Terms and Conditions of Use
The Sites constitute our exclusive property. The Sites, and all content(other than Your Content (as defined below) and other users’ content) includedon the Sites, such as text, graphics, logos, names, designations, button icons,images, audio clips, information, data, photographs, graphs, videos, typefaces,graphics, music, sounds, and other material and software, is the exclusiveproperty of Advanstar and its licensors and is protected by copyrights,trademarks, trade secrets, or other proprietary rights. We grant you apersonal, non-exclusive, non-transferable and revocable right to access and usethe Sites, which right is conditioned on your compliance with the Terms.
You may not access or use any content on the Sites for commercial,competitive, or any other purposes. You may not modify, republish, post,transmit or distribute any content on the Sites without the express writtenconsent of Advanstar. All rights not expressly granted in the Terms arereserved to Advanstar and its licensors, and may not be exploited by youwithout our prior written consent.
To use some of the features of some of the Sites, you must establish anaccount using the online registration form. You are free to modify thepersonal data you provide on the form at any time. You may access your accountby entering your username and password in the login fields on the homepage. Registration entitles you to use the Sites for an unlimited period of time,although we reserve the right to terminate your account at any time.
You are solely responsible for maintaining the confidentiality of anyuser name and password you use to access the Sites, and are fully responsiblefor all activities that occur under your password or account. You agree to (i)immediately notify Advanstar of any unauthorized use of your password oraccount or any other breach of security; and (ii) make sure that you exit fromyour account at the end of each session. Advanstar cannot and will not beliable for any loss or damage arising from your failure to comply with thisprovision.
Failure to fulfill the aforementioned obligations respecting userresponsibility may result in access being temporarily or permanently suspended,immediately and without notice, or in the deactivation of your account, withoutprejudice to any other rights we may have.
Advanstar may, at its discretion, allow you and other users to submityour content to one or more of the Sites for viewing and access by otherusers. By making your content accessible to other users (as individuals and asa group), you agree in perpetuity to allow any users, free of charge and forpersonal use: (a) to view your content on or through the Sites and otherelectronic communication media (e.g. mobile phones) for the entire period inwhich your content is hosted on the Sites; and (b) to download and view yourcontent on other media. If you wish to use another user’s content for anyother purpose, in particular for commercial use, you are responsible forobtaining the necessary advance authorization.
In addition, you authorize Advanstar to reproduce and display yourcontent via the features that enable the Sites to be accessed both on theInternet and through other electronic communication media, and to adjust yourcontent’s format as necessary for the purposes of reproduction and display. Please note that due to the nature of the Internet and digital media, datatransmitted – including your content – cannot be protected against the risks ofmisappropriation and/or piracy, for which Advanstar shall not be liable. Youare responsible for taking all appropriate steps to protect your content, whereapplicable.
The Sites may include bulletin boards, blogs, chat rooms and other pagesthat allow you and other users to post information and materials, providefeedback or comments to Advanstar and/or its Sites, and interact in real-timewith other users or the Sites. You agree that Advanstar and its licensees mayreproduce, distribute, publish, display, edit, modify, create derivative works andcompilations and otherwise use all information, text, messages, photographs,videos, member or display name and other materials posted by you (“YourContent”) for any purpose in any form and on any media. You grant Advanstar anon-exclusive, worldwide, perpetual, royalty-free right and sublicensablelicense to reproduce and create derivative works and compilations of YourContent, in whole or in part, and to display, perform, distribute and transmitthe same in any form and on any media, including via the features that enablethe Sites to be accessed both on the Internet and through any other electroniccommunication media or technology, now known or later developed, and to adjustthe format or Your Content as necessary for the purposes of reproduction,display and transmission.
By using the Sites, you agree and grant Advanstar the non-exclusive,royalty-free right and sublicensable license to display, distribute andtransmit third-party advertisements in connection with Your Content.
We are under no legal obligation to monitor content transmitted via orstored on the Sites by you or other users. Although Advanstar and itsaffiliates may, from time to time, monitor, review and/or delete discussions,articles, chats, postings, transmissions, bulletin boards, photographs, videosand other user and member generated content on the Sites, neither Advanstar norits affiliates is under any obligation to do so. You acknowledge and agreethat any discussions, articles, chats, postings, transmissions, bulletin boards,photographs, videos, opinions, advice, statements, services, offers or otheruser and member generated content on the Sites are those of their respectiveauthors who are solely liable for their content. Advanstar and its affiliatesreserve the right, in their sole discretion, to edit, refuse to post or removeany content submitted to or posted on the Sites.
Our only obligation as host concerns responding to certain content thathas been brought to our attention.
YOU AGREE THAT YOUR USE OF THE SITES SHALL BE AT YOUR SOLE RISK ANDLIABILITY. EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUTWARRANTY. ADVANSTAR, ITS AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES,AGENTS, VENDORS AND SUPPLIERS (THE “ADVANSTAR PARTIES”) DISCLAIM ALL WARRANTIESOF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THEIMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANDNON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THEADVANSTAR PARTIES ALSO DISCLAIM ALL WARRANTIES, TAKE NO RESPONSIBILITY ANDASSUME NO LIABILITY FOR THE CONTENT PRESENT ON THE SITES, INCLUDING BUT NOTLIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER, OMISSIONS, FALSEHOODS,OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON THE SITES. THEADVANSTAR PARTIES make no warranty orrepresentation that the SITES or ITS services or technology, IN WHOLE OR INPART, will be uninterrupted, error-free OR SECURE, including with respect tothe delivery of YOUR CONTENT and/or any limitations on YOUR OR ANY OTHER userS’ABILITY TO access, VIEW OR use YOUR CONTENT or any other content, or that anyinformation obtained from the SITES will be accurate or reliable.
YOU AGREE THAT NO ADVANSTAR PARTY SHALL BE LIABLE FOR ANY DAMAGES,LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THESITES, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED INTORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION ANEGLIGENT ACT, SHALL ANY ADVANSTAR PARTY BE LIABLE TO YOU FOR ANY DIRECT,INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDINGWITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OFGOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OFBUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, REGARDLESS OFWHETHER ANY SUCH ADVANSTAR PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SOTHE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAWAPPLIES TO THESE TERMS.
As a supplier of content to the Sites, including but not limited to YourContent, videos, photographs, comments, or articles, you are required to complywith any laws and regulations in force. You are thus responsible for ensuringthat Your Content:
By uploading or disseminating images to or through the Sites, you warrantthat you are not uploading any infringing material and expressly warrant thatyou have all necessary rights and/or authorizations from the copyrightowner(s).
You also agree not to post or transmit any unlawful, harmful,threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful,racially, ethically or otherwise objectionable content of any kind, includingbut not limited to, any content which encourages conduct that would constitutea criminal offense, violate the copyrights, trademarks, services marks orsimilar intellectual property rights or other rights, including invasion ofprivacy or rights of publicity, of others. To be clear, Advanstar neitherwants nor tolerates such content. If Your Content contains such material, donot upload it to the Sites.
Failure to comply with these provisions will result in Your Content beingremoved and/or your account being deactivated without prior notice. Inaddition, Advanstar reserves the right to report any violation of theseprovisions to applicable legal authorities and you may be personally liable tocriminal sanctions applicable to the content in question (fines and/orimprisonment), in addition to any applicable civil damages.
Advanstar does not tolerate copyright infringing activities andinfringement of intellectual property rights on its Sites, and will removecontent uploaded by users (including Your Content) if properly notified thatsuch content infringes on another’s intellectual property rights. Advanstarreserves the right also to terminate a user’s account, if a user is determinedto be a repeat infringer.
If you believe that your work has been copied in a way thatconstitutes copyright infringement, please provide Advanstar’s copyright agentthe written information specified below:
Advanstar’s Copyright Agent for notice of claims ofcopyright infringement on its site can be reached as follows:
Advanstar Communications Inc.
Children underthe age of 13 are not permitted to register with Advanstar. It is Advanstar’spolicy not to collect any information from anyone under the age of 13.
IF YOU AREUNDER 13 YEARS OF AGE, DO NOT USE OR ACCESS THE SITES AT ANY TIME OR IN ANYMANNER.
If you are the parent or legal guardian of a child under 13, and thatchild has somehow registered with any of the Sites, please send an email to firstname.lastname@example.org to cancel yourchild’s registration. In the email message, please provide your full name andaddress, your child’s full name and address, your relationship to the child,your daytime and evening telephone numbers, your email address and a copy ofyour child’s birth certificate or a signed statement that you are the child’sparent or legal guardian. Advanstar reserves the right to seek additionalinformation to verify your identity and status in relation to the child. Advanstar will use this information only to verify that you are the child’sparent or legal guardian and for no other purposes.
If you are not anindividual, you warrant that you have all necessary corporate or equivalentauthority and power to agree to the Terms, which you agree shall be binding onthe corporation, partnership, association or other entity in whose name you areregistering as a user and establishing an account.
As aconvenience to you, the Sites may contain links to websites operated by otherentities (a “Linked Site”). If you decide to visit any Linked Site, you do soat your own risk and it is your responsibility to take all protective measuresto guard against viruses or other destructive elements. Advanstar has noresponsibility to you with respect to any Linked Site and no Linked Site,regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) ismaintained, controlled, endorsed, monitored or otherwise governed byAdvanstar. Links from our Sites to any Linked Site do not constitute anendorsement by Advanstar of a Linked Site, or the products, content, materialsor information presented or made available by such sites. You acknowledge andagree that Advanstar is not responsible for any damages or losses of you or anyother person caused or alleged to have been caused by your use of any LinkedSite, or from the products, content, material or information presented by oravailable through those sites.
You agree toindemnify and hold harmless Advanstar, its officers, directors, employees andagents against any claim, action and/or complaint by any third party to whichwe may be exposed and you agree, in this regard, to accept exclusive liabilityfor any sums, damages, costs, lawyers’ fees and court costs for which we may beheld liable arising from your submission of material to the Sites or yourviolation of these Terms.
You agree thatAdvanstar shall be deemed to be a passive website that is based solely in NewYork and over which personal jurisdiction cannot be obtained, either specificor general, in any jurisdiction other than state or federal court in New York.
You agree thatany dispute between you and Advanstar arising out of or relating in any way tothese Terms or your use of the Sites shall be interpreted in accordance withthe laws of the State of New York without reference to its conflicts of lawsand shall in all respects be governed, construed, applied, and enforced inaccordance with the laws of New York. You also agree that any claim or disputebetween you and Advanstar shall be decided exclusively by a court of competentjurisdiction located in New York.
You agree tobe bound by any affirmation, assent, communication or agreement you transmitthrough the Sites, including but not limited to any consent you give to receivecommunications from Advanstar solely through electronic transmission. Youagree that, when in the future you click on “I agree,” “I consent,” “Submit,”or other similarly worded “button” or entry field with your mouse, keystroke orother computer device, your agreement or consent will be legally binding andenforceable and the legal equivalent of your handwritten signature.
Advanstar mayamend or revise the Terms or any other policy of Advanstar at any time and youagree to be bound by such revised Terms or policy. Any such amendment orrevisions will become effective upon the date it is first posted to this site. It is your responsibility to return to the Sites from time to time to reviewthe most current Terms and other Advanstar policies. Advanstar does not andwill not assume any obligation to notify you of changes to the Terms or anyother policy of Advanstar.
If, for anyreason, a court of competent jurisdiction finds any provision of the Terms orany portion thereof, to be unenforceable, that provision shall be enforced tothe maximum extent permissible so as to affect the intent of the Terms, and theremainder of these Terms shall continue in full force and effect. No waiver byeither party of any breach or default hereunder shall be deemed to be a waiverof any preceding or subsequent breach or default.
Last revised: December 2007
©2013 ADVANSTAR COMMUNICATIONS INC. All rights reserved.