Welcome to MMR (“www.multicultural.com” or the “Web Site”). The Web Site is operated by Multicultural Marketing Resources, Inc. (“MMR” or “we”). On the Web Site, depending on your niche in the multicultural marketing world, you (a “User”) can submit a listing to our expert directory online and/or in our printed Source Book on behalf of your company (an “Expert Listing”); list yourself or someone else from your company in our Speakers Showcase by submitting a "Speaker Profile;” submit listings of events for us to list in our Calendar of Recommended Multicultural Events (“Event Listings”); submit press releases about your company's achievements (“Press Releases”); and post comments on others' press releases or articles (“Comments”); post job listings (“Job Postings”) as a prospective employer (an “Employer”) and participate in our press referral service, through which we arrange interviews for reporters with our experts. If you are an employee or an individual, you can read and search the Job Postings. If you are a journalist, you can submit queries seeking responses from the experts (“Journalist Queries”) for us to post on the Web Site. All of the kinds of content just listed are called, collectively, “User Content.” You also can buy books in our store.
1. Binding Agreement
2. Term; Breach
These TOU will remain in full force and effect as long as you use the Web Site. We have the right to investigate any allegations that you have violated these TOU that come to our attention and to take whatever action we think is necessary or appropriate to remedy such violations, including, without limitation, removing any user Content that you may have posted or asked us to post and preventing you from accessing any Web Site Content (which is defined in Paragraph 3 below).
3. Intellectual Property
MMR owns all trademark rights in the names MULTICULTURAL MARKETING RESOURCES, MULTICULTURAL MARKETING NEWS, MULTICULTURAL ENTERTAINMENT NEWS, THE SOURCE BOOK OF MULTICULTURAL EXPERTS, and MULTICULTURAL TRAVEL NEWS and the MMR logo; all patent rights in the Web Site; and all copyrights and other rights in all MMR content that appears on the Web Site (all together, "MMR Intellectual Property"). Each Employer owns its own trademarks and the content in each of its Job Postings (“Employer Intellectual Property”). Each other entity that posts an Expert Listing, a Speaker Profile, or any other User Content owns its respective trademarks, service marks, and content (“Other Third-Party Intellectual Property”). MMR Intellectual Property, User Content, Employer Intellectual Property, and Other Third-Party Intellectual Property together constitute “Web Site Content.”
4. Limitations on Use of the Web Site
a. It is a violation of these TOU for any User to use any information obtained through the Web Site to harass, abuse, stalk, or otherwise harm another person.
b. You may reproduce all or part of any press releases and articles that you see on the Web Site as long as you do not modify them in any way and as long as you give proper credit to the authors.
c. Comments are made available to you for your information and personal use solely within the normal functionality of the Web Site. You may not copy, distribute, transmit, broadcast, display, sell, license, download or otherwise exploit any Comments in any manner not intended by the normal functionality of the Web Site or otherwise as prohibited under this Agreement.
d. You understand that when using the Web Site, you will be exposed to Web Site Content from a variety of sources, and that MMR is not responsible for the accuracy, usefulness, safety, timeliness, or intellectual property rights of or relating to such Web Site Content.
5. Posting of User Content on the Web Site
a. You are solely responsible for the contents of any User Content that you that you publish or display ("post") on the Web Site and the consequences of posting or publishing such User Content on the Web Site.
Any textual or photographic User Content that you post will be available for download by any third party.
b. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, and permissions to (i) reproduce, display, perform, distribute copies of, create derivative works (adaptation) of, or otherwise use all User Content that you post, or ask us to post, in the way that the Web Site contemplates, and (ii) to authorize us to do so. This means that with respect to any User Content that you post, or ask us to post, (i) you created such User Content yourself; (ii) if you did not create such User Content yourself, or if such User Content contains any content created or owned by anyone else, such as a quotation or a sound recording, you have written permission from that person or company to post, show, play, and distribute copies of such User Content on the Web Site; and (iii) if that User Content includes any name or photo, voice, or footage of any person, you have written permission to post, show, play and distribute copies of that name, photo, voice or footage as part of that User Content on the Web Site. If such User Content does not meet these requirements, and we are sued by someone as a result of your posting it or having it posted on the Web Site, you will have to pay our legal fees. See also the Representations and Warranties in Section 8.
c. We have the right but not the obligation (see the DISCLAIMER OF WARRANTY in Section 9) to review any User Content and remove it or take other action if we determine that it fails to comply with these rules or that it contains content that is not appropriate for posting on the Web Site ("Inappropriate User Content"). Inappropriate User Content includes material, or links to material, that:
- Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk," "chain letters," or unsolicited mass mailing or "spamming";Is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under the age of 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Facilitates or constitutes part of commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes.
d. By posting any User Content to the Web Site, and by sending us any User Content that you wish MMR to post, you automatically grant, and you represent and warrant that you have the right to grant, to MMR and its affiliates an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the information and content in such User Content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. See also the Representations and Warranties in Section 8.
6. Copyright Protection Policy
If you believe that content that you own has been posted on the Web Site without your permission, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web site; your address, telephone number, and e-mail address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent can be reached as follows: Lisa Skriloff, Multicultural Marketing Resources, Inc., 101 Fifth Avenue, Suite 10B, New York, NY 10003.
7. Interaction and Disputes Between Users; Release
You are solely responsible for your communication and interaction with any other User. Use your common sense. Make whatever investigation you feel is necessary or appropriate before you speak with or arrange to meet with any other User, including any Employer. If there is a dispute between you and any other User MMR is under no obligation to become involved. You hereby release MMR, its parent, subsidiaries and affiliates, and their officers, employees, agents, and successors in interest from claims, demands, and damages (actual and consequential) of every kind or nature, including death, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Web Site. If you are a California resident, you waive California Civil Code Section 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."
8. Representations and Warranties
In addition to any representations and warranties elsewhere in these TOU, you represent and warrant that you have the right, authority, and capacity to enter into and abide by these TOU; all information in any User Content that you post or have posted will be accurate and complete; you will not post or have posted any User Content that you do not have the legal right to post;. no posting of any User Content by you or on your behalf will violate the rights of any person under the HIPAA statute or any other statutory or common-law right of privacy; and no User Content that you post or ask us to post on the Web Site will defame any person, violate any person's right of publicity, or infringe or violate any other right of any other person or entity.
9. DISCLAIMER OF WARRANTIES
THE WEB SITE IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. MORE SPECIFICALLY:
a. MMR DOES NOT FACT-CHECK OR SCREEN ANY OF THE EXPERT LISTINGS, SPEAKER PROFILES, EVENT LISTINGS, JOB POSTINGS, COMMENTS, OR ANY OTHER USER CONTENT POSTED ON THE WEB SITE OR PRINTED IN THE SOURCE BOOK.
b. MMR EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT OF THE LAW ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO (i) THE RELIABILITY, TIMELINESS, COMPLETENESS OR ACCURACY OF ANY EXPERT LISTING, SPEAKER PROFILE, JOB POSTING, OR ANY OTHER USER CONTENT THAT APPEARS ON THE WEB SITE OR IN ANY EDITION OF THE SOURCEBOOK OR ANY LISTING ON THE WEB SITE, (ii) THE ABILITY, EXPERIENCE, CREDENTIALS OR OTHER QUALIFICATIONS OF ANY EXPERT THAT YOU FIND THROUGH THE WEB SITE; (iii) ANY PRODUCTS OR SERVICES THAT YOU MAY PROCURE THROUGH ANY LINKS ON THE WEB SITE, or (iv) VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY ACCESS YOUR COMPUTER WHEN YOU USE THE SERVICE OR CLICK ON ANY PROFILE OR AD ON THE WEB SITE.
c. MMR ALSO DISCLAIMS ANY WARRANTY OF ANY KIND RELATING TO THE RESULTS OF YOUR USE OF OR INTERACTION WITH THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE WEB SITE WILL OPERATE CONTINUOUSLY OR ERROR-FREE ON YOUR OPERATING SYSTEM OR THAT ANY USER CONTENT ON THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
d. Some jurisdictions do not allow the disclaimer of implied warranties, so some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
You will indemnify and hold harmless MMR, its parent, subsidiaries, affiliates, officers, agents, and other partners and employees from any loss, liability, claim, demand, fees, and expenses, including reasonable attorney's fees made by any third party (which means anyone other than you or MMR) due to or arising out of your use of the Web Site, including, without limitation, any claim arising from your breach of these TOU, your breach of your representations and warranties set forth above, your sharing of any personal information from the Web Site with any third party, and your posting of User Content that you do not have the right to post. This obligation will survive termination of this Agreement, which means that even after you stop using the Web Site, you will still be bound.
11. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MMR OR ANY OF ITS SUBSIDIARIES OR AFFILIATES, PRINCIPALS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF MMR OR SUCH PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEB SITE OR THE SOURCEBOOK, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEB SITE OR THE SOURCEBOOK; YOUR INABILITY TO USE THE WEB SITE; THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEB SITE; ACTIONS TAKEN OR NOT TAKEN, OR STATEMENTS MADE, BY ANY USER WITH WHOM YOU COMMUNICATE OR CONSULT AS A RESULT OF SEEING AN EXPERT LISTING, SPEAKER PROFILE, OR ANY OTHER USER CONTENT ON THE WEB SITE OR IN THE SOURCE BOOK; OR OUT OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEB SITE OR THE SOURCE BOOK OR ANY LINKS ON THE WEB SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted, so some of the foregoing limitations may not apply to you.
12. Governing Law, Jurisdiction, and Time Limit on Claims
You agree that: (i) the Web Site shall be deemed solely based in New York; and (ii) the Web Site shall be deemed a passive Web site that does not give rise to personal jurisdiction over MMR, either specific or general, in jurisdictions other than New York. If you have any dispute with us, the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You hereby submit to personal jurisdiction by and venue in the state and federal courts of Manhattan, New York. Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out of or related to use of the Web Site or the TOU must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred.
a. If you order the Source Book and you notify us within 15 days of your receipt of the Source Book that you wish to return it, and you do return it within the next 15 days to the address stated on your invoice, we will send you a full refund within 45 days of our receipt of the return.
b. If you order a book from another publisher, you will be subject to that publisher's refund policy.
c. We do not give refunds of any fees paid to post Expert Listings, Speaker Profiles, Job Postings, or any other User Content.
14. Additional Terms
Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of the TOU invalid, the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU will remain in full force and effect.
These TOU were last changed on September 27, 2010.