We ask that all the visitors to and subscribers (users) of www.effieindex.com on the World Wide Web (the 'Site') adhere to our terms and conditions (Terms). Please check these terms periodically for changes. By accessing the site at www.effieindex.com, you indicate your acknowledgement and acceptance of these terms and conditions, including any changes to them. This is a legally binding agreement. 1. Introduction
3.1 All material on the Site and messages by email belong to Warc and Effie Worldwide. You may retrieve and display content from the site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on a server or any other storage device connected to a network) for your personal, non-commercial use. You may only display and view video material on the Site; you may not retrieve, display or store such material away from it. 3.2 Except as expressly set out in 3.1, you may not reproduce, republish, post, transmit, upload, modify or in any way commercially exploit any of the Content (as print or in electronic form). Content may be used as source material having given full credit to Warc and Effie Worldwide as the source including the trademark and copyright notice. Copyright notice in this form: © 2011 Copyright and database rights owned by Warc and Effie Worldwide. must appear in every copy or reproduction of such materials. Modification of the materials or use of the materials for any other purpose is a violation of Warc and Effie Worldwide's copyright and other proprietary rights. 3.3 The database of material contained on the Site may not be downloaded in its entirety, nor may any user create a database in electronic or structured manual form by systematically downloading and storing any or all of the content. 4. Trademarks
Unless otherwise stated, all trademarks, service marks, and trade names are proprietary to Warc and Effie Worldwide. 5. Trademark Notice
This Site may contain trademarks, copyrights and other intellectual property rights of third parties. All such rights are proprietary to their respective owners. Users are prohibited by law and these conditions from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this Site for commercial or public purposes. Except as specifically permitted in accordance with the terms and conditions governing use of this Site, any use of such trademarks or tradenames is strictly prohibited without the express written permission of these owners. 6. Disclaimer and Limitation Of Liability
6.1 The user expressly acknowledges and agrees that the Site is provided subject to the disclaimers and limitations of liability set out in these Terms & Conditions, and agrees to be bound by them. 6.2 Warc and Effie Worldwide rely on the World Wide Web for the delivery of the Site to subscribers and, without limiting the foregoing, whilst we will use reasonable efforts to minimise delays and interruptions in the delivery and/or updating of the Site, neither Warc nor Effie Worldwide will not be liable to users in any manner whatsoever for any consequences of such delay or interruption. 6.3 Every user who visits this Site does so at his or her own risk. The materials in this Site are provided "as is" and without warranties of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Neither Warc, Effie Worldwide, nor any other party involved in the creation, production or delivery of this Site or whose materials or information appear in this Site, will be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, line failure, technical inaccuracies, typographical errors or the inability to use the materials in this Site - even if there is negligence on Warc’s or Effie Worldwide's part or an authorized representative of Warc or Effie Worldwide has been advised of the possibility of such damages, or both. 6.4 The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. In that event, Warc and Effie Worldwide’s total liability to you for all losses, damages, and causes of action (in contract, tort, including without limitation, negligence, or otherwise) will not be greater than the amount you paid to access this Site. 7. Force Majeure
Failure or delay by Warc and Effie Worldwide in performing its obligations under this Agreement as a result of circumstances outside our reasonable control shall not constitute a breach of the Agreement. Warc and Effie Worldwide shall, as soon as conditions return to normal, take all reasonable steps to rectify the failure or delay at the earliest opportunity. Notwithstanding the foregoing, if such event of force majeure continues for more than thirty (30) days, the Licensee shall be entitled to terminate this Agreement. 8. Assignment
You may not assign, sub-license or otherwise transfer any of your rights or obligations under these Terms. 9. Invalidity
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which remain in full force and effect. Headings in these Terms are for convenience only and will have no legal meaning or effect. 10. Links
10.1 Warc and Effie Worldwide are not responsible for - and assume no responsibility for - the contents of any non-Warc or non-Effie Worldwide linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. The Internet websites to which links are provided in this Site are not under the control of Warc. Access to any other Internet websites linked to the Site is at the user's own risk. 10.2 In addition, the existence of a link between this Site and any other Internet website is not and shall not be understood to be an endorsement by Warc or Effie Worldwide of any material, substance, information or the owner or proprietor of the linked Internet website, or of the site's privacy policies, and such links shall not imply nor create any relationship nor endorsement between Warc and Effie Worldwide and the owner or proprietor of such linked website. 11. Termination
Warc and Effie Worldwide may cancel or withdraw access to the Site without notice at any time and may amend or terminate these terms for any reason. Warc and Effie Worldwide reserve the right to block access from any user who is using the Site in a manner that Warc and Effie Worldwide deem to be unauthorised or suspicious. This includes but is not limited to: users making sequential downloads and users who either do not complete a registration form, or complete it with false details. 12. Jurisdiction and Validity
These terms shall be governed by and construed in accordance with the laws of the United Kingdom, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the United Kingdom, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 13. Contact Details
Warc Ltd. Registered in England no. 3383627. Registered Office: Warc Ltd., 85 Newman Street, London W1T 3EX, United Kingdom. T: + 44 (0) 20 7467 8100, F: + 44 (0) 20 7467 8101.
Effie Worldwide, Inc.
Registered Office: Effie Worldwide, Inc., 116 East 27th Street, 6th Floor, New York NY 10016, United States of America. T: +1 212 687 3280, F: +1 212 557 9242. Please use these details for all correspondence.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS PLEASE DO NOT USE THE SITE.
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