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PublicityFinder.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 to communicate with paid ("Subscribers"). If you wish to be Registered and communicate with Subscribers 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 Registration 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: customercare@PublicityFinder.com, Subject: Terms of Use Agreement. 1. Eligibility. You must be eighteen or over to register on PublicityFinder.com or use the Website. Registration 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 Registered. You may terminate your Registration at any time, for any reason by following the instructions on the Resign pages in Account Settings, or upon receipt by PublicityFinder.com of your written or email notice of termination. PublicityFinder.com may terminate your Registration for any reason, effective upon sending notice to you at the email address you provide in your application for Registration, or such other email address as you may later provide to PublicityFinder.com. If PublicityFinder.com terminates your Registration in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after Registration 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 Registered users. The Website is for the use of individual/corporate/organizational Subscribers only and Registered members of the news media 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. Proprietary Rights in Content on PublicityFinder.com. 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. 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 Registration 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. c. You must use the Service in a manner consistent with any and all applicable laws and regulations. d. You may not engage in advertising to, or solicitation of, 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 or Registered members of the media off the Website, it is also a violation of these rules to use any information 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. In order to protect our Subscribers from such advertising or solicitation, PublicityFinder.com reserves the right to restrict the number of emails which a Registered Member may send to Subscribers in any 24-hour period to a number which PublicityFinder.com deems appropriate in its sole discretion. 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. Disputes. You are solely responsible for your interactions with PublicityFinder.com Subscribers. PublicityFinder.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Subscribers. 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 Registered members of the news media, 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. 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. 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 Registered member 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.
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