PROSINGERS
ACCESS
TERMS & CONDITIONS
Access to and use of ProSingersAccess.com's services, is provided subject
to the following Terms and Conditions Agreement. Your use of ProSingers Access's
services constitutes your acceptance of these terms and conditions.
TERMS AND CONDITIONS AGREEMENT
BEFORE USING THIS SERVICE, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND
CONDITIONS. INFORMATION ON THIS SITE IS PROVIDED FOR INFORMATIONAL PURPOSES.
BY USING THE SITE PROSINGERSACCESS.COM, YOU ACCEPT THE TERMS AND CONDITIONS
BELOW.
This Agreement describes the terms and conditions applicable to your use of
the ProSingersAccess.com service (the "Service"). We may amend these
terms and conditions at any time by posting the amended terms on our Site.
This Agreement may not be otherwise amended except in a writing signed by
both parties. For the purposes of these terms and conditions "user(s)"
means any person or entity that accesses or uses the Service.
Because we do not and
cannot be involved in user-to-user dealings (be they professional engagements
or mere communications) in the event that you have a dispute with one or more
users, you release us (and our agents and employees) from claims, demands
and damages (actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed, arising out
of or in any way connected with these disputes. If you are a California resident,
you waive California Civil Code section 1542, which states: "A general
release does not extend to claims which the creditor does not know or suspect
to exist in his favor at the time of executing the release, which if known
by him must have materially affected his settlement with the debtor".
Information and Accuracy
For legal reasons, we cannot nor do we try to control the information provided
by other users that is made available through our system. You release us from
any and all liability with respect to information entered on or through ProSingersAccess.com
that is offensive, harmful or inaccurate.
We have no control (and we will not seek to establish control) over the truth
or accuracy of a user's postings or content on the ProSingersAccess.com Web
Site and Service. ProSingersAccess.com assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or personalization
settings.
User Communications and Content
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person or entity from which this Content originated. This means that you,
and not ProSingersAccess.com, are entirely responsible for all Content that
you upload, post, email or otherwise transmit via the Service. ProSingersAccess.com
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of this Content. You understand
that by using the Service, you may be exposed to Content that is offensive,
indecent or objectionable. Under no circumstances will ProSingersAccess.com
be liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed or otherwise
transmitted via the Service.
You agree to not use the Service to:
a. upload, post, email or otherwise transmit any Content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a ProSingersAccess.com
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
e. upload, post, email or otherwise transmit any Content that you do not have
a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of
any party;
g. upload, post, email or otherwise transmit any unsolicited or unauthorized
advertising, promotional materials, "junk mail", "spam",
"chain letters", "pyramid schemes" or any other form of
solicitation, except in those areas (such as shopping rooms) that are designated
for such purpose;
h. upload, post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or otherwise act
in a manner that negatively affects other users' ability to engage in real
time exchanges;
j. interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national
or international law, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
You acknowledge that ProSingersAccess.com
does not pre-screen Content, but that ProSingersAccess.com and its designees
shall have the right (but not the obligation) in their sole discretion to
refuse or move any Content that is available via the Service. Without limiting
the foregoing, ProSingersAccess.com and its designees shall have the right
to remove any Content that violates these terms and conditions or is otherwise
objectionable. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of the Content. In this regard, you acknowledge that you may
not rely on any Content created by ProSingersAccess.com or submitted to ProSingersAccess.com.
You acknowledge and agree that ProSingersAccess.com may preserve Content and
may also disclose Content if required to do so by law or in the good faith
belief that this preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce these terms and conditions; (c) respond
to claims that any Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of ProSingersAccess.com, its users
and the public.
You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
Solely to enable ProSingersAccess.com to use your Content, so that we are
not violating any rights you might have in that information, you agree to
grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicenseable (through multiple tiers) right to exercise the copyright and
publicity rights (but no other rights) you have in Your Content with respect
to your Content
Viruses
PROSINGERSACCESS.COM IS NOT RESPONSIBLE FOR ANY VIRUSES OR DEFECTS THAT MAY
BE FOUND TO EXIST IN THIS SITE, OR ANY LOST PROFITS OR OTHER CONSEQUENTIAL
DAMAGES THAT MAY RESULT.
Advertisers
ProSingersAccess.com does not warrant, endorse or guarantee any product or
services advertised on our Site, and we will not be a party to any transaction
between you and any advertiser or user.
ProSingersAccess.com does not assume the responsibility of enforcing licensing
requirements, or of checking for license, with respect to licensed professions
or trades, prior to publishing advertisements. ProSingersAccess.com does not
assume the responsibility of monitoring the use of trademarks, copyrights
or other rights of third parties.
Links To Third Party Sites
THE LINKS IN OUR SERVICE WILL FACILITATE LEAVING PROSINGERSACCESS.COM SERVICE.
THE LINKED SITES ARE NOT UNDER THE CONTROL OF PROSINGERSACCESS.COM AND PROSINGERSACCESS.COM
IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITE OR ANY LINK CONTAINED
IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO THESE SITES. PROSINGERSACCESS.COM
IS NOT RESPONSIBLE FOR WEB CASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. PROSINGERSACCESS.COM IS PROVIDING THESE LINKS TO YOU
ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT
BY PROSINGERSACCESS.COM OF THE SITE OR ANY ASSOCIATION WITH ITS OPERATORS.
THERE ARE RISKS IN USING ANY INFORMATION FOUND ON THE INTERNET. PROSINGERSACCESS.COM
CAUTIONS USER TO UNDERSTAND THESE RISKS BEFORE USING OR RELYING UPON ANYTHING
IN THE INTERNET. PROSINGERSACCESS.COM DOES NOT ENDORSE, WARRANT OR GUARANTEE
THE PRODUCTS OR SERVICES DESCRIBED OR OFFERED IN THESE OTHER WEB SITES.
Termination Of
Access
You agree that ProSingersAccess.com, in its sole discretion, may terminate
your password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including, without
limitation, for lack of use or if ProSingersAccess.com believes that you have
violated or acted inconsistently with the letter or spirit of these terms
and conditions. ProSingersAccess.com may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or without
notice. You agree that any termination of your access to the Service under
any provision of these terms and conditions may be effected without prior
notice, and acknowledge and agree that ProSingersAccess.com may immediately
deactivate or delete your account and all related information and files in
your account and bar any further access to such files or the Service. Further,
you agree that ProSingersAccess.com shall not be liable to you or any third-party
for any termination of your access to the Service.
No Representations Or Warranties; Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND CONTENT ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROSINGERSACCESS.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS,
USEFULNESS AND TIMELINESS.
b. PROSINGERSACCESS.COM MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE
ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
PROSINGERSACCESS.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
YOU EXPRESSLY UNDERSTAND
AND AGREE THAT PROSINGERSACCESS.COM AND ITS PARENTS, SUBSIDIARIES, AFFILIATES,
AGENTS, OFFICERS, TRUSTEES, MEMBERS, MANAGERS, PARTNERS OR EMPLOYEES SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PROSINGERSACCESS.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, IN CONNECTION WITH OR RESULTING
FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.
OUR COMPANY DOES NOT RECEIVE
A REFERRAL FEE FROM ANY USERS.
Use For Illegal
Activities Prohibited
The use of ProSingersAccess.com Service for any illegal activities is prohibited.
Illegal activities include, but are not limited to, tampering with information
data bases and software, unauthorized entry to other networks or computers,
trafficking in illegal products or substances, disobeying trade restrictions,
violating civil rights laws or knowledgeable vandalism or destruction of online
files. You shall comply with all applicable laws, statutes, ordinances and
regulations regarding your use of our service.
Security and Passwords
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities
that occur under your password or account. You agree to (a) immediately notify
ProSingersAccess.com of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit from your account
at the end of each session. You may not disclose or share your password to
any third parties or use your password for any unauthorized purpose. ProSingersAccess.com
cannot and will not be liable for any loss or damage arising from your failure
to comply with this paragraph.
Indemnification
You agree to defend, indemnify and hold us and our affiliates, directors,
officers, members, managers, agents, consultants and employees harmless from
and against any and all claims, losses, liabilities, costs and expenses (including,
without limitation, attorneys' fees) arising from your violation of any of
these terms and conditions or any third party rights, including, without limitation,
infringement of any copyright, violation of any proprietary right and invasion
of any privacy rights. Likewise, you agree to defend, indemnify and hold us
and our affiliates, directors, officers, members, managers, agents, consultants
and employees harmless from any and all claims, losses, liabilities, costs
and expenses (including, without limitation, attorneys' fees) arising from
any computer viruses or malicious code contained in materials uploaded or
posted by you.
Proprietary Rights
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content contained
in sponsor advertisements or information presented to you through the Service
or advertisers is protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. Except as expressly authorized by ProSingersAccess.com
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in whole
or in part.
Copyright Complaints
It is ProSingersAccess.com's policy to comply with all intellectual property
laws and, in appropriate circumstances, to terminate the accounts of users
who infringe the intellectual property rights of others.
If you believe that your work has been infringed, please send a notice of
copyright infringement to ProSingersAccess.com's Designated Agent for Copyright
Infringement containing the following information:
a. physical or electronic signature of the copyright owner or the person authorized
to act on behalf of the copyright owner;
b. identification of the copyrighted work claimed to be infringed;
c. description of where the alleged infringements are located in the Service;
d. your name, address, telephone number, and email address;
e. A statement of good faith belief that the material is infringing;
f. A statement that the information in the notification is accurate and that
the complaint is authorized by the copyright holder.
Please send notices of copyright infringement to ProSingersAccess.com's Designated
Agent for Copyright Infringement:
Designated Agent for Copyright Infringement
C. Dicken
ProSingers Access
11333 Moorpark St. #406
Studio City, CA 91602
Tel: 818-980-7710
Once proper notice has been received, ProSingersAccess.com may take the following
action:
a. ProSingersAccess.com will remove or block access to infringing material;
and
b. ProSingersAccess.com will notify the subscriber of the copyright infringement
notification;
The subscriber may provide
a counter notice that contains the following information:
a. physical or electronic signature of the subscriber;
b. identification of the material that has been removed or to which access
has been disabled;
c. statement that the subscriber has a good faith belief that the material
did not constitute copyright infringement;
d. subscriber's name, address, telephone number, and email address; and
e. statement that the subscriber consents to jurisdiction in federal court.
If ProSingersAccess.com
receives a counter notification, it will forward this notification to the
original complaining party. If the complaining party does not respond to the
counter notice by filing a lawsuit, ProSingersAccess.com will restore the
material or access to the material within 10 to 14 days of the receipt of
a counter notification.
General
Except as explicitly stated otherwise, any notices shall be given by email
to info@ProSingersAccess.com (in the case of ProSingersAccess.com) or to the
email address you provide to ProSingersAccess.com during the registration
process (in your case), or such other address as the party shall specify.
Notice shall be deemed given 24 hours after email is sent, unless the sending
party is notified that the email address is invalid.
This Agreement shall be governed by and construed in accordance with the laws
of the State of California without regard to any choice of law principles
that could result in the application of the laws of any other jurisdiction.
All disputes, differences, controversies or claims arising out of or relating
to this Agreement, including, but not limited to, any question regarding its
existence, validity, or termination, shall be finally and solely determined
and settled by arbitration in Los Angeles, California in accordance with the
Commercial Arbitration Rules of the American Arbitration Association, which
rules are deemed to be incorporated by reference into this Section. The arbitration
shall be conducted by a sole arbitrator. The language of all arbitration proceedings
shall be English. The arbitral award shall state the reasons upon which the
award is based and shall include an award of attorneys fees to the prevailing
party. Judgment upon any arbitral award may be entered and enforced in any
court of competent jurisdiction. We do not guarantee continuous, uninterrupted
or secure access to our Services, and operation of our Service may be interfered
with by numerous factors outside of our control. If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall be
struck and the remaining provisions shall be enforced. Our failure to act
with respect to a breach by you or others does not waive our right to act
with respect to subsequent or similar breaches. You and ProSingersAccess.com
are independent contractors, and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created by this Agreement.
You hereby acknowledge that you have read this Agreement, understand it and
agree to be bound by its terms and conditions. You further agree that this
is the complete and exclusive agreement between us, and this Agreement supercedes
any proposal or prior agreement whether oral or written, and any other communication
between us relating to the subject matter of this Agreement.
Membership, Upgrades
User memberships are for the period of one calendar year, provided all membership
requirements have been met. Users may upgrade their membership within that
calendar year for the cost difference of the applicable upgrade, however,
the initial calendar year applies in regards to renewal. Users may not downgrade
or cancel their membership within the initial calendar year, nor once a membership
has been purchased.
©2004
ProSingers Access. All rights reserved