TERMS and CONDITIONS
This is a legal agreement between You and Vertis, Inc. Carefully read all the terms and conditions of this agreement. If you do not agree to these terms and conditions, contact us at 1-888-593-5400 to have your membership cancelled.
USE OF SITE
As a visitor to the Site, you are free only to browse and view the Site. You agree not to use, reproduce, duplicate, copy, sell, rent, resell, download or otherwise exploit the Site or any portion of this Site for any purpose that is not expressly permitted by Vertis.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Vertis respects the intellectual property of others, and requests that its content partners and those posting to the Site to do the same. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
1. your name, address, telephone number, and email address;
2. the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. an identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. an identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vertis to locate the material;
5. information reasonably sufficient to permit Vertis to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted, and
6. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notice of claims of copyright infringement on this site can be reached as follows:
Attn: Daniel Piedra
2004 McGaw Avenue
Irvine, CA 92614
This contact information is only for reporting copyright infringement. Contact information for other matters is found below.
Vertis may permit, or third parties may provide, links to their World Wide web sites or resources. Because Vertis has no control over such sites and resources, you acknowledge and agree that Vertis is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising products or other materials on or available from such sites or resources. You further acknowledge and agree that Vertis is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of any such site or resource. You further acknowledge and agree that Vertis shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods, services or materials available on or through any such site or resource.
You agree that Vertis, in its sole discretion, may terminate your access to and/or use of the Site at anytime, and without notice. Further, you agree that Vertis shall not be liable to you or any third party for any termination of your access to and/or use of the Site.
You acknowledge and agree that all images, templates and other information and material found on the Site and all intellectual property rights relating thereto are owned by either Vertis or third parties and contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that all images, templates and other information and material found on the Site are protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws.
VERTIS™, THE SPECDEPT.COM™, and other Vertis logos and product and service names are proprietary trademarks of Vertis, its subsidiaries and affiliates (the "Marks"). In addition, Vertis licenses from third parties the rights to use their marks on its products ("Third Party Marks"). You agree not to display or use either the Marks or the Third Party Marks in any manner.
Vertis. If you receive a claim that the use of the Site or any item of the Site (collectively referred to as “Site Content”) as provided for in this Agreement, infringes a U.S. patent, copyright, or other intellectual property right, Vertis will at its own expense and option
(1) settle or defend against such claim;
(2) procure for you the right to use the Site Content as provided for in this Agreement;
(3) modify the Site Content or replace or modify such item of the Site Content to avoid infringement; or
(4) remove the infringing item and refund the fee or payment for such item. Provided such timely notice has been give by you, should any court of competent jurisdiction hold the use, as provided for in this Agreement, of the Site Content consisting of or derived from the Ad Templates, Special Section Covers, Business Builders or Graphics portions of the Site to constitute infringement, we will pay any costs and damages finally awarded on account of such infringement and, if the use, as provided for in this Agreement, of such Site Content consisting of or derived from the Ad Templates, Special Section Covers, Business Builders or Graphics portions of the Site is enjoined, we will take, at our option, one or more of the actions described in Items 2 through 4 of this Section. With respect to any item of the Site Content or part of the Site Content from any other portion of the Site, only the indemnity, if any, given by the developer will apply and we will have no obligation of indemnification with respect thereto, unless such infringement solely relates to your viewing of such Site Content as provided in this Agreement. The foregoing indemnity will not apply to use of the Site Content outside the scope of this Agreement. The remedies in this Section constitute your sole and exclusive remedies and our entire liability with respect to infringement. To receive the foregoing indemnity, you must notify Vertis in writing of a claim or suit promptly and provide reasonable cooperation and full authority to defend or settle the claim or suit. Vertis shall not have any obligation to indemnify you for any settlement made without our written consent.
Vertis makes no representation that the Site is appropriate or available for use in locations outside the United States. Accessing the Site from territories where the Site may be illegal is prohibited. If you chose to access and/or use the Site from locations outside the United States, you are responsible for compliance with local laws.
Notice to Vertis should be mailed to Vertis, Inc., 2004 McGaw Avenue, Irvine, CA 92614Attention: Daniel Piedra, Product Manager
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED "AS-IS" AND VERTIS ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE SITE INCLUDING BUT NOT LIMITED TO THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA. VERTIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) VERTIS MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE AD TEMPLATES ARE DESIGNED TO COMPLY WITH ANY LOCAL, STATE OR FEDERAL RULES, LAWS OR REGULATIONS, FOR EXAMPLE AND NOT BY WAY OF LIMITATION, COMPLIANCE WITH LAWS RELATED TO FONT TYPE SIZE OF LEASE LANGUAGE IN AUTO AD TEMPLATES, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (v) ANY DEFECTS OR ERROS WILL BE CORRECTED; OR (vi) THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE (AUTHORIZED OR UNAUTHORIZED) IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
LIMITATIONS OF LIABILITY
YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL VERTIS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM ITMES THAT INCLUDE BUT ARE NOT LIMITED TO: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF VERTIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.