This is the www.ftcpublications.com web site (the “Site”).
Our postal address is
1230 Peachtree Street NE
Atlanta, GA 30309
We can be reached via e-mail at Webmaster@ftcpublications.com
The policies below are applicable to www.ftcpublications.com and other sites on the World Wide Web portion of the Internet owned and operated by FTC Publications, Inc.
FTC Publications refers to FTC Publications, Inc.
Your privacy on the Internet is important to us. As part of the operation of www.ftcpublications.com and other FTC Publications sites, we gather certain types of information about www.ftcpublications.com users, and we would like to explain the types of information we gather, what we do with it and how to correct or change the information.
Information Collected By www.ftcpublications.com
www.ftcpublications.com collects two types of personally identifying information from users: personal data (such as names and e-mail addresses); and aggregated data (such as information about traffic patterns on www.ftcpublications.com, for example how many users log into www.ftcpublications.com on a daily basis).
Personal data is collected when users provide personal data to www.ftcpublications.com, for example in registering for electronic newsletters or other membership services, in answering surveys, purchasing items from www.ftcpublications.com, and registering for contests and other promotional opportunities provided by www.ftcpublications.com. Also, we collect the e-mail addresses of users who post messages to our message boards and chat areas.
Aggregated information, such as which pages users access or visit and information volunteered by users, such as survey information and/or site registrations, is collected through various methods. For example, www.ftcpublications.com collects IP addresses. An IP address is a number that is automatically assigned to your computer whenever you’re surfing the Web. Web servers, the computers that “serve up” Web pages, automatically identify your computer by its IP address, and when you request a page from www.ftcpublications.com, our servers log your IP address. www.ftcpublications.com does not link IP addresses to anything personally identifiable, so although your session will be logged, you will remain anonymous to us. www.ftcpublications.com collects IP addresses for the purposes of system administration and to provide aggregate data to advertisers about the volume of use on www.ftcpublications.com.
You may occasionally get cookies from our advertisers, which is standard in the Internet industry. www.ftcpublications.com does not control these cookies, and these cookies are not subject to www.ftcpublications.com’s privacy policies.
Use of Information Collected by www.ftcpublications.com
www.ftcpublications.com uses both the personal and aggregated information we collect for multiple purposes. The information is used to improve the content of the Site, to customize the content and/or layout of the Site for each individual user and to notify users about updates to the Site or promotional offers or opportunities that we believe will be of interest to you.
FTC Publications shares aggregated information with third parties for both advertising and promotional purposes. FTC Publications may also share personal information with prescreened third parties for marketing or promotional purposes. FTC Publications will try to provide users with an opportunity to decline this service when such information is requested from you online.
FTC Publications may also share information with consultants and affiliates for internal business purposes and may divulge personal information if such information is subpoenaed, or if FTC Publications believes that any user has committed unlawful acts, to acts that endanger the health or safety of another user or of the general public. In some situations, we will share your personal information, on a confidential basis, with third parties who perform a particular service on our behalf, such as sending e-mails. Also, www.ftcpublications.com may be sold or transferred to another entity. Should such an event occur, customer information will of course be one of the transferred assets.
In addition, in the event FTC Publications plans to post any personal information on the Site, FTC Publications will either notify you of this possibility when you provide the information and/or, if possible, when the information is posted.
Occasionally, we may post the name of a user (for example a contest winner) on one of our sites. FTC Publications will notify you of this possibility when you provide your information or, if possible, will notify you when the information is posted.
FTC Publications may use third party advertising companies to serve ads when you visit our sites. These companies may use information (not including your name, address, email address or telephone number) about your visits to our sites and to other Web sites in order to provide advertisements on this site and other sites about goods and services of interest to you. In addition, FTC Publications may share Web site usage information about visitors to our sites with such company for the purpose of managing and targeting advertisements on our sites. For this purpose, we and our third-party advertising company note some of the pages you visit on our sites through the use of pixel tags (also called clear gifs).
If you object to the use of personal information provided by you for any reason, you may stop that use by modifying your registration information online. If you have registered as a member through our online registration system and have subscribed to STUDIO PASS, and you no longer wish to receive STUDIO PASS, please discontinue your subscriptions by going to: http://www.ftcpublications.com/registration, and either (i) unchecking the relevant box or boxes, and then clicking “submit” or (ii) following any other relevant instructions on that page. If you have subscribed to another service or newsletter from FTC Publications or FTC Publicationsi and do not wish to receive that service or newsletter, please discontinue your subscription or registration by going to: http://www.ftcpublications.com/registration, and either (i) unchecking the relevant box or boxes, and then clicking “submit” or (ii) following any other relevant instructions on that page.
Children and Privacy
FTC Publications encourages parents and guardians to spend time with their children online, and to be fully familiar with the sites visited by their children. At various places on www.ftcpublications.com, FTC Publications will ask whether users are under the age of 18, or 13, for example when requesting personal information from users, or FTC Publications may ask for parental consent. However, while FTC Publications requests this information or permission, FTC Publications relies on users to be truthful in responding to these questions.
Individuals Under 13
No information should be submitted to or posted on the Site by users under the age of 13 years without the consent of their parent or guardian. www.ftcpublications.com does not provide any personally identifying information, regardless of its source, to any third party for any purpose whatsoever unless disclosed during collection. Users under the age of 13 are generally asked not to participate in contests or other promotional opportunities.
Individuals 13 Through 17
www.ftcpublications.com requests that children under the age of 18 do not submit or post information to the Site without a parent or guardian’s consent. www.ftcpublications.com may collect information, including personally identifying information, from users between the ages of 13 and 17, and with the permission of their parent or guardian this information may be used for marketing and promotional purposes by www.ftcpublications.com and may be shared with prescreened third parties. If a user or their parent or guardian changes their mind with respect to such use, such user, parent or guardian may stop that use — either by e-mail request or by modifying his/her registration information online as described above in “Use of Information Collected by www.ftcpublications.com“.
Message Boards and Chat
Please remember that information posted to message boards and chat areas becomes public information. Use caution when posting. Users under the age of 18 should be especially careful not to provide any personally identifying information while using chat rooms or message boards. As set forth in www.ftcpublications.com’s Terms and Conditions of use, users of chat rooms and message boards must follow acceptable standards of behavior when posting messages online.
Links to Other Sites
It is important to note that www.ftcpublications.com contains links to sites other than www.ftcpublications.com, and that those sites may not follow the same privacy policies as www.ftcpublications.com. For instance, if you click on an advertisement on www.ftcpublications.com, this will take you away from www.ftcpublications.com and to an entirely different site. This can include links from advertisers, content providers and partners who may use www.ftcpublications.com’s logo and or style as a result of a co-branding agreement. These sites may send their own cookies to you, and may collect data and make uses of it that www.ftcpublications.com would not.
The use of any information or materials that you may access at these external sites is purely voluntary. You should not rely on their contents without independent and thorough review of the accuracy, completeness, effectiveness, timeliness and correct sequencing. These external sites may also refer to specific commercial products, processes, or services by trade name, trademark, service mark, manufacturer or otherwise. Unless FTC Publications has provided specific authority, such references in no way indicate our endorsement, recommendation or preference. This section should be read in conjunction with the full Terms of Service, below.
No transmission of data over the Internet is guaranteed to be completely secure. It may be possible for third parties not under the control of FTC Publications to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, FTC Publications cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.
Under no circumstances, including but not limited to negligence, shall FTC Publications be liable for any special, incidental or consequential damages that result from the use of information or materials on our sites, even if FTC Publications or an authorized representative of FTC Publications, has been advised of the possibility of such damages. This section also should be read in conjunction with the full Terms of Service.
TERMS OF SERVICE
These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your use of the Web site located at http://www.ftcpublications.com and the services and materials offered thereon (the “Service”) which are offered to you by FTC Publications, Inc. (“FTC Publications”). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue your use of the Service.
1. Restrictions on Use
The Service is a computer online service. It is accessible to you through a personal computer, or other access device at www.ftcpublications.com(the “FTC Publications Site”) using a communications connection (e.g., modem and telephone line). As part of the Service, you will be provided with services that may include information, editorial content, chat rooms, links to other Web sites and other computer services that FTC Publications may decide to offer, subject to the terms hereof. FTC Publications may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating any User’s right to use all or part of the Service, at any time in FTC Publications’s sole discretion and without prior notice or liability. You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. You certify that you are an individual (i.e., not a corporation). The Service is owned and operated by FTC Publications and its affiliated companies and contains material that is derived in whole or in part from material supplied and owned by FTC Publications and other sources. Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Service, including but not limited to code and software (“Material”). You may, however, download Material from the Service for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use if the Service in general. In the event that you download Material from the Service, such Material is licensed to you by FTC Publications and FTC Publications does not transfer title to any such Material to you.
2. Membership Rules and Guidelines
Should FTC Publications provide to you a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify FTC Publications of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties.
FTC Publications may choose to send you e-mail newsletters on a variety of topics – for example, informing you of membership benefits and features, letting you know of problems with the site or with services offered by FTC Publications, or presenting you with the opportunity to buy selected products and services. You may elect during registration not to receive these e-mail newsletters, and you may start or stop receiving such e-mail newsletters at any time by sending an e-mail to an address that shall be designated for that purpose. With your permission, FTC Publications may send you e-mails on behalf of pre-screened third parties containing promotional offers or opportunities that we believe may be of interest to you. You may elect during registration to receive these e-mails, and you may start or stop receiving such e-mails at any time by sending an e-mail to an account that shall be designated for that purpose.
(d) Rules for Use of the Service
(1) Conduct Required for Use of the Service
By uploading files, inputting data, or engaging in any other form of communication (a “Communication”) through the Service you are granting FTC Publications a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of FTC Publications.
(4) Content on the Service.
Communications posted through the Service are provided by users such as you who are unaffiliated with FTC Publications, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not FTC Publications, are entirely responsible for all Communications that you upload, post, email or otherwise transmit via the Service. In using the Service or receiving e-mail messages from members through the Service, you should not assume that such messages have been reviewed by FTC Publications, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Service, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will FTC Publications be liable in any way for any Communication, including, but not limited to, liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service.
(5) Personal Safety.
When using the Service, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
FTC Publications is pleased to hear from users and welcomes your comments regarding FTC Publications’s programs and services. FTC Publications’s longstanding company policy does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by FTC Publications’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative suggestions, ideas, notes or concepts or other materials (collectively, “Comments”), they shall be deemed, and shall remain, the property of FTC Publications, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to FTC Publications. Disclosure, submission, or offer of any Comments shall constitute an assignment to FTC Publications of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. FTC Publications may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to FTC Publications and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. FTC Publications is and shall be under no obligation to: (1) maintain any of your or any user’s Comments in confidence; (2) to pay to you or any user any compensation for any Comments; or (3) to respond to any of your or any other user’s Comments.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Service, 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. FTC Publications will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Service.
5. Disclaimer of Warranties
FTC Publications HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER FTC Publications, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FTC Publications DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. FTC Publications DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FTC Publications DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Service, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
6. Limitation of Liability
IN NO EVENT SHALL FTC Publications, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, FTC Publications’S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FTC Publications OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FTC Publications, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree to defend, indemnify and hold harmless FTC Publications, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
FTC Publications may, in its sole discretion, terminate your password, account (or any part thereof) or use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement, (iv) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service, or (vi) failure to use the Service or portion thereof on a regular basis. You may terminate your membership hereunder upon thirty (30) days written notice by you to FTC Publications of your intent to terminate this Agreement. Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which FTC Publications may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to FTC Publications and its licensors.
FTC Publications, the FTC Publications logo, and “There’s no better way to reach your public” are trademarks of FTC Publications, Inc., and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of FTC Publications or the owner of such trademark, service mark or trade name, except as explicitly permitted in Section 1 above.
11. Child Online Protection Act Notification
12. Infringement Policy
FTC Publications, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. FTC Publications accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), FTC Publications has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to FTC Publications in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
Bruce Morris, Esq & Diana Lynch, Esq.
FTC Publications Legal Department
1230 Peachtree Street NE 19th Floor
Atlanta, GA 30309
By e-mail: firstname.lastname@example.org
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. 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. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
FTC Publications reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
14. Export Control
Information Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote FTC Publications’s Services and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by FTC Publications from its offices within the state of California, United States of America. FTC Publications makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in New York, New York, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by FTC Publications to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of FTC Publications. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
16. Rules for Chat rooms, Message Boards, and Other User-Supplied Material
Portions of this Site provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others (“Post” or “Postings”). Postings do not reflect the views of FTC Publications, and FTC Publications does not have any obligation to monitor, edit or screen any Postings, but may do so in its sole discretion. Notwithstanding anything else in these Rules of Conduct, FTC Publications should not be seen as endorsing any Post in any way. Neither FTC Publications nor its parent company, its respective officers, directors, and employees, subsidiaries and/or affiliates shall be liable for any Posting that is in violation of this agreement.
You acknowledge that anything you submit to an FTC Publications Site by way of any Posting is routed through FTC Publications’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Posting and features on FTC Publications Sites are postings for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don’t know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. (Users under the age of 18 should be especially careful not to provide any personally identifying information while using chat rooms or message boards. As set forth in www.ftcpublications.com’s Terms and Conditions of use, users of chat rooms and message boards must follow acceptable standards of behavior when posting messages online.)
If a Posting originates from you or your account, you hereby agree not to post any materials that (1) interfere with anyone else’s use of the Site; (2) are abusive, illegal, defamatory, libelous, indecent, obscene, offensive, or threatening in any way; (3) encourage anyone to break the law; (4) violate anyone’s copyright, trademark or other property right; (5) interfere with the privacy of any other user; (6) contain a virus or any other harmful component; or (7) contain false or misleading statements of fact or descriptions of the origin of the material or the communication. You agree to comply with any additional terms which are referred to on this Site or any subsite within the website.
The message boards provided on the FTC Publications Site are for the purpose of exchanging views and information about television programming. FTC Publications reserves the right to terminate the account or suspend the posting privileges of anyone who Posts materials unrelated to these topics.
You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that constitutes or encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although FTC Publications may from time to time monitor or review bulletin boards, chatrooms, discussions, postings, transmissions, and the like on the Site, FTC Publications is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. FTC Publications may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate FTC Publications’s policies in any way. Further, FTC Publications reserves the right to remove or edit content from any Forum at any time and for any reason although we have no duty to do so. FTC Publications will fully cooperate with any law enforcement authorities or court order requesting or directing FTC Publications to disclose the identity of anyone posting such materials.
Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this agreement, please click here to send us a message about it. We will not respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.