THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN
YOUR USE OF THIS SITE LOCATED AT WWW.PROI.COM ON THE WORLD WIDE WEB (THE "SITE")
OF PUBLIC RELATIONS ORGANISATION INTERNATIONAL (“PROI”), AND ARE
LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT
ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE.
YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF
THE TERMS SET FORTH BELOW.
General Use Restrictions
All information, documents, products, software and services provided on this
Site, including trademarks, logos, graphics and images (collectively the "Materials")
are provided to you by PROI.
Except as stated herein, you acknowledge that you have no right, title or interest
in or to the Materials on any legal basis, without the advance written authorization
of PROI.
Third Party Content
Certain information and content may be provided by third parties to PROI (“Third
Party Content”). The Third Party Content is, in each case, the copyrighted
work of the creator/licensor, and may be subject to terms of use and/or privacy
policies of such third parties. Please contact the appropriate third party for
further information regarding such terms. PROI DISCLAIMS ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIRD PARTY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
No Framing
You agree not to “frame” or “mirror” any Materials
or Third Party Content contained on or accessible from this Site on any other
server or Internet-based device without the advance written authorization of
PROI or its licensors, respectively.
Third Party Interaction
In your use of the Site, you may enter into correspondence with, purchase goods
and/or services, or participate in promotions of advertisers or members or sponsors
showing their goods and/or services on or advertised through the Site. Unless
otherwise stated, any such correspondence, purchase or promotion, including
the delivery of and the payment for goods and/or services, and any other term,
condition, warranty or representation associated with such correspondence, purchase
or promotion, is solely between you and the applicable third party. You agree
that PROI has no liability, obligation or responsibility for any such correspondence,
purchase or promotion between you and any such third party.
Links to Third Party Sites
This Site may be linked to other sites on the World Wide Web or Internet which
are not under the control of or maintained by PROI. Such links do not constitute
an endorsement by PROI of those sites. You acknowledge that PROI is providing
these links to you only as a convenience, and further agree that PROI is not
responsible for the content of such sites. Your use of other sites is subject
to the terms of use and privacy policies located on the linked sites.
Restricted Areas of the Site
Certain functions of the Site are restricted to authorized users or require
you to provide personal information (“Restricted Areas”). If you
are an authorized user of the Restricted Areas, you agree that you are entirely
responsible for maintaining the confidentiality of your password or your employees’
passwords and account information, if any, and agree to notify PROI if the password
is lost, stolen, disclosed to an unauthorized third party, or otherwise may
have been compromised. You agree that you are entirely responsible for any and
all activities which occur under your account, including any fees which may
be incurred under your password-protected account, whether or not you are the
individual who undertakes such activities. You agree to immediately notify PROI
of any unauthorized use of your account or any other breach of security in relation
to the Site known to you.
Privacy Policy
Your use of the Site it governed by the PROI Privacy Policy which is available
at http://www.proi.com/proi/privacy.htm (the “Privacy
Policy”) and incorporated by reference into these terms.
Unauthorized Activities
You acknowledge that your unauthorized use of any Materials or Third Party
Content contained on this Site may violate copyright laws, trademark laws, the
laws of privacy and publicity, certain communications statutes and regulations
and other applicable laws and regulations, and agree that you are wholly responsible
for your actions or the actions of any person using your screen name and/or
password. As such, you agree to hold PROI entirely harmless from and against
any and all costs, damages, liabilities, and expenses (including attorneys’
fees) incurred by PROI in relation to, arising from or for the purpose of avoiding
any claim or demand from a third party that your use of the Site or the use
of the Site by any person using your screen name and/or password (including
without limitation your participation in any chat rooms) violates any applicable
law or regulation, or the rights of any third party.
Trademarks
All PROI trademarks, marks, names, service marks and logos are the property
of PROI and their respective owners.
PROI RESPECTS THE INTELLECTUAL PROPERTY OF OTHERS, AND WE ASK OUR USERS TO DO
THE SAME. IF YOU BELIEVE THAT YOUR WORK HAS BEEN COPIED ON THE SITE IN A WAY
THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND APPEARS ON OUR WEBSITE, PLEASE PROVIDE
PROI’S COPYRIGHT AGENT THE FOLLOWING INFORMATION:
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located
on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
PROI’s Copyright Agent for notice of claims of copyright infringement
on its site is The Corporate Secretary who can be reached as follows: By email: info@proi.com.
Disclaimer of Warranty
You acknowledge and agree that this Site may include certain errors, omissions,
outdated information which may affect the quality of the Materials and the Third
Party Content. You acknowledge that neither the Materials nor the Third Party
Content have been independently verified or authenticated in whole or in part
by PROI, and agree that PROI does not warrant the accuracy or timeliness of the
Materials or the Third Party Content, and further agree that PROI has no liability
for any errors or omissions in the Materials and the Third Party Content, whether
provided by PROI or its licensors.
PROI, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES,
OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS
OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION
THE MATERIALS AND THE THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED,
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION
OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS"
AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS,
REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROI SHALL NOT BE LIABLE
TO YOU OR A THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES OR LIABILITIES
SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION,
OR MATERIAL OR THIRD PARTY CONTENT CONTAINED ON THE SITE. IN NO EVENT SHALL
PROI BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY,
PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA,
REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER
FOR BREACH OR IN TORT, EVEN IF PROI HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
Additional Rights
Certain jurisdictions do not allow the exclusion of implied warranties or limitation
of liability for incidental or consequential damages, so the exclusions set
forth above may not apply to you.
Local Laws
PROI controls and operates this Site from its headquarters in the United States
of America and makes no representation that the Materials are appropriate or
will be available for use in other locations. If you use this Site from outside
the United States of America, you are entirely responsible for compliance with
applicable local laws, including but not limited to the export and import regulations
of other countries in relation to the Materials and the Third Party Content.
Unless otherwise explicitly stated, all marketing or promotional materials found
on this Site are solely directed to individuals, companies or other entities
located in the United States.
General
PROI does not monitor your data or transmissions, yet, PROI does actively monitor
accounts for system utilization. However, you agree that, in PROI’s efforts
to promote good citizenship within the Internet community, if PROI becomes aware
of inappropriate use of the Site or any PROI service, PROI may respond. You acknowledge
that PROI will report to law enforcement authorities any actions which may be
considered illegal, as well as any reports it receives of such conduct. When
requested, PROI will cooperate fully with law enforcement agencies in any investigation
of alleged illegal activity on the Internet.
If you violate these Terms, PROI reserves the right to terminate your ability
to use the Site without notice. In addition, you agree to terminate your use
of the Site upon request. PROI’s preferred course of action is to advise
you of your inappropriate behaviour and recommend any necessary corrective action.
You agree that PROI can revise these Terms at any time without notice by updating
this posting on the Site. You agree that your continued use of the Site after
such modifications have been made constitutes your acceptance of such revised
Terms.
Any action related to these Terms will be governed by California law and controlling
U.S. federal law, without regard to the choice or conflicts of law provisions
of any jurisdiction. You agree to submit to the jurisdiction of the courts located
in the State of California, for the resolution of all disputes arising from
or related to these Terms and/or your use of the Site.
If any provision of these Terms is held by a court of competent jurisdiction
to be contrary to law, then such provision(s) shall be construed, as nearly
as possible, to reflect the intentions of the parties, with all other provisions
remaining in full force and effect. The failure of PROI to enforce any right
or provision in these Terms shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by PROI in writing. The Terms comprises the
entire agreement between you and PROI and supersede all prior or contemporaneous
negotiations, discussions or agreements, if any, between the parties regarding
the subject matter contained herein.
