Terms of Use
Our Terms
AFFINITY CONSULTANTS
GREEKLICENSING.COM AND
AFFINITYLICENSING.COM AND
THE AFFINITY GATEWAY™
TERMS OF USE
GREEKLICENSING.COM AND
AFFINITYLICENSING.COM AND
THE AFFINITY GATEWAY™
TERMS OF USE
Welcome to Affinity Consultants’s online sites located at https://greeklicensing.com, https://affinitylicensing.com and the Affinity Gateway (the “Gateway”) located at https://affinity-gateway.com (collectively the “Site”). We want you to get the most out of your experience, so here are the ground rules:
These terms of use and the policies referred to herein contain the complete terms and conditions (the “Terms” or “Agreement”) that apply to your use of Affinity’s Sites, including the Affinity Gateway. The Site, including the Gateway, and all related content is owned by or licensed to Affinity Consultants and is collectively referred to as “Affinity Consultants Materials.” “Affinity” or “us/we/our” refers to Affinity Consultants, and “user” or “you/your” refers to you. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you/your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.
USING OR ACCESSING THE SITE, THE GATEWAY, OR ANY OF THE AFFINITY CONSULTANTS MATERIALS CONSTITUTES A KNOWING ACCEPTANCE AND ACKNOWLEDGEMENT OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE ANY PORTION OF THE SITE, THE GATEWAY, OR THE AFFINITY CONSULTANTS MATERIALS.
1. About Our Site
Affinity Consultants provides this Site to facilitate the licensing of merchandise on behalf of our clients (“Clients”). We may allow vendors to apply for licensing, submit design ideas, and submit royalty reports through the Site. Users may perform searches on licensed vendors and available types of merchandise. We may allow Clients to access and review vendor information and reports. All vendors must have a valid license agreement with each Client for which it advertises and sells merchandise bearing a Client’s name, nickname, letters, crest or coat of arms, badge, slogans, symbols or other insignia (collectively “Client Merchandise”). While we provide this Site as a tool, vendors are solely responsible for compliance with all licensing requirements of Clients.
2. Privacy Policy
Affinity Consultants is committed to safeguarding your privacy online. Please review our Privacy Policy, which is incorporated into and made a part of this Agreement.
3. Modification of these Terms
We may modify the Terms from time to time, and any changes will be effective when posted. You are encouraged to review the current version of the Terms of Use upon each use of the Site. Continued use of the Site or Affinity Consultants Materials after changes to these Terms will be deemed acceptance.
4. Your Account
You may provide information about yourself or your business to the Site. In creating an account and/or providing any content to the Site, you represent and warrant to Affinity Consultants that all information provided is true, accurate and correct.
To post content to the Site, you must create an online user account. User accounts are available to vendors, licensing applicants, and Clients. All users will be given separate login identifications. You are solely responsible for your account. Our use of any personal information you provide during the account creation process is governed by the Affinity Consultants Privacy Policy. You are entirely responsible for maintaining the confidentiality and security of your account, and you are solely responsible for all changes and updates submitted through your account as well as all content posted or other activities that occur under your account. You agree to notify Affinity Consultants immediately of any unauthorized use of your account by either sending notifications to abuse@affinity-gateway.com or other methods as directed by Affinity Consultants from time to time. Affinity Consultants reserves the right to suspend access to or to close your account or any login in violation of these Terms or otherwise at Affinity Consultants’s sole discretion.
Any content you provide to the Site shall be your original content and shall not be defamatory, libelous, scandalous, obscene, pornographic or harassing in any way and shall not be posted for any improper motive or purpose.
Information about vendors of Client Merchandise may be freely displayed, reproduced or distributed by Affinity Consultants in any way in any format. For example, vendor company profiles and contact information may be displayed in our vendor search tool, which is available to the public. Vendor licensing information, including applications and reports, may be shared with any of Affinity Consultants’s Clients, whether received in electronic means through the Site or submitted through paper form to Affinity Consultants.
5. Age Limits and Users under 18
In order to create an online account, you must be at least 18 years old - and you represent and warrant to Affinity Consultants that you are at least 18. This Site is not intended to be used by children under 18.
6. Vendor Payment Obligations & Electronic Transactions
Vendor users acknowledge that certain licensing fees may be paid by vendors of Client Merchandise through the Site which may be required to fully participate in the services offered through the Gateway, including but not limited to application fees, licensing fees, and/or royalties. All vendor users agree to promptly pay any all amounts due as described in the application or licensing agreement documents. Users further agree that all licensing transactions, whether the initial application process, execution of the license agreement, approval of product designs or specifications, or otherwise may be executed electronically.
7. General Restrictions On Use & Termination
Except as expressly authorized by this Agreement, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Affinity Consultants Materials, the Site, and you may not create derivative works based on any portion of the Affinity Consultants Materials or Site without the express written consent of Affinity Consultants. Without limiting the generality of these Terms, you specifically agree not to use the Affinity Consultants Materials in connection with any of the following, each as determined in the sole discretion of Affinity Consultants:
(1) Any illegal or unauthorized use;
(2) Impersonation of any person or entity; Falsely stating or misrepresenting your affiliation with another person or entity; Accessing or using the account of another without permission; “hacking” or gaining unauthorized access to any portion of the Site;
(3) Defaming, abusing, “stalking”, harassing, or threatening any other person;
(4) Posting, storing, or otherwise using the Affinity Consultants Materials in connection with any content that is obscene, illegal, or sexually explicit;
(5) Harming minors in any way;
(6) Posting, storing, or otherwise using Affinity Consultants Materials in connection with any content that depicts or suggests harm to animals;
(7) Infringing any patent, trademark, trade secret, service mark, copyright, privacy right, publicity right, or any other right of another person or entity;
(8) Distributing unsolicited or unauthorized advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other such messages for any purpose;
(9) Distributing computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfering with or disrupting same;
(10) Taking any action that imposes or may impose (in the sole discretion of Affinity Consultants) an unreasonable or disproportionately large load on Affinity Consultants’s servers or infrastructure;
(11) Interfering with, disrupting, or destroying the servers or networks connected to the Affinity Consultants Materials, or disobeying any rules or regulations applicable to such Materials, servers or networks;
(12) Using any robot, “bot” spider, scraper, web crawler, data mining process, technique, or means, or implementing any other automatic or manual processes to access, copy, compile, or decompile any portion of the Affinity Consultants Materials;
(13) Violating any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information for your employer in breach of any employment, consulting, or non-disclosure agreement);
(14) Decompiling, reverse engineering, disassembling or otherwise attempting to derive source code from Affinity Consultants or the Site;
(15) Removing, circumventing, disabling, damaging or otherwise interfering with security-related features, or features that enforce limitations on use of the Site or Affinity Consultants Materials;
(16) Modifying, copying, publishing, licensing, selling, renting, leasing, lending, transferring or otherwise commercializing any rights to the content posted on the Site or any other Affinity Consultants Materials or any portions thereof; and/or
(17) Violating any other term or condition governing your use of the Site.
(2) Impersonation of any person or entity; Falsely stating or misrepresenting your affiliation with another person or entity; Accessing or using the account of another without permission; “hacking” or gaining unauthorized access to any portion of the Site;
(3) Defaming, abusing, “stalking”, harassing, or threatening any other person;
(4) Posting, storing, or otherwise using the Affinity Consultants Materials in connection with any content that is obscene, illegal, or sexually explicit;
(5) Harming minors in any way;
(6) Posting, storing, or otherwise using Affinity Consultants Materials in connection with any content that depicts or suggests harm to animals;
(7) Infringing any patent, trademark, trade secret, service mark, copyright, privacy right, publicity right, or any other right of another person or entity;
(8) Distributing unsolicited or unauthorized advertising, surveys, contests, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or other such messages for any purpose;
(9) Distributing computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfering with or disrupting same;
(10) Taking any action that imposes or may impose (in the sole discretion of Affinity Consultants) an unreasonable or disproportionately large load on Affinity Consultants’s servers or infrastructure;
(11) Interfering with, disrupting, or destroying the servers or networks connected to the Affinity Consultants Materials, or disobeying any rules or regulations applicable to such Materials, servers or networks;
(12) Using any robot, “bot” spider, scraper, web crawler, data mining process, technique, or means, or implementing any other automatic or manual processes to access, copy, compile, or decompile any portion of the Affinity Consultants Materials;
(13) Violating any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information for your employer in breach of any employment, consulting, or non-disclosure agreement);
(14) Decompiling, reverse engineering, disassembling or otherwise attempting to derive source code from Affinity Consultants or the Site;
(15) Removing, circumventing, disabling, damaging or otherwise interfering with security-related features, or features that enforce limitations on use of the Site or Affinity Consultants Materials;
(16) Modifying, copying, publishing, licensing, selling, renting, leasing, lending, transferring or otherwise commercializing any rights to the content posted on the Site or any other Affinity Consultants Materials or any portions thereof; and/or
(17) Violating any other term or condition governing your use of the Site.
8. Termination
If you fail to comply with these Terms, Affinity Consultants may at any time in its sole discretion and without prior notice to suspend or terminate your access to and use of the Site, the Gateway, or Affinity Consultants Materials or any portion thereof; deny your access to and use of the Site or related Affinity Consultants Materials, in whole or in part, revoke any or all of your other rights granted under this Agreement; or take any other action available at law or equity. This Site is available AS IS and AS AVAILABLE. Affinity Consultants in its sole discretion may discontinue the Site and/or the Gateway at any time in its sole discretion.
9. Email Policy
You may receive periodic emails from Affinity Consultants at the time of your registration for an online account or at other times. These emails include, but are not limited to, notifications about your account, responses to your inquiries, or other official messages related to services performed by Affinity Consultants. All users of the Gateway must have an active and valid email address
10. Intellectual Property Rights
The word marks AFFINITY CONSULTANTS, AFFINITY GATEWAY, GREEKLICENSING, AFFINITYLICENSING, as well as the “Officially Licensed Product” words and associated designs are trademarks of Affinity Consultants and may not be used without the prior, express, written permission of Affinity Consultants. You acknowledge that the Clients described on the Site separately own trademarks for their names and insignia. No license, right or interest in any trademarks of Affinity Consultants, any Clients, or any other third party is granted under this Agreement. Except as expressly set forth herein, no license is granted to you for any other purpose other than for facilitating use of the Site. Any licenses concerning a vendor’s use of the trademarks and insignia of individual Clients on Client Merchandise shall be governed by separate agreement and is not affected in any way by these Terms. All rights not expressly granted herein are specifically reserved.
The Affinity Consultants Materials are protected by copyright, trademark, and/or other intellectual property laws. Unless otherwise agreed in writing by Affinity Consultants, all text, graphics, video, data or other content appearing on or posted to the Site, including but not limited to visual interfaces, data, interactive features, graphics, design, compilation, computer code, software, comments, reviews or ratings, reports and other usage-related data, your account, and all other elements and components of the Affinity Consultants Materials and Site are owned by Affinity Consultants or its licensors (collectively “Affinity Consultants Content”). You SHALL NOT copy, display, distribute, modify, translate, reformat, incorporate into any advertisement, create derivative works based on, publish, or sell any content on the Site or any information, software, or services provided by Affinity Consultants hereunder. Affinity Consultants Content may be modified from time to time by Affinity Consultants in its sole discretion. Any unauthorized use of the content of the Site may subject you to civil or criminal penalties.
11. Your Representations About Content You Provide through the Site.
You represent and warrant that you are the sole, original creator of any and all content you may upload, post or submit to Affinity Consultants, that you did not copy or take any portion of the content from any other source, and if you have taken content from another source, you have made only a fair use of third party materials reproduced in the content, have properly cited and credited such use, and have brought such use to Affinity Consultants’s attention. Affinity Consultants or its Clients have the right to reject the submission if Affinity Consultants or its Clients, in our sole discretion, believes that such use may not constitute a fair use or is otherwise objectionable to the ideals of the applicable Client.
For any content you may upload, post, or otherwise submit to the Site, for which you retain ownership rights to your data, you grant to Affinity Consultants, its successors, assigns, and licensees and Clients, a perpetual, non-revocable, worldwide, transferable, sublicensable, royalty-free, license to use, copy, display, transmit, perform, modify and create derivative works of your content, in all media now or hereafter known, in connection with the operation of the Site or otherwise in facilitating and enforcing the license agreements between vendors and Clients concerning Client Merchandise.
12. Report Abuse; Procedure For Claims Of Copyright Infringement
Affinity Consultants respects the intellectual property and proprietary rights of others. To report abuse (other than copyright claims), please email us at abuse@affinity-gateway.com, including a description of the basis for your report and the location of the offending material.
In accordance with the Digital Millennium Copyright Act, Affinity Consultants has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Site. If you believe that your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, please send Affinity Consultants’s Designated Agent (identified below) a notice containing the following:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
(2) A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of the website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
(3) A description of where the material that you claim is/are infringing is/are located on this Site, including the URL, so that we can locate the material;
(4) Your address, telephone number and email address;
(5) A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
(6) A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
(2) A description of the copyrighted work(s) that you claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the URL of the website where the copyrighted work(s) is/are lawfully published; the name, edition and page(s) of a book, etc.);
(3) A description of where the material that you claim is/are infringing is/are located on this Site, including the URL, so that we can locate the material;
(4) Your address, telephone number and email address;
(5) A statement that you have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent, or applicable law; and
(6) A statement by you, under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
You acknowledge that if you fail to comply with all of the above-listed requirements of this Section, your DMCA notice may not be valid.
Dan Shaver
President
Affinity Consultants
5751 Palmer Way, Suite G
Carlsbad, CA 92010
Phone: 760-734-6764
copyright@affinity-gateway.com
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING AFFINITY CONSULTANTS THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO THE DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION”.
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
(1) Your physical or electronic signature;
(2) Description of the content that has been removed or to which access has been disabled and the location where the content appeared before it was removed or disabled;
(3) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(4) Your name, address, telephone number, and email address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
(2) Description of the content that has been removed or to which access has been disabled and the location where the content appeared before it was removed or disabled;
(3) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(4) Your name, address, telephone number, and email address and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notice, we may send a copy to the original complaining party informing the complainant that Affinity Consultants may replace or enable the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Affinity Consultants’s sole discretion.
13. Liability Limitations
YOU ARE USING THE SITE “AS IS” AND “AS AVAILABLE.” IN NO EVENT SHALL AFFINITY CONSULTANTS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH (I) ANY USE OF THE SITE, OR THE AFFINITY CONSULTANTS MATERIALS, (II) ANY CONTENT CONTAINING ERRONEOUS OR OUTDATED DATA, (III) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SITE FOR UPLOADING OR STORING CONTENT), (IV) THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY IN CONNECTION WITH THE AFFINITY CONSULTANTS MATERIALS, OR (V) ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS) OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH A USER’S SUBMISSION OF CONTENT TO THE SITE OR USE OF THE SITE OR THE AFFINITY CONSULTANTS MATERIALS. THIS LIMITATION OF LIABILITY AND THE DISCLAIMER OF WARRANTY SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. Disclaimer Of Warranty
THE SITE AND ALL CONTENT, INFORMATION, AND MATERIALS CONTAINED IN OR ACCESSED ON THE SITE ARE PROVIDED TO USER ON AN “'AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND. AFFINITY CONSULTANTS AND ITS CLIENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURATENESS OR COMPLETENESS, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING. AFFINITY CONSULTANTS DOES NOT WARRANT THAT THE SITE IS ACCURATE AND FREE FROM ERROR NOR DOES AFFINITY CONSULTANTS WARRANT THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED OR THAT USE OF THIS SITE WILL PROVIDE SPECIFIC RESULTS.
Affinity Consultants also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms on contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your uploading of any content, materials, text, images or other information to the Site or any linked sites.
15. Indemnity
You agree to indemnify, defend, and hold harmless Affinity Consultants, its subsidiaries and affiliates, agents, officers, directors, attorneys, or other employees, and permitted assigns, from any claim or demand, including reasonable attorneys’ fees, made by anyone due to or arising from content you submit, post, transmit, or make available through the Site, your use of the Affinity Consultants Materials, your internet connection to the Site, your violation of these Terms of Use, Privacy Policy, or your violation of any rights of another, including but not limited to claims of intellectual property infringement.
16. Links To Third Party Sites
The Site may contain links to websites operated by vendors, Clients, or other parties other than Affinity Consultants. Such links are provided for your information only. Affinity Consultants does not control such websites and is not responsible for their content. Affinity Consultants’s inclusion of any third party links does not imply any endorsement of the material on such websites.
17. Severability; Waiver
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under applicable law, then, the remainder of the Agreement shall be in full force and effect to the fullest extent possible. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. No waiver shall be enforceable against Affinity Consultants unless such waiver is in writing signed by Affinity Consultants.
18. No Assignment; No partnership
You may not transfer or assign your rights and obligations under this Agreement without the prior, written consent of Affinity Consultants; however, Affinity Consultants may assign this Agreement without restriction. The parties are independent contractors, and nothing herein shall be deemed to create an agency or partnership relationship.
19. Governing Law; Limitation on Actions
This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in San Diego County, California in all disputes arising out of or relating to the use of this Site. In any action brought to enforce the terms of this Agreement, Affinity Consultants shall be entitled to recover its reasonable costs and attorneys’ fees as a prevailing party. You must commence any cause of action or claim against Affinity Consultants within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
20. Location of Services
The Affinity Consultants Materials and Site are intended to be offered from Affinity Consultants’s location in the United States of America. Affinity Consultants makes no representations that the Affinity Consultants Materials or Site is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so as is and are responsible for compliance with local law.
21. Notices
Affinity Consultants may give notice by means of a general notice posted to the Site, e-mail to your address on record in the Site’s account information, or by written communication sent by prepaid first class mail or overnight post to your address listed in your account. Notice is effective upon posting to the Site or upon sending the email, or upon the date sent if delivered via first class mail or pre-paid post. You may give notice to Affinity Consultants by any of the following: e-mail to support@affinity-gateway.com; or letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Affinity Consultants, 5751 Palmer Way, Suite G, Carlsbad, CA 92010.
22. Entire Agreement
This Agreement, together with the Privacy Policy, and all other related Policies, form the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements pertaining hereto. You understand that this Agreement is in addition to any separate license agreements you have with an organization. This Agreement may only be amended by Affinity Consultants in writing and will be effective immediately upon posting the revised version to the Site. Your use of the Site and Affinity Consultants Materials shall be subject to the current version of this Agreement at your time of use of the Site and Affinity Consultants Materials, as provided herein.
23. Contact Us
Please send any notices, questions, comments, or concerns regarding this Site, (other than notifications of claimed copyright infringement) to: support@affinity-gateway.com
REVISION DATE: January 15, 2015