Terms and Conditions
Updated: June 14, 2013
Please read these Terms and Conditions carefully as they govern your access to, and use of, this Website provided by Endeavors Media, Ltd. Additional terms may apply to your access and use of different portions of this Website; any additional terms will be posted in the Terms and Conditions section associated with that particular portion of the Website. If you use this Website, you agree to be bound by these Terms and Conditions.
Except as otherwise disclosed, this Website or its Content is copyright © 1990 – 2013 Endeavors Media, Ltd. All rights reserved.
Except as otherwise disclosed, all trademarks, names, logos, and/or service marks contained on this Website or its Content belong to Endeavors Media, Ltd.
The Intellectual Property is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the United States and other applicable countries. You agree to abide by all applicable proprietary rights and laws as well as any additional trademark or copyright notices or restrictions contained in these Terms and Conditions. These Terms and Conditions grant you no right, title or interest in the Intellectual Property and create no relationship between you and Endeavors Media, Ltd or Affiliates. You may address all inquiries concerning use of the Endeavors Media, Ltd's Intellectual Property to Endeavors Media, Ltd, Intellectual Property, P O Box 4043, Dublin, OH 43016. All inquiries concerning use of an Affiliate's Intellectual Property should be addressed directly to such Affiliate.
License and Reproduction
Original material of Endeavors Media, Ltd and/or any affiliate of Endeavors Media, Ltd (the Affiliates) posted on this Website is protected by intellectual property laws. You are granted a nonexclusive, nontransferable, limited and revocable right to access, use, display, and navigate this Website solely for your personal, non-public use. You are also granted a limited and revocable license to print copies of any content accessible from this Website (the Content), but solely for your personal, non-public use. Except as expressly provided above, all rights are reserved. Any commercial or public use of THIS Website or any content is strictly prohibited. Except as expressly provided above, no portion of this Website, its Contents or any copyright, trademark, trade name, service mark or any other proprietary information of Endeavors Media, Ltd or an Affiliate (collectively, the Intellectual Property) displayed on this Website or on any of the Content may be reproduced, altered, removed, transmitted, published or distributed, whether electronically, mechanically, by photocopy, recording or otherwise, without the prior written permission of Endeavors Media, Ltd or the Affiliate that owns the Intellectual Property. Use of any trademarks of Endeavors Media, Ltd or Affiliates as metatags on any third-party Website is strictly prohibited. You may not co-brand this Website or display this Website in frames (or any of the Content via in-line links) without the prior written permission of Endeavors Media, Ltd or Affiliate. Co-branding means your display of any of the Intellectual Property, or your taking of other means of attribution or identification of Endeavors Media, Ltd or an Affiliate in such a manner reasonably likely to give a third party the impression that you or such third party has the right to display, publish or distribute this Website or any Content. You agree to cooperate with Endeavors Media, Ltd and Affiliates in causing any unauthorized co-branding, framing or linking to immediately cease.
Designated Agent (Digital Millennium Copyright Act)
If you believe that a work protected by a United States copyright which you own has been linked to or posted or stored on this Website without authorization, please contact the following agent designated to receive notification of claimed copyright infringement: Endeavors Media, Ltd, Intellectual Property, P O Box 4043, Dublin, OH 43016 or firstname.lastname@example.org.
Operation of Website
Endeavors Media, Ltd operates this Website from within the United States. Endeavors Media, Ltd does not represent that Content on this Website is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. You acknowledge and agree that you are accessing this Website on your own initiative, at your own risk, and are responsible for compliance with all local laws. These Terms and Conditions shall be governed by and construed in accordance with the laws of the United States and the State of Ohio. You consent to exclusive jurisdiction and venue in Franklin County, Ohio and waive the defense of forum non-conveniens.
Monitoring of Web Site
Endeavors Media, Ltd expressly reserves the right to monitor any and all uses of this web site. However, Endeavors Media, Ltd is under no obligation to do so, and we assume no responsibility or liability arising from or relating to the content of any transmissions by third parties to or through this web site or for any error, omission, defamatory or libelous statement, falsehood, obscenity, pornography, profanity or inaccuracy contained in any information transmitted by third parties to or through any location on this web site. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or any of these Terms and Conditions, or any other term or condition of use posted on this web site. Endeavors Media, Ltd reserves the right to cooperate fully with law enforcement authorities or court orders requesting or directing Endeavors Media, Ltd to disclose the identity of anyone transmitting any such materials to or through this web site. Endeavors Media, Ltd may also disclose such information if we have a good faith belief that such disclosure is reasonably necessary to protect the rights, property or personal safety of Endeavors Media, Ltd, our third party licensors, customers or the public.
Spamming and solicitation
You may not use any information obtained from this Website for spamming or solicitation.
Portions of this Website were created using free web resources available online and are copyright their respective owners.
As a convenience to you and other visitors to this Website, Endeavors Media, Ltd may authorize third-party links to this Website and/or may provide links to third-party websites from this Website. Endeavors Media, Ltd has no control over third-party websites and the content posted on such sites and makes no representations and disclaims all liability as to the content or material available at those locations, the accuracy of information and the quality of products or services provided or advertised on such third-party sites. Moreover, any link to any third-party site or from a third-party site to this Website (whether or not authorized) does not constitute any express or implied sponsorship, affiliation or endorsement of such third-party site.
Please exercise discretion while browsing the Internet or using this web site. You should be aware that while using this web site you could be directed to other web sites by links and other features found on this web site. If you click on those links or other features, you may be visiting a web site that is not owned or operated by Endeavors Media, Ltd and over which Endeavors Media, Ltd has no control. For example, if you click on a banner advertisement, the click may take you to the web site of a company that is not related to Endeavors Media, Ltd and over which Endeavors Media, Ltd has no control. This includes links from advertisers, sponsors, content partners and other users that may use our logo(s) as part of a co-branding or affiliate agreement. These other web sites may collect data, solicit personal information and generate cookies on your computer in a manner different from our web sites. These other web sites may also contain information that you may find inappropriate or offensive.
Endeavors Media, Ltd is in no way responsible for the content or availability of information found on any web site owned by a third party that may be linked to Endeavors Media, Ltd 's Websites by a hyperlink, whether such hyperlink is provided by Endeavors Media, Ltd or by a third party. By providing access to third party web sites or advertisements, Endeavors Media, Ltd is not endorsing the products or services provided by the owner or operator of such web sites. Consequently, we will not be liable or responsible for the accuracy, relevancy, reliability, copyright compliance, legality or decency of material contained in third party web sites linked to this web site. We cannot ensure that you will be satisfied with any products or services you purchase from a third party web site that links to or from this web site or that you purchase through third party advertising or content on this web site. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to the products, services and content of third party web sites, including third party web sites accessible by links from this web site. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.
Endeavors Media, Ltd is pleased to hear from visitors and welcome your comments regarding products, services, and/or information. Unfortunately, however, Endeavors Media, Ltd does not accept or consider creative ideas, suggestions, or materials other than those that Endeavors Media, Ltd has specifically requested. Endeavors Media, Ltd hopes you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Endeavors Media, Ltd might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork. While Endeavors Media, Ltd does value your feedback on products, services and/or information, Endeavors Media, Ltd requests that you be specific in your comments on those products, services, and/or information, and not submit any creative ideas, suggestions, or materials (unless specifically requested by Endeavors Media, Ltd).
If, through participation in certain activities, you send any material (e.g., postings to chat, boards, or contests) or, despite our request, you send us unsolicited creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the Submissions), the Submissions shall be deemed, and shall remain, Endeavors Media, Ltd's property. None of the Submissions shall be subject to any obligation of confidentiality on Endeavors Media, Ltd's part and Endeavors Media, Ltd shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Endeavors Media, Ltd shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity.
In connection with some or all of Endeavors Media, Ltd’s sites or otherwise, Endeavors Media, Ltd may periodically require or permit customers, subscribers or users to any service or users of this site to download, install or use software, freeware, et al, or computer programs and related documentation or technical information that is (or is claimed as) the intellectual property and/or is the copyrighted work of Endeavors Media, Ltd or affiliates, licensors, suppliers, and/or third parties (Software). Each such user’s use of any such Software is governed by the terms of Endeavors Media, Ltd’s applicable Terms and Conditions and any additional terms or end-user license agreement with Endeavors Media, Ltd and/or third party who supplies such Software, or component of Software, that accompanies or is included with any Software or that may be specified by Endeavors Media, Ltd, as they be periodically modified or replaced. An end-user may not download, install or use any such Software unless he or she agrees to be bound by the terms of such customer, subscriber or user agreement and the applicable Terms and Conditions. For some Software, a separate license agreement specifically applicable to the download or use of that Software will be presented for acceptance prior to download or use, and the user will be unable to install or use such Software unless he or she first accepts the terms of the applicable license agreement.
Further, the Software is made available solely subject to and in accordance with the following terms:
The software is provided as-is and Endeavors Media, Ltd disclaims all warranties and conditions with regard to this software, express, implied, or otherwise, including without limitation, all warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. Endeavors Media, Ltd shall not be liable for any special, incidental, or consequential damages, including, without limitation, lost revenues, lost profits, or loss of prospective economic advantage, resulting from the use or misuse of this software.
For your convenience, Endeavors Media, Ltd may make available as part of the services or in its software products, tools and utilities for use and/or download. Endeavors Media, Ltd does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities.
Forums and Public Communications
Forum means a chat area, message board, instant messaging, mobile messaging or e-mail function (including, but not limited to, electronic greeting cards) offered as part of any Endeavors Media, Ltd Site. If you participate in any Forum within an Endeavors Media, Ltd Site, you agree to follow our terms set forth below.
You acknowledge that anything you submit to an Endeavors Media, Ltd Site by way of any Forum is routed through Endeavors Media, Ltd’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and features on Endeavors Media, Ltd Sites are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. Endeavors Media, Ltd cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
Users or visitors shall remain solely responsible for the content of their messages in the Forums. Endeavors Media, Ltd is not responsible for the content or opinions posted or sent by users in any Forum. You take responsibility for postings under your username and use the information provided in the Forums at your own risk. Endeavors Media, Ltd reserves the right to remove or edit content from any Forum at any time and for any reason although Endeavors Media, Ltd has no duty to do so.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. Endeavors Media, Ltd cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information.
If you participate in any Forum within an Endeavors Media, Ltd site, you agree not to do any of the following:
* Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that Endeavors Media, Ltd deems to be:
(a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking;
(b) bigoted, hateful, or racially offensive;
(c) vulgar, obscene, or sexually explicit (language or images); or that
(d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to:
(a) copyright, patent, trademark, or other proprietary rights;
(b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity;
(c) any confidentiality obligation;
* Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind,
* Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
* Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
* Engage in antisocial, disruptive, or destructive acts, including flaming, spamming, flooding, trolling, and griefing as those terms are commonly understood and used on the Internet;
* Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
* Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.
Additionally, you may use electronic greeting cards or mobile messaging for noncommercial purposes only. You must furnish your actual e-mail address or mobile phone number in order to send a card or message. Any business use, remailing, or other high-volume application is strictly prohibited. You are not permitted to send cards or messages using an automated program. Electronic greeting cards and mobile messages may not contain inappropriate language or images or copyrighted material (without the consent of the copyright holder) or encourage illegal activity. Electronic greeting cards and mobile messages that violate these guidelines will not be delivered.
Endeavors Media, Ltd reserves the right to remove any material, and if Endeavors Media, Ltd deems appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these Rules. Endeavors Media, Ltd also reserves the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the Forum.
Endeavors Media, Ltd also reserves the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using an Endeavors Media, Ltd site in violation of the law.
Disclaimer of Warranties
Endeavors Media, Ltd DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS WEBSITE IS MADE AVAILABLE AS IS, WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, Endeavors Media, Ltd MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE.
To the extent we have assigned to you an account through this web site, you are entirely responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You hereby indemnify, defend and hold Endeavors Media, Ltd and our affiliates, officers, directors, owners, agents, information providers, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions (or claims arising from your account). You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Limitation of Liability
IN NO EVENT WILL Endeavors Media, Ltd, AFFILIATES AND THEIR RESPECTIVE SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (THE REPRESENTATIVES) BE LIABLE TO YOU FOR CLAIMS AND LIABILITIES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO YOUR ACCESS OR USE OF THIS WEBSITE OR ITS CONTENTS, WHETHER AT LAW OR IN EQUITY. Endeavors Media, Ltd, AFFILIATES AND THEIR RESPECTIVE REPRESENTATIVES WILL NEVER BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOSS PROFITS, EVEN IF YOU HAVE NOTIFIED Endeavors Media, Ltd, AFFILIATE OR REPRESENTATIVE ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR ACCESS TO, OR USE OF, THIS WEBSITE OR ANY OF ITS CONTENTS, WHETHER SUCH DAMAGE CLAIMS ARE BROUGHT UNDER ANY THEORY OF LAW OR EQUITY.
Your access and use privileges of this Website and its Content are conditioned upon your adherence to these Terms and Conditions. Endeavors Media, Ltd has the right to deny you access and use of this Website and its Content if you violate (as Endeavors Media, Ltd may determine in his sole and absolute discretion) any provision of these Terms and Conditions. Endeavors Media, Ltd reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify and hold Endeavors Media, Ltd, Affiliates and their respective Representatives harmless from any claim or demand, including reasonable attorneys' fees, made by a third party in connection with or arising out of your access to, or use of, this Website or any of its Content in a manner other than as expressly authorized by these Terms and Conditions, your breach of these Terms and Conditions or your violation of applicable laws or any rights of any third party.
Except to the extent of additional terms imposed by different portions of this Website, these Terms and Conditions set forth the entire understanding between Endeavors Media, Ltd and you with respect to your access to, and use of, this Website and the Content and supersedes all prior or contemporaneous understandings regarding access and use.
In the event that any portion of these Terms and Conditions is ruled invalid or otherwise unenforceable, the remainder of these Terms and Conditions shall not fail on account thereof, and shall continue in full force and effect. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms and Conditions as possible.
Endeavors Media, Ltd's failure, in any instance, to exercise any of his rights under these Terms and Conditions will not constitute waiver of such right or any other rights under these Terms and Conditions.
Right to Modify
Endeavors Media, Ltd reserves the right to modify these Terms and Conditions and the Content of the Website at any time in Endeavors Media, Ltd's discretion. Your use of this Website after such changes are implemented constitutes your acceptance of the changes.
We may terminate your access to this web site immediately and without notice if in our sole discretion you fail to comply with any term or provision of these Terms and Conditions or any other term or condition of use posted on this web site. Upon termination of your use of this web site, you must cease use the web site and destroy all materials obtained from the web site and all copies of such materials. If you have any problems with this web site or your use of this web site or with these Terms and Conditions, your sole and exclusive remedy is to cease using this web site.
Contacting the Website
If you have any questions, about this Website, the practices of this Website, or your dealings with this Website, you can contact: email@example.com.