TERMS AND CONDITIONS
PERMITTED USE OF CONTENT
All items of Content are available for use free of charge and may be (i) reproduced either in their entirety or in excerpted form, and captioned by the Member solely for editorial use within such Member’s editorial products (i.e. video news stories, print articles etc), and (ii) transmitted, distributed, publicly performed and displayed anywhere in the world as part of such Member’s editorial products by Internet, satellite or other means of distribution (whether now known or hereinafter developed), including broadcast, cablecast, web cast, display in web content radio, print or other information distribution systems. Content which is not incorporated into a Member’s editorial products may not be stored in any temporary or permanent electronic database for future use or for other purposes unless agreed to in writing by Avori Designs. However, editorial products which contain Content may be archived as part of normal archival processes. You may not use any Content for promotion or advertising of any product or service other than the editorial product into which the Content is incorporated. A Member’s rights to use the Content is non-transferable, and may not be resold, traded or otherwise transferred, except that the Content may be transferred as part of normal distribution of the editorial product.
Use of the Content in any manner other than as expressly permitted above requires the prior written consent of Avori Designs.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, in particular copyrights, in the Press Room and the Content are owned by Avori Designs.
You may not remove any copyright or other intellectual property notices contained in the Content.
The trademarks, logos and any other distinctive character displayed on the Press Room and the Content (the “Marks”) are owned by Avori Designs and may be displayed or otherwise used by you only as part of the editorial products which incorporated such Marks within the Content. All other uses require the prior written consent of Avori Designs.
You may not use any device, software or routine to interfere or attempt to interfere with the proper workings of the Press Room. You may not take any action which imposes an unreasonable or disproportionately large load on Avori Designs infrastructure. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor, deep link with or copy Avori Designs Web pages or the content contained therein without Avori Designs prior written consent.
AVORI DESIGNS PROVIDES THE PRESS ROOM, THE CONTENT AND ITS SERVICES “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. AVORI DESIGNS SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AVORI DESIGNS DOES NOT WARRANT THAT THE PRESS ROOM WILL OPERATE UNINTERRUPTED, ERROR FREE OR THAT THE PRESS ROOM, ITS SERVER AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS. AVORI DESIGNS MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY CONTENT OR OTHER INFORMATION ON THE PRESS ROOM, NOR THAT THE CONTENT OR THE PRESS ROOM WILL MEET YOUR REQUIREMENTS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL AVORI DESIGNS, ITS CONTENT PROVIDERS, OTHER SUPPLIERS, LICENSORS, OR ANY THIRD PARTIES MENTIONED ON THE PRESS ROOM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE PRESS ROOM AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. AVORI DESIGNS SHALL NOT HAVE ANY LIABILITY WHATSOEVER ARISING FROM YOUR USE OF OR RELIANCE ON ANY CONTENT, ON ANY INFORMATION REGARDING THE CONTENT OR ON THE PRESS ROOM GENERALLY.
You agree to indemnify and hold harmless Avori Designs and their respective affiliates, licensees, directors, officers, and employees against all liabilities, claims, damages and expenses, including attorney’s fees, arising from your use of the Content or the Press Room, or your violation or alleged violation of these Terms and Conditions or allegations of your use of the Content or the Press Room in any manner not permitted herein.
Avori Designs reserves the right to immediately terminate your account in its discretion, including in the event Avori Designs determines that your conduct is unacceptable, or in the event you breach these Terms and Conditions.
Avori Designs respects your rights to privacy and is committed to maintaining your confidence. Any information you provide Avori Designs through this website will not be sold or rented.
Avori Designs does not collect any information from you without your knowledge and permission. In order to access the Press Room and the Content, you must enter some identifying information. Avori Designs does not disclose this information to anyone except to manage Avori Designs website and database with the help of service providers who are subject to non-disclosure obligations. Information you provide Avori Designs is stored in a secure location and is accessible only by designated staff.
Membership in the Avori Designs Press Room is generally limited to journalists and independent producers for media outlets that wish to incorporate any content of the Press Room (the “Content”) into their editorial products. However, Avori Designs reserves the right to grant access to other parties as it determines to be appropriate. Each Member agrees to provide Avori Designs with accurate and complete registration information. Members should provide updated registration information to Avori Designs. Members are responsible for maintaining the confidentiality of their password and account and each Member is fully responsible for all activities that occur under such Member’s password and account. If any unauthorized use of your password or account or other breach of security occurs you must notify Avori Designs immediately and promptly change your password.
Avori Designs reserves the right to change, modify, add or remove portions of these Terms and Conditions at any time and such changes shall be effective upon posting the new Terms and Conditions on the Press Room.
APPLICABLE LAW AND JURISDICTION
These Terms and Conditions and, generally, the use of the Press Room and the Content, are governed by the laws of United States of America.
ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS AND, GENERALLY, WITH THE USE OF THE PRESS ROOM AND THE CONTENT, SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE ORDINARY COURTS OF THE CANTON OF THE UNITED STATES.