Terms & Conditions

Please read these Terms and Conditions of use carefully before using or obtaining any content through our website.

Access to and use of this website is subject to acceptance of the terms and conditions below ("Terms"), which includes our Privacy Policy. By accessing, using or obtaining any content, products, or services through this website, you agree to be bound by these terms. If you do not accept all of the Terms, then please do not use this website.

1. DEFINITIONS


In this document, terms that commence with a capital letter are defined in this Section.

"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are stored or otherwise available on the Site. "Content" also includes Marks and Products and Services.
"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
"Active" or "we" means Active Media Services, Inc. and its subsidiaries and affiliates.
"Site" means this website, together with the respective Content, and Marks, available from this Site, as well as the software used to operate the Site.

As used herein “you” and “your” refers to a Member or authorized user.

 

2. SCOPE AND TERMS

Site
These Terms govern your use of all Content available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of Active and its Providers.

License
Active grants you a limited, personal, nontransferable, non-sublicensable, revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or license not expressly granted herein are reserved.  Unless we have granted you permission in advance and in writing, you may use the Site only for your personal, non-commercial use, and not to provide services to a third party.

No Copy, Distribution, or Sale

You may download, display, or print one (1) copy of any portion of the Content.  If you do so, you may not modify the Content in any way.


Except as provided above, you may not:

  • Copy, reproduce, upload, post, display, republish, distribute, transmit, any part of the Content in any form whatsoever;
  • Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
  • Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
  • Reverse engineer any part of this Site; or
  • Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.

Other Limitations
Unless otherwise provided within these Terms, or unless specific applicable law requires Active to allow you to do so, you may not do any of the following without the prior written consent of Active:

  • Use any robot, spider, other automatic device, or manual process to monitor Content;
  • Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by Active, or other site users
  • Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, intercept, the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
  • Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or
  • Disguise the origin of the information transmitted through the Site.

Termination
Active, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. 


Changes

Active reserves the right, in its sole discretion, to update or modify these Terms, impose new conditions, or make any other additions, deletions, modifications or changes to any part of the Site at any time without prior notice. Such changes, modifications, additions or deletions will be effective immediately upon posting on the Site. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the revised Terms. For this reason, we encourage you to review these Terms whenever you use this Site.

3. PRIVACY AND SECURITY

Your use of the Site is subject to our Privacy Policy, which can be viewed at http://www.activeinternational.com/default.aspx?id=7870. You agree that you have read our Privacy Policy, and it is reasonable and acceptable to you. 

4. SERVICES AND CONTENT

Availability
We will use our reasonable commercial efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. We assume no liability or responsibility for any delay, interruption, or downtime.

Content
The Content is intended for information purposes only. Although we exercise reasonable efforts to ensure their quality and accuracy, there might be errors, or the information provided may not be complete, current, or applicable to your particular situation. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site.

Viruses
We make reasonable attempts to exclude viruses from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any damages to computer equipment or other property that may result from use of the Site or downloading anything from the Site.

5. INTELLECTUAL PROPERTY

Ownership Rights 
This Site (including the programming for the Site) and its Content is the sole and exclusive property of Active or its licensors. Active and its licensors retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site and its Content. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties.  Any unauthorized use, reproduction or modification of this Site may violate such laws.
 

6. COPYRIGHT POLICY  

You may not use the Site to post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary materials belonging to others without obtaining the prior written consent of the owner of such proprietary materials.  It is Active’s policy to terminate privileges of user of the Site who infringes the copyright of others upon receipt of prompt notification to Active by the copyright owner or the copyright owner's legal agent.  Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please review and utilize our procedures for protecting your rights as set forth below. 

In accordance with the Digital Millennium Copyright Act, 17 U.S.C. 512, Active has adopted the following policy concerning copyright infringement.  Active respects the legitimate rights of copyright owners and their agents and representatives.  Members and others who use any part of the Site are required by these Terms to respect the legal protections provided by applicable copyright law.

Procedure for Reporting Copyright Infringements.  If you believe that your work has been copied on this Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information: 

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the Site (including the specific URL of each item in dispute, which should help us to quickly locate the Content);
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY OF THE PROCESSING OF THE DMCA NOTIFICATION AND MAY RESULT IN YOUR HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS.

Notice and Takedown
If Active receives proper notification of claimed copyright infringement, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity.  Active will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below.  Active may, at its discretion, deny access to this Site by, or disable and/or terminate the accounts of, Members or other users who may be infringers.
 
Designated Agent
Notice of claims of copyright or other intellectual property infringement can be delivered as follows, by email, fax or standard mail:

Active Media Services, Inc.
One Blue Hill Plaza
Pearl River, NY  10965
Attn: Dayna Frank, General Counsel
Fax:  (845) 735-2342
Email:  dfrank@activeinternational.com 
Upon receipt of proper notification of claimed infringement, Active will follow the procedures outlined herein and in the DMCA.

Copyright Counter-Notices
If Content you posted on the Site was removed for copyright or intellectual property infringement and you would like to dispute that removal, the process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act:

  • To file a counter-notification with us, you must provide a written communication that sets forth the items specified below.
  • Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.  Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of Members who are infringers.  Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

Elements of Counter-Notification
To expedite our ability to process your counter-notification, please use the following format (including section numbers):

  • Identify the specific URLs of material that Active has removed or to which Active has disabled access.
  • Provide your full name, address, telephone number, email address and the Member name of your Active account.
  • Provide a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or New York County, New York; if your address is outside of the U.S.A.), and that you will accept service of process from the person who provided notification to Active in accordance with the process outlined above or an agent of such person.
  • Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
  • Sign the notice.  If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted.  Send the communication to the following address:

    Active Media Services, Inc.
    One Blue Hill Plaza
    Pearl River, NY  10965
    Attn: Dayna Frank, General Counsel
    Fax: (845) 735-2342
    Email:  dfrank@activeinternational.com

    After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement.  Please note that when we forward the counter-notification, it includes any of your Identifying Information set forth in the counter-notification.  By submitting a counter-notification, you consent to having such Identifying Information revealed in this way.  We will not forward the counter-notification to any party other than the original claimant.

    After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site.  If we receive such notification, we will be unable to restore the items.  If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).

    Foreign Counter-Notification:  If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership.  Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.  Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of Members who are infringers.  So, if you are not sure whether Content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States.  If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Elements of Counter-Notification.”

    DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE.  WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

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