You shall not use the Web site(s) for any illegal purposes, and you will use it in compliance with all applicable laws and regulations. You shall not use the Web site(s) in a way that may cause the Web site(s) to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Web site(s) is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Web site(s).
This Agreement shall remain in full force and effect while you use the Web site(s). You may terminate your registration at any time, for any reason, by unsubscribing directly from your newsletter. We may terminate your registration for any reason and at any time, effective upon sending notice to you at your registered email address. Even after registration is terminated, this Agreement will remain in effect as between us with respect to your use of the Web site(s). This Agreement may change from time to time as provided herein.
- Personal Use
The Web site(s) is for the personal use of our Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the authorized management of American Marketer. Illegal and/or unauthorized use of the Web site(s), including collecting user names by electronic or other means for the purpose of, among other acts, sending unsolicited email or unauthorized framing of or linking to the Web site(s) is not permitted. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from personal profiles without notice. Appropriate legal action will be taken by us for any illegal or unauthorized use of the Web site(s).
- Errors and Inaccuracies
3.1 We strive to provide complete, accurate, up-to-date information on the Web site(s). Unfortunately, despite our best efforts, human or technological errors may occur. The Web site(s) may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of our products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
3.2 You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of services and/or products offered on the Web site(s).
3.3 If YOU BELIEVE THAT a SERVICE OR product offered by US is not as described, your sole remedy is to return it TO US FOR A REFUND.
4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Web site(s) (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Web site(s) or any portion of it.
4.3 The Web site(s) is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Web site(s) or because of a failure, suspension or withdrawal of all or part of the Web site(s).
- Services Offered
Nothing on the Web site(s) constitutes a binding agreement to offer services or products described on the Web site(s) or to make such services or products available in your area.
- User Generated Content, Comments and Sharing of Opinions
6.1 We require you to subscribe and use your real first name and last name, along with a legitimate email address to post comments in the Comments section of articles on American Marketer.
6.2 You are solely responsible for the content, including but not limited to debate(s), video, comments, images, voice, audio, photos, personal profiles, information and photographs contained in personal profiles, and messages to other registered users that you publish or display on the Web site(s) or any material or information that you transmit to other registered Users (individually or collectively, “Content”). All Content posted as commentary to an article should contain factual and legally defensible information, respecting the copyrights and trademarks of the sources cited. You must have the legal right to upload any Content, ensuring that it does not violate any laws or rights of any individual.
6.3 Please contact email@example.com if you suspect that someone has unauthorized access to your username and password and has accessed such to post Content.
6.4 Content posted and approved do not indicate or reflect the American Marketer service’s opinion. They are solely the opinion and point of view of the commentator whose Content has been approved for publication. Approval of reader comments is not indicative of our service’s approval of that commentator’s point of view or opinion. They are solely legally liable for their opinion that is posted on the American Marketer service.
6.5 American Marketer is not responsible for you taking any actions based on comments and opinions approved and posted to articles. You are solely responsible for your own decisions. Please treat such commentary and messages with the due skepticism and with caveat emptor.
6.6 You must use the Web site(s) in a manner consistent with any and all applicable laws and regulations.
6.7 You may not share, publish, abuse, harass or post others’ private, confidential information;
6.8 You represent and warrant that: (i) you own the Content posted and/or transmitted by you on the Web site(s) or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate any rights, including privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Web site(s).
6.9 By posting any Content to the public areas of the Web sites, you hereby grant to American Marketer and its respective affiliates and successors a non-exclusive, transferrable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable, sub-licensable right and license to use, distribute, publicly perform, display, translate, adapt, reproduce and create derivative works from your user content and commentary in any and all media or technology, now known or later developed, in any manner, in whole or part, with or without attribution, without many duty to compensate you.
6.10 You waive all moral rights that you may have in any Content. You agree that we may modify or alter your Content without seeking further permission from you. You also grant us the right to authorize the use of Content or any portion thereof by subscribers and other users in accordance with the terms and conditions of this agreement, including the rights to feature your Content specifically on our service and to allow other subscribers or users to request access to your Content, for example, from an RSS feed. You agree that you are financially responsible for any claim against us arising from any Content that you create.
6.11 You understand and agree that American Marketer, in its sole discretion, may review and delete any information and/or User-generated Content sent to us and/or posted on the Web site(s). Content may be moderated for style, accuracy and legal purposes. We reserve the right and discretion not to publish Content and also reserve the right to delete, for any reason and without notice to you, Content if previously posted and approved. This includes the comments, postings, email address, profiles or any other personalized information you have created while using our service. Content posted shall maintain the decorum of our service and not slander or libel. Content shall not be used for the commentator or his or her affiliate’s personal gain.
6.12 The following is a partial list of the kind of Content that is illegal and/or strictly prohibited on the Web site(s). American Marketer reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending post, information and/or communication from the Web site(s) and terminating the registration of such violators. Prohibited Content includes Content that:
(i) is patently offensive and promotes racism, bigotry, hatred, violence or physical harm of any kind against any group or individual;
(ii) harasses or advocates harassment of another person;
(iii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;”
(iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) promotes an illegal copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(vii) provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone;
(viii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(x) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
(xi) uses sexually suggestive imagery, nudity, pornography or any other unfair, misleading or deceptive Content, including that which may be intended to draw traffic to a personal profile and/or Content.
6.8 You may not engage in advertising to, or solicitation of, any user of the Web site(s) to buy or sell any products or services. You may not transmit any chain letters or junk email to other users of the Web site(s). Although American Marketer cannot monitor the conduct of its Users off the Web site(s), it is also a violation of the Agreement to use any information obtained from the Web site(s) to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User of the Web site(s) without their prior explicit consent.
6.9 Any automated use of the system, such as using scripts, extensions or programs that alter the way the services are displayed, rendered or transmitted, is prohibited without written consent.
6.10 You may not attempt to impersonate another registered User or any other person who is not a registered user of the Web site(s).
6.11 You may not use the subscription, account, user name, or password of another registered User at any time nor may you disclose your password to any third party or permit any third party to access your account.
6.12 You may not sell or otherwise transfer your personal profile.
- Privacy and Your Subscriber Account
- Dues, Payments and Fees
You have to be 18 years of age or older to buy conference access or potential paid subscription to American Marketer or any other product, service or content offered by this company through our services. Please ask your parent or guardian to complete the transaction if you are under 18 years of age and would like to make any purchases of our services. You agree to pay the dues and any other fees, charges and applicable taxes incurred on your account for a service at the rates in effect when the charges were incurred. All charges and dues will be billed automatically to your credit card. If subscription, subscription dues will be billed at the start of your subscription and the beginning of any renewal. All fees and charges are non-refundable. American Marketer reserves the right to issue refunds or credits at our sole discretion. And if we issue a credit or refund, we are not obligated to issue the same or similar refund in the future. Please direct all other queries about refunds to the customer service email hotline at firstname.lastname@example.org. American Marketer may change the dues or fees in effect at the time or add new fees, dues or charges by giving you a notice in advance with an opportunity to cancel. Should you believe that someone has accessed your subscription service using your user name, email or password, please immediately inform us or email Customer Service at email@example.com during business hours Eastern Time. You are responsible for any charges, dues or fees incurred to access American Marketer services via an Internet service provider or other third-party service.
- Cancellation and Renewal
This Agreement is in full force and effective while you use our services. This clause applies, if, in the future, American Marketer decides to launch a paid subscription service. If so, your subscription will renew automatically until it is cancelled under the provisions of this section. Specifically, for annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date of subscription renewal, except as otherwise required by law. And for all subscriptions, you must cancel your subscriptions before it renews to avoid billing of subscription dues for the renewal term to your credit card. American Marketer reserves the right to cancel your subscription at any time with a notice to you. You can only cancel your subscription before your renewal term by contacting our Customer Service Center via email at firstname.lastname@example.org. However, American Marketer’s newsletters and Web site are free to all users. Currently, newsletter subscribers can unsubscribe by directly clicking on the Unsubscribe link at the bottom of each newsletter.
- Subscription Policies
By subscribing to an American Marketer service, you are subject to our subscription policies as laid out in this Agreement that elaborates on our cancellation, refunds and pricing policies along with other key information. We keep the right to amend these policies at any time. Please refer to these policies as often as you can to stay abreast of current policies.
- Third-Party Payment Services
- DMCA and IP Takedown Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Web site(s) in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Web site(s); (d) your address, telephone number, and email address; (f) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (g) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send the foregoing to:
By email: email@example.com
By mail: Napean LLC, 401 Broadway, Ste. 2302, New York, NY 10013
ATTN: DMCA Agent
If you believe any of your other rights, including intellectual property rights, have been violated, please follow the same information and a takedown request sent to: firstname.lastname@example.org.
- User Disputes
You are solely responsible for your interactions with other registered Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.
- 14. Disclaimers
The opinions expressed by Users and/or in Content posted on the Web site(s) are not necessarily the opinions of American Marketer. American Marketer is not responsible for any incorrect or inaccurate Content posted on the Web site(s) by Users, whether caused by Users of the Web site(s) or by any of the equipment or programming associated with or utilized by the Web site(s). American Marketer is not responsible for the conduct, whether online or offline, of any User of the Web site(s). American Marketer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. American Marketer is not responsible for any problems or technical malfunction of any telephone or other network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or the like due to technical problems or traffic congestion on the Internet or at any Web site(s) or combination thereof, including any injury or damage to Users or to any User’s or person’s computer related to or resulting from participation, including uploading or downloading of materials, in connection with the Web site(s). Under no circumstances shall American Marketer be responsible for any loss or damage, including personal injury or death, resulting from use of the Web site(s) or from any Content posted on the Web site(s) or transmitted to registered Users, or any interactions between Users of the Web site(s), whether online or offline, even as a result of negligence by American Marketer. The Web site(s) are provided “AS-IS” and American Marketer expressly disclaims any warranty of fitness for a particular purpose or non-infringement. American Marketer cannot guarantee and does not promise any specific results from use of the Web site(s).
- 15. Web site(s) Promotion
American Marketer may make use of or refer to User-posted content for the purpose of promotion of the Web site(s). Such promotion may involve taking screen shots of a particular area of the Web site(s) and/or Content posted by a User(s), and using that screen shot as a graphic in an advertisement. Promotion may also include quoting Content or playing audio or video posted to the public areas of the Web site(s). American Marketer makes no claim of ownership to such user-posted content.
- 16. Intellectual Property Ownership and Use
16.1 You acknowledge and agree that our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within the Web site(s) shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.
16.3 You may not shall not use, copy, distribute, or exploit any of the American Marketer Site Content, including Content, in any manner without our prior written permission. Please contact email@example.com if you would like print or digital reprints of articles we publish. You can forward articles to others by using the “Email this” link above the headline of the article or below the last paragraph of the article. You are not allowed to use this service for providing regular access to others to content from our service.
16.4 All American Marketer Site Content and all materials and content contained within the Web site(s), including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Web site(s), are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission. You may not create applications, extensions or other products or services that use the American Marketer Site Content without our permission. You may not aggregate or otherwise use American Marketer Site Content such that it could reasonably serve as a substitute for a subscription to our service.
16.5 You can occasionally download and store articles from our service for your personal use, but you may not otherwise provide others with access to such articles. This does not apply to the “Email this” sharing functionality that allows you to share articles or links with others.
16.6 If you would like to use the headline and/or the first two paragraphs of a American Marketer article for inclusion in an appropriate media vehicle, please link to the original story on the American Marketer Web site(s) and also include the words, “Used with permission from American Marketer.” Please email firstname.lastname@example.org for permission.
16.7 Any unauthorized or prohibited use of any of American Marketer Site Content may subject you to civil liability, criminal prosecution or both under applicable federal, state and local laws or applicable foreign laws, rules, regulations and treaties. We require users to respect our trademarks, copyrights and other intellectual property rights and shall enforce the same.
- Limitations on Use
17.1 Only one individual may access an American Marketer service at the same time using the same username or password, unless we otherwise agree.
17.2 You also agree to abide by exclusionary protocols such as Robots.txt, Automated Content Access Protocol (ACAP) and the like that may be used in connection with our service. You may not access parts of the service to which you are not authorized or attempt to circumvent any restrictions imposed on your use or access of our service.
17.3 Generally, you may not use American Marketer Site Content, including without limitation, any American Marketer Site Content available through our one of our RSS feeds in any commercial product or service without our express written consent.
17.4 You agree not to use our service for any unlawful reason or purpose. We reserve the right to restrict or terminate your access to a service if we feel that your use of the service may violate any laws, regulations or rulings, or infringe upon another person’s rights or violate the terms of this agreement.
- External Sites and Resources
We are not responsible for the availability of any Web sites, apps or other offerings owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the operation of such third-party Web sites or the privacy practices or the content (including misrepresentative or defamatory content) of any third- party Web sites, including (without limitation) any advertising, products or other materials or services on or available from such Web sites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources, even if our logo or sponsorship identification is on the third-party services as part of a co-branding or promotional arrangement or otherwise. We strongly urge you to be aware when you leave American Marketer’s services to read the terms and conditions and privacy policies of each third-party service you use.
- 19. Disclaimers
19.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEB SITE(S). THE WEB SITE(S) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEB SITE(S), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM THE COURSE OF DEALING OR USAGE OR TRADE.
19.2 WE MAKE NO WARRANTY THAT THE WEB SITE(S) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE(S) OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
- Limitations on Liability
WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEB SITE(S); IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
- 21. Indemnification
- 22. Resolution of Claims or Disputes.
All disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of us or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:
(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or near Manhattan, New York City, New York.
(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, with Napean LLC remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
(i) Class Action Waiver. The parties further expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Napean shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
- Investigations of Violations of These Terms
- 24. Notice for California Users
Under California Civil Code Section 1789.3, residents of California who use the Web site(s) are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at email@example.com.
- 25. Miscellaneous
25.3 You may send us notices or communicate with us by email firstname.lastname@example.org. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send email to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email
DATE LAST MODIFIED: May 20, 2019
26. EU GDPR Compliance Statement
We are most grateful to have you as part of the American Marketer community and trust that our journalism meets your highest standard.
Management of your personal data to service your account is of paramount importance to us. We have clarified your individual rights in our updated policy. They are noted here for your convenience.
- Personal identifying information (data about you) is collected when you subscribe through the webpages hosted on our site. These webpages are hosted by American Marketer.
- This Personal Identifying Information (PII) includes your name, email address, mailing address, phone number and password that you provided.
- When you submitted a subscription form hosted on our site, you entered into an agreement with American Marketer (which is owned by Napean LLC) to provide you protected online content in exchange for PII.
- EU subscribers: Your data will not be shared with any third parties without your express consent.
- Your PII is retained for the duration of your subscription.
- In compliance with the EU General Data Protection Regulation, at any point you can request:
- The right to access and review your data
- The right to correct your data
- The right to withdraw your consent
- The right to be forgotten, erasure of your date
- Procedures are in place to handle all of these requests which, will be addressed in 30 days or less
DATE LAST MODIFIED: May 20, 2019