Please read these terms and conditions of use before using this site:
By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site. The Web is an evolving medium; we may change the terms of this Visitor Agreement from time to time. By continuing to use this website after we post any such changes, you accept the Visitor Agreement, as modified. Your continued usage of the AUDIENCE.CO website (“AUDIENCE.CO Site,” or the “Site,”) will mean you accept those changes.
- USE OF CONTENT
- LIABILITY OF AUDIENCE.CO AND ITS LICENSORS
- USER SUBMISSIONS / USER GENERATED CONTENT
- AUDIENCE.CO SUBCRIPTION SERVICES
- AUDIENCE.CO PUBLIC AND MEMBER TO MEMBER AREAS (“PUBLIC AREAS”)
- ADVERTISEMENT, SEARCHES AND LINKS TO OTHER SITES
- NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT
- COMPLETE AGREEMENT
Use of content
AUDIENCE.CO will aggressively enforce its intellectual property and other legal rights to the fullest extent of the law, and will seek damages, injunctive relief, attorney’s fees and criminal prosecution where appropriate.
All right, title and interest in and to the content displayed on the Web site, including without limitation the Web sites’ look and feel, information, text, graphics, images, sound and video materials, logos, designs, software, trademarks, service marks, trade dress, trade names, the URL, and the compilation, coordination, selection, order and arrangement of any of these elements (“Content”), is the property of, or is used with permission by, AUDIENCE.CO, and is protected by United States and other national and international copyright and trademark laws.
AUDIENCE.CO cannot guarantee the accuracy or completeness of all the Content available on the Web site. Therefore, your use of or reliance upon information on the Web site is at your own risk and you are solely responsible for investigating the veracity, accuracy and completeness of such information. The Content on the Web site is provided as a convenience to you and its presence on the Web site does not imply in any way that AUDIENCE.CO endorses such information.
Liability of AUDIENCE.CO and its licensors
The use of the AUDIENCE.CO Site and the Content is at your own risk.
When using the AUDIENCE.CO Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of AUDIENCE.CO. Accordingly, AUDIENCE.CO assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the AUDIENCE.CO Site.
The AUDIENCE.CO Site and the content are provided on an “as is” basis. AUDIENCE.CO, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, AUDIENCE.CO, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, current-ness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the AUDIENCE.CO Site.
- The satisfaction of any government regulations requiring disclosure of information on the approval or compliance of any software tools with regard to the Content contained on the AUDIENCE.CO Site.
In no event shall AUDIENCE.CO, its licensors, its suppliers, or any third parties mentioned on the AUDIENCE.CO Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the AUDIENCE.CO Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not AUDIENCE.CO, its licensors, its suppliers, or any third parties mentioned on the AUDIENCE.CO Site are advised of the possibility of such damages. AUDIENCE.CO, its licensors, its suppliers, or any third parties mentioned on the AUDIENCE.CO Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. AUDIENCE.CO, its licensors, its suppliers, or any third parties mentioned on the AUDIENCE.CO Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission, you agree that you will not send or transmit to AUDIENCE.CO by email, (including through the email addresses listed on the “Contact Us” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to AUDIENCE.CO by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to AUDIENCE.CO by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-AUDIENCE.CO a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. AUDIENCE.CO may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to AUDIENCE.CO by email. We try to answer every email in a timely manner, but are not always able to do so.
AUDIENCE.CO offers several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your AUDIENCE.CO passwords and/or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your AUDIENCE.CO account and password; (3) promptly inform AUDIENCE.CO of any need to deactivate a password. You grant AUDIENCE.CO and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. AUDIENCE.CO cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using AUDIENCE.CO tools and services.
AUDIENCE.CO public and member to member areas (“Public Areas”)
If you use a Public Area, such as a chat room, bulletin board or community, you are solely responsible for your own communications and the consequences of posting those communications, and your reliance on any communications found in the Public Areas. AUDIENCE.CO and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.
An consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
- Using a Public Area for any purpose in violation of local, state, national, or international laws;
- Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
- Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by AUDIENCE.CO in its sole discretion;
- Posting advertisements or solicitations of business;
- After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
- Posting chain letters or pyramid schemes;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;
- Allowing any other person or entity to use your identification for posting or viewing comments
- Posting the same note more than once or “spamming”; or
- Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of AUDIENCE.CO, exposes AUDIENCE.CO or any of its customers or suppliers to any liability or detriment of any type.
AUDIENCE.CO reserves the right (but is not obligated) to do any or all of the following:
- Record the dialogue in public chat rooms.
- Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
- Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
- Terminate a user’s access to any or all Public Areas and/or the AUDIENCE.CO Site upon any breach of these Terms and Conditions.
- Monitor, edit, or disclose any communication in the Public Areas.
- Edit or delete any communication(s) posted on the AUDIENCE.CO Site, regardless of whether such communication(s) violate these standards.
AUDIENCE.CO or its licensors have no liability or responsibility to users of the AUDIENCE.CO Site or any other person or entity for performance or nonperformance of the aforementioned activities
We invite you to bring to our attention any material you believe to be factually inaccurate. We respect all opinions.
Advertisements, searches and links to other sites
AUDIENCE.CO may provide links to third-party web sites. AUDIENCE.CO also may select certain sites as priority responses to search terms you enter and AUDIENCE.CO may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. AUDIENCE.CO does not recommend and does not endorse the content on any third-party websites. AUDIENCE.CO is not responsible for the content of linked third-party sites, sites framed within the AUDIENCE.CO Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. AUDIENCE.CO does not endorse any product advertised on the AUDIENCE.CO Site. AUDIENCE.CO does not currently, and never has, run advertisements on our site.
You agree to defend, indemnify, and hold AUDIENCE.CO, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
AUDIENCE.CO makes no claims that AUDIENCE.CO content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the AUDIENCE.CO Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with AUDIENCE.CO, or in any way relating to your use of the AUDIENCE.CO Site, resides in the courts of the State of British Virgin Islands and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of British Virgin Islands in connection with any such dispute including any claim involving AUDIENCE.CO or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of British Virgin Islands, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Notice and take down procedures; and copyright agents
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting AUDIENCE.CO’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
AUDIENCE.CO’s agent for copyright issues relating to this web site is as follows:
Attn. AUDIENCE.CO, Inc. Managment Team
In an effort to protect the rights of copyright owners, AUDIENCE.CO maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
Thank you for your cooperation. We hope you find the AUDIENCE.CO Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted to AUDIENCE.CO support.
We try to answer every email in a timely manner but are not always able to do so.
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