Promax Agency Marketplace Terms & Conditions
Effective: April 20, 2021
(A) USE OF THIS WEBSITE AND RULES FOR MEMBERSUse of and status of website material:
- The content of this website is intended to assist you with learning, marketing exposure and the facilitation of a briefing process between client companies and outside agencies and vendors. The general formatting is subject to change without notice and the content of this website is updated periodically.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
- This website contains material which is owned by or licensed to us or which has been uploaded onto this website by registered users. This material includes, but is not limited to, the design, layout and appearance and may include graphical images, text, video clips, reprographics, sounds, demos, patches, and other files. Reproduction, use or dissemination of all such material without the owner’s consent is prohibited.
- Any copies of the pages of the website which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for such personal OR internal use.
- You may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from this website without our prior written consent save as expressly authorized by an agreement in writing between us and you.
- Unless with our prior permission no part of this website may be reproduced or transmitted to or stored in any other website, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
- Linking to the home page of this website is greatly appreciated but written permission for using our name, logo and linking to this website is required. Please contact email@example.com for this permission. No deep linking or framing will be permitted without prior written agreement. We reserve the right to revoke such permission at any time. If we do so you must promptly comply with our request to cancel such linking or framing.
- You may not amend, republish, distribute, reproduce, adapt, or modify any of the materials on this website or use any of the materials for public performance or otherwise make commercial use of this website or any materials located on it without our prior written consent.
- Any permission granted above terminates automatically if you breach any of these terms and conditions or if you cease to be a subscribed user of this website for whatever reason.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the websites in question. We have no responsibility and accept no liability for the content of any such website or any other website it may link to.
Scope of our liability
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose, including material uploaded by any user. You acknowledge we incorporate information and material supplied by third parties in good faith and that, while we will not knowingly incorporate inaccurate or incomplete information, such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- We will not be liable for any damages (including, without limitation, damages for any indirect or consequential loss, loss of business opportunities or projects, loss of profits, administrative costs or disaster recovery costs, even if we have been informed of the likelihood of any of the aforesaid arising) howsoever arising and whether in contract, tort or otherwise from the use of or inability to use the website, or any of its contents and materials, or from any action or omission taken as a result of using the website or any such contents. In any event our liability for all damages and losses (including negligence) shall not in any circumstances exceed the amount paid by you, if any, for accessing and using the services on this website.
- All users agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities, or proceedings arising from their use or misuse of this website. If such action is taken against you as a result of using this website then you must notify us immediately.
- We make no guarantee that the contents of the website are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
- Nothing in these terms or conditions should be construed as limiting or excluding or liability for death or personal injury caused by our negligence or fraud. All limitations of liability in this section and in these terms and conditions generally should be read subject to this proviso.
User rules of conduct
- All communications you upload to or make via this website must be courteous and professional. Furthermore, you cannot upload to this website or otherwise distribute or publish through this website any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist, misleading, inaccurate, in breach of advertising codes or standards or which is otherwise unlawful or designed to cause disruption to any computer systems or network.
- It is against the Promax non-profit by-laws to display political messages or propaganda on our platforms. Any materials uploaded to this website determined by us to be a political message or propaganda will be removed.
- You are fully and solely responsible for your use of this website and accept liability for any resulting actions.
- Any opinions expressed by individuals using this website do not necessarily reflect our opinions or those of their employer.
- We will enforce appropriate sanctions against any users who are responsible for abuse of this website or who breach any of its terms. Such sanctions may include, but are not limited to, (a) a formal warning, (b) suspension of access through this website, (c) termination of any registered user status along with attendant rights and benefits with no refund of user fees.
- We shall be entitled without liability to you and at our discretion to remove any content in breach of these terms and conditions from our server immediately.
- You agree to indemnify and undertake to keep us indemnified against any costs or expenses (including the cost of any settlement) arising out of any claim, action, proceeding or demand that may be brought, made or prosecuted against any of them arising out of or as a consequence of an unlawful or negligent act or omission or an infringement of any third party rights which arise out of or are connected in any way with this website and/or arising out of a breach of this acceptable use policy.
- These terms and conditions shall be interpreted, construed, and enforced in all respects in accordance with California law and you and we each irrevocably agree to submit to the exclusive jurisdiction of the California Courts in respect of any dispute or claim arising out of or in connection with these terms and conditions. The place of performance of the contract between you and us which they govern is California.
- All notices given under these Terms and Conditions of Use shall be sufficiently served by email and deemed validly served when downloaded on to the recipient’s server. Our email address for such purposes is firstname.lastname@example.org.
- If any provision of these Terms and Conditions is unlawful, void or unenforceable then that provision shall be deemed deleted and its deletion shall not affect the validity and enforceability of the remaining provisions.
- No failure by us to exercise any of our rights under these terms and conditions shall operate as a waiver of our rights.
- Your rights under these terms and conditions are personal to you and us and you shall not assign, transfer, delegate, sub-license or subcontract them. We shall be able to assign, transfer, delegate, sub-license or subcontract our rights under these terms and conditions at will.