This Agreement constitutes a binding agreement between "You", "Your", or the "Purchaser" and Scott, Butler, Scott, Inc. ("Scott, Butler, Scott") with respect to ordering the Mailing Lists on an individual basis or ordering either the Workbook/Plus or Workbook Pro Subscription Service. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
Scott, Butler, Scott offers verified mailing lists ('Mailing Lists") that reach advertising agencies, design studios, photographers, illustrators, graphic arts support services, and in-house corporate art departments. You may purchase and download an "Instant List" or a "Custom List" via the ordering process on the workbook.com Web site.
Scott, Butler, Scott offers a database of sources for the creative professionals in the graphic arts and advertising industry which includes names, contact information of advertising agencies, design firms, corporate art departments, photographers, illustrators, support services and other relevant information ("Phonebook") via its website www.Workbook.com. Purchasers who purchase WORKBOOK PLUS are permitted to view the Phonebook online. Purchasers who purchase WORKBOOK PRO are permitted to download information from the Phonebook using the My Workbook tool or the Mailing List interface at workbook.com in accordance with the terms of this Agreement. The Workbook Phonebook Subscription Service may be interrupted from time to time in order to maintain, modify or enhance the website, the Phonebook or the Mailing List service. Scott, Butler, Scott assumes no responsibility for any interruption or delays in Purchasers ability to access to its services or the Mailing List.
Workbook.com, Workbook Plus, Workbook Pro, Workbook Phonebook are all trademarks of Scott, Butler, Scott, Inc. The Workbook.com site, the photographs, illustration, text, the Phonebook, the Mailing List and all software are protected by copyright, trademark, trade dress and other intellectual property laws and remain the exclusive property of Scott, Butler Scott, Inc. Users shall not use meta tags or any other "hidden text" utilizing Workbook's name. Other than as expressly licensed herein, Purchasers obtains no rights in and to the Phonebook, Mailing Lists or any copies, including all associated copyrights, trademarks, trade names, and other intellectual property rights.
You represent and warrant that all the information supplied during registration is truthful, complete and correct. Your username and password issued upon registration is personal to shall not be shared with, or transferred to, any other person or entity. Artist's representatives who subscribe may use the Phonebook or Mailing Lists to promote themselves and their artists but may not transfer or share their user name and password with the individual artists. Each artist who desires to access the Phonebook or Mailing List is required to purchase the Mailing List separately or purchase a separate subscription.
In consideration of the Purchase Price, Purchasers of an Instant List or Custom List is granted a personal, non-transferable right to search and view the Mailing List, make selections and download and print the mailing labels one time during a one year period for purposes of self promotion and marketing pursuant to the terms of this Agreement.
In consideration for the annual subscription fee, Purchaser of Workbook Plus is granted the personal, non-transferable, non-exclusive right for a one-year period to search and view the Phonebook on-screen for purposes of self promotion and marketing pursuant to the terms of this Agreement.
In consideration for the annual subscription fee, Purchaser of Workbook Pro is granted the personal, non-transferable, non-exclusive right to view and download the data from the Phonebook or Mailing List for a one year period for purposes of self promotion and marketing pursuant to the terms of this Agreement. Purchaser may use the Phonebook and Mailing List in whole or in part an unlimited number of times during the Term.
Purchaser shall not access the Phonebook or Mailing List from more than one computer at the same time using the same username and password.
7.1 Purchaser shall not sell, rent, lend, sub-license, provide access or otherwise transfer the Phonebook or Mailing List, or the underlying data, in whole or in part, to any third-party without prior written permission from Scott, Butler, Scott. The Workbook Mailing Lists and Phonebook data contains "seeds" to detect unauthorized use and violators will be prosecuted to the full extent of the law.
7.2 Scott, Butler, Scott grants a Mailing List or Workbook Pro Purchaser the right to transfer data from a Mailing List to a contracted third party solely to provide mail fulfillment, marketing or e-mailing services on their behalf. The third party shall not retain the Mailing List or data for any period longer than necessary to fulfill its contractual obligation with Purchaser and may not use the Mailing List, in whole or in part for the benefit of any party other than the Purchaser. The Purchaser remains personally liable for any misuse of the Mailing List or data by any third party with whom Purchaser contracts with.
Purchaser shall not use the Mailing Lists or any of the content of the Website for any unlawful purpose. Purchasers shall not violate the Federal CAN-SPAM act of 2003 and shall adhere to laws and regulations governing e-mail promotions. In general the act prohibits false or misleading header information and deceptive subject lines. It requires that your e-mail give recipients an opt-out method and that commercial e-mail be identified as an advertisement and includes the sender's valid physical postal address. You should seek professional advice and to find out more details see www.spamlaws.com/federal/can-spam.shtml
The Term of the Agreement is for one year from the date of activation. There are no refunds of the Purchase Price or the Subscription Fee once the order or subscription has been activated, even if the order or subscription is cancelled or terminated by Scott, Butler, Scott.
Scott, Butler, Scott reserves the right to cancel this Agreement without written notice if the Purchaser fails to pay any amount due under this Agreement, violates the terms of this Agreement or if the Purchaser becomes insolvent or bankrupt. The Workbook reserves the right to cancel Purchaser's access to the Mailing Lists if Purchaser's promotions using the Mailing List fail to meet Scott, Butler, Scott's professional standards.
On termination of this Agreement for any reason Purchaser shall promptly delete or destroy any electronic copies made of the Phonebook data or Mailing List, any printed version or related materials obtained pursuant to this Agreement. Upon Scott, Butler. Scott's request, Purchaser shall certify in writing its compliance with this provision. Termination of this Agreement shall not relieve Purchaser from any payment obligations that may have arisen prior to such termination.
User agrees to pay the full purchase price or subscription rate as published on the Workbook.com Web site, and use the payment method specified on the Web site. Purchaser shall pay all costs incurred by Scott, Butler, Scott in collecting any unpaid or past due amount, including, banking charges, collection charges, interest, and legal fees.
Although each listing in the Phonebook and Mailing List has been updated by phone or e-mail, the Scott, Butler, Scott is not responsible in any way for misspellings, omissions, incorrect phone numbers, addresses, URL, e-mail or professional placement. Scott, Butler, Scott uses reasonable efforts to ensure the accuracy, correctness and reliability of the Phonebook and Mailing List, makes no representations or warranties as to the Phonebook or Mailing List's accuracy, correctness or reliability. With respect to print mailings solely, Scott, Butler, Scott offers a limited guarantee that the Mailing Lists are accurate. For any mail returned marked "Not Deliverable as Addressed" and returned to Scott, Butler, Scott within 60 days of the original Mailing List purchase or receipt of a data update, Scott, Butler, Scott will credit the cost of postage plus the cost of the contact information. Due to the complexities of e-mail marketing, this limited guarantee does not apply to e-mail marketing delivery failures.
THIS WEB SITE, ITS CONTENT AND THE PHONEBOOK AND MAILING LIST ARE PROVIDED "AS IS" AND SCOTT, BUTLER, SCOTT EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE. SCOTT, BUTLER,SCOTT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, ITS SERVICES, THE PHONEBOOK OR THE MAILING LIST, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEB SITE, THE PHONEBOOK AND MAILING LIST ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT SCOTT, BUTLER,SCOTT , ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEB SITE, ITS CONTENTS OR THE PHONEBOOK OR THE MAILING LIST. EXCEPT AS SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS OF USE OR ELSEWHERE ON THIS WEB SITE, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER SCOTT, BUTLER,SCOTT NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR CONTRACTORS WILL BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF THIS WEB SITE,THE CONTENT ON THIS WEBSITE, OR THE MAILING LIST WHETHER OR NOT WE HAVE BEEN ADVISED. States and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
There may be links to other Web sites from the workbook.com Web site; however, these other Web sites are not controlled by Scott, Butler, Scott and we are not responsible for any content contained on any such Web site or any loss suffered by you in relation to your use of such Web sites. Purchaser waives any and all claims against Scott, Butler, Scott regarding the inclusion of links to outside Web sites or Purchaser's use of those Web sites.
Purchaser shall to indemnify and hold Scott, Butler, Scott, Inc., its officers, directors, owners, agents and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Phonebook or the Mailing List, the violation of the Agreement, the infringement by Purchaser, or other user of the Phonebook or Mailing List using Purchaser's computer, of any intellectual property or other right of any person or entity.
This Agreement shall be interpreted, construed and governed by the laws of the State of California, USA. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of California, Los Angeles County or the Federal District Courts in that district (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Scott, Butler, Scott shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Scott, Butler, Scott such action is necessary or desirable.
No action of Scott, Butler, Scott other than an express written waiver or amendment, may be construed as a waiver or amendment of any term contained in this Agreement. Should any clause of this Agreement be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.
Rev. 112606
( top of page )
