Terms | Terms |
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501 Media Terms and Conditions The following Terms and Conditions apply to the 501 Media web site (the “Web Site”) and to the software, services, products, resources, information, content, materials, and results or output derived from such services or products on the Web Site (“Site content”). By using the Web Site or Site contents, you accept and agree to comply with the following Terms and Conditions. Your use of certain resources made available on the Web Site or the conduct of certain transactions may be SUBJECT to certain additional terms and conditions, which will be made available to you prior to using such resources or conducting such transactions. We reserve the right to modify, alter, update, or remove portions of these Terms and Conditions at any time, so please check these Terms and Conditions (and our Privacy Policy) from time to time. Your continued use of the Web Site signifies your acceptance of any changed items. If you do not agree with our Terms and Conditions, your sole remedy is to discontinue your use of the Web Site. The failure of 501 Media to enforce these Terms and Conditions, for whatever reason, shall not be construed as a waiver of any right to do so at any time. Community Conduct While using the Web Site or Site contents, you are a part of the 501 Media community, and you agree that your use will respect the rights of other members of the community. In particular you agree not to: (1) restrict or inhibit any other user from using the Web Site or Site content or from purchasing any products or services sold by 501 Media; (2) take any action intended to threaten, intimidate, or harass any other user of the Web Site, or which is abusive, illegal, hateful, or sexually or racially or ethnically discriminatory, otherwise objectionable or harmful; (3) use the Web Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in those specified ways that are designed for such a purpose; or (4) submit, publish, distribute, or transmit through the Web Site or its e-mail links materials that do not meet the requirements of these Terms and Conditions; or (5) impersonate any person or entity or forge anyone else's digital or manual signature or attempt to gain unauthorized access to 501 Media' or any other person's computers, software, or data. We reserve the right to prohibit use of the Web Site or the purchase of products and services from 501 Media by any user who, in our sole discretion, violates these Terms and Conditions. Such a prohibition may occur without notice to the user. If you believe another user is violating these terms, you may notify 501 Media, and we will work in good faith to resolve any such issues. However, we have no obligation to monitor the Web Site or Site content and are not responsible for the accuracy or reliability of any Site content or opinion, advice, or statement made on the Web Site, or for any defamatory, offensive, or illegal conduct by any user of the Web Site. 501 Media reserves the right to investigate suspected violations of these Terms and Conditions, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on 501 Media's servers and network. You hereby authorize 501 Media and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce these Terms and Conditions. Such cooperation may include 501 Media providing the username, IP address, or other identifying information. Submissions to 501 Media While participating in the 501 Media community, you may submit to 501 Media resources, links, applets, information, content, software code, graphics, artwork, templates, or other materials (“Submissions”) in accordance with the guidelines set forth at the areas of the Web Site where Submissions are accepted. You hereby grant to 501 Media a non-exclusive, perpetual, worldwide, royalty-free license to link to, reproduce, distribute, adapt, perform, display, and create derivative works from your Submissions, and to sublicense any of the foregoing rights. If your Submissions include software source code, the foregoing license includes the right to analyze, report on, summarize, and display the source code. 501 Media reserves the right at any time and without notice to refuse to post or to remove any Submission (in its sole discretion.) You agree that your Submissions will meet all of the following requirements for appropriate content, and make the following representations and warranties to 501 Media: * You have all rights and have obtained all approvals, consents, release clearances, licenses, and authorizations needed for the grant of rights and licenses hereunder, and any publication of your Submissions does not violate or conflict with any other agreement you have made. * Your Submissions do not infringe or otherwise violate any patents, copyrights, trademarks, trade secrets, or any other proprietary rights of any third party. * Your Submissions do not contain any virus, worm, Trojan horse, or other routine intentionally designed to damage or allow unauthorized access to the Web Site or any content or online courses on the Web Site, or any other hardware, software, or data. * Your Submissions do not include material that may be used in any attempt to circumvent the user authentication or security of any host, network, or account, including the documentation and tutorials on tools designed for compromising security, such as password guessing programs, cracking tools, packet sniffers, or network probing tools. * Your Submissions: (i) do not constitute or encourage a criminal or civil offense or unethical activity and do not otherwise give rise to liability; (ii) comply with all applicable laws, rules, and regulations; (iii) do not contain any false, misleading, libelous, or defamatory statements; (iv) do not constitute an invasion of the rights of privacy or publicity of any third party; and (v) are not obscene, pornographic, threatening, or sexually or racially or ethnically discriminatory, or otherwise objectionable or harmful. Applications All applications, software, and transmissions available for registration or download from the Web Site are the copyrighted work of 501 Media or its licensors. Software and documentation ownership is retained by the copyright holder. You are only licensed to use the software SUBJECT to certain restrictions contained in the end user license agreement accompanying such software. You expressly agree that any software or other Site content downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk, and that you will be solely responsible for any damage to your network or computer system, or loss of data that results from the download of software or other Site content. Disclaimers and Warranties The Web Site and Site content are provided on an “as is” and “as available” basis. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 501 Media AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE WEB SITE OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. 501 Media does not make any representations or warranties that: (1) the Web Site or Site content or any products or services purchased from 501 Media will meet your requirements or expectations; (2) the operation of the Web Site or the Site content will be uninterrupted, timely, secure, or error-free, or that any errors will be corrected; (3) any particular results will be obtained from the use of the Web Site or from any products or services purchased from 501 Media; (4) the Site content is accurate, correct, or timely; (5) the Site content is updated or otherwise contains current information; or (6) the Site content has expired or has been removed from the Web Site. Limitation of Liability YOU AGREE THAT NEITHER 501 Media NOR ITS SUPPLIERS SHALL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE WEB SITE, SITE CONTENT, OR ANY PRODUCTS OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR TRANSACTIONS ENTERED INTO THROUGH 501 Media; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) RELIANCE ON THE WEB SITE, SITE CONTENT, OR ANY PRODUCTS OR SERVICES ON THE WEB SITE. Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers, limitations, and exclusions may not apply to you. Links to Third Party Web Sites The Web Site may include links to various third party web sites. 501 Media is providing these links solely as a convenience. Such linked third party sites are not under the control of 501 Media. We have not reviewed all of the sites linked from the Web Site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on this site does not imply 501 Media's endorsement of the linked site, its sponsor, or any products or services offered on the linked site. Use of any linked site is at your own risk. Indemnity You agree to indemnify, defend, and hold harmless 501 Media and its officers, employees, directors, agents, suppliers, and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys fees) that arise directly or indirectly out of or from: (1) any breach of these Terms and Conditions or of any representation or warranty made by you in these Terms and Conditions; (2) your Submissions; and/or (3) your activities in connection with the Web Site or Site contents. Applicable Laws and Jurisdictions You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the 501 Media site and your purchase of the products and services on the site. The Site content and/or products and services available through the Web Site are SUBJECT to United States export controls and may not be accessed or used by: (1) a national or resident of Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You hereby agree to the foregoing, and represent and warrant that you are not a national, a resident, or under the control of any such country or on any such list. 501 Media controls the Web Site (excluding third party linked sites) from its corporate offices within the state of California, United States of America. 501 Media makes no representation that Site content is appropriate or available for use in other locations, and accessing the Web Site or Site contents from jurisdictions where their contents are illegal is prohibited. If you choose to access this site from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction. The law of the state of California, specifically excluding choice of law principles, will apply to all issues and matters relating to or arising from your use of this Web site. You also submit to the exclusive personal jurisdiction and venue of the Superior Court located in Orange County, California, United States of America or of any federal court located in such state. Copyrights and Trademarks The Web Site and Site content is the property of 501 Media. and its licensors, and is protected by United States and international copyright laws. All copyright, trademark, and other proprietary rights in the Web Site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by 501 Media at the Web Site are reserved to 501 Media and its licensors. Copyright © 2004-2009 501 Media. and its licensors. All rights reserved. The following are 501 Media trademarks: 501 Media, NonprofitEDU, Fundraising University, Culture of Philanthropy, 501 Media.com the 501 Media logo. In addition, the Web Site may contain trademarks, logos, and links to the web sites of third parties. Any domain names, URLs, trademarks, or logos appearing on the Web Site or in any Site content are the sole property of their respective owners. Copyright Complaints 501 Media and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at info{at}501 Media.com and 501 Media will investigate, in appropriate circumstances, notices of copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2). © 2004-2009 501 Media. All rights reserved. Terms and Conditions last updated September 4, 2009. Contacting Us If there are any questions regarding this privacy policy you may contact us using the information below. 24310 Moulton Pkwy, Ste #O,148 | Laguna Hills, CA 92637 Telephone: (949) 682-5463 | Fax: 949-812-7673 Customer Service (888) 735-7534 ext. 708 |
