Terms of Use for www.affinnova.com

Last Updated: August 2014

Affinnova, Inc. (“Affinnova”) owns and operates www.affinnova.com (the “Site”).

  1. ACKNOWLEDGEMENT AND ACCEPTANCE
    These Terms of Use (these “Terms”) set forth the terms and conditions that apply to use of the Site. You represent to Affinnova that you have the authority to use the Site according to these Terms. You affirm that you are fully able and competent to enter into these Terms and to abide by and comply with these Terms and, if you are an individual using the Site on behalf of a corporation or other business entity, you affirm that you have authority to bind the corporation or entity to these Terms.

    Please CAREFULLY read these terms and Affinnova’s Privacy Policy. By registering to use or using the Site, you agree to be bound by these Terms. If you do not accept all of these Terms, then please do not use the Site.

    The Affinnova Integrated Platform (which enables its users to develop, express, optimize and measure their new marketing ideas,) is offered by Affinnova at https://conceptstudio.affinnova.com/platformservices/login. Your use of Affinnova Studio™ is licensed separately and subject to the Affinnova Integrated Platform Terms. Unless explicitly agreed otherwise by Affinnova, all products, services and software offered by Affinnova including, without limitation, any new feature added from time to time (collectively, “Services”) are automatically subject to those Terms.
  2. MODIFICATIONS TO TERMS
    Affinnova may modify these Terms from time to time. When Affinnova posts modifications to these Terms, Affinnova will revise the “Last Updated” date at the top of this page. The modified Terms will be effective immediately upon posting. Your continued use of the Site after the posting of the modified Terms constitutes your agreement to abide and be bound by them, as modified. If you object to any of the modifications, your sole recourse is to terminate your use of the Site. Please check the Site from time to time to inform yourself of modifications to these Terms or any of Affinnova’s other policies related to the Site.
  3. CHANGES TO THE SITE

    Affinnova may modify or discontinue the Site or any portion thereof without notice to you and without liability to you or any third party, except as otherwise provided in these Terms.
  4. USE OF THE SERVICES
    To use the Site, you will need to: (a) provide all equipment, including a computer and modem, necessary to establish a connection to the Internet; (b) provide you own access to the Internet; and (c) pay any telephone, data, hosting or other service fees associated with such access.

    By using the Site, you specifically agree that:

    • You will use the Site only for purposes permitted by these Terms and applicable local, state, national or international laws, rules or regulations.
    • You will not upload to or download from the Site any material or information unless you have all rights and authority necessary to do so.
    • You will not upload or download any infringing, potentially libelous or slanderous, defamatory, obscene or illegal material or information, or material or information that is as otherwise inappropriate (as Affinnova determines in its sole discretion).
    • You will not engage in activities, such as use of files that contain viruses, programs or routines that may disrupt or damage the Site or another person’s computer or device.
    • You will not attempt to “crack,” “hack,” manipulate, launch any automated system or gain unauthorized access to Affinnova’s servers or software or material or areas of the Site not intended for your access.
    • You agree that you will not reproduce, duplicate, copy, sell, trade or resell any of the Site’s content for any purpose.

    Affinnova reserves the right (but is not obligated) to record, monitor, edit or disclose activities occurring through or involving use of the Site and/or investigate any allegation that any activity occurring through or involving use of the Site does not conform to these Terms. Affinnova does not endorse or assume any responsibility for any user’s activity or any crime facilitated by use of the Site.

  5. REGISTRATION
    Certain content may be intended only for users who register to use the Site (“Registered Users”) and Affinnova reserves the right to limit certain content to Registered Users (collectively, “Registered User Services”).

    As part of the registration process or as part of your continued use of any Registered User Service, you may be required to provide information about yourself (such as your name, e-mail address, telephone number, employer’s industry, name and address and your job title). You agree that the registration information you provide is complete, correct and accurate.

    You acknowledge and agree that Affinnova may block your use of the Site if any of the registration information that you provide is incomplete, incorrect or inaccurate or if Affinnova has reasonable grounds to believe that any of your registration information is incomplete, incorrect or inaccurate. You also must maintain and update your registration information to keep it complete, correct and accurate.

    You are responsible for maintaining the confidentiality of your password(s) and other registration information. You are entirely responsible for any and all activities that occur under your user identification and password whether or not authorized by you. You agree to immediately notify Affinnova at affinnovastudioaccounts@affinnova.com of any unauthorized use of your user identification or password.
  6. PRIVACY POLICY
    Any personal information provided by you or gathered by Affinnova during any visit to the Site is subject to the terms of Affinnova’s Privacy Policy, which are incorporated herein by reference. Click here to read Affinnova’s Privacy Policy.
  7. LICENSE GRANT AND CONTENT
    Subject to these Terms, Affinnova hereby grants you a nonexclusive, nontransferable right to:
    (a) use the Site (including Registered User Services); (b) access information, materials and content to which you may have access as part of or through your use of the Registered User Services (collectively, “Content”); and (c) download, print and use one copy of the Content for your personal or internal use only. Unauthorized access to the Site, or to the telecommunications or computer facilities used to deliver the Site, is a breach of the Terms and is a violation of law.

    If you download Content from the Site, the Content is licensed to you by Affinnova pursuant to the above license grant and pursuant to other terms and conditions that accompany the Content, if any. Affinnova does not transfer title to the Content to you.

    You are not permitted to copy, reproduce, republish, upload, post, transmit or distribute in any way Content or trademarks, service marks and logos (collectively, “Marks”) contained in the Content without the prior written consent of Affinnova or the applicable owner of such Content and Marks. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. Modification of the Content or use of the Content for any other purpose is a violation of Affinnova’s copyright and other proprietary rights. For purposes of these Terms, the use of any such Content on any other website or networked computer environment is prohibited.

    Except as specifically permitted in these Terms, you may not, directly or indirectly,: (i) transfer, sell, sublicense, rent or lease the Content; (ii) circumvent any encrypted data or gain access to more materials or data than was licensed for use on the Site in any manner which violates this these Terms or any applicable law; (iii) reverse engineer, decompile, disassemble, translate or convert any Content or computer programs used to access the Site (except as local law may permit without violation of local copyright law); and/or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the Content or (v) permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). Upon request, you must provide Affinnova with evidence of compliance with this Section. Any special rules for the use of any of the Services or Content accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.

    The Content of the Site is protected by copyright and other United States and foreign intellectual property and related laws, rules and regulations. The Content includes material owned or controlled by Affinnova and material owned or controlled by third parties and licensed to Affinnova. Title to all Content remains with Affinnova or the third party owners of such Content. Any use of Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved by Affinnova.
  8. SUBMISSIONS
    Affinnova welcomes your comments regarding our Services and the Site but asks that you not submit your creative ideas, suggestions or materials. If you send creative ideas, suggestions or materials to Affinnova that Affinnova has not specifically requested (collectively, “Submissions”), you grant to Affinnova and its designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, fully paid-up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. All Submissions will be deemed non-confidential and Affinnova is not liable for any use or disclosure of Submissions.
  9. THIRD PARTY LINKS
    These Terms apply only to the Site. The Site may provide links to other websites or resources. Because Affinnova has no control over such third-party websites and resources, you acknowledge and agree that Affinnova is not responsible for the availability of such websites or resources and 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 AGREE THAT YOUR USE OF THIRD PARTY WEBSITE AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITE AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH WEBSITE AND RESOURCES.
    Affinnova has the right, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.
  10. TERMINATION
    If Affinnova determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conduct inappropriate for the Site, Affinnova reserves the right to: (a) delete any or all content provided by you or your agent(s) to the Site; (b) discontinue your registration with any or all of the Site(s); (c) discontinue your subscription to any service product, content, tool or digital product used through the Site; (d) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (e) any other action which Affinnova deems to be appropriate.

    If your ability to access the Site is discontinued by Affinnova due to your violation of any portion of these Terms or for conduct otherwise inappropriate for the Site, then you agree that you shall not attempt to re-register with or access the Site by using a different user identification or otherwise. If you violate the immediately preceding sentence, Affinnova reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in clauses (a) – (e) of this Section without any notice or warning to you.

    A Registered User may delete his/her registration information at any time by sending an email (including user identification and password) to affinnovastudioaccounts@affinnova.com. Affinnova may, in its sole discretion, terminate a Registered User if he/she has been inactive for a period of twelve (12) months. A Registered User will be defined as inactive if she/he has not logged into any Site or she/he has not called Affinnova’s customer service or contacted Affinnova in any other manner.
  11. DISCLAIMER
    YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT ACCESSED THROUGH THE SITE, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AFFINNOVA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. AFFINNOVA DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. AFFINNOVA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE OR CONTENT ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT AFFINNOVA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY DEVICE THAT YOU USE TO ACCESS THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  12. LIMITATION OF LIABILITY
    AFFINNOVA IS A PROVIDER OF AN INTERACTIVE COMPUTER SERVICE WITHIN THE MEANING OF THE COMMUNICATIONS DECENCY ACT (TITLE 47, UNITED STATES CODE, SECTION 230) AND RESERVES ALL RIGHTS GRANTED UNDER SUCH LAW.
    AFFINNOVA IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, AND/OR CONTENT OBTAINED THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF AFFINNOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  13. INDEMNIFICATION
    You agree to defend, indemnify and hold each of Affinnova and its parent corporations, subsidiaries and affiliated entities and their respective officers, directors, employees and agents, harmless from and against any and all third party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) due to or arising out of: (a) your use of and access to the Site ; (b) your violation of any provision of these Terms; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right.
  14. TRADEMARKS
    Affinnova and Affinnova’s logo and other product and service names of Affinnova are trademarks of Affinnova, Inc. (the “Affinnova Marks”). You agree not to display, reproduce or otherwise use in any manner the Affinnova Marks without Affinnova’s prior written permission.
  15. CLAIMS OF COPYRIGHT INFRINGEMENT
    The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by Affinnova infringe your copyright, you (or your agent) may send Affinnova a notice requesting that the material be removed or access to it blocked by providing Affinnova’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Affinnova to locate the material;
    • Information reasonably sufficient to permit the Affinnova to contact you, such as a name, address, telephone number, and, if available, an e-mail address;
    • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Affinnova a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be addressed to Affinnova’s Copyright Agent at: Affinnova, Inc.
Attn: Legal Department,
265 Winter Street
Waltham, MA 02451
Tel: 781.464.4700
Fax: 781.464.4702
Email: legal@affinnova.com. Affinnova suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware penalties may be assessed for false infringement or claims made pursuant to the DMCA.

    For clarity, only DMCA notices and counter-notices should go to the Legal Department; any other feedback, comments, requests for technical support, and other communications should be directed to Affinnova at info@affinnova.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

  16. USER DISPUTES
    You are solely responsible for any interaction with other users of the Site. Affinnova reserves the right but shall have no obligation to monitor disputes between you and any other user of the Site.
  17. USERS FROM OUTSIDE THE UNITED STATES
    By visiting the Site, you acknowledge that you accept the practices and policies outlined in these Terms and consent to having your data transferred to and processed in the United States. If you do not agree to these Terms, please do not use the Site.

    The Site is controlled and operated by Affinnova from the United States. Affinnova does not represent or warrant that the Site, or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for complying with all local laws, rules and regulations. Affinnova may limit the availability of the Site, in whole or in part, to any person, geographic area or jurisdiction that Affinnova chooses, at any time and in Affinnova’s sole discretion.
  18. MISCELLANEOUS
    Governing Law: These Terms are governed and interpreted in accordance with the laws of the Commonwealth of Massachusetts and the United States of America, without giving effect to any choice of law or conflict of law provisions that would cause the application of any other state’s or nation’s laws.

    No Rights of Third Parties: These Terms do not create rights enforceable by third parties.

    Other: These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. These Terms will bind and inure to the benefit of each party’s successors and permitted assigns. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without Affinnova’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner, and the enforceable Sections of these Terms will remain binding upon the parties. Any heading, caption or Section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any Section or provision hereof. These Terms, together with all policies referred to herein, constitute the entire agreement between you and Affinnova with respect to your use of the Site and supersedes all prior or contemporaneous communications and proposals between you and Affinnova regarding such subject matter. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  19. CONTACTING AFFINNOVA
    If you have any questions about Affinnova generally, these Terms or the Site, please feel free to contact Affinnova at:
    Affinnova, Inc.
265 Winter Street
 Waltham, MA 02451 
Tel: 781.464.4700
 Fax: 781.464.4702
 Email: info@affinnova.com
  20. NOTICE TO CALIFORNIA RESIDENTS
    Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
    The provider of the website is:
Affinnova, Inc.
265 Winter Street
Waltham, MA 02451
    To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the above address, contact Affinnova via e-mail or telephone Affinnova at 1.781.464.4700. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.