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Effective as of February 22, 2020
1. LICENSE GRANT. The Site is made available by the Campaign, and this TOU provides to you a personal, revocable, limited, non-exclusive, nontransferable, and nonsublicensable license to use the Site conditioned on your continued compliance with this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the Site or any materials through the Site for any commercial or unauthorized purposes. If you wish to make use of the Site other than as set out herein, you may contact the Campaign using the contact information set forth below.
2. LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. The Campaign transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else. Further, the Campaign reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site.
3. USER OBLIGATIONS. By accessing or using the Site, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Site, including, without limitation, when you provide information via a Site registration or submission form. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the Site only with the involvement and acceptance of this TOU by a parent or legal guardian and then solely under a parent or legal guardian’s account. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and the Site is solely at your own risk.
4. ACCOUNT. Registration for access to and use of particular areas or functionality of the Site may require access credentials, such as a user name and password, or adherence to other particular access requirements as designated by the Campaign in its sole discretion from time to time. You hereby agree to consider and maintain your access credentials as the confidential information of the Campaign. You shall immediately notify the Campaign if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials.
5. PROPRIETARY RIGHTS. The Site is owned by Mike Bloomberg 2020, Inc. Copyright 2019 © Mike Bloomberg 2020, Inc. and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the Site, unless otherwise indicated, are owned by the Campaign and/or its licensors. The Campaign name, logo, and all other names, logos, and icons identifying the Campaign and its software, solutions, products, and services are proprietary trademarks of the Campaign, and any use of such marks without the express written permission of the Campaign is strictly prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
6. USER CONTRIBUTIONS. The Site provides access to communication and other interactive features and functionality where you can share and exchange information or content (with such shared or exchanged information or content referenced collectively as “User Contribution(s)”). You agree that by using the Site you will not upload, post, display, or transmit any of the following:
• anything which may damage, lessen, or harm the goodwill or reputation of the Campaign;
• anything which defames, harasses, threatens, offends, or in any way violates or infringes on the rights of others;
• anything which involves the impersonation of any other person or entity;
• anything which constitutes junk mail, spam, or unauthorized advertising; or
• anything which is unlawful.
The Campaign reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any User Contribution(s). Further, the Campaign shall not have any obligation to incorporate or utilize any User Contribution(s) that does not correspond to or meet the Campaign’s technical or usage practices, parameters, and limits.
7. PERMISSION TO USE USER CONTRIBUTIONS. By submitting any type of a User Contribution, you automatically and hereby grant to the Campaign a perpetual, royalty-free, transferable, sublicensable and non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such User Contribution, without additional approval or consideration, in furtherance of and in connection with the operation of the Site, and you hereby waive any claim to the contrary. You represent that you have all necessary rights to make a User Contribution available to the Campaign, and you also acknowledge that the Campaign has no control over the extent to which any idea or information (in a User Contribution) may be used by any party or person once it’s posted or displayed.
8. NO PRE-SCREENING OF USER CONTRIBUTIONS. The Campaign is not responsible for pre-screening or editing your or any other user’s User Contributions and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any User Contributions. Moreover, the Campaign does not endorse, oppose, or edit any opinion or information provided by you or another user (unless separately and expressly provided by the Campaign) and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any User Contribution displayed, uploaded, or distributed by you or any other user. Nevertheless, the Campaign reserves the right to monitor, delete, access, read, preserve, disclose or take other action with respect to User Contributions (or parts thereof) that the Campaign reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this TOU, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of the Campaign, its users, or the public, or (vi) address any act or omission that the Campaign believes in good faith violates this TOU and/or is, or is potentially, unlawful or harmful to the Campaign. If you violate this TOU, the Campaign may, in its sole discretion, delete the unacceptable content from your User Contribution, remove or delete the User Contribution in its entirety, issue you a warning, and/or terminate your use of this Site.
9. DMCA Takedown Policy. It is the Campaign’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). The Campaign respects the intellectual property of others. Users who believe that their intellectual property rights have been infringed through the on-line services provided by the Campaign may contact the Campaign through their authorized agent and request that the infringing material be removed or access to it blocked. The Campaign’s designated “Agent for Notice” of claims of copyright infringement can be reached as follows: Hayden Horowitz, c/o Geller & Co., 909 Third Avenue, New York, NY 10022, telephone (212) 583-6000, facsimile (646) 268-6138, email: email@example.com.
Proper notification of copyright infringement must be sent to the Campaign’s Agent for Notice (as designated above) and must include the following information:
• 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 the 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 Campaign to locate the material;
• Information reasonably sufficient to permit the Campaign to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
• 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.
Please place the following label, “Notice of Infringement,” in the subject line of all such communications to the Campaign. The Campaign will promptly remove or disable access to materials that are the subject of a proper DMCA notification and notify the user responsible for the material about said removal.
Users who believe that their material has been removed by mistake or are not in violation of copyright law should provide the Campaign with a counter-notification that contains the following information:
• A physical or electronic signature;
• 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 you have 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; and
• The your name, address, and telephone number, and a statement that you consent to the jurisdiction of the courts of the State of New York, and that you will accept service of process from the person who provided the notification above, or an agent of such person.
Upon receipt of such material, the Campaign will restore the material and provide the counter-notification to the party who issued the notification.
10. FEEDBACK. The Campaign welcomes your feedback and suggestions about the Campaign or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to the Campaign, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to the Campaign and enable the Campaign to use such Feedback. In addition, any Feedback received by the Campaign will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license from you for the Campaign to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
11. MOBILE USAGE. The Site offers various tools or display functionality that are available to you via your mobile phone or other mobile computing device (collectively, “Mobile Campaign Solutions”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Campaign Solutions. In addition, downloading, installing, or using certain Mobile Campaign Solutions may be prohibited or restricted by your mobile carrier, and not all Mobile Campaign Solutions may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Campaign Solutions are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile Campaign Solutions; and how much such use will cost you. Nevertheless, your use of the Site shall be strictly in accordance with this TOU.
15. LINKS TO OTHER SITES. The Campaign may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience. Such other sites are maintained by third parties over which the Campaign exercises no control. These links do not imply an endorsement with respect to any third party or any third party web site or the information, products, or services provided by any third party.
16. DISCLAIMER. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. THE CAMPAIGN EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE CAMPAIGN ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED BY, AVAILABLE THROUGH, OR ADVERTISED ON THESE THIRD PARTY WEB SOLUTIONS.
17. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY ABSOLVE AND RELEASE THE CAMPAIGN FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND THE CAMPAIGN’S CONTROL. MOREOVER, IN NO EVENT SHALL THE CAMPAIGN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, EVEN IF THE CAMPAIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF THE CAMPAIGN FOR BREACH OF THIS TOU IS CESSATION OF USE OF THE SITE AND FOR ANY OTHER REASON RELATED TO YOUR USE OF THE SITE WHATSOEVER FOR AN AMOUNT NOT EXCEEDING THE TOTAL AMOUNT PAID BY YOU TO THE CAMPAIGN DURING THE PAST SIX MONTHS IN CONNECTION WITH YOUR INDIVIDUAL USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE CAMPAIGN’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
18. INDEMNIFICATION. You agree to indemnify, defend, and hold the Campaign (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of this TOU or for any violation or alleged violation of the rights of any other person or entity by your User Contribution(s).
19. ARBITRATION. You agree that all disputes between you and the Campaign (whether or not such dispute involves a third party) with regard to your relationship with the Campaign, including, without limitation, disputes related to this TOU, your use of the Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and you and the Campaign hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor the Campaign will participate in a class action or class-wide arbitration for any claims covered by this TOU. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if the Campaign is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
20. ENFORCING SECURITY. You may not use the Site or any of the Campaign’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using the Campaign’s data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a Campaign system or network, circumventing any Campaign security or authentication measures, monitoring Campaign data or traffic, interfering with any Campaign services, collecting or using from the Site email addresses, screen names, or other identifiers, collecting or using from the Site information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the Site to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against the Campaign or its data, systems, or network. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. The Campaign reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. The Campaign will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, the Campaign reserves the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site in order to protect the Site or the Campaign.
21. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of Campaign proprietary assets, will cause irreparable injury to the Campaign, such injury would not be quantifiable in monetary damages, and the Campaign would not have an adequate remedy at law. You therefore agree that the Campaign shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that the Campaign post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to the Campaign to enforce any provision of this TOU.
22. TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you check the box certifying that You have read, understand, and agree to abide by the terms and conditions of the Site, register, respond through the Site to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. The Campaign reserves the right at any time and on reasonable grounds to deny your access to the Site or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning the Campaign’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
23. GOVERNING LAW. The Site is controlled and operated by the Campaign from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York. Any action to enforce this TOU will be brought in the courts presiding in the State of New York and all parties to this TOU expressly agree to be subject to the jurisdiction of such courts. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
24. EXPORT CONTROL AND LEGAL COMPLIANCE. You represent and warrant that you are not (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable Sanctions and Export Control Laws, (ii) you are solely responsible for ensuring that the Site is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws, and (iii) you will not re-export or transfer the Site, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
25. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by the Campaign of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
26. ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and the Campaign as a result of this TOU or your utilization of the Site. This TOU represents the entire agreement between you and the Campaign with respect to use of the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and the Campaign with respect to the Site. You may not assign or transfer any rights under this TOU without the prior written consent of the Campaign. Please note that the Campaign reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to you. In addition, the Campaign may add, modify, or delete any aspect, program, or feature of the Site, but the Campaign is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.
27. CONTACT INFORMATION. If you have questions regarding the Site, please contact the Campaign: Hayden Horowitz, c/o Geller & Co., 909 Third Avenue, New York, NY 10022, telephone (212) 583-6000, facsimile (646) 268-6138, or https://www.mikebloomberg.com/contact-us.