YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE
Overview of the Web Site
The Web Site provides an opportunity for marketing service companies to submit Site Content, including information about their firm, which information will be available for viewing by registered users. Some basic information about a marketing service company will be available to all registered users ("Basic Content"). Other information will be available only to registered and paid members ("Premium Content"). Marketing service companies will also be able to submit examples of their work, such as graphic files and videos, the rights to which may be owned by a third party (such as the marketing firm's client) ("Third-Party Content"). Third-Party Content is available only as Premium Content unless otherwise specified by Agency ComPile.
License to Web Site and Site Content
You use the Web Site and rely on any Site Content at your own risk. Site Content may contain data, claims of experience, statements, opinion or other information from various marketing services companies, information providers and content providers. Agency ComPile does not represent or endorse the accuracy or reliability of any Site Content. Neither Agency ComPile nor its affiliates, nor any of their respective agents, employees, information providers or content providers shall be liable to any User or anyone else for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any Site Content, regardless of cause, for any damages resulting thereof.
You agree to (a) provide accurate, current and complete information about you as requested by any registration forms on the Web Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Agency ComPile, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Agency ComPile. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Agency ComPile does not permit a) anyone other than you to access or use Site Content by using your name or password; or b) access Site Content through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Agency ComPile immediately by emailing firstname.lastname@example.org
If You are a marketing services company, You also agree to (a) confirm that you are authorized to provide Registration Data as it relates to your company; (c) not enroll your company under false pretenses; (d) maintain and promptly update the Registration Data, and any other information you provide to Agency ComPile, and that you will respond in a reasonable length of time to our mail, email or telephone requests to do so; (f) keep all Registration Data accurate, current and complete; and (g) accept all risks of unauthorized access to the Registration Data and any other information you provide to Agency ComPile.
You may be required to pay membership fees to access Premium Content. You agree to pay the membership fees as set forth on the Web Site at the time you accept this Agreement. Failure to pay a membership fee will be a material breach of this Agreement.
No Recommendation or Endorsement
Our goal is to provide relevant and informative information and materials available to you about marketing services companies. We do not recommend any of the companies profiled on the Web Site or any third party represented on or linked to from the Web Site, and we make no representations about the quality of their work or the accuracy or reliability of any of the information provided by them on the Web Site.
You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in any Site Content you provide to the Web Site.
Rights to Site Content
You hereby grant Agency ComPile permission to display your Site Content on the Web Site and on affiliated web sites owned by Agency ComPile. Agency ComPile acknowledges that the Agreement is not an assignment of any rights in the Site Content to Agency ComPile. Agency ComPile will disable access to your Site Content on expiration or termination of this Agreement.
Access to Site Content
- Premium Content
Premium Content that you submit to the Web Site will be viewable only by You and by registered marketers with access to Premium Content. We will use commercially reasonable efforts to keep Your Premium Content confidential from other marketing service companies.
- Basic Content
Basic Content will be viewable by all registered users. Basic Content is not considered confidential and Agency ComPile is under no obligation to treat such Basic Content as proprietary information. Without limiting the foregoing, Agency ComPile reserves the right to use the Basic Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Agency ComPile shall have no duty to attribute authorship of Basic Content to you, and shall not be obligated to enforce any form of attribution by third parties.
- Third-Party Content
You represent and warrant that you have the right to reproduce, publicly display, and authorize Agency ComPile to reproduce and publicly display, any Third-Party Content that you submit or post to the Web Site.
Prohibited Site Content
You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Web Site any Site Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Constitutes, encourages or provides instructions for a criminal offense, violate the rights of any party, or that otherwise creates liability or violates any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- Infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Constitutes unsolicited promotions, political campaigning, advertising or solicitations;
- Discloses private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Constitutes viruses, Trojan horses, worms, corrupted data or other harmful, disruptive or destructive files;
- Is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
- In the sole judgment of Agency ComPile is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Web Site, or which may expose Agency ComPile or its affiliates or its users to any harm or liability of any type.
Agency ComPile takes no responsibility and assumes no liability for any Site Content posted, stored or uploaded by you or any third party, including other Users, or for any loss or damage thereto, nor is Agency ComPile liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Agency ComPile is not liable for any statements, representations or Site Content provided by its Users. Although Agency ComPile has no obligation to screen, edit or monitor any of the Site Content posted to or distributed through the Web Site, Agency ComPile reserves the right, and has absolute discretion, to remove, screen or edit without notice any Site Content posted or stored on the Web Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Site Content you post or store on the Web Site at your sole cost and expense.
No Monitoring of Postings
Copyright, Trademark, and Other Intellectual Property Rights
The entire contents of the Web Site are copyrighted as a collective work under the United States and other copyright laws. We hold the copyright in the collective work. However, the collective work may include works which are the property of Users, their clients, our licensors and information providers, and other third parties. These works are also protected by copyright and other intellectual property laws. You may not download, copy, distribute, publish, modify, create derivative works of or transmit any of the information or materials available on or through the Web Site without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from any materials on the Web Site. Except as otherwise indicated, the Web Site and all Site Content are the property of Agency ComPile or its licensors or users and are protected by U.S. and international copyright laws.
"Agency ComPile", other company names or slogans displayed on the Web Site are registered and/or common law trademarks of Agency ComPile and/or its suppliers, licensors, or Users, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Agency ComPile or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Agency ComPile and may not be copied, imitated or used, in whole or in part, without the prior written permission of Agency ComPile. All other trademarks, product names and company names or logos mentioned in the Web Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Agency ComPile.
Copyright Complaint Policy
If you believe in good faith that any Site Content infringes your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Agency ComPile that you believe your copyrighted material has been infringed.
Please provide the following information in the following format (including Section Numbers):
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Web Site, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on this website should be emailed or mailed to:
Pile and Company
Attn: Legal Department
179 Lincoln St
Boston, MA 02111
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
Agency ComPile may, at its sole discretion, terminate the accounts of or limit access to the Web Site or Site Content by any Users, members or account holders who infringe any intellectual property rights of others.
Third-Party Content may appear on this Web Site or may be accessible via links from this Web Site. Agency ComPile shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any Third-Party Content appearing on this Web Site. You understand that the information and opinions in the Third-Party Content is neither endorsed by nor does it reflect the belief of Agency ComPile.
This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Agency ComPile is not responsible for and does not represent or warrant any aspect of any advertisers' or sponsors' materials appearing on the Web Site, or for the acts or omissions of advertisers and sponsors.
Hyperlinks to the Web Site
You are granted a limited, non-exclusive right to create a hyperlink to the Site, provided such link does not portray Agency ComPile or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Agency ComPile logo or other proprietary graphic of Agency ComPile to link to the Site without the express written permission of Agency ComPile. Further, you may not use, frame or utilize framing techniques to enclose any Agency ComPile trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Agency ComPile's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Agency ComPile or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any patent, trademark, copyright or other proprietary right of Agency ComPile or any third party without the prior written permission of Agency ComPile or such other party that may own such patent, trademark, copyright or other proprietary right(s).
Term and Termination
The term of this Agreement is determined based upon your particular membership plan.
Either Party may terminate this Agreement without cause on thirty days written notice to the other Party. If Agency ComPile terminates this Agreement without cause, Agency ComPile will refund to You the remaining portion of Your membership fee, if any.
Upon termination of your membership for any reason, your obligation to pay any future membership fees is terminated. Immediately upon expiration or termination of this Agreement Agency ComPile may remove or disable access to any Site Content that you posted or provided.
DISCLAIMER OF WARRANTIES
THIS WEB SITE AND THE SITE CONTENT ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. AGENCY COMPILE DOES NOT REPRESENT OR WARRANT THE ACCURACY OF ANY SITE CONTENT. AGENCY COMPILE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AGENCY COMPILE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS WEB SITE, THE CONTENT, OR ANY PORTION THEREOF, (D) YOUR USE OF THIS WEB SITE OR THE CONTENT, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE OR THE CONTENT.
LIMITATION OF LIABILITY
AGENCY COMPILE SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, YOUR USE OR RELIANCE ON AY SITE CONTENT, THE INTERACTIVE AREAS OF THIS WEB SITE OR ANY FACTS OR OPINIONS APPEARING ON OR THROUGH THE WEB SITE. AGENCY COMPILE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE OR THE SITE CONTENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE,AGENCY COMPILE'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
Remedies for Violations
Before You may commence any legal proceeding against Agency ComPile for breach of this Agreement or any other legal claim, you must participate in a mandatory mediation session. The mediation session will occur at the location of Agency ComPile's choice. You and Agency ComPile will jointly select a single mediator to mediate the dispute.
© 2013 Pile and Company. All Rights Reserved.