Legal
COPYRIGHT, LEGAL, and LICENSE INFORMATION
Copyright © 1998 - 2007 MarketingCentral, L.L.C., All Rights Reserved.
Use of Web Site Information: You may download, view, copy and print documents and graphics incorporated in these documents (the "Documents") from this Web site subject to the following: (1) the Documents may be used solely for personal, informational, non-commercial purposes; and (2) the Documents may not be modified or altered in any way. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the prior written permission of MarketingCentral, L.L.C..
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TRADEMARK INFORMATION
MarketingCentral® is a registered trademarks of MarketingCentral, L.L.C.. Post,Proof,Approve, Post,Proof, Marketing Operations Center, and Agency Central are trademarks of MarketingCentral, L.L.C.. All other company, product or service names referenced in this Web site are used for identification purposes only and may be trademarks of their respective owners.
LINKS TO THIRD PARTY SITES
This Web site may contain hyperlinks to Web sites controlled by parties other than MarketingCentral, L.L.C.. MarketingCentral, L.L.C. is not responsible for and does not endorse or accept any responsibility over the contents or use of these Web sites.
WARRANTIES AND DISCLAIMERS
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED ON THIS WEB SITE MAY BE OUT OF DATE OR INCLUDE OMMISSIONS, INACCURACIES OR OTHER ERRORS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND MarketingCentral, L.L.C., ALL INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MarketingCentral, L.L.C. HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MarketingCentral, L.L.C. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE. MarketingCentral, L.L.C. RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THIS WEB SITE OR THE PRODUCTS OR PROGRAMS DESCRIBED IN THIS WEB SITE AT ANY TIME WITHOUT NOTICE.
GOVERNING LAW AND JURISDICTION
This Web site is controlled by MarketingCentral, L.L.C. from its offices in Atlanta, Georgia, United States of America. All matters relating to your access to, or use of, this Web site shall be governed by U.S. federal law or the laws of the State of Georgia. Any legal action or proceeding relating to your access to, or use of, this Web site shall be instituted in a state or federal court in Atlanta County or Gwinnett County, Georgia. You and MarketingCentral, L.L.C. agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
You may not access, download, use or export the information, software, products or services contained on this Web site in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Written notification must be submitted to the following Designated Agent:
MarketingCentral, L.L.C.
Attn: Corporate Counsel
15 Technology Parkway South
Norcross, GA 30092
To be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 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; 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider 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; A statement that the Complaining Party has 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; and A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Upon receipt of the written Notification containing the information as outlined above:
Service Provider shall remove or disable access to the material that is alleged to be infringing; Service Provider shall forward the written notification to such alleged infringer ("Subscriber"); Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material. Counter Notification: To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:
A physical or electronic signature of the Subscriber; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person Upon receipt of a Counter Notification containing the information as outlined above:
Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification; Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days; Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.
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