|
Terms
of
Use
-
Web
Site
The
following
terms of use
(“Terms of
Use”) govern
your use of
the
Harte-Hanks
Web sites on
which they
are posted,
which are
maintained
by
Harte-Hanks,
Inc. and its
divisions
and
subsidiaries
(“Harte-Hanks”).
Please read
these Terms
of Use
carefully
before using
this Web
site (the
“Web Site”).
By using
this Web
Site, you
agree to
these Terms
of Use. If
you do not
agree to
them, do not
use or
otherwise
access this
Web Site.
Harte-Hanks
may at any
time revise
these terms
by updating
this
posting. By
using this
Web Site,
you agree to
be bound by
any such
revisions
and should
therefore
periodically
visit this
page to
determine
the then
-current
terms to
which you
are bound.
Harte-Hanks
is also
referred to
in this
Terms of Use
as “we,”
“us,” “our”
or other
similar
pronouns.
Harte-Hanks
may
terminate,
change,
suspend or
discontinue
any aspect
of the Web
Site,
including
the
availability
of any
features of
the Web
Site, at any
time.
Harte-Hanks
also may
impose
limits on
certain
features and
services or
restrict
your access
to parts or
all of the
Web Site
without
notice or
liability if
we believe
you are in
breach of
this Terms
of Use or
applicable
law, or for
any other
reason.
DESCRIPTION
OF
RESOURCES.
Through
this Web
Site,
Harte-Hanks
provides you
with access
to a variety
of content
(including,
for example,
audio,
photographs,
graphics,
video,
software,
data, and
other
materials),
and
resources
(including,
for example,
download
areas,
corporate
information,
communication
capabilities
and product
information,
and various
other
services and
features)
(such
content and
resources
collectively
referred to
herein as
"Resources").
Your access
to and use
of the
Resources,
including
any updates,
enhancements
and new
features
thereof, are
subject to
these Terms
of Use.
Certain of
Harte-Hanks
divisions’
and
subsidiaries’
Web Sites,
which may
include
other
features or
services
(including,
certain
subscription
and
information
services)
may be
subject to
other or
additional
Terms of Use
or
agreements,
so please
check either
those other
Web Sites
for their
Terms of Use
or any
agreements
you or your
company may
have with
Harte-Hanks.
PROPRIETARY
RIGHTS.
As between
you and
Harte-Hanks,
Harte-Hanks
owns, solely
and
exclusively,
all rights,
title and
interest in
and to the
Web Site,
all the
Resources
thereon, the
look and
feel, design
and
organization
of the Web
Site, and
the
compilation
of the
Resources on
the Web
Site,
including
but not
limited to
any
intellectual
property and
proprietary
rights
therein.
Your use of
the Web Site
does not
grant to you
ownership of
any
Resources
you may
access on
the Web
Site.
SUBMITTED
MATERIALS.
Unless
specifically
requested,
we do not
solicit nor
do we wish
to receive
any
confidential,
secret or
proprietary
information
or materials
from you
through the
Web Site, by
e-mail or in
any other
way. Any
information
or material
submitted to
us
(including,
for example
and without
limitation,
that which
you submit
or post to
our message
boards, or
send to us
via e-mail)
(“Submitted
Materials”)
will be
deemed not
to be
confidential
and may be
used by us
in any
manner
consistent
with the Web
Site’s
PRIVACY
POLICY.
By
submitting
or sending
Submitted
Materials to
us, you: (i)
represent
and warrant
that the
Submitted
Materials
are original
to you, that
no other
party has
any rights
thereto, and
that any
"moral
rights" in
Submitted
Materials
have been
waived, and
(ii) you
grant us and
our
affiliates a
royalty-free,
unrestricted,
worldwide,
perpetual,
irrevocable,
non-exclusive
and fully
transferable,
assignable
and
sublicensable
right and
license to
use, copy,
reproduce,
modify,
adapt,
publish,
translate,
create
derivative
works from,
distribute,
perform and
display such
material (in
whole or
part) and to
incorporate
it in other
works in any
form, media,
or
technology
now known or
later
developed.
We cannot be
responsible
for
maintaining
any
Submitted
Material
that you
provide to
us, and we
may delete
or destroy
any such
Submitted
Material at
any time.
PRIVACY AND
PROTECTION
OF PERSONAL
INFORMATION.
See the
Privacy
Policy
PRIVACY
POLICY
disclosures
relating to
our
collection
and use of
personal and
non-personal
information.
on this Web
Site. The
Privacy
Policy is
incorporated
herein by
reference
for all
purposes.
This Web
Site is
controlled,
operated and
administered
from within
the United
States of
America and
all
information
is collected
within the
United
States.
LIMITATIONS
ON
USE
Unless
otherwise
specified,
the
Resources
are your
individual
informational
purposes
only. You
may not
modify,
copy,
distribute,
transmit,
display,
perform,
reproduce,
publish,
license,
create
derivative
works from,
transfer, or
sell any
information,
documents,
graphics,
software,
products or
services
obtained on
this Web
Site or
from the
Resources.
You may not
perform,
reproduce,
distribute
or broadcast
these
Resources in
any context
without
express
written
permission
from
Harte-Hanks
or as
otherwise
provided at
law. These
Resources
and the Web
Site may
include
inaccuracies
or
typographical
errors, may
be
out-of-date
and are
subject to
change at
any time by
Harte-Hanks.
THIRD
PARTY WEB
SITES.
While on
this Web
Site, you
may have the
opportunity
to link from
the Web Site
to third
party Web
sites and
third party
Web sites
may link to
the Web
Site.
Harte-Hanks
makes no
representations
whatsoever
about any
other Web
site that
you may
access
through this
one. In
addition, a
link to a
third party
Web site
does not
mean that
Harte-Hanks
endorses or
accepts any
responsibility
for the
content, or
the use, of
such Web
site. Any
reliance on
the contents
of a third
party Web
site is done
at your own
risk and you
assume all
responsibilities
and
consequences
resulting
from such
reliance.
DISCLAIMER
OF
WARRANTIES
AND
LIMITATION
OF
LIABILITY.
HARTE-HANKS
DOES NOT
REPRESENT,
WARRANT OR
GUARANTEE
THE
SUITABILITY,
TIMELINESS,
SECURITY,
CORRECTNESS,
THOROUGHNESS,
COMPLETENESS
OR ACCURACY
OF THE
INFORMATION
CONTAINED ON
THIS WEB
SITE, OR IN
THESE
RESOURCES,
WHICH IS
PROVIDED "AS
IS" WITHOUT
WARRANTY OF
ANY KIND.
HARTE-HANKS
HEREBY
DISCLAIMS
ALL
WARRANTIES
AND
CONDITIONS
WITH REGARD
TO THIS WEB
SITE AND THE
RESOURCES,
INCLUDING
WARRANTIES
AND
CONDITIONS
OF
MERCHANTABILITY,
WHETHER
EXPRESS,
IMPLIED OR
STATUTORY,
FITNESS FOR
A PARTICULAR
PURPOSE,
TITLE AND
NONINFRINGEMENT.
WE MAKE NO
WARRANTY
THAT THE WEB
SITE WILL
MEET USERS’
REQUIREMENTS.
HARTE-HANKS
ALSO ASSUMES
NO
RESPONSIBILITY,
AND SHALL
NOT BE
LIABLE FOR,
ANY DAMAGES
TO, OR
VIRUSES THAT
MAY INFECT,
YOUR
COMPUTER
EQUIPMENT OR
OTHER
PROPERTY ON
ACCOUNT OF
YOUR ACCESS
TO, USE OF,
OR BROWSING
IN THE WEB
SITE OR YOUR
DOWNLOADING
OF ANY
RESOURCES
FROM THE
SITE. YOU
ACKNOWLEDGE
THAT ANY
RELIANCE ON
ANY PART OF
THE WEB SITE
OR ANY SUCH
RESOURCES
SHALL BE AT
YOUR SOLE
RISK.
IN NO EVENT
SHALL
HARTE-HANKS,
OR ANY OF
ITS
DIRECTORS,
OFFICERS,
EMPLOYEES,
AGENTS OR
CONTENT OR
SERVICE
PROVIDERS
(THE
“PROTECTED
ENTITIES”)
BE LIABLE
FOR ANY
SPECIAL,
INDIRECT,
INCIDENTAL,
CONSEQUENTIAL,
EXEMPLARY OR
PUNITIVE
DAMAGES OR
ANY DAMAGES
WHATSOEVER
RESULTING
FROM LOSS OF
USE, DATA OR
PROFITS,
RESULTING
FROM, OR
DIRECTLY OR
INDIRECTLY
RELATED TO
THE USE OF
OR INABILITY
TO USE THE
WEB SITE OR
ANY OF THE
RESOURCES,
YOUR
PROVISION OF
INFORMATION
VIA THE WEB
SITE,
WHETHER IN
AN ACTION OF
CONTRACT,
NEGLIGENCE
OR OTHER
TORTIOUS
ACTION,
ARISING OUT
OF OR IN
CONNECTION
WITH THE USE
OR
PERFORMANCE
OF THESE
RESOURCES.
IN NO EVENT
WILL THE
PROTECTED
ENTITIES BE
LIABLE FOR
OR IN
CONNECTION
WITH ANY
CONTENT
POSTED,
TRANSMITTED,
EXCHANGED OR
RECEIVED BY
OR ON BEHALF
OF ANY USER
OR OTHER
PERSON ON OR
THROUGH THE
WEB SITE.
HARTE-HANKS
SHALL NOT BE
LIABLE TO
YOU, WHETHER
IN CONTRACT
OR IN TORT,
FOR ANY
AMOUNT
EXCEEDING
ONE DOLLAR
($1.00).
NO
UNLAWFUL OR
PROHIBITED
USE.
As a
condition of
your use of
the Web Site
and the
Resources,
you will not
use the Web
Site or the
Resources
for any
purpose that
is unlawful
or
prohibited
by these
Terms of
Use. You may
not use the
Web Site or
the
Resources in
any manner
that could
damage,
disable,
overburden,
or impair
any
Harte-Hanks
server, or
the
network(s)
connected to
any
Harte-Hanks
server, or
interfere
with any
other
party's use
and
enjoyment of
the Web Site
or any
Resources.
You may not
attempt to
gain
unauthorized
access to
the Web Site
or any
Resources,
other
accounts,
computer
systems or
networks
connected to
any
Harte-Hanks
server or to
any of the
Resources,
through
hacking,
password
mining or
any other
means. You
may not
obtain or
attempt to
obtain any
materials or
information
through any
means not
intentionally
made
available
through the
Web Site or
the
Resources.
You may not
use bots or
spiders or
other
similar
methods to
scan or
obtain
information
(such as
e-mail
addresses or
other
contact or
personal
information)
from the Web
Site without
the express
prior,
written
permission
of
Harte-Hanks.
You may not
create
images or
thumbnails
of the Web
Site or any
of the
Resources
without
express,
prior,
written
permission
of
Harte-Hanks.
You may not
insert your
own or a
third
party’s
advertising,
branding or
other
promotional
content into
any of the
Resources.
You further
agree that
you may not
attempt (or
encourage or
support any
one else’s
attempt) to
circumvent,
reverse
engineer,
decrypt, or
otherwise
alter or
interfere
with the Web
Site or the
Resources.
CLIENTS.
If you are a
client of
Harte-Hanks,
your usage
of this Web
Site or
Resources
also may be
subject to
the terms of
a license or
other
agreement
between your
company and
Harte-Hanks.
You should
refer to
that
agreement in
addition to
these Terms
of Use with
regard to
your use of
this Web
Site and the
Resources.
USE OF
COMMUNICATION
RESOURCES.
The
Resources
may contain
e-mail
services,
bulletin
board
services,
chat areas,
news groups,
forums,
communities
or
communication
facilities
designed to
enable you
to
communicate
with others
(each a
"Communication
Service" and
collectively
"Communication
Resources").
You agree to
use the
Communication
Resources
only to
post, send
and receive
messages and
material
that are
proper,
compliant
with this
Terms of Use
and, when
applicable,
related to
the
particular
Communication
Service. By
way of
example, and
not as a
limitation,
you agree
that when
using the
Communication
Resources,
you will
not:
-
Use the
Communication
Resources
in
connection
with
surveys,
contests,
pyramid
schemes,
chain
letters,
junk
email,
spamming
or any
duplicative
or
unsolicited
messages
(commercial
or
otherwise).
-
Defame,
abuse,
harass,
stalk,
threaten
or
otherwise
violate
the legal
rights
(such as
rights of
privacy
and
publicity)
of others.
-
Publish,
post,
upload,
distribute
or
disseminate
any
inappropriate,
profane,
defamatory,
obscene,
indecent
or
unlawful
topic,
name,
material
or
information.
-
Upload,
post,
publish,
distribute
or
otherwise
make
available,
files that
contain
images,
photographs,
software
or other
material
protected
by
intellectual
property
laws,
including,
by way of
example,
and not as
limitation,
copyright
or
trademark
laws (or
by rights
of privacy
or
publicity)
unless you
own or
control
the rights
thereto or
have
received
all
necessary
consent to
do the
same.
-
Upload
post,
transmit,
distribute
or
otherwise
publish
files or
other
materials
that
contain
viruses,
Trojan
horses,
worms,
time
bombs,
cancelbots,
corrupted
files,
spyware or
any other
similar
software
or
programs
or harmful
components
that may
damage the
operation
of the Web
Site or
another's
computer
or
property
of
another.
-
Restrict
or inhibit
any other
user from
using and
enjoying
the
Communication
Resources.
-
Harvest or
otherwise
collect
information
about
others,
including
e-mail
addresses.
-
Violate
any
applicable
laws or
regulations.
-
Create a
false
identity
for the
purpose of
misleading
others, or
impersonate
or
misrepresent
your
affiliation
with any
other
person or
entity,
whether
fictitious
or actual,
including,
but not
limited
to, anyone
from the
Web Site
or
Harte-Hanks.
-
Use,
download
or
otherwise
copy, or
provide
(whether
or not for
a fee) to
a person
or entity
any
directory
of users
of the
Resources
or other
user or
usage
information
or any
portion
thereof.
Harte-Hanks
reserves the
right, but
does not
have an
obligation,
to monitor
and/or
review all
information
and
materials
posted or
submitted by
users to the
Web Site.
Harte-Hanks
also
reserves the
right at all
times to
disclose any
information
as
Harte-Hanks
deems
necessary to
satisfy any
applicable
law,
regulation,
legal
process or
governmental
request, or
to edit,
refuse to
post or to
remove any
information
or
materials,
in whole or
in part,
that in
Harte-Hanks
sole
discretion
are
objectionable
or in
violation of
this Terms
of Use,
Harte-Hanks’
policies or
applicable
law.
It is
important to
remember
that
comments or
information
submitted to
a forum may
be recorded
and stored
in multiple
places, both
on our Web
Site and
elsewhere on
the
Internet,
which are
likely to be
accessible
for a long
time and you
have no
control over
who will
read them
eventually.
It is
therefore
important
that you are
careful and
selective
about the
personal
information
that you
disclose
about
yourself and
others, and
in
particular,
you should
not disclose
sensitive,
proprietary
or
confidential
information
in your
submissions
to our
Communication
Resources.
COPYRIGHT
NOTICE.
Copyright
©2007
Harte-Hanks,
200 Concord
Plaza Dr,
Ste 800, San
Antonio, TX,
78216 U.S.A.
All rights
reserved.
TRADEMARKS.
Harte-Hanks,
Trillium,
Postfuture,
Computer
Intelligence,
Market
Advantage,
Allink,
Aberdeen,
Global
Address,
PennySaver,
The Flyer,
and
associated
logos and
products
referenced
herein are
either
registered
trademarks
or
trademarks
of
Harte-Hanks
in the U.S.
and other
countries.
The names of
actual
companies
and products
mentioned
herein may
be the
trademarks
of their
respective
owners.
Nothing
contained on
the Web Site
should be
construed as
granting, by
implication,
estoppel, or
otherwise,
any license
or right to
use any
trademark
displayed on
the Web Site
without our
written
permission
or that of
the third
party rights
holder. Any
rights not
expressly
granted
herein are
reserved.
INDEMNIFICATION.
You
agree to
defend,
indemnify
and hold
harmless
Harte-Hanks
and its
directors,
officers,
employees
|