Terms & Privacy

These Terms and Conditions contain legal obligations. Please read them carefully.

1. Ownership of Service.

Welcome to Activated Marketing. The Activated Marketing websites (www.ActivatedMarketing.com and any variations of or successors to these websites, collectively, the "Activated Marketing Website" or the "Website") and the Activated Marketing service (together with the Website, the “Activated Marketing Service” or the “Service”) are owned by Activated Marketing,LLC.and, from time to time, its subsidiary and affiliate corporations, successors, and assigns (collectively referred to as "Activated Marketing"). The Activated Marketing Service currently consists of various web pages at or linked to the Website as well as areas of numerous websites operated by other companies that have entered into an agreement with Activated Marketing to publish their Content through the Activated Marketing Service on their site. The Activated Marketing Service may expand or change from time to time.

2. Application of General Terms and Conditions.

Use by end users of the Activated Marketing Service and the Activated Marketing Website is governed by these General Terms and Conditions. Unless explicitly stated otherwise, any new Services, including any new Activated Marketing properties, shall be subject to these General Terms and Conditions. In addition, Activated Marketing may have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreement/s for certain of its Services. When you are using any service or product offered by Activated Marketing that does not have a separate legal agreement, these General Terms and Conditions will apply. In addition, Activated Marketing also may offer certain services from time to time that are governed by the terms of service of the respective service partners. Where the Activated Marketing Service is running on third-party websites, the terms and conditions of use of those websites may be applicable in addition to these terms and conditions.

3. Non-Discrimination.

Activated Marketing does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.

4. Questions.

Please direct any legal questions to:

Greg Godfrey
Activated Marketing
12205 Dorsett Rd
St. Louis, MO 63043

5. Acceptance.

By using the Activated Marketing Service, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to any website where the Activated Marketing Service is found.

6. Conditions and Restrictions of Use.

A. Termination. Use of the Activated Marketing Service is subject to compliance with these Terms and Conditions. You acknowledge and agree that Activated Marketing may terminate and/or suspend your access to any portion of the Activated Marketing Service should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Activated Marketing. Any such termination or suspension shall be in Activated Marketing’s sole discretion and may occur without prior notice, or any notice. Activated Marketing further reserves the right to terminate or suspend any user's access to Activated Marketing or to any portion of the Activated Marketing Service for any conduct that Activated Marketing, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Activated Marketing or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Activated Marketing further reserves the right to terminate or suspend any user's access to the Activated Marketing Service for any reason or for no reason at all, in Activated Marketing’s sole discretion, without prior notice.

B. Access to Content. Please be aware that the majority of the content found on or through the Activated Marketing service is for general audiences, but there may be certain adult or mature content. Where there is mature or adult content, individuals who are less than 18 years of age or are not permitted to access such content under the laws of any applicable jurisdiction may not access such content. If Activated Marketing learns that anyone under the age of 13 seeks to conduct a transaction through the Services, Activated Marketing will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of the Activated Marketing Service may not be available to children under 13 under any circumstances.

C. Registration and Privacy. Certain of the Activated Marketing Services will require the user to register and provide certain data. In consideration of use of such Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various Activated Marketing registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Activated Marketing has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Activated Marketing has the right to suspend or terminate your account and refuse any and all current or future use of the Services.

All Activated Marketing registrations become the exclusive property of Activated Marketing, its affiliates, successors in interest, and subsidiaries. Activated Marketing reserves the right to use and reuse all registration and other personally identifiable user information subject to the Activated Marketing Privacy Policy. By using the Service, You acknowledge receipt of the Activated Marketing Privacy Policy, including our Notice Regarding the Privacy of Children Under 13 While on the Activated Marketing Service.

D. Content Not Screened or Error Free. You acknowledge and agree that Activated Marketing does not screen or review published content on the Service to determine whether it contains false or defamatory material, or material which is offensive, indecent, objectionable, or which contains errors or omissions. Under no circumstances will Activated Marketing be liable in any way for any user or other third party Content, including, but not limited to, for any defamation, falsehoods, errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use or publication of any such Content posted, emailed or otherwise transmitted via the Services. Activated Marketing does not guarantee that any Content will be to your satisfaction. In the event that you believe that Content published on or through the Activated Marketing Service contains defamatory material or otherwise is published in violation of these terms and conditions, however, please contact us right away at:

Support@activatedmarketing.com
By Phone: 800-676-5039

E. User Agreement Not to Circumvent Publishers’ Ownership Rights. You acknowledge and agree that your rights to view the publisher content that you access on or through the Activated Marketing Service are strictly limited to the terms of those rights that you obtained in connection with your acquisition of the Content itself. Except as permitted expressly by such rights, you may not copy, reproduce, modify, publish, transmit, transfer or sell, maintain, retain, create derivative works from, distribute or re-distribute, perform, link, display or in any way exploit any Content obtained through the Activated Marketing Service, including, without limitation, by incorporating data and or Content from the Service into any e-mail, search, catalogue, directory, or other "white pages" products or service, whether browser-based, based on proprietary client-site applications, web-based, or otherwise. You understand, agree and acknowledge that engaging in any of the aforementioned conduct may constitute a crime and/or other form of unlawful behavior for which you may be held criminally and/or civilly liable.

7. Notice and Procedure For Making Claims of Copyright or Intellectual Property Infringement.

Activated Marketing respects the intellectual property of others. Activated Marketing does not, however, independently confirm that all Content made available through the Activated Marketing Service is provided by a valid rights holder. In the event that Activated Marketing becomes aware that Content published on or through the Activated Marketing Service has been provided by a person who is not a valid rights holder, Activated Marketing may, in appropriate circumstances and at its discretion, disable and/or terminate the publication of such Content. If you believe that your work has been copied or published in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Activated Marketing Copyright Agent and/or General Counsel the following information:

1. an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located or found on the Website or Service;

4. your address, telephone number and, if available, an email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. a statement by you that the above information provided by you in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

Claims of copyright or other intellectual property infringement should be sent to Activated Marketing.

1. DISCLAIMER OF WARRANTIES

ACTIVATED MARKETING AND THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BRIGHTCOVE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, ACTIVATED MARKETING DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE SERVICES. ACTIVATED MARKETING SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACTIVATED MARKETING DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE SERVICES. BRIGHTCOVE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. ACTIVATED MARKETING DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. BRIGHTCOVE MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY BRIGHTCOVE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

2. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL BRIGHTCOVE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BRIGHTCOVE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE BRIGHTCOVE NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

UNDER NO CIRCUMSTANCES SHALL BRIGHTCOVE OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

3. Indemnity.

You agree to indemnify and hold Activated Marketing and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your violation of these Terms and Conditions or any other applicable published Activated Marketing usage terms, conditions, policies, or requirements, or your violation of any rights of another.

4. Consent to Exclusive Jurisdiction, Waiver of Objections.

These Terms and Conditions and the relationship between you and Activated Marketing shall be governed by the laws of the State Of Missouri without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State Of Missouri the adjudication of any and all claims arising out of your use of the Activated Marketing Services, and you waive any objection thereto.

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Terms & Privacy

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