Last updated: July 2013
1.2 334 MARKETING reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by 334 MARKETING as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
1.3 The Service is directed to adults and is not directed to children under the age of 13. You must be 13 years of age or older to use the Service. 334 Marketing complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. By registering for the Service, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Service ("Member"). Creating a Member account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Service and such accounts will be terminated by 334 MARKETING.
By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. The profile that you compose upon registering for the Service (the "Member Profile") must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
2. Use of Content
The Service provides general information only and does not constitute legal advice.
2.1 You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material of 334 Marketing (collectively, the "Content") that are protected by copyright, trademark and/or other proprietary rights of 334 MARKETING or third parties. All Content on the Service is copyrighted as a collective work of 334 MARKETING or its respective owner pursuant to applicable copyright law. You agree to comply with any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use.
2.2 Except as expressly permitted in Section 2.3 of this Agreement, you may not modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material, in whole or in part. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Service or the Content, including features that prevent or restrict use or copying or that enforce limitations on use.
2.3 You may download, copy and make any personal, non-commercial use of the Content and use that is permitted by Sections 107 through 122 of the United States Copyright Act of 1976, as amended ("Copyright Act") and not prohibited by any section of the Copyright Act or by any other applicable law, rule or regulation; provided, however, that you maintain all copyright and other notices contained in such Content; and provided further that you shall not store electronically any significant portion of any Content.
It is your responsibility to check the accuracy or relevant facts and opinions given on the Site or mobile application before entering into any commitment based upon them.
3. Managing Content
334 MARKETING reserves the right to delete, move or edit any Content that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. Although 334 MARKETING reserves the right to remove any offending Content on the Service, you understand and agree that you nonetheless may be exposed to such Material and that you further waive your right to any damages (from any party) related to such exposure.
Additionally, 334 MARKETING shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
4. No Endorsement
The Service may contain links to Site or mobile applications on the Internet which are owned and operated by third parties (the "External Site or mobile applications"). You acknowledge that 334 MARKETING is not responsible for the availability of, or the content located on or through, any External Site or mobile application. You should contact the Site or mobile application administrator or webmaster for those External Site or mobile applications if you have any concerns regarding such links or the content located on such External Site or mobile applications.
You agree to indemnify, defend and hold 334 MARKETING and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "334 MARKETING Parties") harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys' fees) incurred by any 334 MARKETING Party in connection with any Material or with use or alleged use of any Content or the Service. 334 MARKETING reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with 334 MARKETING's defense of such claim.
6. Copyright Policy
You may not post, distribute, perform, display, transmit 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.
7. Disclaimer of Warranties; Limitation of Liability.
7.1 NEITHER 334 MARKETING NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE CONTENT OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES 334 MARKETING, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF 334 MARKETING, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER 334 MARKETING NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the Content is assumed solely by you. You specifically acknowledge that 334 MARKETING is not responsible or liable for any unauthorized data or other transmissions entered into through the Service or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another's rights.
Please note that a small number of people may experience epileptic seizures when exposed to certain light patterns on a computer screen like those displayed when using the Service. Consult your physician prior to using the Service if you have had any epileptic symptoms (such as eye or muscle twitches, dizziness, altered vision, disorientation, loss of awareness, involuntary movements or convulsions) and discontinue use of the Service immediately if you experience any such symptoms.
7.2 NEITHER 334 MARKETING, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MOBILE APPLICATION, SITE OR MOBILE APPLICATION-RELATED SERVICES, AND/OR HYPERLINKED WEB SITE OR MOBILE APPLICATIONS IS TO STOP USING THE SITE OR MOBILE APPLICATION AND/OR THOSE SERVICES.
7.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of 334 MARKETING, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
8. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Some of the pages on the Site or mobile application include links to external website or mobile applications. These links are included to give users the opportunity to access other pages that it is felt may be of assistance to them. Except for 334 MARKETING’s owned links, 334 MARKETING is not responsible for the content of these internet Site or mobile applications.
While efforts have been taken to ensure that the pages on the Site or mobile application are free from viruses, 334 MARKETING gives no warranties that they are indeed free from viruses and users are responsible for ensuring that they have installed adequate virus checking software.
334 MARKETING excludes, in so far as it is legally responsible, all liability and responsibility (other than liability for death or physical injury arising out of the negligence of 334 MARKETING or its officers) for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment or other material transmitted with or as part of:
The pages on the Site or mobile application or any other Internet Site or mobile applications;
Any material downloaded from the Site or mobile application or any other Internet Site or mobile applications;
Any publication, product or service.
11. Miscellaneous; Jurisdiction of Disputes
This Agreement shall be construed in accordance with the laws of the State of New York, without reference to principles of choice of law. You and 334 MARKETING each irrevocably consent to the personal jurisdiction of the federal or state courts located in Suffolk County, New York (the "Courts") with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Service (including without limitation any Content) and waive any objection to venue in any of the Courts for such an action, suit or proceeding (whether based on forum non conveniens or otherwise); additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.