The ACT Edutainment Experience

Privacy Policy

Effective Date: April 2nd, 2014


Note: The ACT Inc. Privacy Policy has been updated. Please review the updated privacy policy carefully before using the ACT Inc. Web Sites. By using any of the ACT Inc. Web Sites, you consent to the terms of the updated privacy policy.

ACT Inc. ("ACT ") is committed to protecting your privacy. ACT Inc., its affiliates, and its subsidiaries own, operate, or provide access to, several intelligently web sites and other pleasingly informative features that provide an authorized link to this Privacy Policy (collectively "The ACT Edutainment Experience"). This Privacy Policy applies only to the ACT Inc. Web Sites.

This Privacy Policy describes, among other things, the types of information collected about you when you visit a ACT Web Site; how your information may be used and when it may be disclosed; how you can control the use and disclosure of your information; and how your information is protected. Trust is a cornerstone of our mission at ACT Inc. We are committed to gaining and maintaining your trust by following a core set of Privacy Principles.

1. Scope of Privacy Policy
This Privacy Policy applies to information, including contact information, collected about you by a ACT Web Site. This Privacy Policy does not cover any information collected through any other web site. Please note that some ACT Web Sites may contain links to non-ACT Inc. Web Sites. We are not responsible for the privacy practices of those sites, and we recommend that you visit the privacy policies of each web site that you visit.

2. Information Collected
Information you provide directly to ACT Web Sites. You are not required to provide information about yourself when you visit a ACT Web Site. ACT Web Sites may ask you for different types of information when you register for certain services, access various content or features, or directly contact the Web Site including:

• Contact information, such as name, email address, postal address, phone number, facsimile number, and mobile number;
 

• Guest name, password, and password reminder questions and answers;
 

• Age and date of birth;
 

• Other demographic information, such as gender, job information, and zip code;
 

• Information for a public profile, such as your interests and the address of your web site;
 

• Communications preferences, such as which newsletters you would like to receive;
 

• Search queries;
 

• In limited circumstances, payment and identity verification information, such as credit card number, social security number or comparable national identifiers, and driver's license number where needed for payment, to complete a particular transaction, or to access a particular service (e.g., contests or paid subscriptions);
 

• Contact information about others when you provide information about others or refer a friend to a particular site or service (note: such information is used solely to facilitate the communications requested);
 

• Information posted in community discussions and other interactive online features;
 

• Correspondence you send to us; and
 

• Information collected about you offline (including via facsimile, mail, or in person for webinar & contest forms).
 

Information we collect automatically on ACT Websites. ACT Web Sites may collect certain information automatically, including:

• Your browser type and operating system;
 

• Your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area;
 

• Sites you visited before and after visiting a ACT Web Site;
 

• Web pages and advertisements you view and links you click on within ACT Web Sites;
 

• Unique identifiers, including mobile device identification numbers that can identify the physical location of such devices in accordance with applicable law;
 

• Information collected through cookies, web beacons, and other technologies;
 

• Information about your interactions with audio and video content, such as the type of content listened to and viewed, and information about your interactions with email messages, such as the links clicked on and whether the messages were opened or forwarded;
 

• Upon request, your bandwidth speed and information about the software programs installed on your computer; and
 

• Standard server log information.
 

Information we obtain from other sources. Where permitted by applicable law, we may collect information about you from other sources, including through interactive applications (such as mobile devices, third-party services, and embedded audio and video players), from co-branded partners and sites (for example, on our pages on Facebook), and from commercially available sources (such as data aggregators and public databases). The following are examples of information we may collect from other sources:

 

• Name, postal address, and telephone number;
 

• Demographic data, such as age, gender, and income level;
 

• If you access third-party services (such as Facebook, Google or Twitter) through a ACT Web Site, or if you access a ACT Web Site via a third-party service, your guest name and password for those services and other information available about or collected from you on those services can only be managed and protected by those services.  
 

• Your interests and purchase  preferences;
 

• Publicly-observed data, such as activities on blogs, videos, and other online postings; and
 

• Other navigation data, such as web sites visited and advertisements viewed or clicked on.
 

This privacy policy does not cover the practices of third parties, including those that may disclose information to ACT.

Combining Information. Please note that all of the information we collect about you may be combined, including to help us tailor our communications to you and to develop value-packed content and services across the ACT Web Sites.

3. Use of Information
We only use payment and identity verification information, such as credit card numbers, driver's license numbers, social security numbers, or comparable national identifiers as necessary for completing a particular transaction or fulfilling a service (e.g., paid subscriptions or awarding prizes to contest winners) or as otherwise required by law.

We generally use other information we collect about you to:

• Fulfill your requests for products, services, and information, including to send you electronic newsletters, authorize a purchase, and complete a transaction that you have requested;
 

• Enable you to participate in features such as surveys, polls, contests, and message boards;
 

• Provide you with electronic newsletters, information, special offers and promotional materials on behalf of ACT Web Sites, companies within our corporate family, and third parties, in accordance with applicable law;
 

• Analyze the use of ACT Web Sites and information about visitors to our Web Sites to understand and improve our service offerings and, in accordance with our sharing policies, discussed below, to produce anonymous or aggregated data and statistics that might help third parties develop their own products and service offerings;
 

• Customize the content you see when you visit a ACT Web Site;
 

• Develop and provide advertising tailored to your interests, as described in our overview of ACT Inc. online advertising;
 

• Prevent potentially prohibited or illegal activities and otherwise in accordance with ACT’s Terms of Use; and
 

• For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
 

4. Disclosure of Information
ACT is committed to maintaining your trust and we want you to understand when and with whom we may share information collected about you.

• With your consent. With your consent, we may share your contact information with third-party business partners. For example, ACT Web Sites such as Dscover-IT.com and The5Ps.com offer free access to relevant services (e.g., webcasts and white papers) if you agree to have your information shared with third parties so they can contact you about related products and services.
 

• Authorized third-party service providers. We share your information with third-party vendors who help us with specialized services, including customer support, email and text message deployment, business analytics, marketing, and data processing. These third parties are allowed to use your information to help us provide our services and not for any other purpose.
 

• Contests, or promotions. When you choose to enter a special program, contest, or other promotion, and in accordance with the terms and conditions of the promotions, your information may be disclosed to sponsors and third parties who help design, administer and implement the promotion, including in connection with winner selection, prize fulfillment and aggregated data analysis. Your information also may be disclosed as required by law, such as on a winners list. Also, by entering a promotion, you are agreeing to the official rules that govern that promotion, including allowing the sponsors to use your name, voice, and likeness in advertising and marketing associated with the promotion in accordance with applicable law. All terms applicable to the particular promotion will be made available to you at the time you enter the promotion.
 

• Co-Branded Partners. Co-Branded Partners are third parties with whom a ACT Web Site may jointly offer a service or feature. You can tell when you are accessing a service offered by a Co-Branded Partner because the Co-Branded Partner's name will be featured prominently. You may be asked to provide information about yourself to register for a service offered by a Co-Branded Partner. In doing so, you may be providing your information to both us and the Co-Branded Partner, or we may share your information with the Co-Branded Partner. Please note that the Co-Branded Partner's privacy policy may apply to its use of your information.
 

• ACT Web Sites and other ACT businesses. The ACT family continues to grow to include innovative ACT Web Sites that offer information-packed, powerful and pleasingly educational experiences. Where permitted by law, we may share information we collect about you within the family of ACT Web Sites and with  The ACT Edutainment Experience., our parent company, and other ACT-affiliated companies, so we can provide you with information about products and services that might interest you.
 

• Business transfers. We may share your information in connection with a substantial corporate transaction, such as the sale of a ACT Web Site, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.
 

• Legal requirements. We may disclose information about our guests, including contact information, to respond to subpoenas, court orders, legal process, and other law enforcement measures, and to comply with other legal obligations..
 

• Protect our Web Sites and guests. We may disclose information to protect and defend the legal rights, interests, and safety of ACT Web Sites, other ACT companies, and their employees, agents, and contractors (including enforcing our agreements); to protect the safety and security of guests of the Web Sites and members of the public; and as otherwise disclosed in our Terms of Use.
 

Please note that we may share information with advertisers as described in our overview of ACT online advertising. We also may share aggregated or anonymized information with third parties, including to help us develop content and services we hope you will find of interest or to help these third parties develop their own products and service offerings. This sharing of anonymized or aggregated information will not include information that could be used to individually identify you.

5. Your Choices
You can choose to enjoy content and features on ACT Web Sites without directly providing us with any information about you; however, as described above, some information may automatically be collected or may be requested so we may improve your experience and tailor our interactions with you.

From time to time, we may also collect information that pertains to you indirectly through other sources, such as list vendors. When we do so, we ask the vendors to confirm that the information was legally acquired by the third party and that we have the right to obtain it from them and use it.

You can opt out of receiving commercial email or text messages from a particular ACT Web Site or service by following the instructions contained in any such message. Please note that even if you unsubscribe to commercial messages, we still may need to send you communications relating to your use of the ACT Web Sites, such as service announcements.

You have choices about the collection and use of your information by third parties to display relevant advertisements, as described in our overview of Online Advertising.

You also may choose to opt out of our use of data that we collect about your visits to our business partners’ sites to customize advertising that we serve. To opt out, please email your request to us. For our contact information visit http://www.ACT-IT.com./contact.html.  

 6. Access
If you choose to share contact information with us, you may have the opportunity to update that information on a ACT Web Site. You also may update or amend your information by contacting us. If you ask us to shut down your account or delete your information, we will disable your account within a reasonable period of time. Please note that we may need to retain some information about you in order to satisfy our legal and security obligations. For example, some of your information may remain in back-up storage even if you ask us to delete it. In some cases, you may be entitled under local laws to access or object to the processing of information that we hold relating to you.

7. Protection of Information
We are committed to protecting your information. We have adopted commercially reasonable technical, administrative, and physical procedures to help protect your information from loss, misuse, unauthorized access, and alteration. Please note that no data transmission or storage can be guaranteed to be 100% secure. We want you to feel confident using ACT Web Sites but we cannot ensure or warrant the security of any information you transmit to us. Please refer to the U.S. Federal Trade Commission's web site for information on how to protect yourself from identity theft.

8. Transfer of Data Internationally
ACT Inc. is headquartered in the United States and has affiliate offices and partners in other countries. Please be aware that information you provide to us or we obtain as a result of your use of the ACT Web Sites may be collected in your country and subsequently transferred to the United States or another country in accordance with applicable law. The privacy and data protection laws in another country may not be equivalent to such laws in your country of residence. By using and participating in any ACT Web Site or providing us with your information, you consent to the collection, international transfer, storage, and processing of your information.

9. Visitors from Outside the United States
For additional information about ACT 's privacy practices, as well as our affiliate offices and partners in some of the other countries where we operate, please read this document in its entirety.

 10. Privacy Protections for Children
ACT Web Sites are intended for a professional, general audience and do not knowingly collect or store contact information about children under the age of 13. Some ACT Inc. Web Sites may ask for a birth date to ensure that they are not collecting information from children under 13 or to identify when additional steps may need to be taken in connection with information collected from children under 18. ACT does not offer services directed toward children.

11. Guest-Generated Content
Some ACT Web Sites enable guests to submit their own content for use in contests, blogs, on-air radio and TV broadcasts, online audio and video streams, videos, message boards, and other functions. Publication of Guest Generated Content on the ACT Web Sites is subject to our Terms of Use. Please remember that any information you disclose becomes public information and exercise caution when deciding to disclose your contact, financial, and other information in a submission. We cannot prevent such information from being used in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety. We may also engage a third party to provide some of the services associated with the blogs, message boards and similar functions. This third party will collect and host the information that you submit to the ACT Edutainment Web Sites but will not use any of this information for purposes other than providing the service.

12. Third Party Sites
When you select a link to a third party web site from one of the ACT Web Sites (for example, if you link to Pay Pal in order to pay for a product or service offered by a ACT Web Site), you will be leaving the ACT  Site. Any information that you disclose on the third party site will be governed by that site's privacy policy.

13. Changes to This Privacy Policy
We may update this Privacy Policy to reflect changes in our practices and service offerings. If we modify our Privacy Policy, we will update the "Effective Date" and such changes will be effective upon posting. If we make any material changes in the way we use your information, we will notify you by sending an email message to the email address you most recently provided to us or by prominently posting a notice of the changes on ACT Web Sites.

14. Questions
If you have questions regarding this Privacy Policy, please contact us and we will endeavor to respond to your request within a reasonable period of time. You may also submit questions or comments using the postal address listed below:

ACT Inc.
P.O. Box 978
South Orange, NJ  07079-0978
Attn: Legal Department

We are committed to working with you to obtain a fair resolution of any privacy concern.

 

 

 

The ACT Edutainment Experience

Terms of Use

Effective Date: April 2, 2014

Note: The ACT Inc. Terms of Use have been updated.


Welcome to the network of interactive services owned, operated, or provided by ACT Inc. (“ACT”, “The ACT Edutainment Experience,” “us,” or “we”). These Terms of Use (“Terms”) govern your use of any ACT website or service (collectively, the “Services”) that includes an authorized link to these Terms.

Please review these Terms carefully before using the Services. By using any of the Services, you accept and acknowledge that the Services are hosted in the United States and that your use of the Services is subject to these Terms and the laws of the State of New Jersey.

1. Changes
We may occasionally change these Terms, so we encourage you to review the Terms periodically. The most current version of the Terms (along with their effective date) will be linked from each of the Services. If you continue to use the Services after we change the Terms, you accept all changes.

2. Privacy Policy; Additional Terms
Our Privacy Policy describes our practices concerning data that you provide or that we may collect about you through the Services, and you consent to our use of data in compliance with the Privacy Policy.

Additional terms may apply to your use of the Services. We will provide these terms to you or post them on the Services to which they apply; they are incorporated by reference into these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular Service, the additional terms will control.

Contests and promotions on the Services may also have additional rules and eligibility requirements, such as certain age or geographic area restrictions, and you are responsible for complying with these rules and requirements.

3. Registration and Access Controls
You are responsible for maintaining the confidentiality of your login names and passwords and you accept responsibility for all activities, charges, and damages that occur under your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use.

If we request registration information from you, you must provide us with accurate and complete information and must update the information when it changes. You may not access any age-restricted Services unless you are above the required age.

4. Intellectual Property; License
The content, information, data, designs, code, and materials associated with the Services (“Content”) are protected by intellectual property and other laws. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions.

Subject to these Terms, you may access and use the Services only for your own personal, non-commercial use. We reserve all other rights to the Services and Content, and you may not otherwise copy, reproduce, distribute, publish, display, perform, or create derivative works of the Services or Content without our permission. You also may not transfer or sublicense this limited right to use the Services or resell the Services.

a. Viral Distribution
We may expressly authorize you to redistribute certain Content for personal, non-commercial use. We will identify the Content that you are authorized to redistribute and describe ways you may redistribute it (such as via email, blogs, or embedded players, or by producing Mash-Ups We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.

b. Commercial Licenses
You must obtain our written permission for commercial use of the Content or the Services. If you wish to license Content from the Services, please contact us.

5. Legal Complaints
ACT respects intellectual property rights. If you believe that Content on the Services infringes your copyright, please submit your question or complaint to us.


6. Guest Submissions
Some of the Services may allow you to submit or transmit audio, video, text, or other materials (collectively, “Guest Submissions”) to or through the Services. When you provide Guest Submissions, you grant to The ACT Edutainment Experience, its parent, subsidiaries, affiliates, and partners a non-exclusive, worldwide, royalty-free, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of those Guest Submissions, and your name, voice, likeness and other identifying information where part of a Guest Submission, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your Guest Submissions.

We respect your ownership of Guest Submissions. If you owned a Guest Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in the Terms and any access granted to others. If you delete a Guest Submission from the Services, our general license to that Guest Submission will end after a reasonable period of time required for the deletion to take full effect. However, the Guest Submission may still exist in our backup copies, which are not publicly available. If your Guest Submission is shared with third parties, those third parties may have retained copies of your Guest Submissions. In addition, if we made use of your Guest Submission before you deleted it, we will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after you delete the Guest Submission. Terminating your account on a Service will not automatically delete your Guest Submissions.

We may refuse or remove a Guest Submission without notice to you. However, we have no obligation to monitor Guest Submissions, and you agree that neither we nor our parent, subsidiaries, affiliates, employees, or agents will be liable for Guest Submissions or any loss or damage resulting from Guest Submissions.

Except as provided in the Privacy Policy, we do not guarantee that Guest Submissions will be private, even if the Guest Submission is in a password-protected area. Accordingly, you should not provide Guest Submissions that you want protected from others.

You represent and warrant that you have all rights necessary to grant to ACT Inc. the license above and that none of your Guest Submissions are defamatory, violate any rights of third parties (including intellectual property rights or rights of publicity or privacy), or violate applicable law.

7. Third-Party Content
We occasionally provide third party content or link to third party websites on the Services. We do not necessarily endorse or evaluate third party content and websites, and we do not assume responsibility for third parties’ actions or omissions. You should review third parties’ terms of use and privacy policies before you use their services.

8. Fee-Based Services
If you accept fee-based products or features, you agree to the terms and conditions governing all such purchases, including all requirements to pay applicable fees and charges. We will notify you of any changes to fees and charges. Billing for all mobile subscription services will be governed by the Mobile Features section of these Terms unless the terms of the subscription say otherwise.

We may offer trial subscriptions to paid services for free or at special discounted prices. Unless otherwise stated, these trial subscriptions and any other subscription services we provide will be automatically renewed at the current subscription rate if you do not cancel before the end of the trial or subscription period. You may need to cancel your subscription at least 10 days prior to its renewal date in order to avoid further charges.

Unless otherwise stated, all fees and charges are non-refundable, including for unused portions of cancelled subscriptions. We do not provide price protection or refunds in the event of a price drop or promotional offering.

9. Acceptable Use
The Services have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Services using any interface other than ours. We may deny permission to link to the Services for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.

Without limiting any other provision in these Terms, you may not use the Services to do the following or assist others to do the following:

• Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities;

• Link to the Services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;

• Frame the Services, display the Services in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the ACT Inc. Parties and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);

• Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;

• Transmit files that contain viruses, spyware, adware, or other harmful code;

• Advertise or promote goods or services without our permission (including, without limitation, by sending spam);

• Interfere with others using the Services or otherwise disrupt the Services;

• Transmit, collect, or access personally identifiable information about other guests without the consent of those guests and The ACT Edutainment Experience;

• Engage in unauthorized spidering, “scraping,” or harvesting Content, contact or other personal information, or use any other unauthorized automated means to compile information;

• Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit; or

• Defeat any access controls, access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another guest’s account or information, or allow anyone else to use your account or access credentials.

10. Site Access; Account Deletion
We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice:

• Restrict or terminate your access to the Services;

• Change or discontinue the Services;

• Deactivate your accounts and delete all related information and files in your accounts;

• Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy.


We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms.

If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account. Any Guest Submissions you made while using the Services will continue to be governed by Section 6 of these Terms.

Sections 6 and 11-15 of these Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.

11. Indemnification
You will defend, indemnify, and hold harmless The ACT Edutainment Experience, its parent, subsidiaries, affiliates, and the directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives of each of them and all of their successors and assigns (collectively, the “ACT Parties”) with respect to all claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from Guest Submissions). ACT Inc. retains the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Section 11 without ACT Inc.’s prior written approval.

12. Disclaimers; Limitation of Liability
THE ACT INC. PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE ACT INC. PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

THE ACT INC. PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) IN CONNECTION WITH THE SERVICES OR YOUR GUEST SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE ACT INC. PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT) UNLESS SPECIFIED IN WRITING. THE ACT INC. PARTIES’ LIABILITY IN CONNECTION WITH THE SERVICES OR YOUR GUEST SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT PAID BY YOU TO ACT INC. IN THE THREE MONTHS PRECEEDING THE CLAIM.

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE ACT INC. PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING EXPLOITATION OF ANY WEBSITE, PROPERTY, PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE ACT INC. PARTIES, INCLUDING WITHOUT LIMITATION THE SERVICES (INCLUDING THOSE INCORPORATING GUEST SUBMISSIONS).

YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

13. Governing Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of New Jersey. These Terms will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable.

With respect to any disputes or claims not subject to arbitration (as set forth below), you agree to exclusive jurisdiction in the state and federal courts in Newark, NJ. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

14. Arbitration
We may elect to resolve any controversy or claim arising out of or relating to these Terms or the Services by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Unless we establish a different location, arbitration hearings will be held in Newark, NJ. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction.

15. Miscellaneous
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our sites or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.

 

 Our Related Policy: Privacy
Our Related Policy: Terms of Use
Our Related Policy: Online Advertising
Our Related Policy: Mobile Features

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