TERMS OF USE FOR
WWW.FREEPRESSPROMOTIONS.COM
1) ACCEPTANCE OF THE TERMS OF USE
Free Press Promotions, LLC (“Company”, “we,” “us” or “our”) is an advertising agency that provides services in the areas of creative design media, advertising, marketing and publication. These Terms of Use govern and apply to all persons who access or use (“User,” “you” or “your”) our website www.freepresspromotions.com, and including any features, content, functionality, or other services offered thereon (collectively the “Website”).
Please read our Terms of Use and Privacy policy before using any of our Website. By accessing or otherwise using any of the Website, you acknowledge that you have read the following terms and conditions, understand them, and agree to be bound and abide by them, together with any documents they expressly incorporate by reference (collectively, the “Terms”). If you do not agree to all of these Terms, you must not access or use the Website. If any other person accesses the Website through your internet connection, you are responsible for ensuring that all such persons are aware of these Terms and comply with them.
We may revise these Terms of Use from time to time, and all changes are effective immediately when we post them. The date the Terms of Use was last revised is identified at the top of the page. Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
2) CONTENT DISCLAIMER
Content Disclaimer: The information presented on the Website includes details regarding our services, and samples of completed projects (the “Content”). Such Content may include artwork, advertising campaigns, designs and other promotional materials created for our clients. Such Content is provided for general reference and promotional purposes only. We do not, in any way, support, condone, validate or endorse any of the ideas or views represented in the Content. The Content is not intended to validate, invalidate, endorse or otherwise comment on any particular religious beliefs in any way. Any reliance you place on such information is strictly at your own risk and discretion. We expressly disclaim all liability arising from any reliance you may place on such Content, or by anyone else ho may be informed of its contents.
Privacy Policy: Our Privacy Policy explains our information collecting and use practices. By accessing or otherwise using any part of the Website, you agree to be bound by the Privacy Policy, and consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
4) AUTHORIZED & PROHIBITED USES
Authorized & Non-Commercial Uses: You may use the Website only for lawful, authorized, and acceptable purposes, and in accordance with these Terms. These Terms permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or materials available through the Website.
Unauthorized & Prohibited Uses: You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export or trade of data or software to and from the US or other countries).
• In any way that violates, misappropriates, or infringes the rights of the Company, or others, including privacy, publicity, intellectual property, or other proprietary rights.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “bulk messaging,” “auto-messaging,” “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
Harm to Software: Additionally, you agree not to:
• Use any device, software or routine, or otherwise use the Website in any manner, that could disable, overburden, damage, interfere, impair or disrupt any part of the Website, or interfere with any other party’s use of the Website.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Use any robot, spider or other automatic device, process or means to access, retrieve, crawl, scrape, or otherwise index, any portion of the Website for any purpose.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Collect the information of or about our users in any impermissible, unauthorized or prohibited manner.
• Implement or introduce any viruses, trojan horses, worms, logic bombs, denial-of-service attacks, distributed denial-of-service attacks, or other material which is malicious or technologically harmful.
• Otherwise attempt to interfere with the proper working of the Website in any way.
5) OWNERSHIP & INTELLECTUAL PROPERTY RIGHTS
Intellectual Property Ownership: The Website and its entire contents, features and functionality (including but not limited to all information, text, displays, documents, samples, artwork, images, illustrations, photographs, graphics, domains, logos, slogans, video, audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other respective providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (“Intellectual Property”). You may not use any such Intellectual Property without our express authorization, and in accordance with these Terms.
License: We grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access the Website in accordance with these Terms. This license is for the sole purpose of allowing you to access the Website as authorized, and no other rights or licenses are granted by implication or otherwise.
Prohibited Uses. You must not reproduce, distribute, modify, create derivative works of, reverse engineer, decompile, alter, publicly display, publicly perform, republish, download, store, extract, sell, resell, rent or transmit any Intellectual Property, or other Content on the Website. You must not delete or alter any copyright, trademark or other proprietary rights notices from the Website.
Infringement: If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in the Website or any Content on the Website is transferred to you, and all rights not expressly granted in these Terms are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
6) ENFORCEMENT & TERMINATION
Enforcement: We have the right to:
• Refuse to provide service to anyone for any reason at any time.
• Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate, suspend, disable or modify your access to or use of all or part of the Website at any time for any reason, including for any violation of these Terms, creating a risk of harm to the Company or its users.
7) INTEGRATION WITH THIRD PARTY SERVICES & POLICIES
Third Party Policies: We may integrate or connect other third-party services, products or content, to work in connection with our Website (such as social sharing or advertisers). Please be advised that when you access or use third-party services, those services are governed by the third-party’s terms of use and policies.
Third Party Links: If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained on resource pages, in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to from the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
8) LINKING TO THE WEBSITE & SOCIAL MEDIA FEATURES
Linking: You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Further, the website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
Removal: You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease.
9) DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available on the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output.
YOU UNDERSTASND THAT YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY MATERIALS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR PARTICULAR PURPOSE AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WE ARE NOT RESPONSIBLE FOR CONTROLLING AND DO NOT CONTROL HOW OUR USERS USE OUR WEBSITE, THE ACTIONS, VIEWS, IDEAS OR INFORMATION OF OTHER THIRD PATRIES, OR THE SUBSTANCE OF THE CONTENT DEVELOPED FOR OUR CLIENTS. YOU HEREBY RELEASE THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) YOU MAY HAVE THAT ARISE OUT OF OR RELATE TO SUCH ACTS, INFORMATION OR CONTENT. BY THIS RELEASE, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
10) LIMITATION ON LIABILITY
THE COMPANY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES, MATERIALS OR ITEMS OBTAINED THROUGH THE WEBSITE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11) INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable costs and attorneys’ fees) arising out of or relating to: (a) the violation of these Terms by you or anyone using your account; (b) your use or misuse of, or access to the Website, and your use of any information obtained from the Website; (c) your interaction with any users; and (d) any other uses other than as expressly authorized in these Terms.
12) GOVERNING LAW & DISPUTE RESOLUTION
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States, or the courts of the State of California, in each case located in the City of San Marcos and County of San Diego, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration: For any dispute between you and the Company, arising from the use of these Terms or the Website (including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, and your right to privacy or publicity), you agree to first contact the Company and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve the dispute informally, the Company may, at its sole discretion, require users located in the United States to submit any disputes to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying California law. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Services. ALL SUCH USERS AGREE TO WAIVE THE RIGHT TO TRIAL, EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT. YOU MAY REVIEW THE AAA RULES AT WWW.ADR.ORG.
13) GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in the state of California in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Our Website are not intended for use in any country where such use would violate local law or would subject the Company to the laws or regulations of another country. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. You agree to not use the Website if you are located in a restricted country, if you are listed on any US or non-US restricted parties list, or for any reason prohibited by export and trade laws, and you agree not to disguise your location through IP proxy or other methods.
No Class Actions: You and the Company agree that all users located in the United States may only bring disputes against the Company on their own behalf, and not on behalf of any other person or entity, or any class of people. You and the Company agree not to participate in any class action, class arbitration, or consolidated disputes.
LIMITATION ON TIME TO FILE CLAIMS: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
14) CHILDREN UNDER THE AGE OF 13
You must be at least 13 years of age or older to use the Website. No one under age 13 may provide any personal information on the Website, and we do not knowingly collect personal information from children under 13. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website, or provide any information about yourself to us. If you are not of the legal age to enter into a binding agreement, your parent or guardian must agree to, and shall be deemed to have agreed to, the Terms on your behalf. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at: freepresspromotions@use.startmail.com.
15) GENERAL TERMS
Waiver: No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Severability: If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Transferability: The Company may freely assign any of its rights and obligations under these Terms, to any of its affiliates, or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law, and the Company may transfer your information to any of our affiliates, successor entities, or new owner. You may not transfer any of your rights or obligations under these Terms without prior written consent from the Company.
Language: Our Terms are written in English. Any translated version is provided for your convenience. If any translated version of our Terms conflict with the English version, the English version shall control.
Entire Agreement: The Terms constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. If any future Terms are agreed to, such future Terms shall govern.
16) YOUR QUESTIONS & COMMENTS
We always welcome any feedback you may have about Free Press Promotions, our website, or any of our services. All feedback, comments, requests for technical support and other communications relating to the Terms or Use should be directed to:
Email: freepresspromotions@use.startmail.com
Address: Free Press Promotions, P.O. Box 2823, San Marcos, CA 92079
This Website is operated by Free Press Promotions, LLC.