Effective Date: August 31, 2009
i. Limit, suspend, or terminate your access to all or any part of our Services;
ii. Modify, change, suspend, or discontinue all or any part of our Services;
iii. Refuse, move, or remove any material that you submit to our Website for any reason;
iv. Refuse, move, or remove any content that is available on our Website;
v. Deactivate or delete your accounts and all related information and files in your account; and
vi. Establish general practices and limits concerning use of our Website.
You agree that the Company its parent, affiliates and subsidiaries shall NOT be liable to you or any third party for taking any of these actions.
Intellectual Property Ownership
Copyrights and Copyright Agent
Pursuant to and in accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Company follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's Designated Agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. Â§ 512:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) 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.
(iii) 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 Clear Channel to locate the material.
(iv) Information reasonably sufficient to permit Clear Channel to contact the complaining party, such as an address, telephone number, and, if available, an email address.
(v) 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.
(vi) 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
The Company's Designated Agent may be reached as follows:
Attn: General Counsel
Titan Outdoor LLC.
850 Third Avenue
New York, NY 10022
This process relates solely to reporting a claim of copyright infringement. For other inquiries regarding material that you believe may otherwise violate your rights, please see below.
Other Intellectual Property and Related Complaints
If you believe that the Company's Website contains material that violates your rights other than copyrights, please provide Company with a statement that is signed (physically or electronically) by the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed and describes:
(i) the allegedly infringing material or activity and information that is reasonably sufficient to enable us to locate the material or activity;
(ii) the owner's rights and how you believe the material infringes those rights; and
(iii) your contract information, including name, mailing address, telephone number, and, if available, your email address.
Please send your complaint regarding material on the Company's Website to:
Attn: General Counsel
Titan Outdoor LLC.
850 Third Avenue
New York, NY 10022
The Company reserves the right to request additional information to determine whether material infringes your rights. If a dispute arises as to the owner of the rights in question, the Company expressly reserves the right to remove your material along with that of the alleged infringer pending resolution of the matter.
The Company will notify you if your materials have been removed pursuant to a third party complaint of alleged infringement of their intellectual property rights.
The Website displays advertisements and product listings from a wide variety of third parties. If you believe that a third party's material violates your rights, we encourage you to resolve their disputes directly with that third party. The Company shall not arbitrate disputes between users or the owners of intellectual property rights and companies who advertise or list their products on our Website. As a courtesy to owners of intellectual property rights, we may perform a limited investigation of reasonable complaints. However, we provide no guarantee that we will remove the allegedly infringing materials from our Website.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Company and/or third parties may provide links to other websites of possible interest to you. (the "Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies do not govern those Third Party Sites and Third Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Website or the Services to take any of the following actions:
i. harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
ii. use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
iii. use automated scripts to collect information from or otherwise interact with the Service or the Site;
iv. upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
v. upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
vi. register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
vii. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
viii. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
ix. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
x. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
xi. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
xii. intimidate or harass another;
xiii. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
xiv. use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
xv. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type
Third Party Intellectual Property and Information
You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You will promptly update your registration to keep it accurate, current and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your username, password, other account information, or any other breach of security of which you become aware. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Website and the Intellectual Property, including, without limitation, those governing your transmission or use of any software or data. If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, Company reserves the right, without prior notice to you, to automatically change your username, delete your posts from our Website, deny you access to our Website, or any combination of these options.
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
WE ARE NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR CLEAR CHANNEL INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE SERVICES, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEBSITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
WE MAY TERMINATE YOUR FURTHER ACCESS TO THE WEBSITE OR CHANGE THE WEBSITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
Governing Law, Venue and Jurisdiction
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU MAY HAVE IN CONNECTION WITH OR RELATED TO THE WEBSITE WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
Export Control and Economic Sanctions Requirements.
SUPPLY OF GOODS, SERVICES AND SOFTWARE THROUGH THE WEBSITE IS SUBJECT TO UNITED STATES EXPORT CONTROL AND ECONOMIC SANCTIONS REQUIREMENTS. BY ACQUIRING ANY SUCH ITEMS THROUGH WDIG SITES, YOU REPRESENT AND WARRANT THAT YOUR ACQUISITION COMPORTS WITH AND YOUR USE OF THE ITEM WILL COMPORT WITH THOSE REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT ACQUIRE GOODS, SERVICES OR SOFTWARE THROUGH THE WEBSITE IF: 1) YOU ARE IN, UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF CUBA, IRAN, NORTH KOREA, SUDAN OR SYRIA OR IF YOU ARE ON THE U.S. TREASURY DEPARTMENT'S SPECIALLY DESIGNATED NATIONALS LIST OR THE U.S. COMMERCE DEPARTMENT'S DENIED PERSONS LIST, UNVERIFIED LIST OR ENTITY LIST OR 2) YOU INTEND TO SUPPLY THE ACQUIRED GOODS, SERVICES OR SOFTWARE TO CUBA, IRAN, NORTH KOREA, SUDAN OR SYRIA (OR A NATIONAL OR RESIDENT OF ONE OF THESE COUNTRIES) OR TO A PERSON ON THE SPECIALLY DESIGNATED NATIONALS LIST, DENIED PERSONS LIST, UNVERIFIED LIST OR ENTITY LIST.