Website Terms of Use Agreement
READ CAREFULLY. This Website Use Agreement (referred to as the "Agreement") governs your use of this website (referred to as the "Site"), created and maintained by Trace Media Marketing. It exempts Trace Media Marketing from liability or limits its liability and contains other important provisions that users should read and be aware of. By accessing and using this Site, you acknowledge and signify that you have read, understood and agreed to be bound by this Agreement.
Trace Media Marketing reserves the right, at its sole discretion, to change, add or remove portions of this Terms of Use, at any time. It is your responsibility to check this Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent purchases by you will be subject to the terms and conditions of this Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with this Terms of Use and any such modifications, Trace Media Marketing grants you ("End User" or "Customer") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
1. Content; Copyright and Trademark Notice. All text, images, graphics, user interfaces, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to Trace Media Marketing, and is protected by copyright, trade dress, trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Trace Media Marketing' prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Trace Media Marketing reserves all rights not expressly granted hereunder. Trace Media Marketing expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
2. Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site may require you to first open a Customer Account. You are responsible for maintaining the confidentiality of your Customer Account information, including your password, and for all activity that occurs under your account. You agree to notify Trace Media Marketing immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Trace Media Marketing or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your Customer Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Customer Account information by clicking on the Customer Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
You also agree that Trace Media Marketing may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Customer Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for service, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Trace Media Marketing will not be liable to you or to any third party for termination of your access to the Site.
3. Privacy Policy. Trace Media Marketing strives to keep your personal information confidential. By ensuring that you are aware of and understand the Trace Media Marketing Privacy Policy, we can provide you with better service. Trace Media Marketing collects and uses your personal information to give you superior customer service, to provide you with convenient access to our products and services, and to keep you up-to-date on the latest product announcements, special offers, and other information we think you'd like to hear about.
Trace Media Marketing safeguards the security of the data you send us with physical, electronic, and managerial procedures. Trace Media Marketing does not knowingly solicit personal information from children or send them requests for personal information.
While Trace Media Marketing takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL Trace Media Marketing OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER Trace Media Marketing WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. Consent to Our Communication with You by E-Mail. By contacting us, you grant permission for Trace Media Marketing to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at info@tracemedia.com or follow the opt-out procedures set forth in such marketing emails.
5. Methods of Payment, Credit Card Terms and Taxes. All payments through this Site must be made by VISA, MasterCard or American Express credit cards (any of which may be removed by Trace Media Marketing in its sole discretion). Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT Trace Media Marketing, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Trace Media Marketing of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Trace Media Marketing does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Trace Media Marketing or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
6. Other Methods of Payment such as Company Check, Certified Funds and Money Order. Trace Media Marketing does not currently have options to accept such payment methods via our online interface. If you are interested in using any of these methods as payment, you must place your order with Trace Media Marketing by telephone. Should you decide to submit payment via Company Check, your order will be processed upon provision of funds to our account, from your bank. Should you decide to submit payment via Certified Funds and/or Money Order, we will process your order upon receipt of your payment and certification from our bank of funds.
7. No Responsibility to Sell Mis-Priced Products or Services. Trace Media Marketing shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Trace Media Marketing shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Trace Media Marketing shall immediately issue a credit to your credit card account in the amount of the charge.
8. Modifications to Prices or Billing Terms. Trace Media Marketing reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by e-mail delivery to you.
9. Indemnification. You agree to indemnify and hold harmless Trace Media Marketing and its parents, sister companies, subsidiaries, affiliates, service providers, other End Users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to your violation of this Terms of Use, or your violation of any law, regulation or third-party right.
10. Disclaimer of Warranties. THIS SITE IS PROVIDED "AS-IS," AND "AS AVAILABLE." Trace Media Marketing MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS SITE, THE CONTENT INFORMATION AND/OR SERVICES AVAILABLE ON OR THROUGH THIS SITE.
YOU AGREE TO VISIT THIS SITE SOLELY AT YOUR OWN RISK. YOU AGREE TO USE THIS SITE, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS SITE SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THIS SITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR'S USE WILL BE CONTINUOUS AND/OR ERROR FREE.
WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS SITE ARE ACCURATE, RELIABLE, OR CURRENT.
11. Limitation of liability. Trace Media Marketing WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS SITE.
NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS SITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS SITE, RESULTING FROM ACTS INCLUDING, BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS OR YOUR OWN ERRORS AND/OR OMISSIONS, AND ANY OTHER CAUSE, EVEN IF Trace Media Marketing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS SITE.
IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, Trace Media Marketing' LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
12. Digital Millennium Copyright Act, Transmission of Third Party Content. You may not copy, print, download, upload, post or otherwise distribute on this Site anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such copying, printing, downloading, uploading, posting or distribution on the web.
The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.
Trace Media Marketing, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.
Trace Media Marketing, pursuant to the Digital Millennium Copyright Act, designates info@tracemedia.com to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on Trace Media Marketing' site in a way that constitutes infringement, you may notify Trace Media Marketing by providing Trace Media Marketing the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
1. A description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
2. Identification of the URL or other specific location on Trace Media Marketing' Site where the material that you claim is infringing is located;
3. Your address, telephone number, and e-mail address;
4. 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;
5. 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 are authorized to act on the copyright owners' behalf.
13. General. No delay or failure to take action under this Terms of Use shall constitute any waiver by Trace Media Marketing of any provision of this Terms of Use. If any provision of this Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms of Use will continue in full force and effect. This Terms of Use will bind and inure to the benefit of Trace Media Marketing' permitted successors and assigns. This Terms of Use shall be governed by the laws of the State of New York without regard to or application of any conflict of laws provisions. This Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Terms of Use shall be null and void. Trace Media Marketing may freely assign this Terms of Use without consent or notice. This Terms of Use constitutes the complete and exclusive agreement between Trace Media Marketing and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
14. Links to Other Websites. If this Site contains Internet links to other Internet websites, Trace Media Marketing has no control over the content or publishing policies of such other websites and is in no way responsible for their use or for use of a link from the Site to another website by a Site user. End User uses links on the Site at their own risk. Trace Media Marketing makes a reasonable effort to ensure that links do not lead to other websites whose publishing practices are not consistent with Trace Media Marketing' Site, or whose content would be considered unacceptable.
