Advent Digitizing Website Usage Terms
Updated on: December 4, 2020
Site Ownership and Usage Agreement
By accessing or using the Advent Digitizing website located at www.adventdigitizing.com (the “Site”), these terms and conditions of use (“Terms”) apply. The Site is the properity of Advent Media, Inc. (“Advent Digitizing”, “we”, “us”, or “our”) and it licensors.
BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Changes to these Terms
Advent Digitizing reserves the right to at any time and at its sole discretion, to change, modify, add or remove portions of these Terms under which the Site is offered. It is up to you to periodically check these Terms for changes. Your continued use of the Site means that you agree to any changes to these Terms. As long as you comply with these Terms, Advent Digitizing grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
The Site is comprised of text, graphics, interfaces, photos, logos, sounds, music, videos, artwork, documents, and computer code (collectively, "Content"). Any such Content, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of Content, on the Site is owned, controlled or licensed either by or to Advent Digitizing, and is protected by various trade dress, copyright, trademark, patent and trademark laws, unfair competition laws, and other intellectual property rights.
Unless Content that has been purposely made available for your use on or through the Site (such as download links), or otherwise granted within these Terms, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication, distribution, or any commercial enterprise, without Advent Digitizing’s express prior written consent.
Your Use of the Site
You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
You may not obtain or attempt to obtain any Content on the Site through any means not purposely made available through the Site. Including attempting to obtain unauthorized access to any portion or feature of the Site, or any systems or networks connected to the Site or to any Advent Digitizing server, or to any of the services offered on our through the Site, by hacking, password "mining" or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Advent Digitizing, including any account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that could damage, disable, overburden, or impair the Site, the infrastructure of the Site, or any systems or networks connected to the Site or to Advent Digitizing.
You agree not to any device, software or routine to interfere or attempt to interfere with the proper working of the Site, any transaction being conducted on the Site, or with any other person’s use of the Site.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Advent Digitizing as a result of these Terms or your use of the Site.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
The Site may also allow you to post, upload, input, or submit text, graphics, photos, logos, sounds, music, videos, artwork, documents, computer code, or other digital files (collectively, “Submitted Content”).
Advent Digitizing does not claim ownership of any Submitted Content by you. However, by posting, uploading, inputting, submitting or otherwise providing Submitted Content, you are granting to Advent Digitizing and our service providers, affiliates, or sublicensees permission to use your Submitted Content in connection with the operations of their businesses including, without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Submitted Content; and to publish your name in connection with your Submitted Content.
No amount of compensation will be provided with respect to the use of your Submitted Content, as provided herein. Advent Digitizing is under no obligation to post or use any Submitted Content you may provide and may remove any Submitted Content at any time at our sole discretion.
You also warrant and represent to us that you own, control or have obtained the appropriate usage rights to your Submitted Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your Submitted Content.
Site Communication Services
The Site may contain commenting or review systems, bulletin boards, chat areas, user groups, forums, or other messaging systems designed to let you correspond with or share your content with Advent Digitizing and other Site users, or the public at large (collectively, “Communication Services”).
These Communication Services may utilize services from third-party service providers. If so, additional terms and conditions set by the relevant third-party may apply.
Advent Digitizing is under no obligation to monitor the Communication Services. However, Advent Digitizing reserves the right to review any and all Submitted Content through the Site’s Communication Services and to remove any content at Advent Digitizing’s sole discretion.
Advent Digitizing may also disable access to or discontinue the use of any and all Communication Services at any time, without notice.
Always use caution when providing information about yourself or others (including children) in any Communication Service. Advent Digitizing does not control or endorse the content, messages or information contained in any Communication Services and, therefore, Advent Digitizing specifically disclaims any liability with regard to the Communication Services and any actions resulting from your use of any Communication Services.
Any Submitted Content available on or through the Site’s Communications Services are the views and opinions of the participants and do not necessarily reflect the views and opinions of Advent Digitizing, our service providers, affiliates, or sublicensees.
Other Usage Terms
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in our websites, products, or services. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service or feature.
Advent Digitizing's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Advent Digitizing may make changes to any information, products or services contained or offered on the Site, including the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Advent Digitizing makes no commitment to update the materials on the Site with respect to such products and services.
Accounts, Passwords and Security
Some features or services offered on or through the Site may require you to create a user account on the Site. You are solely responsible for maintaining the security and confidentiality of the information to access your user account, including your password, and for any and all activity that occurs under your user account – including activity that may result from any unauthorized use of your user account, or any other breach of security that may occur as a result of failing to keep your user account information secure and confidential. You may be held liable for losses incurred by Advent Digitizing or any other user of or visitor to the Site as a result of failing to keep your user account information secure and confidential.
You may not use anyone else’s user account at any time without the express permission and consent of the holder of that account. Advent Digitizing cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
If you already have a user account with us and want to terminate your account, you may do so at any time by either logging into your account profile and clicking “Unregister” or contacting us.
Links to Other Sites
This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors and are not under the control of Advent Digitizing.
Advent Digitizing is not responsible for and does not endorse the content of any Linked Sites, including, without limitation, any information, links, or materials contained therein. Advent Digitizing also is not responsible for webcasting or any other form of transmission that may be received from Linked Sites. You need to use your own independent judgement regarding your interaction with these Linked Sites.
Copyright and Trademark Notices
All contents of the Advent Digitizing website are copyright © 2022 Advent Media, Inc. and/or its licensors. All rights reserved.
Trademark and Example References
The Site may contain references to names or display logos of actual companies, products, or services. Any such names and/or logos may be the trademarks of their respective owners in the U.S. or other countries.
The Site may also reference example companies, organizations, products, people and events. Any such example references are fictitious and no association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Claims of Copyright Infringement (“DMCA”)
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to our Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
To file a copyright infringement notification with us, you will need to send a written communication that includes the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
To expedite our ability to process your request, such written notice should be sent to our designated agent using the contact information provided in the Feedback section and titled appropriately. Please note: copyright infringement claims are subject to the penalty of perjury.
THE SITE AND ALL SUCH CONTENT, SERVICES OR FEATURES MADE AVAILABLE ON THE SITE MAY CONTAIN DEFECTS, INACCURACIES, TYPOGRAPHICAL, OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITE AND Advent Digitizing MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE, INCLUDING BUT NOT LIMITED TO NON-ROUTINE MAINTENANCE, ROUTINE MAINTENACE OR ERROR CORRECTION, AT ANY TIME, WITHOUT NOTICE. ANY ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Advent Digitizing CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES.
Advent Digitizing DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
Advent Digitizing MAKES NO REPRESENTATIONS ABOUT THE USABLITY, SUITABILITY, SECURITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE, OR ANY INFORMATION, CONTENT, SERVICES, OR FEATURES CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SUCH CONTENT, SERVICES OR FEATURES ON THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. Advent Digitizing HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE AND ALL SUCH CONTENT, SERVICES OR FEATURES ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Advent Digitizing BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE ANY INFORMATION, CONTENT, SERVICES OR FEATURES THROUGH THE SITE, OR FOR ANY INFORMATION, CONTENT, SERVICES OR FEATURES OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Advent Digitizing HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Advent Digitizing, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Advent Digitizing by any third party either due to, in connection with, or arising out of your use of the Site.
Violation of These Terms
Advent Digitizing may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Advent Digitizing’s rights or property, or the rights or property of visitors to or users of the Site, including Advent Digitizing’s customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Advent Digitizing may preserve any transmittal or communication by you with Advent Digitizing through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Advent Digitizing, its employees, users of or visitors to the Site, and the public.
You agree that we may, at our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Advent Digitizing, for which monetary damages would be inadequate, and you consent to Advent Digitizing obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
You agree that we may, at our sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If we do take any legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms.
Governing Law / Dispute Resolution
To the maximum extent permitted by law, these Terms is governed by the laws of the United States and the State of Ohio and you hereby agree to the exclusive jurisdiction and venue of courts in Franklin County, Ohio in any and all disputes arising out of or relating to the use of the Site and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within six (6) months after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Advent Digitizing and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Advent Digitizing administers and operates the Site from its location in Columbus, Ohio USA. Although the Site is accessible worldwide, not all information, content, services or features discussed, referenced, provided or offered through or on the Site are available or appropriate for use outside of the United States. Advent Digitizing reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any information, content, services or features made available on the Site is void where prohibited.
If you access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Advent Digitizing’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Advent Digitizing's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, Content, Services or any Submitted Content provided to or gathered by Advent Digitizing with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, these Terms constitute the entire agreement between the you and Advent Digitizing with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Advent Digitizing with respect to the Site.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that these Terms and all related documents be drawn up in English.
Feedback and Information
If you have any feedback about Advent Digitizing’s website Usage Terms, please contact us using the information provided below. Any feedback you provide at this site shall be deemed to be non-confidential and we shall be free to use such information on an unrestricted basis.