Your use of this site and your relationship with Big Radio Midgets/The Advertising Show (collectively referred to as "Company") and any of its information providers is subject to the following terms and conditions and all guidelines or rules that may be posted from time to time on the site. These terms and conditions may be updated by us from time to time without notice to you.
You can review the most current version of the terms and conditions posted at any time at www.theadvertisingshow.com.
By using this site after any change is posted, you agree to be bound by all of the changes as well. If the user is not an individual, then "you" means your company, its officers, members, agents, successors and assigns. The site is available only to users authorized to form legally binding contracts under the laws of the United States of America and the country, state and/or territory in which the Company has its principal place of business. Without limiting the foregoing, the site is not available to (a) minors, (b) nationals or residents of any country restricted by the United States Government, or (c) any party identified on the list of Specially Designated Nationals maintained by the United States Treasury Department or the Table of Denial Orders maintained by the United States Department of Commerce, as such restricted countries, lists and orders may be amended or modified from time to time by the United States Government. If you do not qualify, please do not use the site.
1) Ownership. . All rights in the software and technology related to the site, including, without limitation, all HTML code, Java applets, graphics, icons, wallpaper, characters, artwork and text related to or contained in the Web Site (collectively, the "Technology"), any downloaded Technology and the Trademarks (as defined herein) are reserved by Company. Company may, at any time and in its sole discretion, add, delete or change the site and any of the services provided by or through the site without notice or obligation.
2) Information. Not all of the services and products mentioned in this site are available in every state. You acknowledge that the information within this site has been prepared for informational purposes only and is not an offer to buy or sell, or a solicitation of an offer to buy or sell, any security or instrument or to participate in any particular investment or trading strategy. If you wish to learn more about information contained on the site, please contact Company directly. Company and its information providers do not represent or warrant the accuracy, timeliness, reliability, or completeness of any of the posted information. Prior to acting on any of the posted information you agree to undertake a complete due diligence review to independently satisfy yourself as to the validity, appropriateness or legality of such action. For legal reasons, we cannot nor do we try to control the information provided by other companies that are linked to the site, advertisers or any participants at the site which is made available through our system. By its very nature, other people's information, whether a site participant or some other third party's may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution -- and common sense -- when using our site.
3) Conduct. You agree (i) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on Company's infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; (vi) not to use any device, software or routine to bypass Company's robot exclusion headers, or to interfere or attempt to interfere with the proper working of the site, and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You agree not to use the services available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site.
4) Access and Interference. The site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy Company's web pages or the content contained herein without the prior expressed written permission of Company. Much of the information on Company's site is updated on a real time basis and is proprietary or is licensed to Company by its users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from Company's site without the prior expressed written permission of Company or the appropriate third party.
5) Copyright Infringement. Company maintains a special e-mail address for notifications of claimed infringement concerning materials.
All correspondence should be addressed to Company's agent for notice of claimed infringement under 17 U.S.C.A. §512 at the following address:
Notification of Claimed Infringement
Attn: Legal Department
APD Productions/The Advertising Show Corp.
6363 Woodway, Suite 300
Houston, TX 77057
Phone: (713) 273-6575
Fax: (713) 783-0868
Or via email to: firstname.lastname@example.org
You may contact Company with complaints regarding allegedly infringing posted material and Company will investigate those complaints. If the posted material is believed in good faith by Company to violate any applicable law, Company will remove or disable access to any such material and Company will notify the posting party that the material has been blocked or removed in accordance with its copyright infringement policy. For more details on this process, including information to include in the notice, please contact the Company.
6) Copyrights. The copyright in all material provided on this site is held by Company or by Company's licensors. You acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through this site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of Company or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Company does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this site. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Company or the copyright owner. You may not use the site or modify, perform, create derivative works from or reverse engineer any of the Technology except as expressly permitted by this agreement. However, you may print a copy of the information on this site for your personal, non- commercial internal use or records. In so doing, you agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give you any ownership rights in the information and terminates automatically if you breach any of these terms or conditions. If you make any other use of this site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.
This site allows you to access stories, articles or other material, including but not limited to text, images, and other multimedia data that have been distributed by a third party. As a condition to allowing you to access such content, you agree, in addition to other terms of this agreement, that the third party and its information providers retain all proprietary right, title or interest, including copyright, in the content. You further agree that you will not copy nor license, sell, transfer, make available or otherwise distribute such content to any entity or person.
7) Trademarks. The trademarks, service marks, and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of Company and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site, without the written permission of the Trademark owner. Company aggressively enforces its intellectual property rights to the fullest extent of the law. The names APD PRODUCTIONS, THE ADVERTISING SHOW, and ADVERTISING INTELLIGENCE FOR YOUR BUSINESS may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission. Company prohibits use of the Trademarks as a metatag or as a "hot" link to any Company site unless establishment of such a link is approved in advance by Company in writing. If you have any questions regarding any Trademarks on the site, please contact Company.
8) Links. This site may provide links to other Internet sites. Company is not responsible for the availability of such other sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites. Links to external web sites do not constitute an endorsement by Company of those sites or the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Further, Company reserves the right to terminate any link or linking program at any time. Company does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that Company 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 information, goods or services available on or through any such site. If you decide to access any of the third party sites linked to this site, you do this entirely at your own risk.
9) NO WARRANTIES. THIS SITE, ALL INFORMATION, GOODS AND SERVICES OBTAINED THROUGH THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE IS PROVIDED ON AN "AS IS" BASIS FROM COMPANY. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR INFORMATION WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10) LIMITED LIABILITY. COMPANY AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO $100 IN THE AGGREGATE.
11) Indemnity. You shall indemnify, defend, and hold harmless Company and its licensors, their respective shareholders, affiliates, employees, agents, successors, directors, officers, and assigns, (collectively referred to as "Company Indemnitees") from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from (a) your use of the information available at this site, (b) your failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad) or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject goods and services, (c) your use of the content available on this site in any way contrary to this agreement (d) your breach of any of your representations, warranties or obligations set forth in this agreement, (e) the sale, purchase, transportation, delivery, use or disposal of products and services purchased by you, or any loss suffered by or harm to any person or property in any way relating to of caused in whole or in part by the products or services sold or purchased by you (including, without limitation, any personal injuries or death of any third person caused in whole or in part by such products or services, the use, transportation, delivery, storage, handling or release thereof), (f) any taxes attributable to the products and services or due on the purchase, sale, transportation, use or disposal of the products and services, (g) any dispute between you and a Supplier or Buyer arising out of a transaction initiated on the Exchange, (h) alleged errors or omissions or misrepresentations in the information provided by you to Company hereunder or in the listings of products or services; in each case, regardless of whether such losses result directly or indirectly from Company's negligence.
12) Monitoring. You acknowledge that Company or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site. Company, in its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which Company deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this site will be prosecuted to the full extent of the law.
14) General. This site is created and controlled by Company in the State of Texas and the laws of Texas govern this agreement without giving effect to any principles of conflicts of laws, and you and Company agree to submit to the exclusive personal jurisdiction of the courts of Harris County in the State of Texas. Any waiver or amendment of any right or provision of this agreement will be effective only if signed by Company and the failure of Company to exercise or enforce any term or condition shall not constitute a waiver of such right or provision. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this agreement shall remain in full force and effect. Company reserves the right to make changes to this site and this agreement at any time. You and Company are independent contractors, and no agency, partnership, joint venture or other relationship between you and Company is intended or created by this agreement.