This Web site is owned by Mercury Communication Partners, LLC and is brought to you to provide information and for any entertainment value you may derive. The following details the terms and conditions in the use of this Web site. By accessing this Web site, you indicate your acknowledgement and acceptance of these terms. If you disagree with the terms set forth or if you disagree with the privacy policy posted on this site, do not use this site or any of it's services offered.

Change of terms

We reserve the right to modify or terminate the terms and conditions without notice, so we ask that you review these terms of use from time-to-time to make sure you are familiar with the most current version. Your continued use of this Web site following the posting of changes to these terms, including the Privacy Policy, means you accept those changes.

Without giving effect to any principles of conflicts of laws, these terms and conditions of use are governed by and construed in accordance with the laws of the State of Wisconsin and the laws of the United States. If any provision of these terms shall for any reason be unenforceable, then that provision shall be deemed severable from these terms and all remaining provisions shall remain valid and enforceable. No waiver of any part of these terms and conditions of use by us shall be deemed a further or continuing waiver of such part or any other part, and our failure to assert any right or provision under these terms and conditions of use shall not constitute a waiver of such right or provision.

Wisconsin law

This Web site is controlled by Mercury Communication Partners, LLC (Mercury) from its offices in Elm Grove, Wisconsin, USA. You agree that any action at law or in equity arising out of or relating to these terms shall be filed, the venue properly lies, only in state or federal courts in Wisconsin, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that materials in this Web site are appropriate for use in locations outside of the United States. Visitors who are using this Web site from other jurisdictions will be responsible for compliance with their local laws.

Visitor online conduct

When using our Web site, you must agree to use this Web site only for lawful purposes and only for intended purposes. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Mercury Communication Partners will fully cooperate with any law enforcement authorities or court order requesting or directing Mercury Communication Partners to disclose the identify of or help identify or locate anyone posting any such information or materials.

You also agree not to disrupt this Web site or to interfere with or compromise the security of this Web site, or any computer, server, account, network, data, software and/or hardware associated with the Web site.

In addition, you agree not to disrupt or interfere with any other visitor’s use of this site and will not attempt to obtain access to any portion of this Web site, any computer, server, account, network, software and /or hardware with the Web site, from which you are restricted. You agree that you are solely responsible for any actions you undertake while visiting this Web site and you will comply with all applicable local, state, national, and international laws and regulations, including federal copyright and export regulations. You warrant that all information that you provide to gain access to the services provided by this Web site is accurate and truthful.

Intellectual property

All trademarks, copyrights, information, content, and other materials appearing in this Web site are owned by and/or licensed to Mercury and its respective clients. All such rights are proprietary to their respective owners. You are prohibited by law and these terms from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this Web site for commercial or public purposes. 

Any unauthorized use or misuse of trademarks, copyrights, or other materials is a violation of Mercury’s intellectual property rights and is prohibited under federal and state law. 

No material from this Web site may be modified, copied, sold, reproduced, republished, distributed, downloaded, displayed, e-mailed, posted, transmitted or sold in any way or in any manner or medium, in part or in whole, without the express permission of the owner. You may download and print one copy of the materials on any single computer for your personal, non-commercial home use only, provided you also retain all copyright and other proprietary notices contained on these materials.

Links

While you are on the Mercury Web site you may be able to gain access to other Web sites via links on this site, but please be aware that these other sites are not under our control. These terms of use apply only to the Mercury Web site and do not apply to other parties' Web sites. If you have come to this Web site via a link, please be aware that the other sites’ terms of use do not apply to ours. Mercury is not responsible and assumes no responsibility for the contents of any non-Mercury linked Web site, or of any terms of use outside this Web site accessed via any link. Access to any other Web sites linked to this Web site is at the user’s own risk. We specifically disclaim any and all liability in connection therewith. 

Third party content

At times, Mercury could display communications and materials supplied by third parties on its Web sites. We undertake no obligation or liability relating to the contents of this material. The content/activities supplied by these third parties is owned solely by the respective owners of the content. Mercury, its client and affiliates, and employees are not responsible for the accuracy, completeness, and/or usefulness of the content supplied by these third parties. Do not rely on any content made available on this site that is the property of a third party. You are solely responsible for acting on any such third-party content available on this site.

We reserve the right to block or remove any such material from our Web site.

Disclaimers

Without limiting the foregoing, everything on this Web site is provided to you “AS IS” without warranty of any kind either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security or accuracy. We do not warrant that the functions contained in these materials will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. 

Your use of the Web site is at your own risk. Neither Mercury nor any of its clients and affiliates nor any other party involved in the creation, production, or delivery of this Web site or whose materials or information appear in this Web site will be liable for any damages including direct, indirect, incidental, consequential, or punitive damages, arising out of your access to or use of the Web site and however caused, whether in contract or tort. If you become dissatisfied in any way with this Web site or its terms of use, your sole and exclusive remedy is to stop using this Web site and it's services. The above limitations or exclusions may not apply to the extent that applicable law may not allow the limitation or exclusion of implied warranties. 

Limitation of liability

Mercury will not be liable for any damages of any kind, including but not limited to direct, indirect, incidental, special, punitive, and/or consequential damages arising from the use of this Web site, any materials on this Web site, or inability to use the Web site. No Mercury representatives involved in the creating, producing, serving, hosting, maintaining, and/or updating of this site shall be liable, under any circumstances for any damages, including, but not limited to damages coming from errors, omissions, interruption, defects, corruption of files, deletion of e-mail, mistakes, delay in operation or transmission, line failure, loss of data, viruses, worms or other harmful components that result from the use of or inability to use this site which may have resulted from, but not limited, to acts of God, network failure, hardware or software failure, theft, unauthorized access, your own errors, and/or omissions and any other cause regardless of whether Mercury has been advised of the possibility of these damages.

You further acknowledge and agree that neither we nor our licensees or licensors are responsible or liable for 1) any incompatibility between the Mercury Web site and any Web site, service, hardware, or software or 2) any delays or failures you may experience with any transmissions or transactions relating to the Mercury Web site in an accurate or timely manner. 

The exclusions, limitations, and disclaimers in this section and elsewhere in these terms and conditions of use apply to the maximum extent permitted by applicable law. 

Applicable law may not allow the limitation or the exclusion, limitation, or disclaimer of liability or incidental or consequential damages so the above limitations, disclaimers, or exclusions may not apply to you. 

If any portion of these limitations on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Mercury and its affiliates and clients shall not exceed one hundred U.S. dollars.

Unsolicited ideas

Please note that it is a policy of Mercury not to accept or consider unsolicited creative, production-related or other materials of any kind. Do not send us any creative materials, including promotion or commercial ideas, music or original artwork for any reason. Please also recognize that Mercury develops content and other creative materials on its own and receives the same from others. Thus, it is possible that Mercury may already be in possession of materials that are similar to yours and has no obligation to pay you for the use of such materials. 

Claims of copyright infringement

We at Mercury respect the intellectual property of all and we do anticipate that the users and visitors to our Web site will do the same.  Under Title 17, United States Code, Section 512(c)(2) (the digital millennium copyright act (DMCA)), it is Mercury’s policy to respond to clear notices of alleged copyright infringement.  

Notices of claimed copyright infringement should be directed to:

(Please include “notice of infringement” in the subject line.)

To be effective, the notification must be a written communication that includes all of the following:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed.
• A description of the copyrighted work that you believe has been infringed.
• The location on the Web site of this allegedly infringed material.
• Your address, telephone number, e-mail address, and any other pertinent information sufficient to allow Mercury to contact you.
• A statement by you that you have a good faith belief 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 are authorized to act on the copyright owners' behalf.

We may give notice to our users by means of a general notice on the Mercury Web site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to Mercury that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Mercury may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Last updated: September 24, 2008