| Concept Marketing Group, Inc. - Terms of UseINTRODUCTION AND TABLE OF CONTENTS Welcome to Concept Marketing Group, Inc. and The Marketing Resource Center (collectively referred to as Marketingsource). The Marketingsource Network currently includes various web pages at or linked to the urls: www.marketingsource.com, www.assoconline.com, www.associationscentral.com, www.exposepromotions.com, and www.directannounce.com., collectively referred to as "The Marketingsource Network", which may expand or change from time to time. For terms and conditions regarding our printing/mailing services, go to http://www.marketingsource.com/printing/terms.html Marketingsource makes available a variety of products and services through The Marketingsource Network subject to these General Terms and Conditions. In addition, there are a variety of special products and services offered through The Marketingsource Network that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement. When you are using any service or product on the Marketingsource Network that does not have a separate legal agreement, the Terms and Conditions set forth here will aply. Marketingsource also may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of The Marketingsource Network. In addition, the Marketingsource Network also may offer other services that are governed by the terms of service of the respective service partners. Because the Terms and Conditions contain legal obligations, please read them carefully. Please direct any legal questions to: Concept Marketing Group, Inc. 8655 E Via de Ventura, Suite G-200 Scottsdale, AZ, 85258 The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. The following is a list of provisions that apply to particular Products and Services: 1. Acceptance 2. Conditions and Restrictions on use 3. Registration and privacy 4. Responsibility for minors 5. Member and User Conduct 6. License to User Content 7. Removal of links 8. Message Board Buidelines 9. Advertisers and content 10. No license; Intellectual property of Marketingsource and others 11. Indemnity and release 1. ACCEPTANCE By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any individual Marketingsource Network web site, Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions. 2. CONDITIONS AND RESTRICTIONS ON USE Use of the Products and Services is subject to compliance with these Terms and Conditions. You acknowledge and agree that Marketingsource may terminate your access to the Marketingsource Network or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Marketingsource. Any such termination shall be in Marketingsource's sole discretion and may occur without prior notice, or any notice. Marketingsource further reserves the right to terminate any user's access to the Marketingsource Network or to any of the Products and Services for any conduct that Marketingsource, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Marketingsource or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Marketingsource further reserves the right to terminate any user's access to the Marketingsource Network or to any of the Products and Services for any reason or for no reason at all, in Marketingsource' sole discretion, without prior notice, or any notice. In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://www.marketingsource.com/ or another of the URLs associated with the Marketingsource Network. Be aware that the majority of the Marketingsource Network is for general audiences, although there are certain areas on the Marketingsource Network that contain adult or mature content and different areas where content is specifically created for children under 13 years of age. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. There are also other (mainly commerce-related) areas of the Marketingsource Network not open to persons under 18 years of age. With respect to general audience content, if Marketingsource learns that anyone under the age of 13 has accessed the Products and Services, Marketingsource will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Marketingsource Network, however, may not be available to children under 13 under any circumstances. 3. REGISTRATION AND PRIVACY Certain of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Marketingsource Network registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Marketingsource has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Marketingsource has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. All Marketingsource Network registrations become the exclusive property of Marketingsource, its affiliates and subsidiaries. Marketingsource reserves the right to use and reuse all registration and other personally identifiable user information subject to the Marketingsource Network Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in the Marketingsource Network Privacy Policy and at individual Marketingsource Network sites. You acknowledge receipt of Marketingsource Network Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on the Marketingsource Network. 4. RESPONSIBILITY FOR MINORS In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF THE MARKETINGSOURCE NETWORK MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS. 5. MEMBER AND USER CONDUCT Upon registering for many Products and Services, you will receive a password and unique User ID. You are responsible for maintaining the confidentiality of the password and User ID, and are fully responsible for all activities that occur under your password or User ID. You agree to (a) immediately notify Marketingsource of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Marketingsource Network cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. You acknowledge and agree that all information, code, data, text, graphics, messages, file, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. That means you, and not Marketingsource, are entirely responsible for all Content that you upload, post, email, or other transmit via the Services. Marketingsource does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity, or quality of such user or third party Content. You acknowledge and Agree that by using the Products and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Marketingsource Network be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. Prohibited Conduct You agree that you will not use the Marketingsource Network Products and Services to:
You acknowledge and agree that the Marketingsource Network and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation Marketingsource and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by Marketingsource, in its sole discretion. Marketingsource may also terminate access to, or membership in, the Marketingsource Network, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of the Marketingosurce Network, including without limitation information in Message Boards, Discussion Lists, and in all other parts of the Marketingsource Network Products and Services. You expressly acknowledge and agree that the Marketingsource Network may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Marketingsource, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by Marketingsource with regard to its users may be disclosed in accordance with Marketingsource' Privacy Policy. 6. LICENSE TO USER CONTENT With respect to any Content posted by or in connection with the Products and Services, you grant Marketingsource a world-wide, royalty free, perpetual, license to use, copy, transmit, publicly display, publicly perform, create compilations including, create derivative works of, and distribute such Content to publish and promote such Content in connection with the particular Products and Services and to publish and promote such Content elsewhere within the Marketingsource Network. Such license shall apply with respect to any form, media, or technology now known or later developed. 7. REMOVAL OF LINKS The Marketingsource Network occasionally receives requests from people to remove links from the Marketingsource Network search services. Although the Marketingsource Network reserves the right to address such requests individually, the general approach that the Marketingsource Network takes reflects the following principles: The catalogs and databases used in connection with the Marketingsource Network search services consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, the Marketingsource Network cannot and does not screen anything made available through the Marketingsource Network search services' catalogs and databases. In other instances, the Marketingsource Network makes available directories, indices, and references consisting of content that has been identified, indexed, and compiled by humans. Furthermore, some of the catalogs and databases that can be searched in the Marketingsource Network are compiled by third parties through automated processes. However, if the operator of the site does not take steps to prevent it (i.e. make use of the Robots.txt file or Robots Meta tags), the automatic facilities used to create the catalogs and databases are likely to find it and index it again in a relatively short amount of time. 8. MESSAGE BOARD GUIDELINES Users of Marketingsource message boards are expected to adhere to the guidelines below and are expected not to engage in any of the Prohibited Conduct described above. Any user failing to comply with these Terms and Conditions may be expelled from a message board by a Marketingsource moderator, and Marketingsource may terminate or restrict such user's Marketingsource Network accounts. In addition, Marketingsource may remove any Content that violates these Terms and Conditions or is otherwise objectionable, in Marketingsource's sole discretion. No child under the age of 13 may participate in Marketingsource any message boards offered throughout the Marketingsource Network. Please read all the Prohibited Conduct described above before using the Marketingsource message board services, and keep in mind the following when using the Marketingsource message board services:
Marketingsource may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave the Marketingsource Network to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. Marketingsource has no control over such sites and resources. You acknowledge and agree that Marketingsource 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 Marketingsource 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. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Marketingsource Network Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Marketingsource shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services. Marketingsource encourages you to exercise discretion while using the Products and Services to browse the Internet. Marketingsource may produce automated search results or otherwise link you to sites containing information that some people may find inappropriate or offensive. Marketingsource makes no representations concerning any effort to review the content of any of the sites listed in automated search results, Web Guides or other directories, or of any of the sites otherwise linked to the Marketingsource Network web sites. Marketingsource shall not be held responsible for the accuracy, copyright or trademark compliance, legality, or decency of material contained in sites listed in the Marketingsource Network' search results or otherwise linked to the Marketingsource Network web sites or provided to the Marketingsource Network by third parties. 10. NO LICENSE; INTELLECTUAL PROPERTY OF MARKETINGSOURCE AND OTHERS Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of the Marketingsource Network's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Marketingsource Network and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of Marketingsource and its affiliates, licensors, and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by Marketingsource in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by Marketingsource, any of Marketingsource' affiliates, or any of Marketingsource' service providers. You agree not to use any of the trademarks or service marks or other Content accessible through the Marketingsource Network of any purpose other than the purpose for which such Content is made available to users by Marketingsource. You agree not to defame or disparage Marketingsource, the trademarks or service marks of Marketingsource, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or the Marketingsource Network. 11. INDEMNITY AND RELEASE By using the Marketingsource Network web sites you agree to indemnify Marketingsource, Inc. and its parents, subsidiaries, affiliates, officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Marketingsource Network web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Marketingsource or from any person's use of any account or password you maintain with any portion of the Marketingsource Network, regardless of whether such use is authorized by you. By using the Marketingsource Network, using the Products and Services, or submitting any ideas and/or related materials to Marketingsource, you are hereby agreeing to release Marketingsource and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to Marketingsource. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT HE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Last updated: May 14, 2003 | ||||||||||
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Concept Marketing Group, Inc.