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Terms of Service:
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Terms of Service PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE PRX BUILDER WEBSITE (THE “SITE”). USE OF THE SITE SIGNIFIES YOUR AGREEMENT TO THESE TERMS OF SERVICE. The Site is owned by Whitley Media (“Company”). Company may, at its discretion, change, modify, add, or remove portions of these Terms of Service. Please check these Terms of Service periodically for changes. Your continued use of the Site after the posting of changes constitutes your acceptance of those changes. Registered Users You must sign up as a Registered User of the Site in order to use the PRX Builder software program (the “Program”). When you sign up as a Registered User, you must provide your email address. You are responsible for maintaining the accuracy of this information. You must be over the age of 13 in order to become a Registered User. Once you become a Registered User, you may use the Program to create press releases and other promotional materials (collectively, “Announcements”). You are solely responsible for the accuracy of all Announcements. Announcements By creating any Announcement, you represent and warrant to Company that a) No Announcement will contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person; b) You have the right to create Announcements; c) You will comply with all applicable laws, rules and regulations in the distribution of Announcements, including but not limited to the Children’s Online Privacy Protection Act of 1998 and laws relating to spam; d) You will not load any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys or inhibits the operation of, or infiltrates, computer systems into the Program or any Announcements; e) You are over the age of 13. Company is not responsible for the content of any Announcements. Company reserves the right, but is not obligated, to reject or edit copy or other information when necessary in its judgment, provided that no material substantive edits will be made to any Announcements without your consent. You hereby grant to Company a royalty-free, perpetual, irrevocable, nonexclusive license to publicly display, publicly perform, reproduce, distribute, and archive all Announcements. Indemnity You agree to indemnify, defend, and hold harmless Company, its affiliates and agents, and those licensed or otherwise authorized by Company to process, transmit or distribute Announcements from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney’s fees) arising out of or relating to your use of the Site, the Program, or Announcements, or your breach of these Terms of Service. Company’s Rights Company owns all copyrights, trademarks, and other intellectual property and proprietary rights of the Site and the Program. You may not use the Site or the Program except as expressly authorized in these Terms of Service. You are not authorized to any of Company’s trademarks. You may not modify, resell, redistribute, reverse engineer or otherwise manipulate the Program. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or the Program (or any part thereof) with or without notice. You agree that Company is not liable to you or to any third party for any modification, suspension or discontinuance of the Program. You agree that Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Program or the Site, Links to Third Party Websites Company or third parties may provide, through the Site, links to other World Wide Web sites or Internet resources. Your use of other sites or resources are governed by terms on or related to such sites or resources. Use of such sites or resources is at your own risk. Because Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Company is not responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such site or resource. Disclaimer of Warranty WHITLEY MEDIA (AND ITS AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, AND LICENSORS) MAKES NO GUARANTEE THAT THE SITE OR THE PROGRAM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. THE SITE AND THE PROGRAM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRIGNEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability IN NO EVENT WILL WHITLEY MEDIA, OR ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE PROGRAM, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFIT OR REVENUE OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE PROGRAM. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION REGARDLESS OF WHETHER WHITLEY MEDIA HAD NOTICE OF THE CAUSE OR SUCH CAUSE WAS FORESEEABLE. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. General These Terms of Service are governed and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. Any dispute related in any way to these Terms of Service will be adjudicated in a court of competent jurisdiction in the County of Alameda. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unenforceable, the remaining provisions will continue in full force without being invalidated in any way. You must abide by the Site’s Privacy Policy. If you have any questions regarding these Terms of Service or if you wish to request any information from Whitley Media, please contact Whitley Media at the following email address: support [at] whitleymedia.com
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Terms of Service
above and the
Privacy Policy
.
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