TERMS OF SERVICE

AUDIENCELOGIX.COM IS A SUBSIDIARY OF AUDIENCELOGIX, LLC ("AUDIENCELOGIX.COM" OR "WE" OR "US"). THESE TERMS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME (“TERMS”) ARE A BINDING CONTRACT BETWEEN DOMAIN AND YOU (“YOU” OR “USER”). BEFORE USING THE AUDIENCELOGIX.COM WEBSITE OR ANY VIDEO, AUDIO, APPLICATIONS, FEATURES OR FUNCTIONALITY AVAILABLE ON OR THROUGH THE WEBSITE (COLLECTIVELY, THE “SITE”), WE ENCOURAGE YOU TO PLEASE READ THESE TERMS CAREFULLY. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY, AND YOU AGREE TO FOLLOW THE GUIDELINES AND POLICIES THAT DOMAIN MAY POST ON THE SITE OR PROVIDE TO YOU FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE, IN WHICH CASE YOU SHOULD IMMEDIATELY EXIT AND NOT USE THE SITE. DOMAIN MAKES THE SITE CONTENT AND INFORMATION ON THE SITE AVAILABLE TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THE TERMS. THESE TERMS APPLY TO ALL USERS, INCLUDING VISITORS TO THE SITE, AND REGISTERED MEMBERS AUTHORIZED TO SUBMIT CONTENT TO THE SITE. IF YOU WISH TO BECOME A REGISTERED USER, COMMUNICATE WITH OTHER REGISTERED USERS AND MAKE USE OF DOMAIN.S SERVICES, YOU MUST READ THIS AGREEMENT AND ALSO INDICATE YOUR ACCEPTANCE DURING THE REGISTRATION PROCESS. 1.DESCRIPTION OF SITE; MINIMUM AGE REQUIREMENT AUDIENCELOGIX.COM IS A POPULAR PLACE TO FIND INFORMATION ABOUT A VARIETY OF PLACES, RESTAURANTS, BUSINESSES INTERNET NAVIGATION ASSISTANCE WEB PAGES (“RESULTS PAGES”), LOCALIZED EVENTS PAGE AND OTHER THINGS. YOU AND OTHER USERS OF OUR SITE HAVE ACCESS TO THOUSANDS OF REVIEWS, PUBLIC INFORMATION, AND APPLICATIONS THAT ARE INTENDED TO PROVIDE DIRECTIONS AND GENERAL INFORMATION ABOUT NUMEROUS TOPICS. MOST OF THESE ARTICLES ARE CONTRIBUTED BY PEOPLE FROM YOUR NEIGHBORHOOD, AND EVEN FROM PEOPLE ACROSS THE UNITED STATES AND OR EVEN OTHER COUNTRIES, AND REPRESENT A DIVERSITY OF PERSPECTIVES AND EXPERIENCES TO PERSONS, PLACES OR THINGS THAT MAY BE OF INTEREST TO YOU. MOST NOTABLY AUDIENCELOGIX.COM IS A PLACE FOR YOU TO FIND OUT ABOUT PERSON, PLACES OR THINGS WHICH INTEREST YOU SPECIFICALLY. THE SITE WILL ALSO BE A PLATFORM FOR YOU TO COMMENT AND SHARE YOUR EXPERTISE WITH OTHERS. IN RETURN FOR OUR DISPLAY OF YOUR CONTENT FOR ANY PERIOD OF TIME, YOU AGREE TO GRANT THE LICENSE TO AUDIENCELOGIX.COM DESCRIBED IN SECTION 5 HEREOF. THE SITE IS FOR GENERAL INFORMATION AND ENTERTAINMENT PURPOSES ONLY. WE PUBLISH SEARCH RESULTS AND OTHER CONTENT WHICH IS SPECIFIC TO YOUR QUERY. ANY OF THE INFORMATION ON THE SITE IS A REPRESENTATION OF OPINIONS, EXPERIENCES AND PERSPECTIVES OF A VARIETY OF PERSONS ACROSS THE WORLD AND USERS OF THE SITE. YOU SHOULD ASSUME THAT WE HAVE NOT INDEPENDENTLY VERIFIED THE ACCURACY, THOROUGHNESS, OR RELEVANCE OF THE CONTENT AVAILABLE ON THE SITE. ALL OF THE CONTENT AND INFORMATION APPEARING ON THE SITE IS SUBJECT TO THE DISCLAIMERS SET FORTH BELOW IN SECTION 14. THIS SITE IS NOT INTENDED FOR CHILDREN, IT IS INTENDED FOR USE BY PERSONS WHO ARE AT LEAST 13 YEARS OLD. BY USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OLD, AND YOU HEREBY RATIFY ANY PRIOR GRANT OF RIGHTS, CONSENTS, AGREEMENTS, ASSIGNMENTS AND WAIVERS MADE BY YOU. IF YOU CHOOSE TO SET UP AN ACCOUNT, YOUR ACCOUNT MAY BE USED ONLY BY YOU. 2.DOMAIN MAY MODIFY THE TERMS AT ANYTIME AUDIENCELOGIX.COM RESERVES THE RIGHT TO CHANGE THE TERMS, CONDITIONS, AND NOTICES UNDER WHICH IT OFFERS ANY OF ITS SERVICES AT ANY TIME, AT OUR SOLE DISCRETION, FOR ANY REASON, AND WITHOUT NOTICE, AND SUCH MODIFICATIONS SHALL BE DEEMED EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS. THE SITE MAY MODIFY, ADD OR REMOVE ANY OR ALL PARTS OF THESE TERMS AND CONDITIONS, AS WELL AS THE PRIVACY POLICY. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS OF SERVICE, BECAUSE YOUR CONTINUED USE OF THE SERVICES OR AUDIENCELOGIX.COM WEB PAGES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES. WE RESERVE THE RIGHT FROM TIME TO TIME TO TEMPORARILY OR PERMANENTLY MODIFY OR DISCONTINUE, AND RESTRICT OR BLOCK ACCESS TO, THE SITE (OR ANY PART THEREOF) WITHOUT NOTICE. WE MAY TEMPORARILY OR PERMANENTLY MODIFY OR REMOVE ANY PART OR ALL OF YOUR OR ANYONE ELSE'S CONTENT FROM THE SITE AT ANY TIME WITHOUT ANY FURTHER NOTICE. AUDIENCELOGIX.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SUCH MODIFICATION, SUSPENSION, DISCONTINUANCE OR REMOVAL AND ANY SUCH ACTION BY US WILL NOT AFFECT AUDIENCELOGIX.COM ’S LICENSE TO ANY CONTENT YOU HAVE PROVIDED, AS STATED HEREIN. 3. REGISTERING AND/OR POSTING CONTENT ON THIS SITE; REPRESENTATIONS AND WARRANTIES YOU WILL HAVE THE ABILITY TO INTERACT WITH THE SITE AND OTHERS BY POSTING YOUR COMMENTS, REVIEWS ALONG WITH A VARIETY OF OTHER WAYS (ALL SUCH SUBMISSIONS OR POSTINGS COLLECTIVELY REFERRED TO AS “USER GENERATED CONTENT”). YOU ARE NOT PERMITTED TO UPLOAD, POST, OR OTHERWISE MAKE SUCH MATERIALS AVAILABLE ON OR THROUGH THE SERVICES UNLESS YOU HAVE THE EXPRESS WRITTEN CONSENT OF THE PROPER OWNER OF ANY MATERIALS THAT ARE COPYRIGHTED, TRADEMARKED OR OTHERWISE SUBJECT TO A PROPRIETARY RIGHT. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LAWS APPLICABLE TO ANY USER-GENERATED CONTENT YOU SUBMIT TO THE SERVICE, INCLUDING ANY REVIEWS AND YOU ARE SOLELY LIABLE FOR ANY DAMAGES THAT MAY ARISE AS A RESULT OF ANY INFRINGEMENT OF COPYRIGHT, TRADEMARK OR OTHER PROPRIETARY RIGHT, OR ANY OTHER DAMAGES THAT MAY RESULT FROM ANY POSTING OR CONTENT YOU MAKE AVAILABLE ON OR THROUGH THE AUDIENCELOGIX.COM , INCLUDING WITHOUT LIMITATION ANY REVIEWS. BY SUBMITTING OR POSTING ANY USER GENERATED CONTENT ON AUDIENCELOGIX.COM  , YOU WARRANT AND REPRESENT THAT: 1.YOU OWN OR HAVE THE WRITTEN PERMISSION FROM THE LAWFUL OWNER, OF ALL RIGHTS TO THE USER GENERATED CONTENT WHICH ENABLES YOU TO GRANT TO AUDIENCELOGIX.COM  THE RIGHTS IN YOUR USER GENERATED CONTENT DESCRIBED HEREIN AND FOR US TO EXERCISE THOSE RIGHTS WITH RESPECT TO SUCH USER GENERATED CONTENT; 2. UPON REQUEST FROM AUDIENCELOGIX.COM YOU WILL MAKE AVAILABLE ANY AND ALL RIGHTS OR PERMISSIONS OF USE FOR ANY USER GENERATED CONTENT POSTED ON THE SITE; 3. YOU WILL NOT POST ANY DEFAMATORY, OFFENSIVE, HARMFUL AND/OR ABUSIVE LANGUAGE IN NATURE, OBSCENITIES, HARASSMENT, VULGARITIES, SEXUALLY EXPLICIT LANGUAGE AND HATE SPEECH WHICH MAY INFRINGE UPON THE INTELLECTUAL PROPERTY RIGHTS, PRIVACY, RIGHTS TO PUBLICITY OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY; 4. IF YOU ARE A DIRECT COMPETITOR OF AN AUTHOR OR ANOTHER POSTING USER, OR OTHERWISE HAVE AN INTEREST ADVERSE TO THE AUTHOR OR ANOTHER POSTING USER, YOU WILL FULLY DISCLOSE THE INTEREST; 5. YOU WILL NOT STALK, THREATEN OR HARASS AUTHORS OR OTHER USERS OR INFRINGE UPON, INVADE OR ATTEMPT TO INFRINGE UPON OR INVADE THEIR PRIVACY; 6. YOU WILL NOT KNOWINGLY SUBMIT OR POST ANY INFORMATION OR MATERIAL WHICH MAY CONSTITUTE OR ENCOURAGE OR REFERENCE ANY ILLEGAL CONDUCT OR ACTIVITY, TORT, OR CIVIL WRONG OR OTHERWISE VIOLATES ANY APPLICABLE LAW. FURTHER YOU WILL NOT KNOWINGLY MAKE ANY REFERENCES TO ANY MALPRACTICE, PURPOSEFUL OVERCHARGING, FALSE ADVERTISING OR HEALTH CODE VIOLATIONS OF ANY THIRD PARTY; AND 7. YOU AGREE AND ACKNOWLEDGE THAT ANY USER GENERATED CONTENT WILL BE IN ENGLISH, THAT IT DOES NOT AND WILL NOT BE ENCRYPTED OR CONTAINS VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS OR OTHER COMPUTER PROGRAMMING ROUTINES THAT ARE INTENDED TO DAMAGE, INTERFERE WITH, INTERCEPT OR APPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU AGREE TO KEEP ALL RECORDS NECESSARY TO ESTABLISH THAT YOUR USER GENERATED CONTENT DOES NOT VIOLATE ANY OF THE FOREGOING REPRESENTATIONS AND WARRANTIES AND TO MAKE SUCH RECORDS AVAILABLE UPON THE REASONABLE REQUEST OF AUDIENCELOGIX.COM. YOU FURTHER ACKNOWLEDGE THAT THE SITE DOES NOT HAVE ANY “DIGITAL RIGHTS MANAGEMENT” OR OTHER SECURITY TECHNOLOGY FEATURES TO RESTRICT SOMEONE WHO RECEIVES CONTENT FROM COPYING AND REDISTRIBUTING IT. TO POST USER GENERATED CONTENT ON THE SITE, YOU MUST FIRST COMPLETE THE SITE REGISTRATION PROCESS TO CREATE AN ACCOUNT WITH A USERNAME AND PASSWORD (THE “ACCOUNT”). YOU AGREE AND MUST PROVIDE ACCURATE CURRENT AND COMPLETE INFORMATION DURING THE REGISTRATION PROCESS. YOU ALSO AGREE THAT YOU WILL UPDATE SUCH INFORMATION IN A TIMELY MANNER, AS NEEDED, TO MAINTAIN ITS ACCURACY AND COMPLETENESS. YOU WILL NOT PROVIDE YOUR USER NAME AND PASSWORD TO ANY OTHER PARTY, AND YOU AUTHORIZE AUDIENCELOGIX.COM TO ACCEPT ANY USE OF THE SITE, THROUGH YOUR ACCOUNT, AS BEING USED BY YOU. YOU AGREE AND ACKNOWLEDGE TO BE LIABLE FOR ANY USER GENERATED CONTENT POSTED USING YOUR ACCOUNT AND FOR ANY TRANSACTIONS ASSOCIATED WITH YOUR ACCOUNT. YOUR ACCOUNT IS NON-TRANSFERABLE AND NON-ASSIGNABLE. 4. USER GENERATED CONTENT; USE; LICENSE RIGHTS; COPYRIGHTS & PROPRIETARY INFORMATION YOU SHALL RETAIN OWNERSHIP OF ANY OF YOUR COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS IN ANY USER GENERATED CONTENT YOU POST TO THE SITE, SUBJECT TO THESE NON-EXCLUSIVE RIGHTS THAT YOU GRANT TO US AS DESCRIBED IN THESE TERMS. YOU ARE NOT PREVENTED YOU FROM GRANTING SIMILAR RIGHTS TO OTHERS. AS YOU USE THE SERVICE, YOU SHOULD EXPECT TO RECEIVE, ACCESS OR USE INFORMATION, TEXT, MATERIALS, GRAPHICS, SOFTWARE, SOUND, DATA, ADVERTISING, AND OTHER CONTENT (COLLECTIVELY, “CONTENT”) PROVIDED BY AUDIENCELOGIX.COM AND OTHER AUDIENCELOGIX.COM PARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE AUDIENCELOGIX.COM AND ANY CONTENT, SERVICES OR SOFTWARE AVAILABLE THROUGH OR USED IN CONNECTION WITH THE AUDIENCELOGIX.COM, INCLUDING WITHOUT LIMITATION PROPRIETARY DATABASES, SOFTWARE, SERVERS, COMPONENTS, AND ALGORITHMS NECESSARY TO OPERATE AND PROVIDE THE SERVICES, CONTAIN PROPRIETARY AND CONFIDENTIAL INFORMATION THAT IS OWNED BY ONE OR MORE AUDIENCELOGIX.COM PARTIES, AND IS PROTECTED BY APPLICABLE INTELLECTUAL PROPERTY AND OTHER LAWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT ANY CONTENT MADE AVAILABLE VIA THE SERVICES OR AUDIENCELOGIX.COM WEB PAGES, BUT PROVIDED BY THIRD PARTIES MAY BE SUBJECT TO SEPARATE TERMS AND CONDITIONS ESTABLISHED BY THOSE THIRD PARTIES. SUBJECT TO YOUR RIGHT TO TERMINATE YOUR LICENSE TO US AS DESCRIBED BELOW IN THIS SECTION, YOU HEREBY GRANT AUDIENCELOGIX.COM A WORLDWIDE, ROYALTY-FREE, FREELY TRANSFERABLE, FREELY SUBLICENSABLE (THROUGH UNLIMITED LEVELS OF SUBLICENSE), NON-EXCLUSIVE LICENSE TO USE, REPRODUCE, MODIFY, TRANSMIT, DISTRIBUTE, PUBLICLY PERFORM AND DISPLAY AND CREATE DERIVATIVE WORKS OF THE USER GENERATED CONTENT, IN ANY FORM, MEDIA, OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED. YOU HEREBY WAIVE ANY MORAL RIGHTS YOU MAY HAVE IN SUCH USER GENERATED CONTENT UNDER THE LAWS OF ANY JURISDICTION. YOU HEREBY APPOINT US AS YOUR AGENT WITH FULL POWER TO ENTER INTO AND EXECUTE ANY DOCUMENT AND/OR DO ANY ACT WE MAY CONSIDER APPROPRIATE TO CONFIRM THE GRANT OF RIGHTS, CONSENTS, AGREEMENTS, ASSIGNMENTS AND WAIVERS SET FORTH IN THESE TERMS. YOU AGREE THAT WE MAY (BUT ARE NOT OBLIGATED TO) DISPLAY YOUR USER GENERATED CONTENT, AND YOUR USERNAME OR YOUR ACTUAL NAME (ACCORDING TO THE PREFERENCES YOU SELECT AT THE TIME THAT YOU REGISTER) ALONG WITH YOUR USER GENERATED CONTENT. YOU ACKNOWLEDGE THAT THE POSTING OF YOUR USER GENERATED CONTENT FOR ANY PERIOD OF TIME IS SUFFICIENT CONSIDERATION FOR THE LICENSE GRANTED HEREIN TO AUDIENCELOGIX.COM. 5. PROHIBITED CONTENT IN ADDITION TO THE SUBJECT AREA OF SECTION 3 ABOVE, YOU AGREE NOT TO POST OR SUBMIT TO THE SITE ANY CONTENT OR ANY OTHER MATERIALS WHATSOEVER THAT IS OR COULD APPEAR TO BE: 1.UNTRUE, MISLEADING, HARMFUL, THREATENING, ABUSIVE, HARASSING, TORTIOUS, DEFAMATORY, VULGAR, OBSCENE, LIBELOUS, INVASIVE TO ANOTHER PERSON’S PRIVACY OR PROTECTED DATA, HATEFUL, OR RACIALLY, ETHNICALLY OR OTHERWISE OBJECTIONABLE ABOUT ANY THIRD PARTY; 2.INFRINGING OR ALLEGED TO BE INFRINGING UPON A THIRD PARTY’S RIGHTS, INCLUDING ANY PATENT, TRADEMARK, TRADE SECRET, COPYRIGHT, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHTS OF ANY PARTY, INCLUDING, WITHOUT LIMITATION, ANY CONTENT THAT IS THE SUBJECT OF ANY THIRD PARTY CLAIM OF INFRINGEMENT; 3.ANY INFORMATION THAT YOU DO NOT HAVE A RIGHT TO TRANSMIT UNDER ANY LAW OR UNDER CONTRACTUAL OR FIDUCIARY RELATIONSHIPS, SUCH AS INSIDE INFORMATION AND PROPRIETARY AND CONFIDENTIAL INFORMATION, OR INFORMATION YOU KNOW TO BE FALSE; 4.UNSOLICITED, UNDISCLOSED OR UNAUTHORIZED ADVERTISING; 5.SOFTWARE VIRUSES OR ANY OTHER COMPUTER CODE, FILES, OR PROGRAMS DESIGNED TO INTERRUPT, DESTROY, OR LIMIT THE FUNCTIONALITY OF ANY COMPUTER SOFTWARE OR HARDWARE OR TELECOMMUNICATIONS EQUIPMENT; 6.DATA OR INFORMATION OBTAINED THROUGH ACCESS THAT WAS NOT AUTHORIZED BY THE OWNER OF THE DATA OR INFORMATION, OR WITH RESPECT TO WHICH SUCH POSTING WOULD CONSTITUTE UNAUTHORIZED USE; OR 7.IN VIOLATION OF ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW, REGULATION, OR STATUTE (INCLUDING EXPORT LAWS). 6.PROHIBITED CONDUCT; LIQUIDATED DAMAGES YOU AGREE NOT TO DO, OR ATTEMPT TO DO, ANY OF THE FOLLOWING, SUBJECT TO APPLICABLE LAW: 1.ACCESS OR USE THE SITE IN ANY WAY THAT VIOLATES OR IS NOT IN FULL COMPLIANCE WITH ANY APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW, REGULATION, OR STATUTE (INCLUDING EXPORT LAWS), CONTRACTS, INTELLECTUAL PROPERTY RIGHTS OR CONSTITUTES THE COMMISSION OF A TORT, OR FOR ANY PURPOSE THAT IS HARMFUL OR UNINTENDED (BY US), OR OTHER THAN IN FULL COMPLIANCE WITH THESE TERMS; 2.ACCESS, TAMPER WITH, OR USE SERVICES OR AREAS OF THE SITE THAT YOU ARE NOT AUTHORIZED TO ACCESS; 3.ALTER ANY INFORMATION ON OR OBTAINED FROM THE SITE; 4.ALTER, TAMPER OR CHANGE ANY POSTINGS, REGISTRATION INFORMATION, PROFILES, SUBMISSIONS OR USER GENERATED CONTENT OF OTHER USERS; 5.USE ANY ROBOT, SPIDER, SCRAPER OR OTHER AUTOMATED MEANS OR INTERFACE NOT PROVIDED BY US TO ACCESS THE SITE OR EXTRACT DATA OR GATHER OR USE INFORMATION, SUCH AS EMAIL ADDRESSES, AVAILABLE FROM THE SITE OR TRANSMIT ANY UNSOLICITED ADVERTISING, “JUNK MAIL,” “SPAM,” OR “CHAIN LETTERS”; 6.FRAME ANY PART OF THE SITE, OR LINK TO THE SITE, OR OTHERWISE MAKE IT LOOK LIKE YOU HAVE A RELATIONSHIP TO US OR THAT WE HAVE ENDORSED YOU OR YOUR USER GENERATED CONTENT FOR ANY PURPOSE EXCEPT AS EXPRESSLY PERMITTED IN WRITING BY AUDIENCELOGIX.COM  ; 7.IMPERSONATE OR MISREPRESENT YOUR AFFILIATION WITH ANY PERSON OR ENTITY REGARDING YOUR RELATIONSHIP WITH AUDIENCELOGIX.COM  ; 8.REVERSE ENGINEER ANY ASPECT OF THE SITE OR DO ANYTHING THAT MIGHT DISCOVER SOURCE CODE, OR BYPASS OR CIRCUMVENT MEASURES EMPLOYED TO PREVENT OR LIMIT ACCESS TO ANY AREA, CONTENT OR CODE OF THE SITE (EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY LAW); 9.SUSPEND, SEND, TAMPER WITH OR OTHERWISE IMPACT US OR THE SITE (OR ANYTHING OR ANYONE ELSE) WITH HARMFUL, ILLEGAL, DECEPTIVE OR DISRUPTIVE CODE SUCH AS A VIRUS, “SPYWARE,” “ADWARE” OR OTHER CODE THAT COULD ADVERSELY IMPACT THE SITE OR ANY RECIPIENT; OR 10.TAKE ANY ACTION WHICH MIGHT IMPOSE A SIGNIFICANT BURDEN (AS DETERMINED BY US) ON THE SITE’S INFRASTRUCTURE OR COMPUTER SYSTEMS, OR OTHERWISE INTERFERE WITH THE ORDINARY OPERATION OF THE SITE. IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, “UNSOLICITED EMAIL OR OTHER COMMUNICATION”) THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO US, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY LICENSOR $40 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION. 7.MONITORING OF USER GENERATED CONTENT ALTHOUGH WE STRIVE TO MAINTAIN HIGH STANDARDS FOR THIS SITE, WE ARE UNDER NO OBLIGATION TO REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF USER GENERATED CONTENT APPEARING ON THE SITE. NOTWITHSTANDING THE FOREGOING, WE RESERVE THE RIGHT TO MODIFY OR REMOVE ANY USER GENERATED CONTENT AT ANY TIME. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR USER GENERATED CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING OTHER USERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF AUDIENCELOGIX.COM. AUDIENCELOGIX.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, INFORMATION, OR STATEMENT MADE ON THIS SITE BY ANYONE OTHER THAN AUTHORIZED AUDIENCELOGIX.COM EMPLOYEES ACTING IN THEIR OFFICIAL CAPACITIES. 8.PROTECTION OF SITE CONTENT, TRADEMARK INFORMATION YOU ACKNOWLEDGE AND AGREE THAT AUDIENCELOGIX.COM © AND OTHER DOMAIN SITES, LOGOS, PRODUCTS AND SERVICE NAMES ARE OR MAY BE TRADEMARKS AND/OR SERVICE MARKS OF AUDIENCELOGIX.COM IS PROTECTED BY INTELLECTUAL PROPERTY LAWS AND YOU AGREE TO RESPECT THEM. AUDIENCELOGIX.COM GRANTS YOU A LIMITED, REVOCABLE, NON-TRANSFERABLE, NON-SUBLICENSABLE, NON-EXCLUSIVE LICENSE, UNDER THE RIGHTS AUDIENCELOGIX.COM HAS IN THE CONTENT ON THE SITE, TO PRIVATELY DISPLAY AND PERFORM THE SITE ON YOUR COMPUTER FOR YOUR OWN PERSONAL, NONCOMMERCIAL PURPOSES. AUDIENCELOGIX.COM RESERVES ALL OTHER RIGHTS IN THE CONTENT ON THE SITE, ON ITS OWN BEHALF AND THE BEHALF OF ITS LICENSORS (INCLUDING CONTRIBUTORS), AND AUDIENCELOGIX.COM DOES NOT, DIRECTLY OR BY IMPLICATION, BY ESTOPPEL OR OTHERWISE, GRANT ANY OTHER RIGHTS OR LICENSES TO YOU UNDER THESE TERMS. EXCEPT AS EXPRESSLY STATED IN THIS PARAGRAPH, YOU MAY NOT REPRODUCE, DISTRIBUTE, MODIFY, PUBLICLY PERFORM OR DISPLAY, OR PREPARE DERIVATIVE WORKS OF ANY CONTENT ON THE SITE WITHOUT PRIOR WRITTEN CONSENT FROM AUDIENCELOGIX.COM OR THE THIRD-PARTY OWNER OF THE RIGHTS IN THAT USER GENERATED CONTENT (IF ANY). 9.PRIVACY POLICY PLEASE SEE OUR PRIVACY POLICY. OUR PRIVACY POLICY IS PART OF AND INCORPORATED INTO THESE TERMS, AS THOUGH FULLY SET FORTH HEREIN. 10.TERMINATION OR CANCELLATION YOU AGREE THAT AUDIENCELOGIX.COM MAY, AT ANY TIME AND AT OUR SOLE DISCRETION, WITH OR WITHOUT CAUSE OR ANY NOTICE TO YOU, TERMINATE THESE TERMS, YOUR ACCESS TO THE SITE, AND/OR YOUR ACCOUNT, OR SUSPEND OR BLOCK YOUR ACCESS TO THE SITE. AS REQUIRED BY LAW AND WHEN NECESSARY TO DO SO, WE WILL PROVIDE NOTICE OF TERMINATION OR CANCELLATION, WE MAY GIVE PRIOR OR SUBSEQUENT NOTICE BY POSTING IT ON THE SITE OR BY SENDING A COMMUNICATION TO ANY ADDRESS (EMAIL OR OTHERWISE) THAT WE HAVE FOR YOU IN OUR RECORDS. YOU WILL STILL BE LIABLE FOR ANY BREACHES OF THESE TERMS AND/OR OBLIGATIONS INCURRED BEFORE ANY SUCH TERMS END. IF YOU USE THE SITE AFTER TERMINATION OF THESE TERMS, THAT USE WILL CONSTITUTE YOUR AGREEMENT TO THE TERMS THEN POSTED ON THE SITE. IF YOUR ACCOUNT OR ACCESS TO THE SITE IS TERMINATED FOR ANY OR NO REASON, YOU MAY NO LONGER HAVE ACCESS TO THE USER GENERATED CONTENT YOU POSTED ON THE SITE. IN SUCH EVENT, AUDIENCELOGIX.COM MAY CONTINUE TO EXPLOIT ELECTRONIC OR PRINTED MATERIALS IT HAS CREATED, OR DEVELOPED SPECIFIC PLANS TO CREATE, THAT CONTAIN SUCH USER GENERATED CONTENT ACCORDING TO THE TERMS CONTAINED IN SECTION 4 WITH RESPECT TO REMOVAL OR MODIFICATION OF USER GENERATED CONTENT PREVIOUSLY POSTED ON THE SITE. IF ANY TERM IS MODIFIED, TERMINATED OR FOUND TO BE UNENFORCEABLE ALL OTHER PROVISIONS IN THESE TERMS AND CONDITIONS IN THIS AGREEMENT WILL SURVIVE AND BE FULLY ENFORCEABLE. 11.RESULT PAGES; DEALINGS WITH MERCHANTS; LINKS THE SITE CONTAINS ADVERTISEMENTS, OFFERS, OR OTHER LINKS TO OTHER WEBSITES AND RESOURCES OF THIRD PARTIES THAT WE DO NOT CONTROL. THAT INFORMATION, AS WELL AS ADVERTISEMENTS, MAY OR MAY NOT BE OR REMAIN WHOLLY ACCURATE. AUDIENCELOGIX.COM DOES NOT WARRANT OR GUARANTEE THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY RESULTS PAGE OR ANY OTHER INFORMATION PROVIDED TO YOU VIA THE SITE. YOU ACKNOWLEDGE AND AGREE THAT AUDIENCELOGIX.COM IS NOT RESPONSIBLE OR LIABLE FOR (I) THE AVAILABILITY OR ACCURACY OF SUCH SITES OR RESOURCES; OR (II) THE CONTENT, ADVERTISING, OR PRODUCTS OR SERVICES ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. THE INCLUSION OF ANY LINK ON THE SITE DOES NOT IMPLY THAT WE ENDORSE THE LINKED SITE. YOU USE THE LINKS AT YOUR OWN RISK. AUDIENCELOGIX.COM’S PRIVACY POLICY IS APPLICABLE ONLY WHEN YOU ARE ON OUR SITE. ONCE YOU CHOOSE TO LINK TO ANOTHER WEBSITE, YOU SHOULD READ AND UNDERSTAND THAT WEBSITE’S PRIVACY STATEMENT BEFORE DISCLOSING ANY PERSONAL INFORMATION. YOUR CORRESPONDENCE OR BUSINESS DEALINGS WITH, OR PARTICIPATION IN PROMOTIONS OF, THIRD PARTY MERCHANTS OR ADVERTISERS THAT ARE FOUND ON OR THROUGH THE SITE OR WHICH PROVIDE LINKS ON THE SITE, INCLUDING, FOR EXAMPLE, “CLICK TO PURCHASE” AND OTHER SIMILAR PROGRAMS, INCLUDING PAYMENT AND DELIVERY OF RELATED GOODS OR SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND SUCH MERCHANT, ADVERTISER OR THIRD PARTY. YOU WAIVE ANY CLAIM AGAINST AUDIENCELOGIX.COM AND AGREE TO HOLD AUDIENCELOGIX.COM HARMLESS FROM ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH MERCHANTS OR ADVERTISERS ON THE SITE. 12.INDEMNIFICATION AS A CONDITION OF YOUR ACCESS TO AND USE OF THE SITE, YOU AGREE TO HOLD AUDIENCELOGIX.COM AND ROSE COLORED MEDIA, INC, AND THEIR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, HARMLESS FROM, AND INDEMNIFY THEM FOR, ALL DAMAGES, COSTS, EXPENSES AND OTHER LIABILITIES, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND EXPENSES, RELATING TO ANY CLAIM ARISING OUT OF OR RELATED TO: (I) YOUR ACCESS TO AND USE OF THE SITE AND THE CONTENT THEREIN; (II) YOUR VIOLATION OF THESE TERMS (INCLUDING TERMS INCORPORATED INTO THEM, E.G., THE PRIVACY POLICY AND SUPPLEMENTAL TERMS), AND ANY APPLICABLE LAW OR THE RIGHTS OF ANOTHER PERSON OR PARTY; (III) ANY DISPUTE YOU HAVE OR CLAIM TO HAVE WITH ONE OR MORE USERS OF THE SITE; (IV)AUDIENCELOGIX.COM  .S RESOLUTION (IF ANY) OF ANY DISPUTE YOU HAVE OR CLAIM TO HAVE WITH ONE OR MORE USERS OF THE SITE; (V) YOUR IMPROPER AUTHORIZATION FOR AUDIENCELOGIX.COM TO COLLECT, USE OR DISCLOSE ANY DATA OR USER GENERATED CONTENT PROVIDED BY YOU; AND (VI) ANY DISCLOSURES MADE WITH YOUR PERMISSION (INCLUDING, WITHOUT LIMITATION, YOUR CONSENT THAT AUDIENCELOGIX.COM DISCLOSE YOUR PERSONAL INFORMATION AND OTHER INFORMATION COLLECTED AS SET FORTH IN OUR PRIVACY POLICY). FURTHERMORE, YOU FULLY UNDERSTAND AND AGREE THAT: (A) AUDIENCELOGIX.COM WILL HAVE THE RIGHT BUT NOT THE OBLIGATION TO RESOLVE DISPUTES BETWEEN USERS RELATING TO THE SITE AND AUDIENCELOGIX.COM’S RESOLUTION OF A PARTICULAR DISPUTE DOES NOT A CREATE AN OBLIGATION TO RESOLVE ANY OTHER DISPUTE; AND (B) AUDIENCELOGIX.COM’S RESOLUTION OF A DISPUTE WILL BE FINAL WITH RESPECT TO THE SITE. 13. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY IN NO EVENT WILL ANY AUDIENCELOGIX.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE AUDIENCELOGIX.COM WEB PAGES, EVEN IF SUCH, AUDIENCELOGIX.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. 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