Terms and Conditions of Use
Created on: 05/11/2010
We are pleased that you have elected to visit our website.
APL Creative, Inc.
437 Madison Avenue, 40th Floor
New York, New York 10022
Use of This Website
This website is operated by, or on behalf of, APL. Not all products and services listed on this website are available in all geographic areas. To the extent that access, distribution and/or use of this website would be deemed illegal by applicable law in any legal and/or regulatory jurisdictions, then such access, distribution and/or use by you is prohibited in such jurisdiction.
Use of Materials
All material on this website, including but not limited to images, logos, trademarks, appearance, graphics and any documentation (collectively referred to as the "Material"), is protected under various intellectual property laws and (except where otherwise stated) owned or controlled by APL, or used with permission of the owner(s) of such Material.
Except as otherwise indicated on this website, copying, reproduction, uploading, downloading, transmitting or any other use of this website or of any of the Material, in whole or part, without the express permission of APL, is prohibited. You may, however, copy, reproduce, download, transmit and/or print individual pages contained on this website for the purpose of accessing this website under these Terms and Conditions and/or your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on: (i) this website; (ii) any of the Material; or (iii) any such individual pages so copied, reproduced, downloaded, transmitted or printed. Any unauthorized use of this website and/or the Materials may subject the user to criminal prosecution and/or civil liability under applicable law.
From time to time, this website may contain links to other websites that are not controlled and/or maintained by APL. Access to, and use of, such other websites is subject to any terms and conditions of use which govern such websites. By providing links to those websites, APL shall not be deemed to endorse, recommend and/or guaranty such websites or any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites.
APL is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damage that may result from use thereof. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such websites may have privacy policies or terms and conditions of use that differ from those of the APL and/or may provide their users with less security than the APL website. Any use of such other websites, links and or hyperlinks is undertaken at your own risk and liability.
User Submitted Content
On certain sections of this website, you may be permitted to: post, display and/or publish (“post”) comments, information, creative works (including but not limited to text, images, photos, audio and/or audiovisual works) or other materials; make selections from various options; or cast votes on particular topics (“User Content”). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that APL has no responsibility for, or ownership of, any User Content posted at this website and will not be liable for any User Content that is in violation of these Terms and Conditions. With respect to all User Content that you post, you represent and warrant that: (i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this website (including but not limited to all copyright and right of publicity/privacy rights);(ii) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or the Terms and Conditions; (iii) no money will be owing to any party as a result of the posting or use of the User Content or its use as contemplated by these Terms and Conditions; and (iv) you will be responsible for all User Content submitted through your account, and for all purposes under these Terms and Conditions, all User Content submitted from your account shall be deemed to have been submitted by you.
APL has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this website, in addition to all other rights it has under this Agreement, at law or in equity, APL reserves the right, in its sole and absolute discretion, to remove without notice, or refuse to post in the first instance, any User Content.
Any User Content sought to be posted at the website must conform, in the sole and exclusive opinion of APL, to the following rules and standards.
It must: (i) conform to all applicable laws, (ii) be appropriate in the context of the general purposes of the website; (ii) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (iii) not provide personal information, or solicit such information from any other visitor to the website; (iv) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;” (v) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; and (vi) not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by these Terms and Conditions. You represent that you will not commercially exploit any User Content or other information or materials obtained from the website.
User Content License
After posting your User Content on or through the website, you will continue to retain all ownership rights in such User Content except as specifically set forth herein. However, by posting any User Content on or through the website, you hereby agree to abide by the Terms and Conditions of the website and grant to APL a perpetual, irrevocable, nonexclusive, worldwide, royalty-free, fully paid, sublicensable (through multiple tiers) and transferable license to use, modify, publicly perform, publicly display, publish, republish, copy, broadcast, transmit, reproduce, edit, aggregate, translate, reformat, prepare derivative works based upon, distribute and otherwise exploit such User Content, in whole or in part, in connection with: (i) the website (and those of their approved partners); and (ii) APL’s (and its successors’, assignees’, parents’, subsidiaries’, affiliates’, distributors’ and licensees’) businesses and the redistribution of part or all of the website; in any media formats and through any media channels now known or hereafter developed (collectively, the “Services”). You also hereby grant each visitor to the website a non-exclusive license to access your User Content through the website, and to use, reproduce, distribute, display and perform such User Content as permitted by these Terms and Conditions. Further, you understand and agree that APL may retain, but not display, distribute or perform, server copies of User Content that has been deleted or removed. You understand that APL performs technical functions necessary to offer the website, including but not limited to transcoding and/or reformatting content to allow its use through the Website.
Copyright Infringement Policy
APL values intellectual property and respects the intellectual property rights of others, and will remove materials on its website that infringe the copyrights of others. If you believe that your copyrighted material may have been infringed by material contained on this website, then pursuant to Title 17, United States Code § 512, please notify APL's Designated Agent in writing as follows:
Name/Address of Designated Agent:
Adam Perry Lang
APL Creative, Inc.
437 Madison Avenue, 40th Floor
New York, New York 10022
Electronic Mail Address:
In your notice, you must include the following: (i) a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner; (ii) identification of the copyrighted work(s) that is (are) allegedly being infringed; (iii) identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow us to locate such materials; (iv) contact information ( i.e., name, address, email address) sufficient to enable APL to contact you; (v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and (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 the exclusive right that is allegedly being infringed.
Certain pages or sections of this website may contain terms and conditions of use which are in addition to or different from these Terms and Conditions. In the event that there is a conflict between such additional or different terms and conditions of use and these Terms and Conditions, the additional or different terms and conditions of use will govern with respect to the specific pages or sections to which they apply.
Limitation of Liability and Use of Disclaimer
APL is not responsible for any damages or loss related to the use of this website.
THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE, ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR FUNCTION AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, OR MERCHANTABILITY WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. APL RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. APL SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE.
Certain jurisdictions prohibit the limitation or exclusion of liability and disclaimers for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, APL's liability is limited to the greatest extent allowable under applicable law.
Accessing, Transmitting and Downloading
APL is not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.
APL does not warrant or represent that the website will meet your requirements, that access will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system. We do not guarantee that this website will be compatible with all or any hardware and software which you may use.
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment.
By using this website, you agree that you will be responsible for maintaining the confidentiality of any APL password and/or account information, and that you will take all reasonable measures to maintain such confidentiality including without limitation restricting access to your computer to avoid disclosure of such. You further acknowledge and agree that you will be responsible for all activity taken under your password and/or account unless the provision of any such unauthorized use is due to APL’s gross negligence.
You agree to indemnify, defend and hold harmless APL and its affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys fees) arising from or in connection with: (i) your use of the website; (ii) your posting of User Content; and/or (iii) any violation of these Terms and Conditions. You agree that your representations and warranties, and your obligation to indemnify APL, shall survive beyond any term that these Terms and Conditions are in effect.
When you communicate with APL electronically, via email or otherwise, you consent to receive electronic communications from APL. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by APL satisfy any legal requirement that such communication be in writing. APL encourages you to retain your own copies of relevant information, however, upon your request;, APL will provide you with hard copies of your relevant information. To make such a request, please contact: firstname.lastname@example.org.
Changes in Policy
From time to time, the provisions set forth in these Terms and Conditions may change. We will post changes to the Terms and Conditions on this website. Please review these Terms and Conditions often so that you will remain abreast of our current terms and policies (see date at the top for latest version).
Acquisition of Business
In the event that APL is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this website, all data collected on this website, and all of APL’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, APL will post a notice to such effect on this website and/or by any other media or contact method as may be required by applicable laws and regulations.
Use of this website and these Terms and Conditions shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions.
Any dispute concerning your use of this website shall be submitted to binding arbitration in New York City, New York, within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms and Conditions shall be joined to any other arbitration initiated pursuant to these Terms and Conditions.
Notwithstanding anything to the contrary set forth in these Terms and Conditions, APL may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and in any other court having jurisdiction, in the event that APL believes that you have violated or threatened to violate any of APL’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court(s).
In the event that any portion of these Terms and Conditions are deemed unenforceable, unlawful or void by a Court of competent jurisdiction, in any jurisdiction for any reason, including but not limited to the scope, duration or area of its applicability, unless narrowed by construction, such provision shall be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the parties hereby request that the court making any such determination exercise its power to modify, to the extent necessary to make such provision or provisions enforceable, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable for any reason, such provision shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No waiver by APL of any term or condition of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and APL’s failure to assert any right or demand compliance with any provision of these Terms and Conditions shall not be deemed to constitute a waiver of any such right or provision.
Assignment and Third Party Rights
© 2010 APL Creative, Inc. All rights reserved.