Terms and Conditions
1. Your Acceptance
BY USING AND/OR VISITING THIS website YOU SIGNIFY YOUR ASSENT TO BOTH THESE "TERMS AND CONDITIONS" AND THE "PRIVACY POLICY."
2. Website Access
You agree not to use or launch any automated system, including, without limitation, "robots," "spiders," "offline readers," etc., that accesses the website in a manner that sends more request messages to the Promomercials servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
3. Intellectual Property Rights
The content on the Promomercials website, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Promomercials, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Promomercials. Promomercials reserves all rights not expressly granted in and to the website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Promomercials website, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Promomercials website or the Content therein.
4. Your Materials
A. The Promomercials website may now or in the future permit the transfer of videos or other materials by you and the hosting of such. You grant Promomercials full rights to host your materials including videos, images, text and sound.
B. You shall be solely responsible for your own materials and the consequences of display on your or any third party website.
C. Promomercials permits you to link to your own rights managed materials on the website for personal or commercial purposes only. In addition, Promomercials provides an "Embeddable Player" feature, which you may incorporate into your own personal or commercial websites for use in accessing your own materials on the Promomercials website. For materials hosted on the Promomercials website, Promomercials may elect to provide an identification mark or link back to the Promomercials website on the Embeddable Player or video display.
5. Warranty Disclaimer
PROMOMERCIALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PROMOMERCIALS website AND YOUR USE THEREOF. PROMOMERCIALS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF PROMOMERCIALS website, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF Promomercials' SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM Promomercials' website, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH Promomercials' website BY ANY THIRD PARTY, AND/OR (VI) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PROMOMERCIALS website.
7. Limitation of Liability
IN NO EVENT SHALL PROMOMERCIALS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR website, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR website, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR website BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PROMOMERCIALS website, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROMOMERCIALS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT PROMOMERCIALS SHALL NOT BE LIABLE FOR USER MATERIALS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
8. Indemnity
You agree to defend, indemnify and hold harmless Promomercials, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Promomercials website; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your materials caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Promomercials website.
9. General
You agree that: (i) the Promomercials website shall be deemed solely based in Minnesota; and (ii) the Promomercials website shall be deemed a passive website that does not give rise to personal jurisdiction over Promomercials, either specific or general, in jurisdictions other than Minnesota. These Terms and Conditions shall be governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. Any claim or dispute between you and Promomercials that arises in whole or in part from the Promomercials website shall be decided exclusively by a court of competent jurisdiction located in Washington County, Minnesota. These Terms and Conditions, together with the Privacy Notice at http://www.promomercials.com/privacy.html and any other legal notices published by Promomercials on the website, shall constitute the entire agreement between you and Promomercials concerning the Promomercials website. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Promomercials failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. Promomercials reserves the right to amend these Terms and Conditions at any time and without notice, and it is your responsibility to review these Terms and Conditions for any changes. Your use of the Promomercials website following any amendment of these Terms and Conditions will signify your assent to and acceptance of its revised terms. YOU AND PROMOMERCIALS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PROMOMERCIALS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Date Last Modified:
These Terms and Conditions were last modified March 22nd, 2007.