PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE ("Terms of Service") FOR THE LOBBYMATIC PRODUCT WEBSITE ("THIS SITE") BEFORE USING THIS SITE. BY CONTINUING TO ACCESS OR USE THIS SITE, OR ANY SERVICE ON THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF SERVICE.
LobbyMatic is furnished by LobbyMatic, Inc., and these Terms of Service shall be deemed entered into between You and the entity listed on the Order Form (as defined below) authorizing your access. If at any time You do not wish to accept the Terms of Service, You may not access or use this Site. Any terms and conditions proposed by You which are in addition to or which conflict with the Terms of Service are expressly rejected by LobbyMatic, Inc. and shall be of no force or effect.
A. General Terms
1. License
LobbyMatic, Inc. grants to Customer a non-exclusive, non-transferable, limited right to access and use one or more LobbyMatic products (“Product(s)”) described in the applicable LobbyMatic order form(s) (“Order Form(s)”), the terms of which are incorporated herein. Customer agrees to and shall comply with, and shall ensure that Users (as defined below) agree to and comply with, the terms of this Agreement and any other applicable terms and conditions governing website access set forth on and referenced as part of the Terms of Service designated by LobbyMatic, Inc. from time to time, as posted on a Product’s webpage. Customer’s execution of an Order Form or use of the Products constitutes acceptance of all terms and conditions contained herein. Customer agrees to keep the terms of this Agreement and any related Order Form confidential and agrees to not disclose, either directly or indirectly, such terms.
2. Authorized Users
Electronic Products may be accessed and used only by individuals authorized by LobbyMatic, Inc. (“User(s)”). Users must be (a) Customer’s employees, or (b) temporary staff or contractors under Customer’s direct control, limited to the period of engagement and for the sole purpose of providing services to Customer (“Contractor(s)”). Access and use by any other third party is not permitted. Customer will provide to LobbyMatic, Inc., upon request, the names and business addresses of each User.
3. Fees and Payment
LobbyMatic, Inc. will send all Customer invoices to a single designated billing address. Product fees do not include applicable taxes, which will be set forth on the invoice. Unless Customer provides LobbyMatic, Inc. with a valid signed tax exemption certificate applicable to the Product’s ship-to locations, Customer agrees to pay sales and other applicable taxes (excluding taxes based on LobbyMatic, Inc.'s income). Payment is due upon Customer’s receipt of an invoice. After thirty (30) days, LobbyMatic, Inc. may assess interest on all outstanding balances at a rate of 1% per month or the highest lawful interest rate, whichever is less. LobbyMatic, Inc. reserves the right to revise fees for each Product at the end of its Product Subscription Term (as defined below) and will use reasonable efforts to notify Customer prior to such date, provided that notification by email shall be sufficient. Without limiting LobbyMatic, Inc.’s termination rights, LobbyMatic Inc. reserves the right to immediately terminate Customer’s access to the Products, without further notice, if LobbyMatic, Inc. does not receive payment within sixty (60) days after the invoice date. Customer is responsible for purchasing any equipment, software, communications and access through third party online vendors that may be necessary to access and use the Products.
4. Copyright
Each Product contains proprietary content and/or software protected by copyright and other similar laws. LobbyMatic, Inc. and its licensors retain all rights in the Products, including (without limitation) all copyright and other proprietary rights worldwide in all media.
5. Permitted Uses
Users may access and use the Products (and the content contained therein) solely for their own internal business purposes, except as otherwise expressly permitted herein. Users shall not share User names and/or passwords. Customer agrees to notify LobbyMatic, Inc. promptly in writing (email sufficing) of any known or suspected unauthorized use of the Products or any known or suspected breach of security, including but not limited to, loss, theft, or unauthorized disclosure of User names and passwords. Subject to paragraph 6, in their ordinary course of supporting Customer’s primary business, Users may distribute a limited amount of content from the Products to non-authorized users, including in their reports or briefs. As used herein, a “limited amount” shall mean a de minimis amount and/or type of content, in quantity, frequency of distribution and/or scope of distribution, as determined in LobbyMatic, Inc.’s sole judgment.
6. Restrictions
In no event may Customer or a User download, copy or distribute any Product in its entirety or substantial portions thereof, or systematically, routinely or regularly, download, copy and/or distribute copies of individual articles, LobbyMatic Highlights, table of contents, indexes, search/alert results, or other LobbyMatic newsletters or other content, even if Customer holds a copyright license with a third party licensing service (e.g., Copyright Clearance Center). Except as otherwise expressly permitted herein, Customer and Users may not reproduce, create derivative works from, perform, publish, transmit, distribute, sell (or participate in any sale), or otherwise access, use, or exploit any content and/or material retrieved from or contained in the Products in any manner whatsoever; store any content and/or materials from the Products in any information storage and retrieval system (except for a back-up system in which content or materials from the Products are accessible only by Users or Customer’s IT personnel); distribute the content and/or materials contained in the Products to any person who is not duly authorized to use or receive the Products; distribute, rent, sublicense, lease, transfer or assign the Products or this Agreement; decompile, disassemble, or otherwise reverse-engineer the Products, or alter, translate, modify, or adapt the Products to create derivative works; make use of “framing” or other means of redirecting content; place or install any portion of the Products on any electronic media, including, but not limited to, local or wide area networks or intranets, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, Web sites, or any other server that is Internet-enabled. Notwithstanding anything to the contrary in this Agreement, Customer and Users (a) may not use or distribute, and may not permit any third party to use or distribute, the Products, content and/or materials in any manner that could, in LobbyMatic, Inc.’s good faith judgment, cause the Products, content and/or materials so used to (i) be a substitute for, or affect LobbyMatic, Inc.’s or its affiliates ability to realize revenue in connection with, the Products, content and/or materials or (ii) compete with the business of LobbyMatic, Inc. or its affiliates and (b) agree to comply with all requirements of third-party data providers with respect to the content and materials sourced by all such third parties. LobbyMatic, Inc. reserves the right periodically to audit and monitor (physically or electronically) the use of the Products to ensure compliance with the terms herein and to maintain and improve the provision of the Products. Notwithstanding anything to the contrary in this Agreement, if LobbyMatic, Inc. believes, in its sole good faith judgment, that any provision of this Agreement has been breached by Customer or a User, LobbyMatic, Inc. reserves the right to suspend access to and use of the Products, or any portion thereof, at any time without notice effective immediately.
7. Disclaimer of Professional Advice
The information provided through the Products is not and shall not be construed as tax, accounting, legal, regulatory or other professional advice or sufficient to satisfy any tax, accounting, legal, regulatory or other professional requirements. Customer and/or each User should consult tax, accounting, legal, regulatory or other professional advisor(s) for advice. None of the Products nor any related services or any portion thereof shall constitute or be construed as (a) a solicitation, offer, opinion or recommendation by LobbyMatic, Inc., its affiliates or any supplier, for any transaction in any financial instrument, including but not limited to securities or (b) forming an attorney-client relationship.
8. Representations; Limited Warranty
8.1. Customer represents and warrants that its use of the Products shall comply with all applicable laws, rules and regulations.
8.2. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, ALL PRODUCTS ARE PROVIDED TO CUSTOMER “AS IS.” LOBBYMATIC, INC. AND ITS AFFILIATES AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RELATING IN ANY WAY TO THE USE OF THE PRODUCTS AND ANY CONTENT CONTAINED THEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER SHALL INDEMNIFY, HOLD HARMLESS AND AT CUSTOMER’S EXPENSE DEFEND LOBBYMATIC, INC. AND ITS AFFILIATES AND THEIR SUPPLIERS AGAINST ANY AND ALL LOSSES, CLAIMS, DEMANDS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE PRODUCTS OR ANY CONTENT CONTAINED THEREIN.
8.3. Notwithstanding any limitations contained in paragraph 9, LobbyMatic, Inc. shall indemnify and hold Customer harmless and shall defend or settle any claim, suit or proceeding brought against Customer that is based upon a third-party claim that the content provided by LobbyMatic, Inc. infringes a United States copyright or violates an intellectual or proprietary right protected by United States law (“Claim”), provided that (a) Customer shall notify LobbyMatic, Inc. in writing of any Claim promptly, but in no event later than ten (10) calendar days after Customer first receives notice of the Claim, (b) LobbyMatic, Inc. shall have sole control over any Claim (including without limitation the selection of counsel and the right to settle on behalf of Customer on any terms LobbyMatic, Inc. deems desirable in the sole exercise of its discretion) and (c) Customer shall provide to LobbyMatic, Inc. such assistance and cooperation as LobbyMatic, Inc. may reasonably request from time to time in connection with the defense of the Claim. Customer may, at its sole cost, retain separate counsel and participate in the defense or settlement negotiations. LobbyMatic, Inc. shall pay actual damages and costs awarded against Customer (or payable by Customer pursuant to a settlement agreement) in connection with a Claim. If a Product or its use becomes the subject of a Claim or its use is enjoined, or if, in the opinion of LobbyMatic, Inc.’s legal counsel, the Product is likely to become the subject of a Claim, LobbyMatic, Inc. shall attempt to resolve the Claim by using commercially reasonable efforts to modify the Product or obtain a license to continue using the Product. If, in the opinion of LobbyMatic, Inc.’s legal counsel, the Claim, injunction, or potential Claim cannot be resolved through reasonable modification or licensing, LobbyMatic, Inc., at its own election, may terminate the Agreement, in whole or in part, the applicable Order Form and/or the applicable Product Subscription without penalty, and will refund to Customer the pro-rata portion of any fees for the infringing Product paid in advance by Customer to LobbyMatic, Inc. and attributable to any post-termination period. LobbyMatic, Inc. shall have no obligations under this paragraph if the Claim is based on (i) additions, changes or modifications to the Product, (ii) a combination of material, content, products or software not provided by LobbyMatic, Inc. or (iii) use of the Product other than as expressly permitted by this Agreement. THE FOREGOING CONSTITUTES LOBBYMATIC, INC.’S SOLE AND EXCLUSIVE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT.
8.4. Customer acknowledges that the Products (and the content contained therein) are highly proprietary in nature and agrees that unauthorized copying, transfer or use may cause LobbyMatic, Inc., its affiliates and their suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. Customer agrees that LobbyMatic, Inc. and its affiliates may enforce any breach of this Agreement by Customer or any User by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.
9. Limitation of Liability
IN NO EVENT SHALL LOBBYMATIC, INC., ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES (“LOBBYMATIC, INC. ENTITIES”) HAVE ANY RESPONSIBILITY OR LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INJURY OR DAMAGES AND/OR BE LIABLE TO CUSTOMER, ANY USER, OR ANY OTHER PERSON FOR ANY LOST PROFITS, LOSSES, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY RELATING TO THE USE OF THE PRODUCTS OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF CUSTOMER, USER, OR OTHER PERSON HAS BEEN NOTIFIED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER OR ITS RESPECTIVE USERS. LOBBYMATIC, INC. ENTITIES’ LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO CUSTOMER, ANY USER, OR ANY OTHER PERSON SHALL IN ANY EVENT NOT EXCEED THE AMOUNT OF THE FEES FOR THE APPLICABLE PRODUCT SUBSCRIPTION PAID BY CUSTOMER FOR THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE ALLEGED INJURY OR DAMAGE. IN NO EVENT MAY CUSTOMER OR ANY USER BRING ANY CLAIM OR CAUSE OF ACTION AGAINST THE LOBBYMATIC, INC. ENTITIES MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
10. Term and Termination
This Agreement shall remain in effect during the applicable term(s) of the Order Form, which except as otherwise set forth within such Order Form, shall each be one year and shall automatically renew for successive one-year periods, unless either party elects not to renew by giving the other party not less than 30 days’ prior written notice (the “Term”), unless earlier terminated in accordance with the terms herein. LobbyMatic, Inc. may terminate this Agreement, an Order Form, and/or the applicable Product Subscription upon written notice to Customer if Customer materially breaches any provision of this Agreement, or otherwise upon 30 days written notice. Either party may terminate this Agreement if the other party has any proceedings instituted by or against it seeking relief, reorganization or arrangement under any laws relating to insolvency, or any assignment for the benefit of creditors, or the appointment of a receiver, liquidator or trustee of any of its property or assets, or the liquidation, dissolution or winding up of its business. The Order Forms shall terminate upon the termination of this Agreement, but the termination of any Order Form shall not itself terminate this Agreement. All obligations with respect to any money that was accrued and owing prior to the effective date of any termination under this Agreement shall survive termination, provided that in the event LobbyMatic, Inc. terminates this Agreement or an Order Form for Customer’s material breach, including but not limited to non-payment, Customer shall owe the remainder of the charges that would otherwise have been payable relating to the balance of the applicable term. Paragraphs 4, 6, 7, 8, 9, 10, 13 and 14 shall survive any termination of this Agreement and shall continue in full force and effect.
11. Discontinuation of Product
In the event LobbyMatic, Inc. discontinues a Product, LobbyMatic, Inc. will use commercially reasonable efforts to offer a comparable LobbyMatic, Inc. product to Customer. If no product is available, or if Customer does not accept the offered product, at Customer’s option and its sole remedy, LobbyMatic, Inc. will provide either a pro rata credit or a refund of the unused portion of fees paid for the discontinued Product. LobbyMatic, Inc. reserves the right to revise or discontinue certain Product features or content. In such case, LobbyMatic, Inc. will use reasonable efforts to notify Customer to the extent LobbyMatic, Inc. believes, in its good faith discretion, that any such revision or discontinuance will have a material and adverse effect on Customer’s use of the Product.
12. Force Majeure
LobbyMatic, Inc. shall not be liable for failure to perform any part of this Agreement where such failure is due to fire, flood, power outages, strikes, war (declared or undeclared), acts of terror, embargoes, blockages, legal restrictions, governmental regulations or orders, riots, insurrections, Act of God, or any cause beyond the control of LobbyMatic, Inc.. In such event, LobbyMatic, Inc. shall use reasonable efforts to resume performance. This Agreement shall not be regarded as terminated or frustrated as a result of such failure of performance not exceeding one (1) month and the parties shall proceed under this Agreement when the causes of such non-performance have ceased or have been eliminated.
13. Notices
Notices of Customer’s intention not to renew an Order Form and/or the Agreement pursuant to the terms herein shall be made by email to: salessupport@lobbymatic.com. All other notices under this Agreement shall be made in writing; sent via certified mail, return receipt requested, or a nationally recognized overnight courier service; effective upon receipt at the address stated below; and addressed as follows: If to LobbyMatic, Inc., to General Counsel, 1425 K St NW Suite 350 Washington DC 20005. All notices to Customer shall be sent to the designated billing contact and address.
14. Miscellaneous Provisions
14.1. No Waiver. Should LobbyMatic, Inc. or any Customer fail to exercise or enforce any provision of this Agreement or to waive any rights in respect thereto, such waiver or failure shall not be construed as constituting a continuing waiver or waiver of any other right.
14.2. Choice of Law.
This Agreement shall for all purposes be governed and construed in accordance with the law of the Commonwealth of Virginia without regard to its choice-of-law rules. The parties, and their successors and assigns, agree to submit to the jurisdiction of each of the federal and state courts located in Fairfax County, Virginia, in connection with any matters arising out of or relating to this Agreement, and waive any objection to such venue, including forum non conveniens, sovereign immunity, Act of State or analogous doctrines.
14.3. Entire Agreement.
Unless otherwise specified in the applicable Order Form, this Agreement, which may be amended by LobbyMatic, Inc. from time to time (such updated version being binding on Customer upon renewal of the applicable Order Form), constitutes the entire agreement between Customer and LobbyMatic, Inc., and supersedes all prior or contemporaneous writings, discussions, agreements, and understandings of any kind, with respect to the subject matter of this Agreement.
14.4. Severability. If any provision of this Agreement is held to be unenforceable, the parties shall renegotiate those provisions in good faith to be valid, enforceable substitute provisions, which provisions shall reflect as closely as possible the intent of the original provisions of this Agreement. If the parties fail to negotiate a substitute provision, this Agreement will continue in full force and effect without that provision and will be interpreted to reflect the original intent of the parties.
14.5. Third Party Beneficiaries.
All beneficial rights (other than the right to collect fees) granted to or reserved in this Agreement by LobbyMatic, Inc., including limited warranty, limitation of liability, remedies, indemnification, confidentiality, and ownership, shall accrue to and are for the benefit of licensors and suppliers to the same extent as LobbyMatic, Inc.. Except as expressly stated herein, nothing contained in this Agreement is intended to create third party beneficiaries thereof.
14.6. Each Party Acting Independently.
LobbyMatic, Inc. and Customer agree that each is acting independently of the other, that they are not joint venturers, and that neither is an agent, partner, or joint venturer of the other.
14.7. Amendment and Assignment.
Except as otherwise expressly set forth herein, neither this Agreement nor any Order Form shall be changed, modified or amended except by a writing signed by a duly authorized representative of LobbyMatic, Inc. and the Customer. Neither party may assign this Agreement or any rights or obligations created under this Agreement without the prior written consent of the other party, which consent will not be unreasonably withheld, except that LobbyMatic, Inc. may assign this Agreement without consent (i) to any subsidiary or affiliated company, (ii) to an entity succeeding to all or substantially all of its stock or assets, whether by merger or purchase, provided that such entity shall expressly assume all of LobbyMatic, Inc.’s obligations under the Agreement, or (iii) in the event LobbyMatic, Inc. sells or otherwise transfers a Product to a third party. Customer acknowledges and agrees that LobbyMatic, Inc. may delegate certain of its responsibilities, obligations and duties under or in connection with this Agreement to a third party or an affiliate of LobbyMatic, Inc., which may discharge those responsibilities, obligations and duties on behalf of LobbyMatic, Inc.. With respect to any such delegation, LobbyMatic, Inc. will be responsible and liable for any breach of this Agreement by the third party or affiliate if and to the same extent LobbyMatic, Inc. would be responsible and liable pursuant to this Agreement if it had committed such breach directly. Any unauthorized assignment or delegation will be null and void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties’ successors and assigns.
14.8. Government Customers.
U.S. Government rights to use, modify, reproduce, release, perform, display, or disclose technical data and/or computer databases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2) (June 2013) and/or subject to the restrictions of DFARS 227.7202-1(a) (Dec. 2013) and DFARS 227.7202-3(a) (Dec. 2013), as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (Dec. 2007) and/or subject to the restricted rights provisions of FAR 52.227-14 (Dec. 2007) and FAR 52.227-19 (Dec. 2007), as applicable, and any applicable agency FAR Supplements, for non-Department of Defense Federal procurements. Notwithstanding any marking requirements therein, all data and software provided hereunder shall be limited rights data and restricted rights software, respectively.
14.9. Headings and Cross-References.
The headings in this Agreement are for convenience of reference only and shall not limit or otherwise affect the scope, meaning or intent of the provisions of this Agreement.
B. Additional Terms relating to Certain Third-Party Data Sources.
Users’ use of content from third-party sources (e.g, Twitter, Youtube, Reddit) that appear within the Product(s), including but not limited to within the LobbyMatic News Feed is subject to the following additional terms:
1. Users shall not use, or facilitate or allow others to use, the LobbyMatic News Feed:
a) for any illegal or fraudulent activity;
b) to violate the rights of others, including without limitation to facilitate or promote copyright infringement or the exploitation of copyright-infringing materials;
c) to threaten, incite, promote, or actively encourage violence, terrorism, or other serious harm;
e) for any content or activity that promotes child sexual exploitation or abuse;
f) to violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device; or
g) to distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, or solicitations (or “spam”).
2. Users’ right to use content obtained from third-party providers (e.g., Twitter, YouTube, etc.) included in the LobbyMatic News Feed (the “Social Media Content”) shall be solely as set forth in the User’s applicable Terms of Service or Subscription Agreement, provided, however, that Users shall not:
a) use the Social Media Content for any illegal, unauthorized or other improper purposes, including without limitation to store or transmit infringing, libelous, or otherwise unlawful or tortious material, to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights;
b) use the Social Media Content to derive or obtain non-public information of individual social media platform users, including, without limitation, a user’s location;
c) use, or knowingly display, distribute, or otherwise make Social Media Content, or information derived from Social Media Content, available to any entity for the purpose of: (i) conducting or providing surveillance or gathering intelligence, including but not limited to investigating or tracking social media users or Social Media Content or to otherwise investigate, track, or surveil social media platform users or and of such user’s content, or obtain any information regarding social media platform users or such user’s content in any manner that would require a court order, subpoena, or other judicial or governmental directive; (ii) conducting or providing analysis or research for any unlawful or discriminatory purpose, or in a manner that would be inconsistent with social media users' reasonable expectations of privacy; (iii) monitoring sensitive events to track individuals (including but not limited to protests, rallies, or community organizing meetings); (iv) targeting, segmenting, or profiling individuals based on sensitive personal information, including their health (e.g., pregnancy), negative financial status or condition, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, sex life or sexual orientation, trade union membership, Social Media Content relating to any alleged or actual commission of a crime, or any other sensitive categories of personal information prohibited by law; (v) unlawful, illegal discriminatory, unauthorized, or otherwise improper purpose; (vi) deriving or obtaining non-public information of individual social media users, including without limitation, a user’s location; (vii) displaying, distributing, or otherwise making available any information or data which would be inconsistent with a social media user’s reasonable expectation of privacy; (viii) targeting social media users with advertising outside of the social media platform, including without limitation on other advertising networks, via data brokers, or through any other advertising or monetization services; (ix) any use, modification, derivative, reproduction, release, performance, display or disclosure of Social Media Content by any governmental law enforcement, intelligence or surveillance entity; (x) using the Social Media Content for the monitoring or measurement of aggregate availability, performance, functionality, usage statistics or results for any comparison benchmarking, site to site competitive purposes or any form of public announcement (including without limitation, the monitoring or measuring of a social media platform’s responsiveness or user metrics such as total number of active users, accounts); or (xi) with respect to audiovisual Social Media Content from YouTube, to, 1. download, import, backup, cache, or store copies of audiovisual content without YouTube's prior written approval, or 2. make audiovisual content available for offline playback.
C. Linking and Framing
You may not frame this Site. Upon linking to this Site pursuant to the Terms of Service, you will be granted a non-exclusive, non-transferable, royalty-free sublicense to use the LobbyMatic mark owned by LobbyMatic, Inc. or its affiliates solely for providing an underlined, textual link from your web site to the publicly accessible home page of this Site at www.lobbymatic.com, provided that, you do not link this Site to any web site containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. You may not link your web site to any other web pages of this Site and you may make no other use of the marks, names, or logos of LobbyMatic, Inc. or its affiliates without express written permission from LobbyMatic, Inc. or its affiliates. Any violation of this provision may, in LobbyMatic, Inc.'s or any of its affiliate's discretion, result in termination of your use of and access to this Site effective immediately.
D. Inquiries Regarding This Site's Content
For inquiries, you should contact LobbyMatic, Inc. via email at support@lobbymatic.com, or any operating agent or other party as specified by LobbyMatic, Inc.