This is an agreement between you ("you" or "yours") and Directory52.com ("Directory52.com," "Directory52,"the Directory52 Network", "we," or "ours") that governs your use of the Directory52.com Web site ("Site" or "Web sites")." When you access or use the Site in any way you agree to be bound by these Terms and Conditions ("Terms"). Please read this Visitor Agreement; by using this service you accept its terms as well as any additional terms or conditions presented to you during the course of your use of our service.
CHANGES:Because of the nature of internet marketing and advertising, we may periodically change the Terms and the Site without notice, and you are responsible for checking these Terms periodically for revisions. All amended Terms become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to the changes. We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others.
|HOW YOU MAY USE OUR RESEARCH - INTELLECTUAL PROPERTY RIGHTS|
|We use a diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation and other Research and effects on the Directory52.com Web site. We provide the information, content or advertisements (which we collectively call the "Research") on the Directory52.com site FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY.|
|Accordingly, You may view, display and print the Research found on Directory52.com Web sites for internal, noncommercial, informational purposes only. You are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to the Directory52.com Web site. You may not use the Directory52.com Web sites to compile a collection of listings, including a competing listing product or service. You may not distribute copies of materials found on this website in any form (including by email or other electronic means) without prior written permission from the owner. You may not use the Site or any Research for any unsolicited commercial e-mail. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Research or the products, services, processes or technology described therein. All such rights are retained by Directory52.com, its subsidiaries, parent companies, and/or any third party owner of such rights. The materials available through this website are the property of Directory52 and our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws.|
Your License to Us. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this website, such as any blogs, forums or news channels, you agree that we (including our partners, agents, affiliates and service providers (collectively, "Third Party Providers"), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose.
|You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.|
Links.We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us.
No Framing.You may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property.
HOW YOU MAY USE OUR MARKS. The Directory52 and Directory52.com company names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from Directory52.com LLC or its wholly-owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Research or this site must bear any copyright, trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any Directory52.com name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Directory52.com LLC. Requests for authorization should be made to Snail Mail.
INTELLECTUAL PROPERTY COMPLAINTS. We do not make it our responsibility to monitor the use of trademarks, copyrights or other rights of third parties. We may, however, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action against users, members or other third parties who infringe the copyright rights of others. Therefore, if you reasonably believe that any Research on this Site contains unauthorized reproductions of your copyrighted work or trademarks, or links to sites containing unauthorized reproductions of your copyrighted work or trademarks, and you want us to take any action, then you must provide the following information to us (as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512):
HOW WE MAY USE INFORMATION YOU PROVIDE TO US OR USERS ON THE NETWORK: We assume no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
Weekly Newsletters.If a user wishes to subscribe to our newsletter (powered by Zoom Email Marketing), we ask for contact information such as name and email address. Out of respect for our users privacy we provide a way to opt-out at the bottom of these communications.
We may provide a variety of services on this website through which you can directly interact with others, such as email services, blogs, forums user-submitted advertising, and other public posting areas ("Communications Services"). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.
We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of our website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our website, our customers, the public or Directory52 and its employees, agents, partners and affiliates.
We reserve the right to deny access to any Communications Service to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
We will comply with the requirements of the law regarding disclosure of any messages to others, and we may disclose messages in response to requests from law enforcement agencies without prior notice to the affected Communication Service user.
Specific Prohibited Uses.Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:
Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $7 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
Viruses. Because of the volume of email messages sent by us and users of this website, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.
LIMITATION OF LIABILITY.IN NO EVENT SHALL Directory52.com BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER'S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF Directory52.com ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE Research OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY SITE. Directory52.com DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE. THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
MONITORING OF Research TRANSMITTED BY YOU.Changes may be periodically incorporated into this Site. Directory52.com may make improvements and/or changes in the products, services and/or programs described in these Sites and the Research at any time without notice.
We are under no obligation to monitor the material residing on or transmitted to this Site. However, anyone using this Site agrees that Directory52.com may monitor the Site contents periodically to (1) comply with any necessary laws, regulations or other governmental requests; (2) to operate the Site properly or to protect itself and its users. Directory52.com reserves the right to modify, reject or eliminate any material residing on or transmitted to its Site that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.
DELETIONS FROM SERVICE.Directory52.com will delete any Research at the request of the user who submitted the Research or at the request of an advertiser who has decided to "opt-out" of the addition of Research to its advertising, including, but not limited to ratings and reviews provided by third parties. Directory52.com reserves the right to delete (or to refuse to post to public forums) any Research it deems detrimental to the system or is, or in the opinion of Directory52.com, may be, defamatory, infringing or violate of applicable law. Directory52.com reserves the right to exclude Material from the Site. Research submitted to Directory52.com for publication on the Site may be edited for length, clarity and/or consistency with Directory52.com Editorial Standards.
INDEMNIFICATION.You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.
MISCELLANEOUS.These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in DeKalb County, Georgia. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. You are responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
These Terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms.
Any waiver of any provision of the Terms will be effective only if in writing and signed by you and Directory52.com. Directory52.com reserves the right to investigate complaints or reported violations of these Terms and to take any action we deem necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted Research, IP addresses and traffic information. Directory52.com reserves the right to seek all remedies available at law and in equity for violations of these Terms.
Entire Agreement.This Agreement constitutes the entire agreement between you and us with respect to the subject matter of this Agreement and supersedes all prior written and all prior or contemporaneous oral communications regarding such subject matter. Accordingly, you should not rely on any representations or warranties that are not expressly set forth in this Agreement. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Except as provided in Section 1, this Agreement may not be modified except by writing signed by you and us; provided, however, we may change these terms and conditions at any time - with these effective with respect to any Advertising Products ordered after written notice of such revised terms to you or, if earlier, posting of such revised terms and conditions on our Web site. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
We invite you to send in your questions or comments about this website, or to bring to our attention any material you believe to be inaccurate by sending an email to webmaster [at] thedirectory52network.com. Effective Oct. 22, 2010