Effie Worldwide

Terms of use


TERM & CONDITIONS – Effie.org
PLEASE READ THE FOLLOWING CAREFULLY.
 
Welcome to the Effie Worldwide, Inc. website. We ask that all the visitors to www.effie.org on the World Wide Web (the ‘Site’) adhere to our terms and conditions (Terms).
 
The Terms below apply for all visitors to www.effie.org.
 
Please check these terms periodically for changes. By accessing the Site at effie.org, you indicate your acknowledgement and acceptance of these terms and conditions (including any changes). This is a legally binding agreement.
 
1. Introduction
 
This site is owned and operated by Effie Worldwide, Inc. As a user, you will be able to access material on most areas of the Site. However, Effie Worldwide, Inc. reserves the right to suspend or terminate your access and use of the site at any time, and may exercise this right with or without notice.
 
2. Privacy Policy
 
Please review our Privacy Policy available from the home page of www.effie.org.
 
3. Restrictions On Use Of Materials
 
3.1 All material on the Site and messages by email belong to Effie Worldwide, Inc. You may retrieve and display content from the site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on a server or any other storage device connected to a network) for your personal, non-commercial use. You may only display and view video and creative material on the Site, but not retrieve, display or store such material away from it.
 
3.2 Except as expressly set out in 3.1, you may not reproduce, republish, post, transmit, upload, modify or in any way commercially exploit any of the Content (as print or in electronic form). Information may be used as source material having given full credit to Effie Worldwide, Inc. as the source including the trademark and copyright notice. Copyright notice in the form:
 
© Effie Worldwide, Inc. All Rights Reserved. Effie is a trademark / service mark of Effie Worldwide, Inc.
 
must appear in every copy or reproduction of such Effie Worldwide, Inc. materials. Modification of the materials or use of the materials for any other purpose is a violation of Effie Worldwide Inc.’s copyright and other proprietary rights.
 
3.3 The database of material contained on effie.org may not be downloaded in its entirety, nor may any user create a database in electronic or structured manual form by systematically downloading and storing any or all of the content.
 
4. Effie Worldwide, Inc. Trademarks
 
Unless otherwise stated, all trademarks, service marks, and trade names are proprietary to Effie Worldwide, Inc. These include but are not limited to Effie, Effie Worldwide, Inc., Effie Awards, Global Effie, Euro Effie, Effie APAC, MENA Effie, Awarding Ideas that Work, Effie Effectiveness Index, Effie Index, etc.
 
5. Trademark Notice
This Site may contain trademarks, copyrights and other intellectual property rights of third parties. All such rights are proprietary to their respective owners. Users are prohibited by law and these conditions from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this Site for commercial or public purposes. Except as specifically permitted in accordance with the terms and conditions governing use of this Site, any use of such trademarks or tradenames is strictly prohibited without the express written permission of these owners.
 
6. Disclaimer and Limitation Of Liability
 
6.1 The user/visitor expressly acknowledges and agrees that the Site is provided subject to the disclaimers and limitations of liability set out in these Terms & Conditions, and agrees to be bound by them.
6.2 Effie Worldwide, Inc. relies on the World Wide Web for the delivery of the Site to subscribers and without limiting the foregoing whilst Effie Worldwide, Inc. will use reasonable efforts to minimise delays and interruptions in the delivery and/or updating of the Site, Effie Worldwide, Inc. will not be liable to users in any manner whatsoever for any consequences of such delay or interruption.
6.3 Every user who visits this Site does so at his or her own risk. The materials in this Site are provided “as is” and without warranties of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Effie Worldwide, Inc., nor any other party involved in the creation, production or delivery of this Site or whose materials or information appear in this Site, will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, line failure, technical inaccuracies, typographical errors or the inability to use the materials in this Site, even if there is negligence on Effie Worldwide Inc.’s part or an authorized Effie Worldwide, Inc. representative has been advised of the possibility of such damages, or both.
6.4 Effie Worldwide, Inc. may discontinue the Site or any part immediately if the provider of the material contained on the Site, or any part, withdraws or limits the licence or authority of Effie Worldwide, Inc. to include such material on the Site.
6.5 The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. In that event, Effie Worldwide’s total liability to you for all losses, damages, and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access this Site.
 
7. Force Majeure
 
Failure or delay by Effie Worldwide, Inc. in performing its obligations under this Agreement as a result of circumstances outside Effie Worldwide Inc’s reasonable control shall not constitute a breach of this Agreement. Effie Worldwide, Inc. shall, as soon as conditions return to normal, take all reasonable steps to rectify the failure or delay at the earliest opportunity.
 
8. Assignment
 
You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms.
 
9. Invalidity
 
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which remain in full force and effect. Headings in these Terms are for convenience only and will have no legal meaning or effect.
 
10. Links
 
Effie Worldwide, Inc. is not responsible and assumes no responsibility for the contents of any non-Effie Worldwide, Inc. linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. The Internet websites to which links are provided in this Site are not under the control of Effie Worldwide, Inc. Access to any other Internet sites linked to the Site is at the user’s own risk.
10.2 In addition, the existence of a link between this Site and any other Internet website is not and shall not be understood to be an endorsement by Effie Worldwide, Inc. of any material, substance, information or the owner or proprietor of the linked Internet website, or of the site’s privacy policies, and such link shall not imply nor create any relationship nor endorsement between Effie Worldwide, Inc. and the owner or proprietor of such linked website.
 
11. Termination
 
Effie Worldwide, Inc. may cancel or withdraw access to the Site and without notice at any time and may amend or terminate these terms for any reason.
 
Effie Worldwide, Inc. reserves the right to block access from any user who is making downloads from the Site in a manner that Effie Worldwide, Inc. deems to be unauthorised or suspicious. This includes: users downloading more than 50 papers within one week, etc.
 
12. Jurisdiction and Validity
 
The Terms of Use is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in New York City, New York, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions. The Terms of Use is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. The Terms of Use is not assignable, transferable or sublicensable by you except with Company’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
 
13. Contact Details
 
Effie Worldwide, Inc.
116 East 27th Street, 6th Floor
NY, NY 10016
T: 212-687-3280
Please read the Website’s Privacy Policy at effie.org.
 
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS – DO NOT USE THE SITE.
 
© 2009 Effie Worldwide, Inc.
All Rights Reserved.