TERMS OF SERVICE
Please read the following Terms of Service and Disclaimers carefully before using this Web Site. Your access to and use of any web site operated by AVmedia (“Site”) are subject to the following Terms of Service. In addition, as set forth more fully below, any purchase of goods or services from AVmedia, including through the Site, shall be subject to such additional terms and conditions as may be set forth in any exhibitor kit (whether in electronic or other form) associated with the event for which such purchase is made (the “Purchase Terms”).
AVmedia reserves the right to update the Terms of Service at any time without notice to you. The most current version of the Terms of Service may be accessed by clicking on the “Terms of Service” hypertext link located at the bottom of the Site.
BY CLICKING ON “I ACCEPT AVMEDIA’S TERMS AND CONDITIONS” CHECKBOX OR OTHERWISE ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE PURCHASE TERMS, UNDERSTAND THIS AGREEMENT AND THE PURCHASE TERMS AND AGREE TO BE BOUND BY THIS AGREEMENT AND THE PURCHASE TERMS. IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THIS AGREEMENT OR THE PURCHASE TERMS, THEN (I) YOU ARE NOT PERMITTED TO USE THE SITE AND (II) YOU SHOULD NOT CLICK ON THE “I ACCEPT AVMEDIA’S TERMS AND CONDITIONS” CHECKBOX.
1. Purchase Terms. The Purchase Terms, as may be amended from time to time by AVmedia, govern all orders submitted to AVmedia for any goods or services, including all orders placed through the Site.
3. Copyright. All information, content, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, forms, photographs, graphics, and software available on or through the Site (collectively “Content”) is owned or controlled by AVmedia, its subsidiaries and affiliates, and of other parties. The Content is protected by U.S. and foreign copyright common law rights and statutes. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any Content available on or through the Site for commercial or public purposes, without the prior written permission of AVmedia.
4. Trademarks. The trademarks, service marks, slogans, logos, trade dress and other identifiers (“Marks”) displayed on the Site are the property of AVmedia, its subsidiaries and affiliates, or of other parties, who may or may not be affiliated with, connected to, or sponsored by AVmedia. The Marks are protected by U.S. and foreign trademark, common law rights and statutes. Users of the Site are prohibited from using any Marks for any purpose including, but not limited to, use on other materials, in presentations, as domain names, or as metatags, without the written permission of AVmedia or such third party that may own the Marks.
5. License and Site Access. AVmedia grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of AVmedia. This license does not include any resale or commercial use of this Site or its Contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its Contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AVmedia. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AVmedia and our affiliates without express written consent. You may not use any metatags or any other “hidden text” utilizing AVmedia’s name or trademarks without the express written consent of AVmedia. Any unauthorized use terminates the permission or license granted by AVmedia.
6. Electronic Communications. When you visit AVmedia or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Your Account. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AVmedia does not sell goods or services to children. If you are under 18, you may not use the Site. AVmedia and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
8. Your Conduct. In return for access to AVmediaco.com, you agree to refrain from:
– uploading, transmitting, posting, emailing or otherwise making available to the Site, any content or other material in any format that: (i) is false, inaccurate, misleading, fraudulent, unlawful (including, but not limited to, laws governing consumer protection, unfair competition, antidiscrimination, or false advertising), harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, libelous and/or otherwise objectionable; (ii) infringes any third party’s intellectual property, whether a copyright, patent, trademark, trade secret, or other proprietary right or rights of publicity or privacy; or (iii) contains viruses, worms, Trojan horses, time bombs, cancelbots, Easter eggs, corrupted files, or any other similar software or programs designed to interrupt, interfere, intercept, expropriate, destroy or limit the functionality of any data, personal information, computer software or hardware or telecommunications equipment;
– altering, removing, or falsifying any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site;
– impersonating any person or entity, including, but not limited to, a AVmedia official or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
– attempting, through any means, to gain unauthorized access to the Site, or another user’s account on the Site;
– using any robot, scraper, spider, other automatic device, or manual process to monitor or copy any information or content contained in the Site without AVmedia’s prior express written permission; or
– taking any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.
9. Goods and Service Descriptions. AVmedia and its affiliates attempt to be as accurate as possible. However, AVmedia does not warrant that product or service descriptions or other Content of this Site is accurate, complete, reliable, current, or error-free.
10. Pricing. Except where noted otherwise, the price displayed for goods or services on our Site represents the estimated price for the product or service in accordance with standard industry practice. The final price of any product or service will be determined at the time of placement of a firm Order with AVmedia and subject to the terms and conditions of the applicable AVmedia agreement.
11. Links With Other Sites. The Site does or may contain links to third-party web sites as an accommodation to you. The Site can also be accessed through links contained on third-party web sites. The third-party linked sites are not under the control of AVmedia. AVmedia does not endorse, adopt or undertake any responsibility for the content or privacy practices of any third-party site, including, but not limited to, information provided at third-party sites that may link the user to the Site. If you have accessed the Site through a third-party link, you are still bound by the terms and conditions of these Terms of Service. In no event shall AVmedia be responsible for any content or other materials on or available on any third-party web sites.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, GOODS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY AVMEDIA OR ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AVMEDIA AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AVMEDIA AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AVMEDIA AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR EMAIL SENT FROM AVMEDIA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVMEDIA AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SOFTWARE, GOODS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
AVMEDIA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITE OR ANY USE OF SAME BY YOU.
AVMEDIA AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTIES THAT THE SITE OR ANY CONTENT CONTAINED THEREIN OR DOWNLOADED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. IF YOU USE THE SITE FROM OUTSIDE THE UNITED STATES OF AMERICA, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING WITHOUT LIMITATION EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.
13. Indemnification. You agree to indemnify, hold harmless and release AVmedia and its respective employees, officers, directors, stockholders, agents, licensors and their respective successors and assigns, from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Site and/or any Content contained therein or provided thereby, including, but not limited to, information from third-party web sites linked to the Site.
14. Legal Compliance/Export Restrictions. Software from this Site may be subject to United States Export Controls. No software from this Site may be downloaded or exported into or to a national or resident of any country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. Jurisdiction. AVmedia maintains and operates this Site from its offices in Florida, United States of America. These Terms of Service are governed and interpreted under the laws of the State of Texas, United States of America. By using this site you consent to the jurisdiction of the courts located in Texas for any action arising from these Terms of Service. Any cause of action or claim you may have with respect to the Site must be commenced within two (2) years after the claim or cause of action arises. If any portion of these Terms of Service is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. AVmedia’s failure to act with respect to a breach of these Terms of Service by you or others does not constitute a waiver and shall not limit AVmedia’s rights with respect to such breach or any subsequent breaches.
16. Injunctive Relief. You acknowledge that a violation or attempted violation of any of this Terms of Service will cause such damage to AVmedia as will be irreparable, the exact amount of which would be difficult to ascertain and for which there is no adequate remedy at law. Accordingly, you agree that AVmedia shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms by you, your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by AVmedia in obtaining such an injunction, including, without limitation, reasonable attorneys’ fees. You agree that no bond or other security shall be required in connection with such injunction.
17. Attorneys’ Fees. If AVmedia or its third party providers take any action to enforce this Terms of Service, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, arbitration or other similar proceeding, in addition to any other relief, at law or in equity, to which such parties may be entitled.
19. Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AVmedia’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying AVmedia that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
Your address, telephone number, and email address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
AVmedia Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
9401 Southridge Park Court
Orlando, FL 32819