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Effective Date: November 1, 2007
AceOne Media™ Terms & Conditions
NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY
ACCESSING THIS WEBSITE, AND ANY PAGES THEREOF, YOU AGREE THAT YOU ARE AT LEAST
18 YEARS OF AGE HAVE READ AND UNDERSTAND AND AGREE TO COMPLY WITH, AND BE BOUND
BY, THE FOLLOWING TERMS AND CONDITIONS (THE “AGREEMENT”), AS WELL AS OUR
PRIVACY POLICY. CLICK
HERE TO VIEW OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS AGREEMENT IN
ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS AND/OR USE THIS WEBSITE, OR ANY
PAGES THEREOF.
aceonemedia.com™ is a proprietary
website, known as www.aceonemedia.com™ (the “Website”) is owned by AceOne Media™ Corporation (“AceOne™,” “we” or “us”). The Website is legally available only
to individuals who are 18 years of age or older, and who are legal residents of
the United States or
District of Columbia
.
1. Restrictions of Using aceonemedia.com™. This site is owned and operated by AceOne media™
Corporation and contains material which is derived in whole or in
part from material owned by AceOne Media corp. The material on this site is
protected by international copyright and trademark laws. You may not modify,
copy, reproduce, republish, upload, post, transmit, or distribute in any way
any material from this site including code and software without express permission
from AceOne Media corp. aceonemedia.com “registered users”/”members” may receive
valuable offers and promotions by selecting various offers from the site,
aceonemedia.com and by submitting their information, take advantage of various
offers and promotions offered by participating advertisers and partners via
email, postal mail or telephone; and complying with the terms of other offers
or programs from aceonemedia.com or other participating companies. aceonemedia.com
reserves the right to send registered users messages from time to time for
which they may not be rewarded. Such messages may include offer updates;
promotions; bulletins; announcements; special requests and other messages
("Administrative Messages")-and may be sent via email or regular
mail. Users can elect to stop receiving email by unsubscribing from the email
list.
aceonemedia.com reserves the right to limit offer signup enrollment at any
time.
2. Acceptance of Agreement. This Agreement, together with the Privacy
Policy and any Official Offer Rules and restrictions, constitutes the entire
agreement between AceOne™ and users of the Website, and supersedes any and all
prior or contemporaneous agreements, representations, warranties and
understandings, whether written or oral, with respect to your use of the
Website. We may amend this Agreement from time to time, in our sole discretion,
without specific notice to you. The most recent version of the Agreement will
be posted on the Website. Your continued use of the Website constitutes your
acceptance of all of the terms and conditions contained within the Agreement effective
at that time, as well as your acknowledgment of the reasonableness of these
standards for notice of changes. We encourage you to review the Website and
this Agreement periodically for any updates or changes. If you utilize the
Website in any manner inconsistent with this Agreement, AceOne™ may immediately
terminate, with or without notice, your access to, and/or block your future
access to, the Website and/or seek such additional relief available to us.
3.
Liability Limitations. aceonemedia.com™ shall not be
liable for any damages, whether direct, indirect, incidental, special, or
consequential, relating to the participation or inability to participate in the
offer or promotions offered by the merchants. some states do not allow the
limitation or exclusion of liability for incidental or consequential damages;
so the above limitation or exclusion may not apply to you. aceonemedia.com™
is not responsible for damages or losses that result from participating or
inability to participate in offers, or reliance on or use of information,
services, or merchandise provided on or through aceonemedia.com™. Registered
user acknowledges and agrees that aceonemedia.com™ neither endorses the
contents of advertisements or third parties' Web sites, nor assumes
responsibility or liability for the accuracy of material contained therein, or
any infringement of third party intellectual property rights arising therefom,
or any fraud or other crime facilitated thereby. aceonemedia.com™ is not
responsible and assumes no liability for changes or discontinuances of service
from providers which may affect offers or the promotions.
4. Description of Services. aceonemedia.com™ provides its
registered users with an opportunity to receive valuable offers and promotions
from participating Merchants whose products are featured in the
aceonemedia.com™ site. The Website is available only to individuals who
can enter into legally binding contracts under applicable law. Consistent with
the foregoing, the Website is not intended for use by individuals under
eighteen (18) years of age, and we do not knowingly gather or solicit
information from such users. If you are under eighteen (18) years of age, you
do not have permission to use the Website or register for any sweepstakes.
Unless explicitly stated otherwise, any future offer(s) made available to you
on the Website that augment(s) or otherwise enhance(s) the current features of
the Website shall be subject to this Agreement. You understand and agree that AceOne™
is not responsible or liable in any manner whatsoever for your inability to use
and/or qualify for AceOne™-sponsored products and/or services including, but not
limited to, any sweepstakes that may be available on the Website and/or any
associated functionality.
5.
Registration. To register for aceonemedia.com™, you must first complete
our online survey located at the Website. The information you must supply
during the registration process includes, but is not limited to: 1) full name;
2) email address; 3) state of residency; and 4) zip code (collectively referred
to as “Registration Data”). You agree to provide true, accurate, current and complete
Registration Data.
6. Termination & Cancellation. You agree that AceOne™, in its sole
discretion, may terminate this Agreement and/or suspend your registration (or
any part thereof) at any time, without notice to you, in the event that AceOne™:
1) reasonably believes that you are in breach of the Agreement; or 2)
reasonably believes that you have provided incomplete, inaccurate or untrue
Registration Data. If AceOne™ terminates this Agreement, or suspends your
registration for any of the reasons set forth in this Agreement, AceOne™ shall
have no liability or responsibility to you. You understand and agree that
cancellation of your registration is your sole right and remedy with respect to
any dispute with AceOne™.
7. License Grant. As a visitor to the Website, you are granted a nonexclusive,
nontransferable, revocable and limited license to access and use the Website
(and its associated content) in accordance with this Agreement. AceOne™ may
terminate this license at any time for any reason whatsoever. You may use the
Website and/or Services for your own personal, noncommercial use. No part of
the Website may be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical. You may not use, copy, emulate,
clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or
transfer the Website, Website content or any portion thereof. You may not use
any device, software or routine to interfere or attempt to interfere with the
proper working of the Website. You may not take any action that imposes an
unreasonable or disproportionate load on AceOne™ infrastructure. You may not use
any automated form of scraping or data extraction to access, query or otherwise
collect AceOne™-related information from the Website and/or Service. AceOne™
reserves any rights not explicitly granted in this Agreement.
8. Proprietary
Rights. The content, organization, graphics, design, compilation, magnetic
translation, digital conversion, software and other matters related to the
Website, Website content and/or any sweepstakes available at the Website are
the sole property of AceOne™
and are protected under applicable copyrights,
trademarks and other proprietary (including, without limitation, intellectual
property) rights. The copying, redistribution or publication by you of any part
of the Website is strictly prohibited. You do not acquire ownership rights to
any content, document, software, services or other materials viewed at or
through this Website. The posting of information or material at the Website by AceOne™
does not constitute a waiver of any right in such information and/or materials.
9. Third Party Websites. The Website and/or third parties may provide links to
other Internet websites and/or resources. AceOne™ is not responsible for the
content, terms and conditions and/or privacy policies on such websites. If you
choose to link to a website not controlled by AceOne™, AceOne™ makes no
warranties, either express or implied, concerning the content of such website,
including the accuracy, completeness, reliability or suitability thereof for
any particular purpose. AceOne™ does not warrant that such website or content
is free from any claims of copyright, trademark or other infringement or the
rights of third parties or that such website or content is free from viruses or
other contamination.
10. Privacy Policy. Use of the Website is subject to our Privacy Policy and
Official Contest Rules, which are hereby incorporated into and made a part of
this Agreement. We reserve the right to use all information regarding your use
of the Website and any and all other personally identifiable information
provided by you in accordance with the terms of our Privacy Policy.
Click Here to view our
Privacy Policy.
11. Indemnification. You agree to indemnify, defend and hold harmless, AceOne™
and its parents and subsidiaries, and each of their respective officers,
partners, members, managers, employees, agents and attorneys, against any and
all liabilities, claims, actions, suits, proceedings, judgments, fines,
damages, costs, losses and expenses (including settlement costs and/or
reasonable attorneys’ fees) arising from or relating to your use of the Website
and/or participation in any sweepstakes available at the Website, and any
material that you submit to or transmit through the Website, your violation of
this Agreement, your infringement or violation of the rights of another, or
termination of your access to the Website and/or Services.
12. Disclaimer of Warranties. THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS, AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARE DISCLAIMED
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPICABLE LAW (INCLUDING, BUT NOT
LIMITED TO, THE DISCLAIMER OF ANY WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT
OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, ACEONE™ MAKES NO WARRANTY THAT: 1)
THE WEBSITE WILL MEET YOUR REQUIREMENTS; 2) THE WEBSITE WILL BE UNINTERRUPTED,
TIMELY, SECURE OR ERROR FREE; AND 3) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE WEBSITE MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. ACEONE™ WILL NOT BE LIABLE FOR THE
AVAILABILITY OF ANY UNDERLYING INTERNET CONNECTION. ACEONE™ ASSUMES NO
RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY MESSAGES OR
PERSONALIZED SETTINGS. NO ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY A USER
OR MEMBER FROM ™ SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS
AGREEMENT.
13. Limitation of Liability. YOU AGREE THAT ACEONE ™ AND ITS PARENTS AND
SUBSIDIARIES, AND EACH OF THEIR RESPECTIVE OFFICERS, PARTNERS, MEMBERS,
MANAGERS, EMPLOYEES, AGENTS AND ATTORNEYS SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING
FROM THE USE OR INABILITY TO USE, OR THE INTERRUPTION, SUSPENSION OR
TERMINATION OF, THE WEBSITE, ANY SWEEPSTAKES AVAILABLE AT THE WEBSITE OR ANY
SERVICES OR INFORMATION OBTAINED ON OR THROUGH THE WEBSITE OR SERVICES, EVEN IF ™ AND ITS PARENTS AND SUBSIDIARIES, AND ANY OF THEIR RESPECTIVE OFFICERS,
PARTNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS AND ATTORNEYS HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE
EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES; IN SUCH STATES,
LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
14. Choice of Law. This Agreement shall be treated as though it were executed
and performed in New York, New
York and shall be governed by and construed in accordance with the
laws of the State of
New York
(without regard to conflict of law principles). Should a dispute arise
concerning the terms and conditions of this Agreement, or the breach of same by
either party hereto, the parties agree to submit their dispute for resolution
by arbitration before the American Arbitration Association in
New York City
, in accordance with the then
current Commercial Arbitration Rules of the American Arbitration Association.
Any award rendered shall be final and conclusive to the parties and a judgment
thereon may be entered in any court of competent jurisdiction. Nothing
contained herein shall be construed to preclude any party from seeking
injunctive relief in order to protect its rights pending an outcome in
arbitration. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable law
and the remaining portions shall remain in full force and effect. You agree
that you hereby waive any right to, and will not, participate in any class
action lawsuit related in any manner to the Website, sweepstakes and/or
Service. To the extent that anything in, or associated with, the Website,
sweepstakes or Service is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. NotwithAceonestanding the foregoing, to the extent
that anything contained herein is in any way inconsistent with the terms and
conditions of any sweepstakes’ Official Contest Rules posted on the Website,
the Official Contest Rules shall govern. Aceone™’s failure to enforce any
provision of this Agreement shall not be deemed a waiver of such provision nor
of the right to enforce such provision.
15. Legal Warning. Any attempt by any individual to damage, destroy, tamper
with, vandalize and/or otherwise interfere with the operation of the Website,
is a violation of criminal and civil law and Aceone™ will diligently pursue any
and all remedies against any offending individual or entity to the fullest
extent permissible by law and in equity.
16. Customer Service. You may contact aceonemedia.com™ customer service via e-mail at
customerservice@aceonemedia.com,
or by writing to .AceOne
Media, 5755 Granger Road, Independence, OH 44131.
17. Participation in Promotions of Advertisers and
Merchants. Registered user
's correspondence with or participation in promotions of aceonemedia.com™ advertisers and partners are solely between
corresponding registered user and the advertiser or partner. aceonemedia.com™
assumes no liability, obligation, or
responsibility for any part of any such correspondence or promotion, including
without limitation withdrawal or modification of any offer or promotion.
Registered user understands that, in some cases, there may be delay in the
crediting offers and promotions of advertisers or partners due to advertiser's
or partner's failure to provide necessary information to aceonemedia.com™ for such offers or promotions. aceonemedia.com™ will not be responsible or liable for the delay
or failure to credit offers or promotions in such event.
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