Terms & Conditions
This Web site (the "Web
site") is owned and operated by TargetCast tcm, Inc., 800 Third Avenue, New York, New York 10022 (together with its business partners
and affiliates, "TargetCast").
Your use of this Web site is governed by the provisions contained in
these Terms and Conditions (the "Terms and Conditions"). Please
take a few minutes to review these provisions. Your use, or access, of
the Web site constitutes your agreement to be bound by these provisions.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR
OTHERWISE USE THE WEB SITE.
Use Of This Web Site: This Web site is maintained for informational purposes
only. You may access and use this Web site solely pursuant to these Terms
and Conditions for your personal, non-commercial use. Any use contrary
to as stated herein requires our prior consent.
Unauthorized Use: You may not use spiders, robots or other automated data
mining techniques to catalog, download, store or otherwise reproduce,
store or distribute content available on the Web site. You may not take
any action to interfere with the Web site or any other user's use of the
Web site, including, without limitation, via means of overloading, “flooding”,
“mailbombing” or “crashing” the Web site. You
may not send unsolicited e-mail, including promotions and/or advertising
of products or services, through the Web site or forge or mask your true
identity in any e-mail or posting. You may not frame portions of the Web
site within another web site or establish links from any other web site
to any page of the Web site other than the home page.
Proprietary Rights: All pages and content within this Web site, including
but not limited to, the software which operates the Web site, text, graphics,
audio, video, photographs, articles or other materials, are the intellectual
property of, or are authorized for use by, TargetCast and its licensors,
business partners and affiliates. Except as expressly permitted in these
Terms and Conditions, you may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute in any way content available on
this Web site without the prior written consent of TargetCast.
Changes: All information posted on the Web site is subject to change
without notice. In addition, these Terms and Conditions may be changed
at any time without prior notice. We will make such changes by posting
them here. You should check this page for such changes frequently. Your
continued access of the Web site after such changes conclusively demonstrates
your acceptance of those changes.
Disclaimer: THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED
THROUGH THE WEB SITE, IS PROVIDED "AS IS". TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, TARGETCAST MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. FURTHER, TARGETCAST
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION,
NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TARGETCAST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE
OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR
ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE
SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TARGETCAST SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING,
WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO
EVENT WILL TARGETCAST BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT
LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST
DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL
INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL
DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES
REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Links: This Web site may contain links to other web sites not maintained
by TargetCast. Other sites may also reference or link to our Web site.
We encourage you to be aware when you leave our Web site and to read the
terms and conditions and privacy statements of each and every web site
that you visit. We are not responsible for the practices or the content
of such other web sites.
Privacy: TargetCast takes the privacy of you and your information very
seriously. In order to correspond with TargetCast, request further information
or utilize certain services provided in connection with this Web site,
you may be asked to provide, or you may choose to send to TargetCast,
certain personally identifiable information such as your name and email
address. TargetCast will not sell or rent any personally identifiable
information so obtained to any unaffiliated third party. Except as required
by law, specifically set forth in these Terms and Conditions or in connection
with the maintenance and operation of this Web site, TargetCast will not
share this information with any third party.
You represent and warrant that any personally identifiable information
you provide to TargetCast through this Web site is done so with the express
permission of the person to whom such information relates. You agree to
defend, indemnify and hold harmless TargetCast from any third party claims
as a result of personally identifiable information provided by you to
TargetCast in violation of these Terms and Conditions or applicable law.
Governing Law. The laws of the State of New York shall govern these Terms
and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION
AND VENUE IN THE COURTS OF NEW YORK COUNTY, NEW YORK.
Questions: Should you have any questions regarding these Terms and Conditions
please contact us.
|
