Terms of Use

Updated April 25, 2012 [ If you have any questions about the terms of use, please contact Avauncer Media through Contact Us page or call 408- 540-6146 or FAX: 07024012927]

Please read these Terms of Use before using Avauncer.com, Avauncer Media’s mobile sites and applications, Avauncer Media’s interactive voice response service, any other Avauncer Media sites, applications or services, or any features of these sites, applications and services, including, but not limited to, the Avauncer Media Shop, Content Feeds, Podcasts, API Content, the Avauncer Media Media Player, widgets, the Avauncer Media Community and other social networking features (collectively, the “Avauncer Media Services”). By using the Avauncer Media Services, you agree to be bound by these Terms of Use and the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please exit the Avauncer Media Services and do not use the Avauncer Media Services or any of their features. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the Avauncer Media Services. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Avauncer Media Services following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.

Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policies governing the web sites, applications and services of Avauncer Media’s member services, and other web sites, applications and services that may link to or from the Avauncer Media Services.

Copyrights 

The contents of the Avauncer Media Services are protected by U.S. and international copyright laws. The contents of the Avauncer Media Services are owned by or licensed to Avauncer Media or Avauncer Media’s member services and other producers or providers of programs or content to Avauncer Media (“Content Providers”). In the case of User Materials (as defined in the “User Materials” section below), the contents are licensed to Avauncer Media by the user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Avauncer Media Services without the prior written consent of Avauncer Media, except as provided below. All rights not expressly granted in these Terms of Use are reserved to Avauncer Media.

You may copy, download one copy on a single computer, and print a limited amount of content, for your personal, non-commercial use only, provided that (a) you include without modification all copyright and other proprietary notices contained in the content, (b) you do not modify the content, (c) you do not use the content in a manner that suggests Avauncer Media promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. In addition, you may use widgets and tools on the Avauncer Media Services that allow selected User Materials to appear on your personal, noncommercial web site, weblog or other application, subject to the conditions in the preceding sentence.

No quotes from any material on the Avauncer Media Services may be used in any media without attribution to Avauncer Media.

You may use the Content Feeds, API Content, Podcasts, Avauncer Media Media Player, and other features of the Avauncer Media Services only as expressly permitted in the relevant paragraphs below in these Terms of Use.

Any other use of Avauncer Media content requires prior written permission from Avauncer Media. For permission requests, visit our permissions page.

Trademarks

Avauncer Media®, Avauncer Media®, Avauncer Media program names, member services names, logos and program names, and Content Provider names, logos and program names, are service marks of Avauncer Media LLC., its member services or the Content Providers. All rights are reserved by the respective owners. You may not use any Avauncer Media-provided service marks, logos or graphics, without Avauncer Media’s prior written consent, except that you shall have the right, and obligation, to use any Avauncer Media, Avauncer Media member services or other Content Provider service mark or logo included in, or required to be used in connection with, API Content, Content Feeds, Avauncer Media’s Media Player, or other functionalities of the Avauncer Media Services, subject to the requirements set forth in these Terms of Use for the use of the API Content, Content Feeds, Avauncer Media Media Player, or other functionalities of the Avauncer Media Services.

User Materials 

Through the Avauncer Media Community portion of the Avauncer Media Services, through the Contact Us page, and through other features of the Avauncer Media Services, users may post, upload, transmit and/or otherwise submit (“Submit”) comments, messages, other text, photos, images, story ideas, essays, and other content and materials, and make recommendations, on or through the Avauncer Media Services (“User Materials”). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by Avauncer Media staff and on the Avauncer Media Services by the general public. You acknowledge that the Avauncer Media Services, the Avauncer Media Community, and other features of the Avauncer Media Services, are for public and not private communications.

We reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the Avauncer Media Services. However, by submitting User Materials on or through the Avauncer Media Services, you hereby grant Avauncer Media, Avauncer Media member services, and other Content Providers, and their respective licensees, a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the Avauncer Media Services, Avauncer Media member services web sites, applications and services, third party licensee web sites, applications and services, over the air (on radio or television), and other applications and services, without payment and without further consent or notice to you. You further grant Avauncer Media, its member services, and their licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the User Materials.

In addition, you grant each user of the Avauncer Media Services, Avauncer Media member services’ web sites, applications and services, and other Content Providers’ web sites, applications and services, a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the Avauncer Media Services and Avauncer Media member services’ web sites, applications and services and other Content Providers’ web sites, applications and services, to use your User Materials pursuant to these Terms of Use and the terms of use of the member services, and as permitted by the functionality of the Avauncer Media Services and member services web sites, applications and services (such as through widgets and API Content distribution).

For any User Materials you Submit on or through the Avauncer Media Services, you agree to abide by the “Rules of Use for the Service” set forth below, the Social Networking Discussion Rules (for User Materials Submitted through the Avauncer Media Community or in response to an Avauncer Media Blog), and these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.

Framing 

Avauncer Media does not allow framing of the Avauncer Media Services. 

Links to the Avauncer Media Services 

Avauncer Media encourages and permits links to content on the Avauncer Media Services. However, Avauncer Media is an organization committed to the highest journalistic ethics and standards and to independent, noncommercial journalism, both in fact and in appearance. Therefore, the linking should not (a) suggest that Avauncer Media promotes or endorses any third party’s causes, ideas, web sites, products or services, or (b) use Avauncer Media content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.

Links to Third Party Sites and Services 

The Avauncer Media Services contain links to Internet sites, applications and services maintained by third parties, over which Avauncer Media has no control. Avauncer Media does not endorse the content, operators, products or services of such sites, and Avauncer Media is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Avauncer Media 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 such content, products or services available on or through such sites.

In some cases, the Avauncer Media Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third party tools if you agree to their respective terms and policies.

The Avauncer Media Services include a tool that allows you to sign in using information from your account with a third party service, such as Facebook, Twitter, Google, Yahoo, OpenID, or LinkedIn. Please be aware that those third party services are unrelated to Avauncer Media, and that your use of the third party services is subject to the terms and policies of those services.

Content Feeds

Avauncer Media provides Really Simple Syndication (RSS) Feeds at http://feeds.feedburner.com/Avauncer, and provides or may provide other content feeds on or through the Avauncer Media Services, consisting of a selection of headlines, summaries or text blurbs, and links to full stories, which are delivered to users using Really Simple Syndication technology, other XML (eXtensible Markup Language) technology, or other syndication technology (collectively, the “Content Feeds”). The Content Feeds are available for personal, noncommercial use or for noncommercial use on the web site, weblog or similar application “501(c)(3) NoAvauncer Mediaofit Corporation”). You may display, excerpt from, and link to the Content Feeds on your personal web site, weblog, or similar application for personal, noncommercial purposes or on your 501(c)(3) (a) the links redirect the user to the Avauncer Media Services when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable Avauncer Media Services page, (c) the use or display does not suggest that Avauncer Media promotes or endorses any third party causes, ideas, web sites, products or services, (d) the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content Feeds. If you display an entire Content Feed on your personal or 501(c)(3)(b) you must provide attribution to Avauncer Media or the relevant Content Provider adjacent to the Content Feed, by including “Avauncer Media News Headlines” or “Avauncer Media” or the name of the relevant Content Provider in text adjacent to the Content Feed. Any other use of Avauncer Media’s trademarks or service marks, the names or service marks of any Content Provider, or of the Content Feeds requires the prior written permission of Avauncer Media. For permission requests, please visit our permissions page. For use of the stories or other content that are linked to by the Content Feeds, please see the Copyrights section of these Terms of Use.

Podcasts

Avauncer Media provides podcasts (the “Podcasts”) consisting of selected audio content that is provided using an XML feed and associated audio file so that the audio file may be downloaded and played from a user’s computer, mobile device or other portable listening device. Podcasts are available for personal, noncommercial use only. You may download, copy and/or transfer to a mobile or portable listening device the Podcasts for your personal, non-commercial use only, provided that you do not modify the content. You also may link to Podcasts from your web site, weblog or similar application, as long as (a) the links redirect the user to the Avauncer Media Services when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable portion of the Avauncer Media Services, (c) the linking does not suggest that Avauncer Media promotes or endorses any third party’s causes, ideas, web sites, products or services, (d) you do not use Avauncer Media content for inappropriate commercial purposes, and (e) you provide attribution to Avauncer Media adjacent to the link.

Avauncer Media Mobile Services

Avauncer Media does not charge you for the use of its mobile sites and applications, its interactive voice response services, or any features of these sites, applications and services (“Avauncer Media Mobile Services”). Please check your wireless plan, however, because your carrier’s per-minute, text messaging, and data or other charges may apply. You must provide at your own expense the equipment and connections needed for you to use the Avauncer Media Mobile Services, and you are solely responsible for any costs you incur to access the Avauncer Media Mobile Services. You should keep in mind that the use of the Avauncer Media Mobile Services to send content to another person via e-mail or SMS (Short Message Service) or text message may result in wireless charges to both the sender and the receiver.

Avauncer Media Media Player 

Avauncer Media offers an audio and video player for accessing audio and video content on the Avauncer Media Services (the “Avauncer Media Media Player”). The Avauncer Media Media Player may be embedded or displayed on your personal web site, weblog, or similar application for personal, noncommercial purposes, or on your 501(c)(3) NoAvauncer Mediaofit Corporation web site, weblog, or similar application (if you are not a news organization) for noncommercial purposes, provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links redirect the user to the Avauncer Media Services when the user clicks on them, and all content is streamed from the originating Avauncer Media servers; (c) you shall not add to, delete or modify any audio, video, headlines, text, links, or other content contained in the Avauncer Media Media Player; (d) you shall not delete or modify the Avauncer Media logos contained in the Avauncer Media Media Player; (e) your use or display of the Avauncer Media Media Player must not suggest that Avauncer Media, its member services or any Content Provider promotes or endorses you or any third party or the causes, ideas, web sites, products or services of you or any third party; (f) you shall not use the Avauncer Media Media Player in any way that changes or distorts the fundamental meaning of the content; and (g) you may not insert any intermediate page, splash page or other content between the links contained within the Avauncer Media Media Player and the Avauncer Media Services. Any other use of Avauncer Media’s trademarks or service marks, the Avauncer Media Media Player, or of any content contained within the Avauncer Media Media Player requires the prior written permission of Avauncer Media. For permission requests, please visit our permissions page.

Rules for Use of the Service By using the Avauncer Media Services, including by registering for the Avauncer Media Services, participating in the Avauncer Media Community, Submitting User Materials through the Avauncer Media Community, the Contact Us page or other means, using Content Feeds, API Content, or Podcasts, or by using any other features of the Avauncer Media Services, you agree to the following rules:

You must be at least eighteen (18) years of age to register for or participate in the Avauncer Media Community or other social networking features of the Avauncer Media Services; submit any User Materials or personally-identifying information on or through the Avauncer Media Services; participate in any online contests; and/or place an order on the Avauncer Media Shop. If you are between the ages of 13 and 18, you may browse the Avauncer Media Services or register for email newsletters or other features of the Avauncer Media Services (excluding the Avauncer Media Community) with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.

You may not submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.

You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.

You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize Avauncer Media, Avauncer Media member services, and users of the Avauncer Media Services (to the extent permitted by these Terms of Use) to use and distribute any User Materials.

The Avauncer Media Services can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use the Avauncer Media Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.

You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Avauncer Media Services to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Avauncer Media Services.

You may not interfere with or disrupt the integrity or performance of the Avauncer Media Services, any portion or contents thereof, or related systems or networks, or use the Avauncer Media Services in any way which degrades their reliability, speed or operation, or their underlying hardware or software. In addition you may not attempt to gain unauthorized access to the Avauncer Media Services or related systems or networks.

By submitting any User Materials on or through the Avauncer Media Services, you hereby grant Avauncer Media, Avauncer Media member services, and other Content Providers, their licensees, and users of these web sites, applications and services (to the extent permitted by the Terms of Use) the licenses to use those User Materials as set forth above in the “User Materials” section.

You are solely responsible for any User Materials submitted using your account. Avauncer Media does not and cannot review all User Materials submitted by you or others and is not responsible for any User Materials submitted by you or others on or through the Avauncer Media Services. However, Avauncer Media has the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the Avauncer Media Community), or these Terms of Use, or for any other reason, as determined in Avauncer Media’s sole discretion.

Avauncer Media is not responsible or liable for any User Materials Submitted by you or a third party, including any User Materials, on or through the Avauncer Media Services. Avauncer Media cannot verify the accuracy of statements that users make or place on or through the Avauncer Media Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with the Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the Avauncer Media Community), or these Terms of Use.

By using the Avauncer Media Services, you agree to abide by these rules. You acknowledge that Avauncer Media has the right (but not the obligation) to review, screen, delete, edit or move content or material that it deems, in its sole discretion, to be in violation of the Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the Avauncer Media Community), or these Terms of Use, or for any other reason, in its sole discretion. You further acknowledge that Avauncer Media has the right to limit or terminate your, or any other person’s, access to or registration in the Avauncer Media Services for any reason, in its sole discretion, including violation of the Rules for Use of the Service or these Terms of Use.

You agree to comply with the Social Networking Discussion Rules, as they may be updated from time to time by Avauncer Media.

Representations; Indemnity

You represent and warrant that (a) if you Submit any User Materials or personally-identifying information on or through the Avauncer Media Services, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the Avauncer Media Services that may be necessary for their use as contemplated by the Avauncer Media Services and these Term of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the Avauncer Media Services and these Terms of Use, (d) the User Materials, and their use by Avauncer Media, Avauncer Media member services, their licensees, and users of the Avauncer Media Services and Avauncer Media member services web sites, applications and services (pursuant to these Terms of Use and the terms of use of member services sites) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate any Rules for Use of the Service, the Social Networking Discussion Rules (for User Materials Submitted through the Avauncer Media Community), or these Terms of Use, and (e) your use of the Avauncer Media Services complies with these Terms of Use. You agree that you will indemnify and hold harmless Avauncer Media, its member services, and Content Providers and their respective directors, officers, employees, members, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Avauncer Media Services, (3) the User Materials you have Submitted on or through the Avauncer Media Services, or (4) Avauncer Media’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by Avauncer Media member services, licensees, and users.

Disclaimer 

THE Avauncer Media SERVICES AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE Avauncer Media SERVICES ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Avauncer Media DOES NOT WARRANT THAT THE Avauncer Media SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES Avauncer Media MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Avauncer Media SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE Avauncer Media SERVICES OR THROUGH LINKS ON THE Avauncer Media SERVICES. USE OF THE Avauncer Media SERVICES IS ENTIRELY AT YOUR OWN RISK.

CONTENT ON THE Avauncer Media SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE Avauncer Media SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD OR AVOID PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE Avauncer Media SERVICES.

LIMITATION OF LIABILITY 

IN NO EVENT WILL Avauncer Media, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND PODCAST PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE Avauncer Media SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE Avauncer Media SERVICES, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL Avauncer Media, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

RIGHT TO CHANGE Avauncer Media SERVICES 

Avauncer Media reserves the right to change, terminate or suspend the Avauncer Media Services, any features of the Avauncer Media Services (including, but not limited to, Content Feeds, API Content, Podcasts, and the Avauncer Media Media Player), and any content or materials contained in the Avauncer Media Services, in any way, at any time and for any reason or no reason. Avauncer Media also has the right to require you to cease accessing any features, content or materials of the Avauncer Media Services.

Digital Millenium Copyright Act (DMCA) Notices; Copyright Agent 

Avauncer Media respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Avauncer Media Services, please provide the following information in writing to Avauncer Media’s Copyright Agent (see 17 U.S.C. Section 512(c)(3) for further detail):

a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.

a description of the copyrighted work that you claim has been infringed.

a description of the material that you claim 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 sufficient to permit us to locate the material.

information so that we can contact you, such as address, telephone number and 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.

a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded or Submitted to the Avauncer Media Services, that were subsequently removed from the Avauncer Media Services, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to Avauncer Media’s Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):

your physical or electronic signature.

a description of the materials that have 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 under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Avauncer Media’s Copyright Agent can be reached as follows: 

Only DMCA notices should be sent to the Copyright Agent. For other comments or questions regarding the Avauncer Media Services, please contact Avauncer Media through our contact page.

International Users

The Avauncer Media Services are controlled and operated within the United States. Avauncer Media makes no representation that content, materials or products available on or through the Avauncer Media Services are appropriate or available for use outside of the United States. If you access the Avauncer Media Services from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Miscellaneous 

These Terms of Use, together with the Privacy Policy and Social Networking Discussion Rules, represent the entire understanding of the parties regarding the use of the Avauncer Media Services and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the Avauncer Media Services. These Terms of Use are separate and distinct from the terms of use governing the web sites, applications and services of Avauncer Media’s member services, and the web sites, applications and services that may link to or from the Avauncer Media Services. These Terms of Use shall be governed by and construed under District of Columbia law, without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Use or relating to the Avauncer Media Services shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the District of Columbia. A modification or waiver of a part of these Terms of Use shall not constitute a waiver or modification of any other portion of the Terms of Use. If for any reason any provision of these Terms of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Use will continue in full force and effect.

Questions 

If you have any questions about the terms of use, please contact Avauncer Media through Contact Us page or call +408- 540-6146 or FAX: 07024012927