Website Terms of Use

Andrus Media, Inc. WEBSITE TERMS OF USE

1. ACCEPTANCE.
Welcome to www.andrusmedia.org (the "Site"). This page ("Notice") governs your use of the Site and the content, information and services provided through the Site. Please review this Notice carefully. By accessing, browsing, or using the Site ("Use"), all users and viewers ("You," "you," "User," or "user") acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. Andrus Media, Inc. ("AMI") reserves the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically for updates and changes. Each time you use this Site, your agreement to be bound to this Notice, and to the Privacy Policy, is renewed, which includes any modified terms and conditions. You agree that this Notice represents a fair allocation of risk and liability.

2. ELIGIBILITY / OTHER AGREEMENTS.
The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, you may not use the Site. If you do not agree with each provision of this Notice, or you are not authorized to agree to and accept this Notice, you may not use the Site.

This Notice is in addition to and supplements any written agreements that you or any persons you represent have with AMI, now or in the future. This Notice, together with such other agreements, constitute the entire agreement regarding your use of the Site. In the event of any inconsistency or conflict between the provisions of this Notice and any such other agreement, the provisions of this Notice shall govern your access to and use of the Site.

3. LICENSE.
AMI grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself. All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Material”) are exclusive property of AMI or its content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without AMI's prior written consent.

All AMI trademarks, service marks, and logos (the “Marks”) displayed on the Site are exclusive property of AMI. You shall not use the Marks in any manner without AMI's prior written consent.

4. USER SUBMISSIONS.
The Site provides a forum for you to obtain intern assignment information. By submitting or entering information about you or your organization to the Site, (“Submitted Material”), you agree that you grant AMI a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Material, and by any means, forever and worldwide.

You acknowledge and accept that AMI is only a passive forum for users to obtain information about intern assignments. AMI does not screen or monitor any Submitted Materials. AMI, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Materials. AMI reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Materials that AMI considers to be unacceptable. In the event AMI receives notification regarding any unacceptable Submitted Materials, AMI may investigate such materials, in its sole discretion.

You acknowledge and agree that AMI may retain copies of your Submitted Materials and disclose your Submitted Materials to a third party if AMI believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect rights of AMI; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert AMI's claim under this Notice; and (vi) satisfy any claims regarding violations of third party's rights. You acknowledge and agree that AMI may disclose your Submitted Materials, in the case of interns and prospective interns, to prospective clients and customers of AMI, and to interns and prospective interns, in the case of prospective clients and customers of AMI. You authorize AMI to (a) accept and read communications received from you, regardless of the party to whom such communications may be addressed, (b) respond to your communications by email or otherwise, and (c) notify you of news, updates, special offers or other notices by email or other communications from AMI.

5. GENERAL PROHIBITION.
In connection with your Use, you agree NOT to:

   1. violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws;
   2. infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
   3. upload, post, transmit, or store any material that:
         1. is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, objectionable, abusive, vulgar, hateful, sexually explicit or which discloses private or personal matters concerning any person;
         2. breaches any of your contractual or confidentiality obligations;
         3. disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, posting any abnormally large file or other material, or transmitting any file that permits unauthorized access to the Site or AMI's systems; or
         4. are not permitted by AMI, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials.
   4. violate others' privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting others' personal information;
   5. breach or attempt to breach any security measures of the Site;
   6. use any device, process, or mechanism to monitor, retrieve, search, or access the Site, Submitted Material, Material or other data or content without AMI's systems or network without AMI's prior written consent;
   7. copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Submitted Material or Materials, except for materials that have been submitted and are owned by you;
   8. post or submit any inaccurate, false, misleading or incomplete information, including your resume, biographical data, or employment information, and any information contained therein;
   9. impersonate any person or entity;
10. forge any header information in any electronic posting or mail; or
11. misrepresent yourself, your affiliation with any third party, or your entity.

6. SPECIFIC USAGE AND RESPONSIBILITIES.
AMI requires that its users act in a lawful and civil manner when using the Site or using our services in any manner. Accordingly, in addition to the general responsibilities listed in Section 5, you agree to:

   1. use the Site only for lawful purposes in searching for employment opportunities, interns, assignments, and career information;
   2. provide and maintain complete, correct, up-to-date, and accurate information on your Submitted Material;
   3. post only materials for which you have all the necessary rights or licenses;
   4. use your own good judgment, caution, and common sense in managing job opportunities, intern profiles, and information offered by or obtained from the Site; and
   5. bear the risks of any reliance or use of any Submitted Material or Materials or any information provided by any third party.

7. ACCOUNT AND PASSWORD.
The Site may present you with opportunities to open an account with the Site. If you open an account with the Site, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify AMI if there is any unauthorized use of your account or any breach of security.

8. RELATIONSHIP WITH AMI.
You understand and agree that AMI (a) does not warrant that you will receive any assignment through the Site; (b) does not warrant that you will receive any services from AMI; (c) does not guarantee the placement of any Intern; and (d) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties.

9. LINKS TO THIRD PARTIES.
The Site may have links, such as hyperlinks or buttons, directing access to third parties web sites (“Linked Sites”). The Linked Sites are not be controlled or monitored by AMI. AMI shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between AMI and the owner of the Linked Sites or any endorsement or sponsorship by AMI of the Linked Sites. AMI includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgment, caution, and common sense in using the Linked Sites.

10. PRIVACY.
AMI collects, uses and discloses Submitted Materials and information regarding your use of the site in accordance with the Privacy Policy. By accepting this Notice, and each time you use the Site, you consent to use and disclosure of your Submitted Materials and other information in accordance with the Privacy Policy. Please click for more details regarding our Privacy Policy.

11. INDEMNIFICATION.
You agree to indemnify, defend, and hold AMI, its shareholders, officers, directors, agents, and employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys' fees and legal fees, resulting from or arising out of your Use of the Site, your Submitted Materials, or your violation of any terms and conditions of this Notice.

12. DISCLAIMER.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFOMANCE, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY AMI TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE SITE.

THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION AND DISRUPTION, AND INADVERTENT OR DELIBERATE BREACHES OF SECURITY AND PRIVACY. THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND AMI'S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED, SECURE OR PRIVATE.

AMI WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY AMI TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY AMI IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING ANY COMMUNICATION SENT TO AMI BY MEANS OF THE SITE OR EMAIL, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE SITE OR EMAIL SERVICES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AMI MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE SITE WILL MEET YOUR REQUIREMENTS; (D) THE INFORMATION CONTAINED IN THE SITE OR DERIVED FROM THE SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; (E) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE SITE; (F) THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS, OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (G) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND AMI DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.

13. LIABILITY AND LIMITATIONS OF LIABILITY.
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE AMI, ITS SHAREHOLDERS, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

YOU FURTHER UNDERSTAND AND AGREE THAT AMI, ITS SHAREHOLDERS, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS IN NO EVENT SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF AMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, AMI'S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.

14. TERMINATION.
AMI has the right, in its sole discretion, to terminate any services of the Site and remove any Materials and Submitted Materials from the Site. AMI may also terminate your access to any part or all of the services provided by AMI on the Site at any time, with or without cause or notice, for any reason. You should always maintain a copy of your Submitted Materials.

15. GENERAL.
You agree that there is no employment, partnership, agency, joint employer or joint venture relationship between you and AMI arising out of or resulting from your Use of the Site. This Notice is governed by the laws of the State of Illinois, United States of America, without giving effect to any principles of conflict of laws. AMI does not warrant that this Site will be lawful outside the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term.

Last updated: January 28, 2010.

If you need more information regarding the Site or this Notice, please contact:

Mailing Address:
Webmaster
Andrus Media, Inc.
758 Kapahulu Avenue #A301
Honolulu, Hi 96816

Email Address
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