web sites. Acronym is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of Acronym affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

5. Linking to this Site

Unless specifically authorized by Acronym, you may not connect “deep links” to the Site, i.e. create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

6. Downloading Files

Acronym cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

7. Software

Any software available for download via the Site is the copyrighted work of Acronym and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

8. Disclaimer of Warranties

Acronym makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. Acronym expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. Acronym does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. Acronym does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis.

9. Limitation of Liability

In no event will acronym be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (i) the use of or inability to use the site, the service, or the content, (ii) any transaction conducted through or facilitated by the site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the site, the service, or the content, even if acronym has been advised of the possibility of such damages. If you are dissatisfied with the site, the service, the content, or with the terms of use, your sole and exclusive remedy is to discontinue using the site.

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, acronym’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00.

10. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Acronym, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

11. Privacy

Click here to see Acronym’s Privacy Policy.

12. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

13. Unsolicited Idea Submission Policy

Acronym or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Acronym’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to Acronym or anyone at Acronym. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (1) your idea will automatically become the property of Acronym, without any compensation to you; (2) Acronym will have no obligation to return your idea to you or respond to you in any way; (3) Acronym will have no obligation to keep your idea confidential; and (4) Acronym may use your idea for any purpose whatsoever, including giving your idea to others.

However, Acronym does welcome feedback regarding many areas of Acronym’s existing businesses that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Site. Any feedback you provide shall be deemed a Submission under the terms in the User Supplied Information section.

14. User Supplied Information

Acronym does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Acronym the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

15. General Provisions

a. Entire Agreement/No Waiver.

Except for any written agreement separately executed between us and relating to Service Content, this is the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral representations, communications or agreements between us. No waiver by Acronym of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies.

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Before making or being entitled to any claim for damages or equitable relief, you agree to provide Acronym with prior written notices of any claim that any Content is defamatory, untrue or otherwise exposes Acronym to any liability or obligation to you, so that Acronym may have a reasonable opportunity to respond and cure any such alleged claim, in a manner similar to the procedure for notification of alleged copyright claims. Acronym therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Acronym does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum.

If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Acronym’s Privacy Policy, your use of the Site, any other Acronym web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New York, without regard to any conflict of laws provisions. You agree to submit all such disputes to the exclusive jurisdiction of the courts in the City of New York, New York, USA and agree to receive legal process by certified or registered mail, certified receipt at the address set forth in your registration with the Site.

d. Notice and Procedure for Making Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us on this Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Such notices and counter-notices with respect to the Site should be sent to webmaster@acronym.com. We suggest that you consult your legal advisor before filing any notice or counter-notice. You should also be aware that there can be penalties for false claims under the DMCA.

e. Territorial Limitations.

We make no representation that the Site or its content is appropriate or available for use in locations other than the United States. Those who choose to access the Site from locations other than from within the United States do so on their own initiative and at their own risk, and are responsible for compliance with all applicable laws, rules and regulations. We reserve the right to limit the availability of the Site and/or the provision of any service, information or product thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, information or product that we provide.

© Copyright 1995-2010 Acronym Media Inc. All rights reserved.

Acronym Media, Keyword-Driven Marketing, Keyword-Driven, KDM, Keyword=Customer, EKOS, TMPass, Enterprise Keyword Optimization System, EmpireCam, Brilliant Ideas, 8 Brilliant Ideas, Keyword Labs, ROI Labs, EventEngine, and other products and services mentioned herein as well as their respective logos are trademarks or registered trademarks of Acronym Media, Inc. (or its affiliates) in the United States and other countries.

Date of Last Modification: March 30, 2010