Premium Press, Limited, by and through its subdivision, PremiumPress, hereinafter referred to as "Provider" is engaged in the business of providing website and software services to small, medium and large business, hereinafter referred to as "User". PremiumPress designs and develops quality, feature rich Premium website themes. Said themes and other Provider services may be accessed by User using various mediums. Provider makes no guarantees or promises User's medium will be conformed and able to access Provider's website and software services. Provider offers its Users a gateway, hereinafter referred to as "Service," to application specific tools and resources, including, but not limited to, user specific communication tools, search services, and personalized content.
TERMS OF SERVICE
User agrees that from time to time Provider may, without consultation, agreement, or consent from User, include in its service and materials items, including, but not limited to, advertisements, communications from Provider in the form service announcements, administrative messages, and newsletters; and that said items are incorporated herein as part of Users participation in this agreement and as part of this Agreement's Terms of Service, or "TOS". The Terms and Services shall govern the specific duties and responsibilities of User, Provider, and Service.
The Terms of Service shall be as follows:
ONE - INCLUSIONS
User understands and agrees Provider makes no promises or guarantees User will be able to access it products and services through User's choice of medium. Access to, and related costs of, connection services between User and Service. Access to Service shall be the sole and exclusive obligation of User. Such services include, but are not limited to, Internet connection fees, Internet plan participation fees, taxes, and airtime charges. User further agrees any and all costs of equipment User will need to access Service shall be User's full and exclusive responsibility, holding Provider harmless and indemnifying Provider from any costs incurred by User in his attempts to secure and maintain access to Service.
TWO - REGISTRATION
User agrees he is of legal age in his local jurisdiction and is otherwise not prohibited by law from entering into this Agreement and to be bound by its Terms of Service, including the consequences of Users breach of any of the terms in the Agreement and its Terms of Service. Provider will make available to User a Registration Form. User agrees to complete said form truthfully and accurately and from time to time when necessary update and keep current all User's information. Failure to comply with these requirements shall subject User to termination of this Agreement at the discretion of Provider. If terminated User agrees to hold Provider and Service harmless and to fully indemnify each of them from any 3rd party lawsuits, contest, or arbitration proceedings and their results.
THREE - PRIVACY OF INFORMATION
FOUR - MEMBER ACCOUNT ACCESS INFORMATION
Upon completion of the registration process a customer account will be created for User. User's customer account will contain such information as is necessary to create a profile of User's username, password, and other secure information with which User shall use to access Service. User agrees to be responsible for his care and confidentiality of said information, and shall hold Service harmless form any losses User might incur as a result of User's security breach. In the case of User's discovery of an illegal access to, or breach of his security information by a 3rd unauthorized party User shall immediately, or as soon as is reasonably possible contact Provider and Service and report the details of such breach. Additionally in the case of said breach of security User shall fully exit from his account at the expiration of each session with Service.
FIVE - 3RD PARTY INDEMINIFCATION
User understands and agrees although Service will afford User access to certain materials intended to meet User's specific requirements, all information, of any type, including, but not limited to, tags, messages, videos, graphics, photographs, sound, music, software, text, data, are solely within the purview and responsibility of User and the person or entity, hereinafter referred to as "Supplier" from which User subscribed or gathered said material. User further understands and agrees Provider and Service shall not be responsible for the material User receives, or attempts to receive from Supplier. User holds harmless and indemnifies Provider and Service from any breach of local jurisdictional laws, litigation, and any other costs incurred or to be incurred by User as result of the transmission or transmissions from Service, whether said transmissions are via local, national, state or federal mail delivery systems, posting, email, and all other vehicles of transmission of information between Service and User. User also holds harmless and indemnifies Provider and Service from computer generated viruses, offensive or salacious material, which by its nature is intended to be prurient, offensive, indecent, or objectionable.
SIX - PROHIBITED USES
User understands there exist local, county, state, national and federal laws and regulations governing and prohibiting the transfer and dissemination of information generated over various mediums. User agrees the following actions are strictly prohibited and that participating, whether directly, or indirectly in any of said actions will be grounds for immediate termination of this Agreement.
User is prohibited from using Service to:
- Engage in the uploading, mailing, posting, emailing or any other action which ultimately makes available content which is unlawful, harassing, threatening, abusive, hurtful, mean, slanderous, libelous, tortuous, vulgar, obscene, prurient, hateful, racially, sexually, ethnically or otherwise inappropriate or objectionable.
- Engage in the uploading, mailing, posting, emailing or any other action which ultimately makes available content which may infringe on any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any person or entity.
- Promote or suggest harm to minors
- Engage in the impersonation of a person or entity and identifying themselves as an employee, agent, family member, or associate of Provider, whether using the name PremiumPress or any other name intended to confuse or convince the public of User's legal association with Provider.
- Such impersonations, including, but not limited to the following, are prohibited:
- (i) PremiumPress Official
- (ii) Forum Leader
- (iii) Guide
- (iv) Host
- (v) Associate of an affiliated entity which presumes to have authority of any kind
- Associate of an affiliated entity which presumes to have authority of any kind
- State, Federal, National, International, or local Law Enforcement Agency
- Alter, modify, edit, manipulate identifiers, or to forger headers in an effort to confuse, mislead, disguise, or alter the original content transmitted from Service
- Engage in the uploading, mailing, posting, emailing or any other action which ultimately makes available any unsolicited or unauthorized advertising promotional materials except in those areas specifically designated for such purpose.
- Engage in the uploading, mailing, posting, emailing of any junk mail, spam, chain letters, pyramid schemes or proposals, ponzi schemes, and similar material which is inappropriate and which might in any manner be violative of the law
- Engage in the uploading, mailing, posting, or emailing of any material of any nature which can, or has a remote possibility of containing known or unknown viruses, software contaminates, inappropriate computer code, files or other programs which by their very nature are intended to interrupt, illegally modify, augment, destroy or diminish the functionality of any computer software or hardware or telecommunications equipment.
- Engage in the disruption of the normal flow of dialogue with inappropriate scrolling which poses an unreasonable burden on other subscribers and users of the Service and which inhibits others from engaging in real time exchanges of information and material.
- Engage in actions which may result in disruption of Service and other servers or networks which are normally associated with Service and its transmission of information to others.
- Engage in disobedience of laws, regulations, requirements, procedures, policies of other networks associated with Service.
- Engage in action which intentionally or unintentionally violate any state, federal, national or international laws, including, but not limited to the U.S. Securities and Exchange Commission, rules of all national or other securities exchange, without limitation, the New York Stock Exchange, the American Stock Exchange
- Engage in criminal acts, including, but not limited to, stalking, email harassment, terroristic threats, illegal posting of hateful, libelous, or slanderous statements.
- Engage in the storage of the personal data of others, whether participants in the Service or not.
- Engage in the reproduction, publication, distribution, or public exhibition of the materials without the express consent or authorization of Service or Provider.
SEVEN - INTERCEPTION OF CONTENT
From time to time Provider may choose to intercept content from Service. When doing so Provider reserves as its sole and exclusive right the power and authority to limit, refuse, delete, modify, eliminate, or alter content from Service which Provider in its sole discretion deems to be objectionable, whether as a result of illegality, obscenity, plagiarism, or violation of law. Provider shall not be obligated to consult with, or gain the approval or consent of User before taking such action. Provider's actions herein shall not be deemed a violation of this Agreement.
EIGHT - RELIANCE BY USER
User shall have the responsibility to evaluate content obtained or to be obtained from Service. User acknowledges Provider has no responsibility, and as a result, no liability for the accuracy or inaccuracy, completeness, authorship, capacity, applicability or usefulness of content from Service. Therein User holds harmless and indemnifies Provider from any and all liability resulting from the dissemination of content from Service. Such indemnification includes, but is not limited to information and material contained in message boards, intra-company postings, or other mediums used as a conduit of information from Service.
NINE - PROVIDER'S DISCLOURE TO 3RD PARTIES
User agrees with and acknowledges Provider's right to disclose to 3rd parties User's account content and profile information under the following circumstances.
- When required by lawful Court Order, subpoena, operation of law, or other legally binding requirement to disclose or tender.
- When doing so in good faith under threat of destruction or deletion of content.
- When defending itself from previously unforeseen claims of violation of the rights of 3rd parties.
- When User contacts Provider's Customer Service division.
- When necessary to protect the personal safety and welfare, of PreiumPress, Premium Press, LTD., its employees, agents, servants, principals, associates, family members, affiliates, or the general public.
- If it becomes necessary for Provider to disclose to third parties information under the circumstances set forth and incorporated herein User agrees to hold harmless and indemnify Provider from any resulting liability, including liability stemming from 3rd party intervention.
TEN - TAMPERING
User acknowledges the existence of security components of various types embedded in, and as part of the transmission processes involving one or more connecting networks or services. User acknowledges the rights of 3rd parties to embed and rely upon said security proprietary components in the protection of digital materials and in the legitimate transmission and receipt of information from users, providers, and said 3rd parties. User agrees not to attempt nor cause another to interfere, override, infiltrate, disguise, modify, alienate, or circumvent said proprietary security components.
ELEVEN - ACKNOWLEDGEMENT OF INTRASTATE AND INTERSTATE TRANSMISSIONS
User acknowledges upon registration with Provider User will gain indirect access to Provider's computer networking systems. User understands and acknowledges Provider's networks are located in the United States and abroad. Transmissions of information or materials User may believe to be solely intrastate may in fact be interstate. As a result it is probable User's transmissions will travel electronically over state, local, and international boundaries.
User acknowledges the illegal use or transmission of information or material is subject to U.S. Federal and International law, and that the promulgation and dissemination of information and materials in contravention of U.S. Federal and International law may subject User to lengthy imprisonment and substantial fines. In the event User, while accessing Service through Provider commits a violation of any local, state, county, parish, federal or international law, User agrees to hold Provider harmless and to indemnify Provider from any liability resulting from said violation or violations of the law.
User agrees Provider will have no responsibility, other than through the information contained herein, to notify User when User's transmissions become interstate. User further agrees the arrest or indictment of User for illegal acts or transmissions will immediately void this Agreement.
By acknowledging that which has been set out in Paragraph Nine (9) herein, User agrees to remain in compliance with local, county, parish, state federal or international laws, rules and regulations, and understands the consequences for non-compliance.
THIRTEEN - USER RELEASE OF CONTENT
Provider makes no claims of ownership to content submitted by User to Service. User agrees that information or material User makes available as "Publically Accessible" may be co-opted by Provider and its affiliate companies for their use and distribution. Said co-option of said information or material shall be without requirement or necessity of payment to User of royalty fees or remuneration of any kind. Therein User grants non-exclusive rights under the following conditions:
User grants to Provider a license to use, distribute, reproduce, modify, adapt, publically perform or display photographs, graphics, audio or video which User makes available in publicly accessible areas of Service. User grants to Provider said license during the time User decides to include such content within the Service. Said license shall be deemed rescinded by User at the time such content discontinues to appear within the Service.
User grants to Provider a perpetual, irrevocable, and fully re-licensable and sub-licensable authority to use, distribute, reproduce, modify, adapt, publish, translate, publically perform, and publically display information and material in whole or in part of a nature different from User's photographs, graphics, audio or video. User grants to Provider the irrevocable authority to incorporate said information and materials into formats or mediums chosen by Provider and which may be developed now or in the future.
"Publically Accessible" shall be defined as those areas of Service which have at all times been intended for public consumption.
FOURTEEN - INDEMNIFICATION
At all times herein User agrees to hold harmless and indemnify Provider, its agents, servants, employees, family members, affiliates, partners and licensors from any claims or demands, including reasonable attorneys' fees and court costs, from any 3rd party. Said claims include, but are not limited to, disagreements over the posting, transmitting, or publishing of User's information and materials submitted for use within Service. Said indemnification shall also include violation of the Terms of Service herein, connection issues arising out of Service, or of User's violation of law or legal rights of a 3rd party.
FIFTEEN - PROHIBITION AGAINST RESALE OF SERVICE
User agrees to refrain from the intentional reproduction, duplication, copying, sale, trade, resale or exploitation for commercial or private purposes, including User's membership ID, any use or access to Service. "User" is provided a license key which grants that "user" unlimited installations on domain names that "user" owns and is the sole owner of, a license cannot be resold or given away without written permission from "Provider".
SIXTEEN -GENERAL PRACTICE FOR THE USE AND STORAGE OF INFORMATION
User understands and agrees Provider retains the right and authority to establish the following general practices and limits related to Service:
- The maximum number of days, without limitation, uploaded information and materials will be retained by Service.
- The maximum number of email messages User is permitted to send or receive from Service.
- The maximum size of any email message User is permitted to send or receive from Service.
- The maximum disk space to be allotted on Provider's servers on behalf of User.
- The maximum number of times and duration for a given period of time User may have access to Service.
- User further acknowledges and agrees Provider:
- Shall assume no liability for any deletions or failures to store any messages and other communications of information and material transmitted by Service.
- Shall retain the right to log off User accounts which become inactive for an extended period of time.
- Shall reserve the right from time to time to modify or cancel said general practices and limits without consulting with, or gaining the approval of User.
SEVENTEEN - MODIFICATION AND DISCONTINUANCE OF SERVICE
User acknowledges Provider's right and authority to discontinue or modify, temporarily or permanently, Service, or any part thereof, and Provider shall not be required to notify User of such unilateral action. In so doing User permanently holds harmless and indemnifies Provider from any liability for Provider's modification, suspension, or discontinuance of User's access to Service.
EIGHTEEN - TERMINATION OF USER ACCOUNT
User understands and agrees Provider, in its sole discretion, and without prior notice or consultation with User shall retain the right and authority to immediately terminate User's account and deny User's access to any and all associated information or material previously entered by User and with 3rd parties with whom User had a business or personal relationship.
Reasons for termination of Service and denial of access may include, but not be limited to:
(a) User's breach or violations of the TOS or other incorporated agreements or guidelines; or
(b) Requests by law enforcement or other government agencies for User information when User is being investigated for impropriety or violation of law; or
(c) User's unilateral request for termination or User's self-initiated deletions of that part of User's information necessary for the continuance of User's account and operating abilities with Service; or
(d) Discontinuance or material modification to the Service, or any part thereof; or
(e) Unexpected technical or security issues or problems outside the control of Provider;
(f) Extended periods of User activity;
(g) Allegations of User's involvement in fraudulent or illegal activities; or
(h) User's failure to remain current in his payments and fees to Provider, and which payments and fees were expressly and previously acknowledged and accepted by User.
Termination of User's account includes:
- i. Removal of access to all offerings within the Service,
- ii. Deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof),
- iii. Barring of further use of the Service.
- iv. Any combination of the above
User agrees to release and fully indemnify Provider from any liability which might arise as a direct or indirect result of Provider's actions enumerated in Paragraph 17. Such release and indemnification shall extend to 3rd parties with whom User may have any obligations and shall include termination of User's email address or access to Service.
NINETEEN - COLLATERAL AGREEMENTS WITH 3RD PARTY ADVERTISERS
User's relationships with 3rd party advertisers shall remain outside of the direct control of Provider. Any agreements User has or may have with any advertiser shall not include Provider as a party. In the event of a disagreement, claim, arbitration or lawsuit to enforce any obligation between User and advertiser, User shall bear sole and exclusive liability for the outcome and final resolution of said claim. User will indemnify and hold harmless Provider from and all claims of any nature arising out of User's relationship with a 3rd party.
TWENTY - INTERNET LINKS
Service and other 3rd parties may from time to time provide to User links to other websites or to related resources. User acknowledges Provider has no means with which to control the content in a 3rd party's site. User acknowledges and agrees Provider shall not be held responsible for the content, availability, or resources purported to be within any 3rd party site. User further understands and agrees Provider shall not be responsible directly or indirectly, for liable for any damage or loss caused or to be caused by, or in connection with User's use or reliance on the content, information, ,material goods and services available on any of the 3rd party sites.
TWENTY ONE - PROPIETARY RIGHTS
User acknowledges and agrees Provider's software used to facilitate User's connection with Service contain proprietary and confidential information. Such confidential propriety information remains under the full protection of the applicable law, whether local, county, state, federal or international .User further understands and agrees any sponsored advertisements located within Service is absolutely protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorized by Provider User agrees to refrain from the modification, renting, leasing, loaning, selling, or distribution of said legally protected rights of Provider and Service, and the sublicenses or licensees of Provider and Service. User also agrees to refrain from the creation of derivative works based upon software belonging to Provider or Service.
TWENTY TWO - WARRANTY DISCLAIMERS
User understands and agrees with the following:
A. User assumes all risk connected with his access to and use of Service. The access Provider makes available to User is on an "as is," and "as available" basis, Provider and its parent company Premium Press Limited, their heirs, assigns, agents, servants, employees and affiliates disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non infringement.
B. Provider and its parent company Premium Press Limited, their heirs, assigns, agents, servants, employees and affiliates make no warranty Provider or Service will be able to:
- i. Meet User's expectations and requirements; or
- ii. Perpetually and without interruption provide to User timely, secure or error free information; or
- iii. Confirm the information and materials offered by Service to be free from error, accurate and reliable; or
- iv. Confirm the quality of any products, services, information, or other material purchased, leased, or in any other manner obtained by User shall meet User's expectations; or
- v. Guarantee, warrant, or confirm any errors in the information and material as well as related software applications will be free from error.
- vi. Correct any errors in the software provided to User for the maintenance of communication with Service.
- vii. Or any combination thereof.
C. Provider shall not indemnify, guarantee, nor warrant information or material downloaded or otherwise obtained by User from Service. User assumes full and exclusive liability and risk for any damage to User's computer hardware or software occurring during the downloading or obtaining of information or materials from Service.
D. Provider shall not indemnify, guarantee nor warrant the veracity, accuracy, truthfulness, or specific applicability of information or materials, whether by oral or written exchange, made available to User from Provider or Service.
E. Provider expressly admonishes User to be vigilant of unexpected epileptic seizures which may result from User's exposure to light or other projections from User' computer hard drive or monitor. Provider further admonishes User to learn whether there exists or existed any family member who has suffered from epileptic seizures, and if found, to immediately, or as soon as is reasonably possible discontinue use of the computer and monitor, and seek the advice of a physician. In the unlikely event User or a 3rd party under User's control experience dizziness, impaired vision, eye or muscle twitches, loss of awareness, disorientation, or any other involuntary movement or convulsion, User or other 3rd party should immediately discontinue use of the computer hard drive and monitor and seek assistance at their local hospital's emergency room.
TWENTY THREE - LIMITATION OF LIABILITY
User expressly acknowledges and agrees Provider, its agents, servants, employees, family members, affiliates, partners and licensors shall not be liable, nor share in User's liability for any direct or indirect, incidental, consequential, special, punitive, or exemplary damages, including, but not limited to, damages for loss of User's profits, goodwill, use, data, or other tangible or intangible losses even if such losses are reasonably foreseeable and whether Provider had actual notice of the possibility of imminence of damages to User resulting from:
- i. User's inability to use or access Service; or
- ii. User's cost of procurement of substitute information and material obtainable from a 3rd party source; or
- iii. 3rd party infiltration, interception, or other unauthorized access to Service; or
- iv. Unsolicited or solicited statements from 3rd parties; or
- v. Any other tangible or intangible, foreseen or unforeseen which by its nature may harbor destructive capabilities.
- vi. Any combination thereof.
TWENTY FOUR - EXLUSIONS
There exist local, county, state, federal and international jurisdictions which do not permit by operation of law one's ability to exclude or disclaim liability for incidental or consequential damages. When local, county, state, federal and international shall be in conflict with the TOS herein, such laws shall supersede and take precedence
TWENTY FIVE - EXCLUSION AND SPECIAL ADMONITIONS OF FINANCIAL DEALINGS
Provider offers access to Service for the purpose of providing information or materials to User. Provider does not condone, nor suggest to User the information or materials accessed be used for financial purposes, especially those uses for stock or equity trading, day trading, money exchange, gambling, betting, or in any other manner related to obtaining financial profits from an inappropriate or illegal use of Service.
TWENTY SIX - THIRD PARTY BENFICIARIES
User acknowledges Provider has no responsibility for, or agreement with any 3rd party's until and unless duly registered with Provider. There will be no 3rd party beneficiaries to this Agreement.
TWENTY SEVEN -NOTICE TO USER
Provider may from time to time provide to User notices, including those related to changes in the TOS, via post, email, U.S. mail regular or certified mail, or other reliable medium which would be readily accessible by User.
TWENTY EIGHT - TRADEMARK NOTICE
User acknowledges and agrees all logos, product and service names related to this Agreement and its TOS remain trademarks of Provider. Unless User receives express written prior authorization User agrees not to display or publish use of logos, or product and service names related to this Agreement.
TWENTY NINE - CLAIMS OF COYRIGHT INFRINGEMENT, NOTICE AND PROCEDURE
Provider understands the illegality of intellectual property theft and will take strong action against those Users who are found to have engaged in the theft or co-opting of another's intellectual property, including but not limited to, original content, uniqueness of information or material, copyright, trademark or patent. When Provider learns of User's participation whether alleged or real, whether accused or indicted, Provider retains the absolute authority within its discretion to discontinue User's account with Provider. In the event of evidence of intellectual property theft Provider should be immediately, or as soon as is reasonably possible, be notified by a physical or digital writing of such theft or interference with intellectual property. Communication of said information should be in the following form:
a. A description of the copyrighted intellectual property claimed to be infringed; and
b. A description of the location of the material claiming infringement; and
c. A contact address, telephone number, and email address of the reporting party; and
d. A statement claiming good faith reliance on the information or material claimed to be infringed; and
e. A statement claiming a good faith belief, founded upon reasonable investigation that the intellectual property claimed to be infringed was not authorized to be used by the intellectual property's owner, his agents, servants or employees, or by operation of law; and
e. A notarized statement made under penalty of perjury by the claimant that the above information in the notice of patent or copyright infringement is accurate and the claimant is the User or is otherwise authorized by User to make such claim.
Notice may be effected by contacting Provider's IP agent via email at email@example.com
THIRTY -GENERAL INFORMATION
The information contained herein, including the Terms of Service shall be considered the full and final agreement between User and Provider. The Terms of Service shall govern the use of Service and its access. There may be additional or modified Terms of Service upon the purchase or use of additional services provided by Provider. Such additions or modification only apply upon the purchase of said services, affiliate services, third party content, or third party software.
THIRTY ONE - CHOICE OF LAW
This Agreement and its Terms of Service, including the relationship between User and Provider, and User and Service shall be governed by the laws of the jurisdiction chosen by Provider without regard to any principles of conflicts of law. User and Provider agree to submit to the personal and exclusive jurisdiction of the courts sitting in and for the county of Hong Kong.
THIRTY TWO - WAIVER AND SEVERABILITY
Provider's failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of and other such right or provision contained herein. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision. Court intervention to adjudicate one provision or inference from the Agreement of its Terms of Service shall not affect the applicability or legality of any other provisions of the Agreement and its Terms of Service.
THIRTY THREE - SURVIVORSHIP AND TRANSFERABILITY
User understands and agrees there exist neither rights of transferability for any of the provisions in the Agreement or its Terms of Service. User's account with Provider is non-transferable and any rights to User's Membership Identification or substance of contents within User's account shall terminate upon User's death. Upon Provider's receipt of a copy of User's death certificate User's account may be terminated and all contents within said account shall be deleted.
THIRTY FOUR - STATUTE OF LIMITATIONS
Unless barred by operation of law User waives any Statute of Limitations period within any jurisdiction where a claim against Provider may be filed. Any claim or cause of action against Provider shall be filed within one (1) year of the origin of said claim. Failure to file said claim within one (1) year from the date of the origin of claim shall forever bar any party claiming to have the authority to file a claim against Provider.
THIRTY FIVE -CONTRACTUAL EFFECT OF AGREEMENT AND TERMS OF SERVICE TITLES
Any and all Titles found above and centered over sections of this Agreement and its incorporated Terms of Service shall have no legal effect and are meant only to serve as an identifier of the subject matter which follows.