Acceptance of this Agreement
This Web site, including any ancillary sites served from this domain, and
information contained herein (the "Web Site") is provided to you under these
"Terms of Use" and any amendments to these Terms of Use that may be posted by
ADVANTAGE MEDIA GROUP from time to time, (collectively, "Agreement"). BY
ACCESSING, BROWSING AND/OR USING THE WEB SITE, YOU AGREE TO BE BOUND BY THIS
AGREEMENT. This Agreement constitutes the entire agreement between you and
ADVANTAGE MEDIA GROUP and supercedes any prior agreements between you and
ADVANTAGE MEDIA GROUP regarding the use and contents of the Web Site unless
expressly specified otherwise in writing.
Privacy
The information that we obtain through your use of the Web Site, or through any
registration process or otherwise, is subject to our
Privacy Policy.
Modifications to this Agreement
ADVANTAGE MEDIA GROUP may make changes to this Agreement from time to time in
its sole discretion, and will post any such changes on the Web Site. Your
continued use of the Web Site constitutes your acceptance of any such changes.
Modification or Suspension of the
Web Site
You agree that ADVANTAGE MEDIA GROUP may, in its sole discretion, and at any
time, discontinue, suspend or modify its operation of the Web Site, or any part
thereof, temporarily or permanently, without notice to you, and you agree that
ADVANTAGE MEDIA GROUP shall not be liable therefor.
International Use
You agree to comply with all applicable local laws regarding online conduct and
acceptable content, including without limitation, laws regarding the
transmission of technical data exported from the United States or the country in
which you reside.
Termination
You agree that ADVANTAGE MEDIA GROUP may, in its sole discretion, and at any
time, terminate your use of the Web Site, and may remove or delete any content
within the Web Site, for any reason, without prior notice to you. You further
agree that ADVANTAGE MEDIA GROUP shall not be liable to you or to any third
party for any termination of your use of, or access to, the Web Site. In the
event of any termination of this Agreement or your use of or access to the Web
site, you agree the provisions regarding Proprietary Rights, Indemnification,
Disclaimer or Warranties, and Limitations of Liability shall survive any such
termination.
Proprietary Rights
You agree that content available through the Web Site, including without
limitation, the license material content in the form of text, graphics,
software, music, sound, photographs, and videos, and content provided by
suppliers, sponsors or third party advertisers, is protected by copyrights,
trademarks, patents or other proprietary rights and laws. Except as expressly
authorized by ADVANTAGE MEDIA GROUP or the applicable supplier, sponsor or
advertiser, you agree not to resell, duplicate in whole or in part, publish,
modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer
or create derivative works based on the Web Site or any content (including
without limitation any license material) available through the Web Site. Except
as expressly provided herein, ADVANTAGE MEDIA GROUP and its suppliers do not
grant any express or implied right to you under any patents, copyrights,
trademarks or trade secret information.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE
RISK.THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ADVANTAGE MEDIA GROUP
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADVANTAGE MEDIA GROUP DOES NOT MAKE ANY
WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES
ADVANTAGE MEDIA GROUP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE WEB SITE AND PRODUCTS OFFERED HEREIN, AS TO THE ACCURACY OR
RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE, AS TO THE QUALITY
OF ANY PRODUCTS, WEB SITES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE WEB SITE OR AS A RESULT OF THE WEB SITE, OR AS TO ANY
TRANSACTIONS ENTERED INTO BY USE OF OR AS A RESULT OF THE WEB SITE. YOU
UNDERSTAND AND AGREE THAT ANY LICENSE MATERIAL, SOFTWARE AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR THE LOSS OR DISCLOSURE OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL, SOFTWARE AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADVANTAGE MEDIA GROUP OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE, SHALL ADVANTAGE MEDIA GROUP OR ITS PARENTS,
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS,
USE, DATA, GOODWILL OR OTHER INTANGIBLES, EVEN IF ADVANTAGE MEDIA GROUP OR ITS
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
(1) THE USE OR THE INABILITY TO USE THE WEB SITE OR LICENSE MATERIAL, (2) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND WEB SITES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR WEB SITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THE WEB SITE, (3) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA USING THE LICENSE MATERIAL
OR WEBSITE, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE,
OR, (5) ANY OTHER MATTER RELATING TO THE WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Your Contact With Third Parties
Your dealings with third parties found on or through the Web Site, including
your participation in promotions, the payment for and delivery of goods,
services, and any terms, conditions, warranties or representations associated
with such dealings are solely between you and the third party. ADVANTAGE MEDIA
GROUP does not make any representations or warranties with respect to any goods
or services which may be obtained from such third parties involving those goods
that may incorporate any ADVANTAGE MEDIA GROUP software. You further agree that
ADVANTAGE MEDIA GROUP will have no liability with respect to any loss or damage
of any kind incurred as a result of any dealings between you and any third
party, or as a result of the presence of such third parties on the Web site.
Links
The Web Site, or third parties on the Web Site, may provide links to other sites
and/or resources over which ADVANTAGE MEDIA GROUP has no control. You agree that
ADVANTAGE MEDIA GROUP has no responsibility for and no liability for the
availability of such external sites or resources, or for the Content,
advertising, products, services, or other materials available through such sites
or resources. Even though such third party sites may refer to ADVANTAGE MEDIA
GROUP and its products, ADVANTAGE MEDIA GROUP does not endorse such statements,
and makes no representations or warranties with respect to the information
contained on the third-party Web Site and takes no responsibility for
supplementing, updating or correcting such information. You agree that ADVANTAGE
MEDIA GROUP has no responsibility for and no liability for the content,
advertising, products or services available on any third-party Web Site.
Indemnification
You agree to indemnify and hold harmless ADVANTAGE MEDIA GROUP, its parents,
subsidiaries, affiliates, officers, directors, agents, employees, co-branders or
other partners, and suppliers, from any claim, demand, action, or damage,
including reasonable attorneys' fees, made by any third party due to, arising
out of, or related to your use of the Web Site, your violation of the Agreement
or any rights of another in connection with the Web Site.
Trademark Notices
ADVANTAGE MEDIA GROUP is a registered trademark of ADVANTAGE MEDIA GROUP, the
ADVANTAGE MEDIA GROUP logo, RAVING FAN SERVICE, and other owned programs are
trademarks or service marks of ADVANTAGE MEDIA GROUP. You may not use or display
these marks without ADVANTAGE MEDIA GROUP' prior written consent. All other
trademarks and/or Logos appearing on the Web Site are the property of their
respective owners.
U.S. Government Restricted Rights
The Materials are provided with "RESTRICTED RIGHTS." Use, duplication, or
disclosure by the Government is subject to restrictions as set forth in
FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Materials
by the Government constitutes acknowledgment of ADVANTAGE MEDIA GROUP
proprietary rights in them.
User Submissions
Except as otherwise agreed in writing with an authorized ADVANTAGE MEDIA GROUP
representative, any material, information or other communication you transmit or
post to this Web Site will be considered non-confidential and non-proprietary
("Communications"). ADVANTAGE MEDIA GROUP will have no obligations with respect
to the Communications. ADVANTAGE MEDIA GROUP and its designees will be free to
copy, disclose, distribute, incorporate and otherwise use the Communications and
all data, images, sounds, text, and other things embodied therein for any and
all commercial or non-commercial purposes. You are prohibited from posting or
transmitting to or from this Site any unlawful, threatening, libelous,
defamatory, obscene, pornographic, or other material that would violate any law.
Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of
the state of South Carolina, without giving effect to conflict of laws
provisions. You and ADVANTAGE MEDIA GROUP agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of Charleston,
South Carolina.
Miscellaneous
If any provision of this Agreement is found by a court or other binding
authority to be invalid, you agree that every attempt shall be made to give
effect to the parties' intentions as reflected in that provision, and the
remaining provisions contained in this Agreement shall continue in full force
and effect.
You agree that any claim or cause of action arising out of your use of the Web Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Any failure by ADVANTAGE MEDIA GROUP to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
Overview
This statement discloses the privacy practices for the Web sites provided by
ADVANTAGE MEDIA GROUP, including amglive.com and other sites served from this
domain (collectively "the Site"). As part of the normal operation of the Site,
we collect and, in some cases, disclose information about you. This Privacy
Policy describes the information we collect about you and what may happen to
that information.
Personally Identifiable
Information We Collect
Registration Information About You
We may ask for specific Personally Identifiable Information about you when you
inquire about an ADVANTAGE MEDIA GROUP service. For example, we may ask you for
your e-mail address or phone number so we can provide you with additional
materials or connect you with a representative.
Email
We place email links on this site to allow you to contact us directly. The
information you provide is used to respond directly to your questions or
comments. We may also file your comments to improve the site and our services,
or review and discard the information.
Automated Data Capture, Cookies
We may automatically track certain information about your use of this Site. The
Site may log IP addresses and browser types for system administration purposes.
This information will be analyzed to constantly improve the value of the
materials and services available on the Web site.
Use of Your Personally
Identifiable Information
Use by ADVANTAGE MEDIA GROUP
We will primarily use your Personally Identifiable Information to provide you
with ADVANTAGE MEDIA GROUP services and programs.
We also use Personally Identifiable Information to improve our marketing and promotional efforts, to analyze site usage, to improve our site and service offers, and to customize our site. We may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. We may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our End User License Agreements, Professional Service Agreement, Terms of Use and this Privacy Policy.
ADVANTAGE MEDIA GROUP Service
Partners
ADVANTAGE MEDIA GROUP may provide some of its products and services through
contractual arrangements with affiliates, service providers, partners and other
third parties. ADVANTAGE MEDIA GROUP and its service partners use your
Personally Identifiable Information to deliver their goods and services.
ADVANTAGE MEDIA GROUP will encourage its service partners to adopt and post
privacy policies. However, the use of your Personally Identifiable Information
by our service partners is governed by the privacy policies of those service
partners, and is not subject to control by ADVANTAGE MEDIA GROUP. Both ADVANTAGE
MEDIA GROUP and its service partners may also use your Personally Identifiable
Information to inform you of other products or services available from ADVANTAGE
MEDIA GROUP and its service partners. To opt out of receiving future
notifications, see below.
Links
The Web Site includes links to many sites, and new ones are added all the time.
This Privacy Policy applies to the Site only. Any information you submit to
linked sites will be subject to the privacy policies of those sites, if any. You
should review those policies carefully.
Legal Disclosures
ADVANTAGE MEDIA GROUP may disclose Personally Identifiable Information if
required to do so by law or in the good-faith belief that such action is
necessary to prevent injury or property damage. We may attempt to notify you
when we are making such a disclosure, but we may not do so in an emergency or
when we are prohibited by law or court order from giving such notice.
Your Passwords
You should never disclose your password to any third parties. If you lose
control of your password, you may lose substantial control over your Personally
Identifiable Information and may be subject to legally binding actions taken on
your behalf. Therefore, if your password has been compromised for any reason,
you should immediately change your password.
Security
ADVANTAGE MEDIA GROUP uses state-of-the-art, commercially available technology
to guard against unauthorized access to any Personally Identifiable Information
that is stored electronically by ADVANTAGE MEDIA GROUP.
Changes to This Policy
If we decide to change this privacy policy, we will post those changes here so
that you will always know what information we gather, how we might use it and
whether we will disclose it to anyone. Unless you opt out of receiving email
notifications from us, we may also notify you by email of changes to this
policy.
If for some reason you believe that ADVANTAGE MEDIA GROUP has not adhered to this Privacy Policy, please notify us.