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PPublicityFinder.com Terms of Use Agreement Welcome to PublicityFinder.com, a service which allows individuals, companies and organizations to post profiles which are made available to registered members of the news media, operated by Global Access Technologies, L.L.C. ("PublicityFinder.com"). By using the PublicityFinder.com website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a subscriber ("Subscriber"). If you wish to become a Subscriber and communicate with registered members of the media and make use of the PublicityFinder.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the registration process. This Agreement sets out the legally binding terms of your use of the Website and your Subscription in the Service and may be modified by PublicityFinder.com from time to time, such modifications to be effective upon posting by PublicityFinder.com on the Website. This Agreement includes PublicityFinder.com's Acceptable Use Policy for Content Posted on the Website, PublicityFinder.com's Privacy Policy, and any notices regarding the Website. You may also receive a copy of this Agreement by emailing us at: customerservice@PublicityFinder.com, Subject: Terms of Use Agreement. 1. Eligibility. You must be eighteen or over to register as a Subscriber of PublicityFinder.com or use the Website. Subscription in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. 2. Term. This Agreement will remain in full force and effect while you use the Website and/or are a Subscriber. You may terminate your Subscription at any time, for any reason by providing a written or email notice of termination to customer service but a refund of your subscription fee will only be honored if a cancellation notice is received within the first thirty days of the subscription period. PublicityFinder.com may terminate your Subscription for any reason, effective upon sending notice to you at the email address you provide in your application for Subscription, or such other email address as you may later provide to PublicityFinder.com. If PublicityFinder.com terminates your Subscription in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after Subscription is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 4, 5, 7 and 9-14 of this Agreement. 3. Non Commercial Use by Subscribers. The Website is for the use of individual/corporate/organizational Subscribers only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of Subscribers by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. 4. PublicityFinder.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of PublicityFinder.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. 5. Content Posted on the Site. a. You understand and agree that PublicityFinder.com may review and delete any content, messages, photos, logos or profiles (collectively, "Content") that in the sole judgment of PublicityFinder.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Subscribers. b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to members of the news media. c. By posting Content to any public area of PublicityFinder.com, you automatically grant, and you represent and warrant that you have the right to grant, to PublicityFinder.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content. d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. PublicityFinder.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the Subscription of such violators. It includes Content that: * Is patently offensive such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; * Harasses or advocates harassment of another person; * Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; * Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; * Promotes an illegal or unauthorized copy of another person’s copyrighted work. * Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); * Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; * Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; * Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and * Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes. e. You must use the Service in a manner consistent with any and all applicable laws and regulations. f. You may not engage in advertising to, or solicitation of, other Subscribers to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Subscribers. Although PublicityFinder.com cannot monitor the conduct of its Subscribers off the Website, it is also a violation of these rules to use anyinformation obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit consent. 6. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. 7. Subscriber Disputes. You are solely responsible for your interactions with other PublicityFinder.com Subscribers and registered Members of the news media. PublicityFinder.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Subscribers and registered Members of the news media. 8. Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy. 10. Disclaimers. PublicityFinder.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Subscribers or by any of the equipment or programming associated with or utilized in the Service. PublicityFinder.com is not responsible for the conduct, whether online or offline, of any user of the Website or Subscriber of the Service. PublicityFinder.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Subscriber communications. PublicityFinder.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Subscribers or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will PublicityFinder.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Subscribers, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and PublicityFinder.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PublicityFinder.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. No refunds will be granted for Subscription fees. 11. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will PublicityFinder.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if PublicityFinder.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, PublicityFinder.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to PublicityFinder.com for the Service during the term of Subscription. 12.U.S.Export Controls. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 13. Disputes. If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New Jersey, the County of Burlington. 14. Indemnity. You agree to indemnify and hold PublicityFinder.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. 15. Other. This Agreement, accepted upon use of the Website and further affirmed by becoming a Subscriber of the Service, contains the entire agreement between you and PublicityFinder.com regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Please contact us with any questions regarding this agreement. PublicityFinder.com is a trademark of Global Access Technologies, L.L.C. BY SELECTING “AGREE”, I AM ACKNOWLEDGING THAT I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I have read and fully AGREE DISAGREE to the terms of use.
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