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Terms of Use These Terms of Use shall apply to all websites owned and/or operated by M&C Fusco, Inc., including without limitation the website on which these Terms of Use are posted and M&C Fusco, Inc.’s parents, subsidiary and/or affiliate entities whether or not referred to directly as M&C Fusco, Inc.. Active maintains this and other websites as a service to its customers. By accessing and/or using the web sites owned, operated and/or maintained by Active (the "M&C Fusco, Inc. Sites"), you are expressly agreeing to comply with and be bound by the following Terms of Use and Active’s Privacy Policy separately provided, as well as all applicable laws and regulations. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE M&C FUSCO, INC. SITES AND MUST NOT ACCESS OR USE THEM. M&C Fusco, Inc. may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the M&C Fusco, Inc. Sites indicates your agreement with any such changes. You further understand and agree that any updates, enhancements or added features of any M&C Fusco, Inc. Sites or services shall be made part of these Terms of Use. Additionally, certain of the M&C Fusco, Inc. Sites may be subject to registration, processing and handling fees and/or subject to additional terms of use (e.g. eteamz.com). You are responsible for promptly paying those fees to insure your right to access the associated M&C Fusco, Inc. Sites and/or services. Copyright. Ownership. All content included on the M&C Fusco, Inc. Sites, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), are the property of M&C Fusco, Inc. or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the M&C Fusco, Inc. Sites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Active or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the M&C Fusco, Inc. Sites, services, products or software, in whole or in part. Permitted Use. The content and software on the M&C Fusco, Inc. Sites may be used as an information, entertainment, registration and/or shopping resource. In addition, M&C Fusco, Inc. hereby authorizes you to view, copy, download, and print for personal use only any M&C Fusco, Inc.-owned content on the M&C Fusco, Inc. Sites. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials owned by M&C Fusco, Inc. licensors. Except as expressly stated in these Terms of Use or as otherwise specifically authorized by M&C Fusco, Inc., you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on the M&C Fusco, Inc. Sites. Furthermore, you may not copy, reproduce or distribute the design or layout of the M&C Fusco, Inc. Sites, the M&C Fusco, Inc. logos or other design elements or software. Any use of the M&C Fusco, Inc. Site content not described herein is strictly prohibited. You also shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software contained in any M&C Fusco, Inc. Site. You agree not to modify any software for an M&C Fusco, Inc. Site in any manner or form, nor to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the M&C Fusco, Inc. Sites. You agree not to access the M&C Fusco, Inc. Sites by any means other than through the interface that is provided and authorized by Active. Copyright Complaints. M&C Fusco, Inc. respects the intellectual property of others, and we ask our content partners and M&C Fusco, Inc. members to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the M&C Fusco, Inc. Sites in a way that constitutes copyright infringement, you may notify M&C Fusco, Inc. by providing M&C Fusco, Inc.'s copyright agent the following information: M&C Fusco, Inc. trademarks identify M&C Fusco, Inc. products and services, and let the public know the source of those products and services. You may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution to M&C Fusco, Inc.. Other uses require written permission from M&C Fusco, Inc., and absent such express permission, you agree not to use or display the M&C Fusco, Inc. trademarks in any manner. Please make such requests by e-mail to micksthunderdome.com; we will evaluate your request as soon as possible. M&C Fusco, Inc. Trademarks include, without limitation, those published and searchable on the United States Patent and Trademark Office located at http://www.uspto.gov at “Search Trademarks” and the Canadian Trademark Office at: http://strategis.ic.gc.ca/sc_mrksv/cipo/welcome/welcom-e.html at “Search” indicating The M&C Fusco, Inc. Network as the identified owner for conducting such search. User Submissions and Content M&C Fusco, Inc. may provide interactive areas on the M&C Fusco, Inc. sites, in which users may post communications. You understand that all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not M&C Fusco, Inc., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the M&C Fusco, Inc. Sites. Active does not control the Content posted via the M&C Fusco, Inc. Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the M&C Fusco, Inc. Sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Active be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the M&C Fusco, Inc. Sites. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. M&C Fusco, Inc. does not claim ownership of any Content submitted and/or posted by you on any M&C Fusco, Inc. Site(s). However, by submitting and/or posting any Content to the M&C Fusco, Inc. Sites, you grant M&C Fusco, Inc. a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. In consideration of being allowed to use the Active interactive areas and Active Sites, you agree not to: impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of M&C Fusco, Inc. You acknowledge, consent and agree that M&C Fusco, Inc. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of M&C Fusco, Inc., its users and the public. You understand that the technical processing and transmission of the M&C Fusco, Inc. Sites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the M&C Fusco, Inc. Sites and software embodied within the M&C Fusco, Inc. Sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by M&C Fusco, Inc. and/or content providers who provide content to the M&C Fusco, Inc. Sites. You may not attempt to override or circumvent any of the usage rules embedded into the M&C Fusco, Inc. Sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the M&C Fusco, Inc. Sites, in whole or in part, is strictly prohibited. Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to M&C Fusco, Inc. through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) M&C Fusco, Inc. is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) M&C Fusco, Inc. shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) M&C Fusco, Inc. may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of M&C Fusco, Inc. without any obligation of Active to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from M&C Fusco, Inc. under any circumstances. Links; Third Party Services; Promotional Messages As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against M&C Fusco, Inc. with respect to such sites. In addition, you may order services or merchandise through the M&C Fusco, Inc. Sites from other persons not affiliated with M&C Fusco, Inc. ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the M&C Fusco, Inc. Sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. M&C Fusco, Inc. makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Active, nor will M&C Fusco, Inc. be construed as, a party to such transactions, whether or not M&C Fusco, Inc. may have received some form of revenue or other remuneration in connection with the transaction. You agree that M&C Fusco, Inc. will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. M&C Fusco, Inc. and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. M&C Fusco, Inc. makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither M&C Fusco, Inc. nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from M&C Fusco, Inc. such as newsletters, content, messages, and announcements, and that these communications are considered part of your access of the M&C Fusco, Inc. Sites and services and that you may not be able to opt out of receiving such communications in every instance. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF M&C FUSCO, INC. IS AT YOUR SOLE RISK. M&C FUSCO, INC. IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. M&C FUSCO, INC. AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE M&C FUSCO, INC. SITES OR OTHERWISE BY M&C FUSCO, INC. IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER M&C FUSCO, INC. NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN M&C FUSCO, INC., ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. M&C FUSCO, INC. ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON M&C FUSCO, INC. CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON M&C FUSCO, INC. M&C FUSCO, INC. MAKES NO WARRANTY THAT THE M&C FUSCO, INC. SITES' SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. ACTIVE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE M&C FUSCO, INC. SITES. M&C FUSCO, INC. IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ACTIVE SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Limitation of Liability M&C FUSCO, INC., ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF M&C FUSCO, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE M&C FUSCO, INC. SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE M&C FUSCO, INC. SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH M&C FUSCO, INC.; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY ACTIVE; (E) PERSONAL INJURY NOT CAUSED BY M&C FUSCO, INC.’S GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE M&C FUSCO, INC. SITES; OR (H) ANY OTHER MATTER RELATING TO THE ACTIVE SITES, OR M&C FUSCO, INC. PRODUCTS OR SERVICES. YOU AGREE THAT M&C FUSCO, INC.’S MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY M&C FUSCO, INC. FROM YOU. Indemnification You agree to defend, indemnify and hold harmless Active, its subsidiaries, and each of their affiliates, directors, officers, agents, partners, contractors, licensors, licensees and employees or the author of any training program from any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of: your use of M&C Fusco, Inc. services; the M&C Fusco, Inc. Sites; any other websites accessed from or affiliated with the M&C Fusco, Inc.; any products purchased off of the M&C Fusco, Inc. or websites available from or related to the M&C Fusco, Inc. Sites; the use by you of any training programs purchased through M&C Fusco, Inc.; your violation of these Terms of Use; content you submit, post, transmit or otherwise make available through the M&C Fusco, Inc. Sites; or any other infringement committed by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity. Termination M&C Fusco, Inc. reserves the right, in its sole discretion, to immediately and without any prior notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access the M&C Fusco, Inc. Sites and/or any other service provided to you by M&C Fusco, Inc. upon; (a) any breach by you of these Terms of Use or upon your demonstration of conduct that M&C Fusco, Inc. determines to be inappropriate; (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the M&C Fusco, Inc. Sites and/or M&C Fusco, Inc. services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Where your account or registration with M&C Fusco, Inc. is terminated, you may be required to forfeit any credits, pre-paid fees, and any other amounts collected by M&C Fusco, Inc. as part of your use and registration of the M&C Fusco, Inc. Sites. M&C Fusco, Inc. shall not be required to refund, redeem or pay any such amounts to you, and you shall remain liable to M&C Fusco, Inc. for any charges, fees, commitments, and obligations incurred by you prior to such termination. All records, information, messages, content and other information related to your registration and account may also be deleted by M&C Fusco, Inc. in its sole discretion without any notice or liability to you. Active shall not be liable to you or any third party for any termination of your account, any associated account related or identifying information, or access to the M&C Fusco, Inc. Sites and/or Active services. Applicable Law; Consent to Jurisdiction The M&C Fusco, Inc. sites (excluding linked sites) are controlled by M&C Fusco, Inc. from its offices within the State of New York, United States of America. The M&C Fusco, Inc. sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing the M&C Fusco, Inc. Sites both you and M&C Fusco, Inc. agree that the statutes and laws of the State of New York, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the M&C Fusco, Inc. Sites. You agree that exclusive jurisdiction for any dispute with M&C Fusco, Inc., or in any way relating to your membership or use of M&C Fusco, Inc., resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any dispute including any claim involving M&C Fusco, Inc. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. 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. Miscellaneous M&C Fusco, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Terms of Use, the M&C Fusco, Inc. Sites and/or M&C Fusco, Inc. services (or any part thereof) with or without notice. M&C Fusco, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. M&C Fusco, Inc. may assign its rights and obligations under these Terms of Use and upon such assignment M&C Fusco, Inc. may be relieved of any further obligation hereunder. You represent to M&C Fusco, Inc. that you have the authority to register with M&C Fusco, Inc. according to these Terms of Use. The failure of M&C Fusco, Inc. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. M&C Fusco, Inc. may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the M&C Fusco, Inc. Sites. Except for certain M&C Fusco, Inc. licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use. With your prior approval, M&C Fusco, Inc. reserves the right to charge fees, surcharges and/or membership fees at any time. Please see our Credit Card Payment Policies for additional information. Contact Please report any violations of these Terms of Use by contacting M&C Fusco, Inc., Attn: Michael A. Fusco 202 Factory Street, Watertown, NY 13601. Phone: 1.315.767.7859 http://www.micksgraphics.com
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204 Factory Street Watertown NY 13601 315-767-7859, micksgraphics@twcny.rr.com, micksgraphics.com, personal sport posters, free photos, 18.2 million hits in 8 months, fast growing website in NNY, the best aport photography in NNY, Northern New York's Photo Professional Poster & Photo Website, Website Design, Graphic Design, Sport Photography, Great Advertising Rates, High Traffic Site |
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