Terms of Use

Following are the terms and conditions that govern your use of this Site (“Terms of Use”).

Using this site tells us that you have read and agreed to our Terms of Use detailed below and our Privacy Policy. Please read the following sections carefully. If you do not agree with these terms, please exit this Web Site or any site affiliated with this Web Site. These Terms of Use apply to all web sites owned and operated by Adtaxi. Adtaxi reserves the right to terminate Membership (defined below) and deny access to the Site to any person who violates these Terms of Use.

Future Changes

Adtaxi may change these Terms of Use, including our Privacy Policy, upon notice, which may be given by posting such notice on the Web Site. However, in some cases, if in the reasonable view of Adtaxi, a change to the Terms of Use or to our Privacy Policyconstitutes a material change, such a change will not take effect until 14 days after notice is provided, during which time you may notify us that you do not accept the change. Your continued use of the Web Site after such 14 day period will mean that you accept any such change. Although we may choose to notify you of changes by email or by other means, you agree that notice of changes to the Terms of Use and Privacy Policy posted on the Web Site constitutes reasonable and sufficient notice.

Intellectual Property Rights

All information, content, services and software displayed on, transmitted through or used in connection with Adtaxi sites, including, but not limited to, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos and the like, as well as its selection and arrangement (together, the “Content), is owned by Adtaxi and its affiliated companies or the third party credited as the owner of the Content. You may use the Content online only, and solely for your personal, non-commercial use. If you operate a web site and wish to link to any of the sites owned and operated by Adtaxi, you may do so provided you agree to cease such link upon request from Adtaxi and that you do not state or imply any sponsorship of your site by Adtaxi (for example, by using our stylized trademark or logo). No other use is permitted without prior written permission of Adtaxi. The permitted use described in this Paragraph is contingent on your compliance at all times with these Terms of Use.

You may not, for example, republish any portion of the Content on any internet, intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy our Content without written permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Web Site, or insert any code or product or manipulate the Content of Adtaxi or the Web Site in any way that affects the user’s experience, and not to use any data mining, data gathering or extraction method.

In certain cases, you may be able to obtain a license to use individual stories that appear on the Web Site or affiliated Adtaxi Web Sites through online functionality we have specifically designated. For example, email a story to a friend or purchase a photograph.

Copyright Complaints

Adtaxi respects the intellectual property of others and holds no claim to copyrights of Content that is owned by a third party or is in the public domain. If you believe your work has been copied in a way that constitutes copyright infringement or you are aware of any infringing material on any of Adtaxi Web Sites, please provide to Adtaxi’s Copyright and Intellectual Property Agent the following information at copyright@digitalfirstmedia.com:

·      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 interest that is the subject of your claim;

·      a description of where the material is located on the Web Site;

·      your address, telephone number, and e-mail address;

·      a statement by you that you have a good faith belief that access to the relevant material through the Site is inappropriate;

·      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 other intellectual property owner or authorized to act on the copyright or other intellectual property owner’s behalf.

Membership, Registration, Termination and Passwords

To use certain features of certain services provided by Adtaxi, you must register on the form(s) provided. Once registered you will become a “Member” and will be considered to have “Membership” in the Web Site. If you become a Member of the Adtaxi Web Site, or any of its affiliated Web Sites or services, you accept responsibility for all activities that occur under your account and password, and agree not to sell, transfer or assign your Membership or any Membership rights.

When registering, you agree to provide true, accurate, current and complete information about yourself as prompted by the Web Site’s registration form and to maintain and promptly update the information you provide to keep it true, accurate, current and complete. We reserve the right to terminate your Membership at any time for any reason and without notice. In the event of termination, you are no longer authorized to access the part of the Web Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from any portion of the Web Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so others outside your household may not access Adtaxi using your name in whole or in part without your permission. If you believe someone has accessed your member name and/or password without your authorization, e-mail us immediately. Adtaxi cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

License to Adtaxi

By posting a message, uploading a file, providing information to, communicating with, or otherwise placing any material on our Web Sites, you are granting Adtaxi, an irrevocable, royalty-free, perpetual, non-exclusive, unrestricted right and license to use, copy, sublicense, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology or any kind now existing or developed in the future. Without limiting the generality of the previous term, you authorize Adtaxi and its affiliates to share the information across all Adtaxi locations, other Adtaxi Web Sites and to use your name and any other information in connection with its use of the material you provide. All such rights are granted without the requirement for additional compensation of any sort to you and without further permission required.

Interactive Features

Services offered by Adtaxi or any of its affiliates on any of its Web Sites may include a variety of features, such as message boards, photo galleries, comments and other interactive features which will allow feedback to Adtaxi and real-time interaction between users (collectively “Services”). These features are provided to give users an interesting and stimulating forum to express their opinions and share ideas and information. Adtaxi cannot and does not monitor all of the material posted or transmitted by users and third party information providers.

It is a condition of your use of these Services that you generally exercise your best judgment and specifically do not:

·      Restrict or inhibit any other user(s) from using and enjoying the Web Site.

·      Post any material that contains vulgar, profane, abusive, hateful or racist language or expressions, text, photographs or illustrations in poor taste, or attacks of a personal, racial or religious nature.

·      Post any material that is threatening, false, defamatory, misleading, fraudulent, unfair, and inaccurate, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any party, is unreasonably harmful or offensive to any individual, community, association, business or group.

·      Violate any right of Adtaxi or any of its subsidiaries or affiliates.

·      Post any material that discriminates, or refers to such matters in any manner prohibited by law.

·      Disrupt, interfere with or otherwise harms or violates the security of Adtaxi, the Web Site or any services, resources, passwords, servers or networks through Adtaxi or affiliated or linked sites.

·      Post any material that contains or links to viruses or other harmful, disruptive or destructive files.

·      Use or attempt to use another’s identity, account, password, service or system except as expressly permitted by the Terms of Use.

·      Post any material that includes copyrighted or other proprietary material of any kind without express permission of the owner of the material.

·      Post any material that includes advertisements, promotions, or offers to trade any goods or services, except in areas specifically designated for such purpose, if available.

·      Post any material that violates or encourages the violation of any municipal, state, federal or international law, rule or regulation.

Adtaxi reserves the right to delete any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content. Adtaxi also reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Adtaxi’s sole discretion are objectionable or in violation of these Terms of Use.

Responsibility for the Content You Submit

You are fully responsible for any content you submit on our Web Site (which includes posting a message, uploading a file, providing information to, communicating with, or otherwise placing any material on the Web Site). You also understand that we are not responsible for any content you may submit on the Web Site. You also understand and certify that you have the permission of others who may have contributed to or are featured or depicted in any content you submit on the Web Site. If there are any individuals under the age of 18 in any photographs, videos, or images in the content you intend to submit on the Web Site you must obtain and you certify that you have obtained the permission of the parent or legal guardian of any such individual before submitting such content.

E-Commerce and Transactions on our Web Sites

Adtaxi may allow you to engage in a transaction involving the purchase of a product or service such as a newspaper subscription, a print or online advertisement, a print of a photograph, a photograph product or other tangible goods and services. To serve you most efficiently, credit card transactions and order fulfillment are often handled by a third party. These third parties may have separate privacy and data collection practices, so please be sure to read these as well. If you’re concerned about online credit card safety, in most cases a telephone number will be provided so that you can call to place your order by phone. Adtaxi cannot take responsibility for the success or security of transactions undertaken or processed by third parties. Adtaxi is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these third-party products and services. You agree to release Adtaxi, Adtaxi and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through Adtaxi.

Links

Links to or from other Internet sites may be included at times as a convenience to the user. These sites have not necessarily been reviewed by Adtaxi and are maintained by third parties over which Adtaxi exercises no control. Accordingly, Adtaxi expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on, and / or software downloaded from these third-party web sites. Moreover, these links do not imply an endorsement of any third party, web site, or products or services provided by any third party, and Adtaxi takes no responsibility for them.

Mobile

The Web Site may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to upload to the Web Site via your mobile phone (Mobile Uploads), (b) the ability to receive and reply to messages and to send content and messages using text messaging (Mobile Text), and (c) the ability to access the Web Site from your mobile phone (Mobile Web) (collectively, the “Mobile Services”). We generally do not charge for Mobile Services. Your carrier’s normal messaging, data and other rates and fees will, however, still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. By using the Mobile Services you agree that we may communicate with you regarding the Web Site and our partners by SMS/ MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.

You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account on the Web Site to reflect this change.

Disclaimer and Limitation of Liability

ALL CONTENT OF THIS WEB SITE, INCLUDING ANY SOFTWARE, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Adtaxi, ITS SUBSIDIARIES, AFFILIATES, AND THEIR AGENTS AND ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EXPRESSED OR IMPLIED, RELATING TO ANY CONTENT AVAILABLE ON THE SITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES AND REPRESENTATIONS OF NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA ACCURACY. Adtaxi, ITS SUBSIDIARIES AND AFFILIATES DO NOT WARRANT OR REPRESENT THAT ANY CONTENT OF THIS WEB SITE (INCLUDING ANY SOFTWARE) OR ANY DATA ON THIS WEB SITE IS ACCURATE, ERROR-FREE, COMPLETE, OR CURRENT, THAT USE OF SUCH CONTENT OR DATA WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE, ITS CONTENT OR DATA, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, Adtaxi AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY OBLIGATION TO MAINTAIN THIS WEB SITE OR KEEP IT OPERATIONAL. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS WEB SITE AND THE CONTENT IT PROVIDES.

ALL SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED FOR TRADING OR INVESTING PURPOSES, OR FOR COMMERCIAL USE. STOCK AND MUTUAL FUND QUOTES, AND RELATED FINANCIAL NEWS STORIES MAY BE DELAYED AT LEAST 20 MINUTES, AS MAY BE REQUIRED BY THE STOCK EXCHANGES AND/OR THE FINANCIAL INFORMATION SERVICES. THE SITE SHOULD NOT BE USED IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, ENVIRONMENT, FINANCES OR BUSINESS MAY RESULT IF AN ERROR OCCURS. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.

IN NO EVENT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL Adtaxi, ITS SUBSIDIARIES OR AFFILIATES, INCLUDING ALL PREDECESSORS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THOSE THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MATERIALS, PRODUCTS OR SERVICES, OR THIRD PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Adtaxi AND ITS SUBSIDIARIES AND AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

Use of Company Directories

The information contained in the Company Directories is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will Adtaxi or its suppliers be liable in any way with regard to such Information.

Choice of law and Venue

The Privacy Policy and Terms of Use and the relationship between you and Adtaxi shall be governed by the laws of New York without regard to its conflict of law provisions. You and Adtaxi agree to submit to the personal and exclusive jurisdiction of the courts located within County of New York, New York.

Termination

Adtaxi reserves the right in its sole discretion to terminate or restrict your use of the Web Site, or any part of the Web Site, without notice, for any or no reason, and without liability to you or any third party. The Terms of Use relating to Intellectual Property Rights, Disclaimer and Limitation of Liability, and Choice of Law and Venue shall survive termination.

Miscellaneous

This agreement constitutes the entire agreement between Adtaxi and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written and oral. You also may be subject to additional terms and conditions that may apply when you use specific services on this Web Site, or the products or services of a third party that are provided through this Web Site.

International

Interest-Based Advertising

Adtaxi adheres to the European Digital Advertising Alliance (EDAA) Principles in the EU and the IAB Europe OBA Framework.

Adtaxi uses cookies, web beacons, pixels, etags, and similar technologies to give publishers the possibility to offer, and advertisers the ability to show, targeted ads on desktop or mobile device. These ads are more likely to be relevant to you because they are based on inferences drawn from location data, web viewing data collected across non-affiliated sites over time, and/or application use data collected across non-affiliated apps over time. This is called “interest-based advertising.”

Opt-out: To opt-out please contact privacy@digitalfirstmedia.com. To mail an opt-out request please send to:

Attn: Legal

4 North Second Street, Suite 800

San Jose, CA 95113