Terms and Conditions of Use
http://adinterax.com
Updated: February 4, 2004
Please read these terms carefully before using this site
Legal Notices
AdInterax, an assumed name of Fysix Corporation, a New York State corporation (herein collectively referred to as "AdInterax"), is a leader in Rich Media advertising technology. This Web site is provided by AdInterax for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site. No content at this site is provided as binding or definitive on or about AdInterax.
Use of this site in a manner or for a purpose not expressly authorized by this Agreement is strictly prohibited.
Limited License
Subject to the terms and conditions set forth in this Agreement, AdInterax grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
AdInterax authorizes you to view and download the information ("Materials") at this Web site ("Site") only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, AdInterax does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ADINTERAX DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ADINTERAX RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. ADINTERAX MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third Party Sites
As a convenience to you, AdInterax may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. AdInterax makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that AdInterax or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of AdInterax or any of its affiliates.
External Links to the Site
All links to the Site must be approved in writing by AdInterax, except that AdInterax consents to links in which: (i) the link is a text-only link containing only the name "AdInterax"; (ii) the link "points" only to http://adinterax.com and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by AdInterax nor be such as to damage or dilute the goodwill associated with the name and trademarks of AdInterax or its Affiliates. AdInterax reserves the right to revoke this consent to link at any time in its sole discretion.
Information Provided By You
Any personally identifiable information you may provide to AdInterax via this Site is protected by the Privacy Policy associated with this Site. AdInterax does not want you to, and you should not, send any confidential or proprietary information to AdInterax via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to AdInterax will not be considered confidential or proprietary. By providing any such information or materials to AdInterax, you grant to AdInterax an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that AdInterax is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to AdInterax. You further recognize that AdInterax does not want you to, and you warrant that you shall not, provide any information or materials to AdInterax that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Limitations of Damages
IN NO EVENT SHALL ADINTERAX OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF ADINTERAX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes
AdInterax reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.
AdInterax may terminate, change, suspend or discontinue any aspect of the AdInterax Site, including the availability of any features of the Site, at any time. AdInterax may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. AdInterax may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
International Users and Choice of Law
This Site is controlled, operated and administered by AdInterax from its offices within the United States of America. AdInterax makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a locations outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions.
Jurisdiction
All parties agree that any conflict or dispute arising out of or pertaining to, this Web site will not, and cannot, be brought to any courts outside of those within the geographical boundaries of the Albany, New York. Further, all parties are subject to the personal and exclusive jurisdiction of any courts within the geographical boundaries of Albany, New York.
This Agreement constitutes the entire agreement between AdInterax and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
User Information
AdInterax may use cookies to track use of this Web site. This information helps determine what areas in which users are interested and enables development of more informative content and the elimination of pages that are outdated or otherwise less attractive to visitors. To find out about AdInterax's collection and use of user information click here to review our Privacy Policy.
With the consent of a particular user, AdInterax may collect or accept personal information from Web users who access this Web site. Personal information submitted to AdInterax may be retained by AdInterax on its database. All persons who submit personal information agree and represent that the information is both accurate and timely.
Children
Unless accompanied by verifiable permission of a child's parent or legal guardian, AdInterax does not collect or accept personal information from individuals known to be children under the age of 13 who access this Web site.
User Privacy
AdInterax follows its own strict policy for the collection, retention and use of information about Web users. To review our Privacy Policy, click here.
Security and Confidentiality
No user can expect that use of this Web site will be confidential nor that communications with AdInterax will be either confidential or secure unless otherwise specified.
Consent to Monitoring and Disclosure
AdInterax has no duty or obligation to monitor communications or access in respect of this Web site. However, all parties agree that AdInterax retains the right to monitor communications or access if it deems necessary or desirable. Particularly, AdInterax may monitor if (1) it is done to protect the interests of AdInterax; (2) AdInterax is required to do so by lawful act of any government body; (3) it is done to protect the interests of the user or any third party.
No Unauthorized Access or Use
Any Web user has permission to review the content of this Web site, using an ordinary browser or similar means, in the manner such review is ordinarily made and plainly intended by AdInterax. No person or entity may make unauthorized use of this Web site or access it in any manner that AdInterax deems contrary to this Agreement.
In particular, use of this Web site to disrupt, control, alter, overload, rewrite, interrupt, deconstruct or reverse engineer this Web site or AdInterax equipment; or to represent, misrepresent, imitate or impersonate AdInterax; or to frustrate or obstruct AdInterax's goals and communications in any manner is recognized as a serious violation of this Agreement. Any entities or individuals, directly or indirectly, intentionally or unintentionally, responsible for such action or result, without regard to the degree of involvement of participation, agrees to be and shall be held jointly and severally liable for any and all damages or injuries that AdInterax deems to have resulted from such an act or consequence. Users who make unauthorized access to this Web site will provide remedy to AdInterax for such unauthorized access as AdInterax requires without regard to legal or equitable defenses or claims against third parties.
Intellectual Property
AdInterax vigorously defends its intellectual property rights. All content and information on this Web site is the property of AdInterax unless otherwise specified and is fully protected under the laws of the United States and other sovereign nations. AdInterax hereby claims, and is entitled to, the fullest extent of protection possible under the laws of any sovereign. Such protection includes, but is not limited to: trade secret law; duties of confidentiality and loyalty; limits imposed by contract; and, the law of trademarks, service marks, copyrights, patents and torts. By the terms of this Agreement, all parties agree that AdInterax will be regarded as enjoying such protection without regard to legal and equitable arguments that such protections should not apply.
Under the terms of this Agreement no party has the right to use, copy, download and otherwise display or transfer any of the intellectual property contained on this Web site except as provided herein or specifically permitted in a separate written contract with AdInterax.
This material may be used for personal, non-commercial use only and all intellectual property notices must be preserved on any copy of this Web site or any portion thereof. Other proprietary notices may appear on this Web site. No party may construe the presentation of materials or content on this Web site as a license of any kind unless otherwise specified in writing.
Intellectual Property of Others
Use of the intellectual property of others may be used on this Web site in accordance with fair use principles. Where this Web site makes fair use of the intellectual property of others, any Web user who misappropriates or otherwise infringes on those parties' rights agrees that such infringement is the responsibility of that user alone and that the user will indemnify AdInterax for any claims arising out of that Web user's actions.
The fullest copyright protection under U.S., foreign and international law is claimed by AdInterax for all content on this Web site. All parties agree to respect AdInterax's claim to such copyright protection. All copyrightable subject matter appearing on this Web site is protected by a copyright owned by AdInterax unless otherwise indicated. This material may be used for personal, non-commercial use only and all copyright notices must be preserved on any copy of this Web site or any portion of it. No party may construe the presentation of material on this Web site as a license of any kind unless otherwise specified.
As provided by the Digital Millennium Copyright Act, Title 17 U.S.C. Section 512(c)(2), Adinterax expressly provides ready means for advising or alerting Adinterax of actual or possible copyright infringement occurring on or through this Web site. To alert AdInterax of infringement by notifying AdInterax's Copyright Agent, click here.
Notice to the Copyright Agent must include: your name; description of the original work; description of the infringing work; location (URL) of the infringing work; your address, telephone number and email; statement that you have a good faith belief that the alleged infringement was not authorized. The notice must also include a sworn statement: that the information provided is accurate and true; that you are the owner or authorized agent of the original work; a signature, actual or electronic, of the owner or authorized agent.
Notice to the Copyright Agent may also be mailed to:
AdInterax
General Counsel
1223 Peoples Ave STE 4404
Troy, NY 12180
Trademarks
AdInterax has registered for and owns the "adInterax" mark with the United States for use as a service or trademark.
The foregoing and other marks are the property of AdInterax. These marks may be used only by AdInterax or by such parties that AdInterax may license or expressly authorize. No entity, individual or Web user is authorized to use any AdInterax trademarks without the express written content of AdInterax.
All names, logos, service marks and trademarks appearing on this Web site are the property of AdInterax unless otherwise specified.
Investor Information
No information on this Web site is to be relied upon by any investor. Any and all investments are the sole responsibility of the entity, individual or agency making the investment, which bears all risk for the outcome of the investment decision.
This Web site contains forward looking-statements regarding the intents, beliefs or current expectations of the Company or its officers with respect to various matters. These forward-looking statements are based on information currently available to the Company as of the date of this report and the Company assumes no obligation to update any such statements. It is important to note that these forward-looking statements are not guarantees of future performance and involve risks and uncertainties. The Company cautions readers that forward-looking statements including without limitation, those relating to the Company's future business prospects are subject to certain risks and uncertainties that could cause actual results to differ materially from those indicated in the forward-looking statements.
No advice or consultation is intended by the presentation of the material available at this Web site. All parties agree that AdInterax will not be held liable for the content at this Web site or for the consequences that may arise from any party's access to, use of or reliance upon that content.
AdInterax does not provide, and should not be inferred to offer, any warranty whatsoever of any kind, neither expressed nor implied, regarding the presentation of content at this Web site. All parties agree that any risks, responsibilities or consequences arising out of reliance upon the information at this Web site shall be borne entirely by the party so relying.
No part of this Web site is intended or should be construed as an offer, recommendation or solicitation to invest in AdInterax in any way. Investors must be especially mindful that they are wholly responsible for their own investment decisions without regard to the source, quantity or quality of any information that the investor may deem to rely upon in making an investment decision. No presentation or availability of information made by AdInterax from this Web site should be used in making such a decision nor be construed as a source of reliable information for such a purpose.
Indemnification
All parties agree that Web users will indemnify, defend and hold harmless AdInterax and its chairpersons, officers, agents, employees, partners and affiliates for any claims or disputes arising out of or involving, any party's access to or use of this Web site. Indemnification shall include any and all fees and costs associated with responding or answering any claims or assertions against AdInterax including, but not limited to: internal costs, agency fees, attorneys and experts, witnesses, document production and management, correspondence, travel, filing fees, employee pay and reimbursement.
Election of Defenses
No portion of this Agreement will be construed as limiting AdInterax's right to direct its own defense, including, but not limited to: selection of counsel, negotiation of settlements or election of strategies. At all times, the Web user's duty to indemnify AdInterax will remain unaffected by this provision and the user shall cooperate with AdInterax's efforts to assert defenses.
Section Titles
Sections of this Terms and Conditions of Use are organized and titled merely for convenient organization of the material herein and do not have any legal significance. All parties agree that no such significance be construed, inferred or effected.
No Waiver
Any failure on the part of AdInterax to enforce any of the terms of this Agreement is not a waiver of this Agreement or any portion of it. All parties agree that these terms shall be deemed in full effect even where AdInterax does not enforce the terms, whether by election or by oversight.
Violations
Violations of the terms of this Agreement may result in the refusal of your continued access to this Web site without notice. Violations may also result in AdInterax or another concerned party prosecuting civil or criminal remedies against you. All parties agree that AdInterax will not be held liable for any claims from or against any party arising out of that party's use of or access to this Web site or any violations of these terms. Such parties will indemnify and hold harmless AdInterax for any claims arising out of any such use or access.
Reporting Violations
Send reports of violations of this Agreement to:
AdInterax
General Counsel
1223 Peoples Ave STE 4404
Troy, NY 12180
|
