Terms and Conditions

Ownership

The content on the Admatric Website, including text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, but excluding Submissions and Feedback (each as defined below) (collectively, “Content”) and the Admatric trademark and logo, as well as certain other of the names, logos and materials displayed on or through the Admatric Website that constitute trademarks or logos (collectively, “Marks”) are owned by or licensed to Admatric and are subject to copyright, trademark, and other intellectual property rights under U.S. and international laws. All rights in or to the Admatric Website, including in the Content and the Marks, not granted herein are expressly reserved to Admatric or its licensors.

Use of the Admatric Website and Content

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Admatric Website, or any portion of the Admatric Website, including, without limitation, the Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by Admatric and its applicable licensors. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the Admatric Website, or any portion of the Admatric Website, including, without limitation, the Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by Admatric and its applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content. You agree that we may use any information we obtain about you through the Admatric Website in accordance with the provisions of our Privacy Policy. In addition to reviewing these Terms, you should also read our Privacy Policy, which describes how we may collect and use your personal information ( https://www.admatric.com/legal/privacy ).

Prohibited content and activities include, but are not limited to:

1. Violating any local, state, national, or international law or regulation.
2. Transmitting any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
3. Transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
4. Knowingly transmitting any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
5. Stalking, harassing, or harming another individual.
6. Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.
7. Interfering with or disrupting the Admatric Website or servers or networks connected to the Admatric Website, or disobeying any requirements, procedures, policies or regulations of networks connected to the Admatric Website.
8. Launching any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Admatric Website in a manner that sends more request messages to the Admatric Website in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser.

Submissions

The Admatric Website may enable you to submit messages, comments, photographs, images, or other content (“Submissions”) to the Admatric Website. When you provide Admatric with a Submission, you grant to Admatric and its affiliates, representatives and assigns a non-exclusive, fully-paid, world-wide, transferable, royalty-free license, with the right to grant sublicenses, to display, publicly perform, distribute, store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Submissions (or any portions or derivative works thereof) in any manner, in any medium, for any purpose. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature with respect to any Submission. Submissions may be available to all users of the Admatric Website. Admatric reserves the right to display advertisements in connection with your Submissions and to use your Submissions to advertise and promote Admatric, the Admatric Website and any other Admatric products or services. Admatric reserves the right to modify Submissions in its sole and absolute discretion. Admatric is not required to host, display, or distribute any Submissions, and may refuse or remove them at any time.

Admatric shall have the right, but no obligation, to monitor Submissions to determine compliance with this Agreement. Admatric shall have the right in its sole discretion to edit, refuse to post or remove any Submission. Admatric neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement in any Submission. Notwithstanding the right to monitor set forth herein, Admatric does not control any Submission that you or other users may provide. Accordingly, by permitting you to post Submissions to the Admatric Website, Admatric is not, and will not become, a publisher of such Submissions and is merely functioning as an intermediary to enable you to provide and display Submissions.

If you make any Submissions, you represent and warrant that: (a) you own all rights in your Submissions or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to Admatric the rights in your Submissions described herein; (b) you have paid and will pay in full all license fees, clearance fees, and any other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions; (c) your Submissions do not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal or moral rights of any third party. You agree to keep all records necessary to establish that your Submissions do not violate any of the foregoing representations and warranties and to make such records available to Admatric upon Admatric’s request; and (d) you are at least 18 years of age or between the ages of 13 and 17 and using the Admatric Website with parental or legal guardian consent and supervision.

Feedback

You further agree that Admatric and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback other than Submissions (“Feedback”), whether oral or written, that you may send to Admatric or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Admatric has no duties to you, with respect to such Feedback.

Digital Millennium Copyright Act

Admatric respects the intellectual property rights of others. Upon proper notice, Admatric will remove Submissions or other applicable content that violate copyright law and terminate repeat infringers. Pursuant to 17 U.S.C. § 512, Admatric has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send Admatric’s copyright agent a notification of claimed infringement with all of the following information:

1. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
2. identification of the claimed infringing material and information reasonably sufficient to permit Admatric to locate the material on the Admatric Website;
3. information reasonably sufficient to permit Admatric to contact you, such as an address, telephone number, and, if available, an email address;
4. 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;
5. a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
6. Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.
7. your physical or electronic signature.

Please send all of the above enumerated information to the following Admatric copyright agent:

Please do not send notices or inquiries unrelated to alleged copyright infringement to Admatric’s designated agent.

Links to and from other Websites

You may post Content available on the Admatric Blog ( https://blog.admatric.com/ ). to certain third party social media websites and other platforms using the links embedded therein. You agree to comply with any applicable terms of use of those third party platforms and social media websites with respect to posting any Content. You will be solely responsible for any actions you take in posting the Content, including for your compliance with any applicable terms and conditions of those third party social media websites or other platforms. Furthermore, the Admatric Website may provide, or third parties may provide, links to other websites or resources. Because we have no control over such third-party websites and resources, you acknowledge and agree that Admatric is not responsible for the availability of such websites or resources, and Admatric does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that Admatric shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such website or resource.

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE ADMATRIC WEBSITE IS AT YOUR SOLE RISK. THE ADMATRIC WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADMATRIC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ADMATRIC WEBSITE (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT). ADMATRIC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE ADMATRIC WEBSITE OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE ADMATRIC WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE ADMATRIC WEBSITE;
3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN;
4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ADMATRIC WEBSITE;
5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE ADMATRIC WEBSITE BY ANY THIRD PARTY; AND
6. FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE ADMATRIC WEBSITE. ADMATRIC AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE ADMATRIC WEBSITE OR ANY LINKED WEBSITE. ADMATRIC AND ITS AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ADMATRIC WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADMATRIC OR THROUGH THE ADMATRIC WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ADMATRIC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO YOUR USE OF THE ADMATRIC WEBSITE.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Admatric may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Admatric’s liability shall be the minimum permitted under such applicable law.

Indemnity

You hereby agree to indemnify, defend, and hold harmless Admatric, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to (a) any information (including, without limitation, your Submissions, Feedback, or any other content) you submit, post, or transmit on or through the Admatric Website; (b) your use of the Admatric Website; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity, including, without limitation, any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Admatric reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Admatric in asserting any available defenses.

Force Majeure

Under no circumstances will Admatric be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, 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.

Termination

If you violate any of these Terms, your permission to use the Admatric Website and the Content automatically terminates.

Modifications to the Admatric Website

Admatric reserves the right to modify or discontinue the Admatric Website with or without notice to you. Admatric shall not be liable to you or any third party should Admatric exercise its right to modify or discontinue the Admatric Website.

Other Provisions

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of laws rules or provisions. You agree that any action at law or in equity arising from or relating to these Terms or the Admatric Website shall be filed only in the state or federal courts located in Miami, Florida and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The failure of Admatric to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. These Terms, together with our Privacy Policy, and any other principles, rules, or guidelines posted in connection with the Admatric Website, are the entire and exclusive agreement between Admatric and you regarding the Admatric Website, and these Terms supersede and replace any prior agreements between Admatric and you regarding the Admatric Website.

Changes to these Terms

From time to time, we may change these Terms. If we decide to change these Terms, in whole or in part, we will inform you by posting the revised Terms to the same location on the Admatric Website where this version of the Terms resides. Those changes will go into effect on the Effective Date disclosed at the end of the revised Terms. Your continued use of the Admatric Website constitutes your agreement to abide by the Terms as revised. If you object to any such revisions, your sole recourse shall be to stop using the Admatric Website.