Effective Date: As of Jan. 31, 2012
1. Acceptance of Terms of Service
Preston Media, LLC and its subsidiaries and affiliates, including but not limited to SpiritNow.com (collectively, "Preston Media") operate a network of websites and services (the "Preston Media Network"). These Terms of Service set forth the terms and conditions that apply to your use of the Preston Media Network. From time to time, Preston Media may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events ("Additional Terms"), which Additional Terms may be placed on the Preston Media Network to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING THE PRESTON MEDIA NETWORK, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH PRESTON MEDIA, LLC. If you do not agree to be bound by these Terms of Service, please discontinue your use of the Preston Media Network. The Preston Media Network is provided free of charge to you (unless otherwise indicated).
Although portions of the Preston Media Network may be viewed simply by visiting the relevant web site, in order to access the message boards and/or receive additional services from Preston Media you need to sign on as a guest or register as a member of the Preston Media Network. Registering as a member will allow you to access certain services that are not available to guests. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Preston Media Network, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
When you register for the Preston Media Network, you will be required to provide Preston Media with the following information: your name, e-mail address, zip code, country, gender, birth date, member name and password. In addition, you may choose to provide the Preston Media Network with additional information, including your mailing address, household income, education, marital status and employment status.
Preston Media reserves the right to (i) terminate your membership and access to any specific content, services, digital products, products courses or events, and (ii) remove your personal Preston Media website and information, if any, if Preston Media learns that you have provided Preston Media with false or misleading registration information.
Preston Media reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the Preston Media Network and/or any other service, tool, specific content, digital products, products, courses or events provided to you by Preston Media, including any personal web site, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of Service
Preston Media may modify these Terms of Service from time to time in its sole discretion. Each time you use the Preston Media Network, you will be deemed to have accepted any such changes. Preston Media shall have no obligation to notify you of any such changes other then posting such modifications on the Preston Media Network, but Preston Media reserves the right (at Preston Media's discretion) to provide you notice of such changes to any e-mail address you have provided to Preston Media, or post office address you have provided to Preston Media.
5. Modifications of the Preston Media Network
Preston Media may modify or discontinue the Preston Media Network, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Use of the Preston Media Network
A. Content of Messages
You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on the Preston Media Network, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the Preston Media Network that is accessible to the general public nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. Preston Media assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the Preston Media Network. Preston Media further assumes no responsibility for the deletion of or failure to store e-mail messages.
You further agree that you will not use the Preston Media Network to send emails or instant messages or post on message boards, blogs, profiles, comments or any place on the Preston Media Network, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, (unless within the scope of the topic area of a message board as determined by Preston Media in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f**k") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the Preston Media Network. Preston Media reserves the right to delete any such material from the Preston Media Network. Preston Media will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Preston Media. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the Preston Media Network to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) content on the Preston Media Network is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Preston Media Network, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that Preston Media may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of the Preston Media Network, including message boards, blogs, forums, contests, personal websites, public profiles, comments or chat rooms, you grant Preston Media a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the Preston Media Network retains any and all Rights that may exist in such content.
Preston Media is not obligated to review content posted by users prior to the content's posting to any area of the Preston Media Network, including any private profile. Content posted by any user to the Preston Media Network does not reflect the opinions or views of Preston Media, its parent, subsidiaries or affiliates. Preston Media makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other Preston Media members through any Preston Media service.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE PRESTON MEDIA NETWORK, YOU HEREBY EXPRESSLY PERMIT PRESTON MEDIA TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY PRESTON MEDIAâ€™S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
B. Non Commercial Use
The Preston Media Network, its products, services, digital products, events, courses, social networking tools (as more fully described below) and any other element of the Preston Media Network are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by Preston Media in writing. Illegal and/or unauthorized use of the Preston Media Network, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Preston Media Network is prohibited. In furtherance thereof, you agree that you will not use the Preston Media Network for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
Any such use shall be deemed to be a violation of these Terms of Service.
7. Member Disputes
You are solely responsible for any interaction with other members or visitors of the Preston Media Network. Preston Media reserves the right but shall have no obligation to monitor disputes between you and any other member of the Preston Media Network.
8. Intrastate Nature of Communications
When you register with the Preston Media Network and/or any service therein, you acknowledge that in using the Preston Media services to send electronic communications, you will be causing communications to be sent through Preston Media's computer networks, portions of which are located in more than one state in in the United States and portions of which are located abroad. As a result, and also as a result of Preston Media's business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms of Service and using the Preston Media communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.
9. Third Party Services
You may order services or merchandise through the Preston Media Network from other persons not affiliated with Preston Media ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Preston Media makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Preston Media nor will Preston Media be construed as a party to such transactions, whether or not Preston Media may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
Preston Media may include special routing icons which may be located within the Preston Media Network, the activation of which will allow you to access and learn more about Preston Media and other services provided by Preston Media whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
10. Registration and Password
You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify Preston Media of any unauthorized use of your registration or password.
11. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Preston Media Network infringe your copyright, you (or your agent) may send Preston Media a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Preston Media to locate the material on the Preston Media Network; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Preston Media a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Legal notices with respect to this website should be sent to: Preston Media, LLC, 888c 8th Avenue, #139, New York, NY 10019, with a copy to Andrew L. Hyams, Esq., General Counsel, Preston Media, LLC, 60 Walnut Street, 4th Floor, Wellesley, MA 02481. Preston Media suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
12. Disclaimer of Warranties
PRESTON MEDIA WEBSITES, INCLUDING BUT NOT LIMITED TO SPIRITNOW.COM, ARE FOR ENTERTAINMENT PURPOSES ONLY.Â YOU EXPRESSLY AGREE THAT USE OF THE PRESTON MEDIA NETWORK, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE PRESTON MEDIA NETWORK, IS AT YOUR SOLE RISK. THE PRESTON MEDIA NETWORK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRESTON MEDIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
PRESTON MEDIA MAKES NO WARRANTY THAT THE PRESTON MEDIA NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE PRESTON MEDIA NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PRESTON MEDIA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRESTON MEDIA NETWORK. PRESTON MEDIA WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE PRESTON MEDIA NETWORK.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRESTON MEDIA NETWORK IS 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 SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT PRESTON MEDIA DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE PRESTON MEDIA NETWORK. PRESTON MEDIA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER PRESTON MEDIA NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE PRESTON MEDIA NETWORK, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. PRESTON MEDIA ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
PRESTON MEDIA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE PRESTON MEDIA NETWORK, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE PRESTON MEDIA NETWORK IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRESTON MEDIA OR THROUGH THE PRESTON MEDIA NETWORK, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
PRESTON MEDIA MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE PRESTON MEDIA NETWORK OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PRESTON MEDIA NETWORK.
PRESTON MEDIA IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE PRESTON MEDIA NETWORK. Â WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH PRESTON MEDIA MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST PRESTON MEDIA WITH RESPECT TO SUCH SITES.
BY PERMITTING ADVERTISING, PRESTON MEDIA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. PRESTON MEDIA SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING AN Â ON THE PRESTON MEDIA NETWORK, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY PRESTON MEDIA AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO AN ADVERTISEMENT ON THE PRESTON MEDIA NETWORK, YOU WAIVE ANY CLAIMS AGAINST PRESTON MEDIA FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
13. Limitation of Liability and Arbitration
PRESTON MEDIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE PRESTON MEDIA NETWORK OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE PRESTON MEDIA NETWORK OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF PRESTON MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If there is any dispute about or involving the Preston Media or otherwise involving the Preston Media Network or otherwise involving this website either directly or indirectly, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and, without limiting the requirement that all disputes between us are subject the arbitration, you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, County of New York. Either Preston Media or you may demand that any dispute between Preston Media and you must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York, New York, USA, provided that the foregoing shall not prevent Preston Media from seeking injunctive relief in a court of competent jurisdiction. You agree that, by entering into this Agreement, you and Preston Media are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice should be addressed to: Preston Media, LLC, 888c 8th Avenue, #139, New York, NY 10019 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Preston Media and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Preston Media may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Preston Media or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Preston Media is entitled.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND PRESTON MEDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Preston Media agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If any party files a judicial, administrative or arbitration action asserting a claim that is subsequently rejected, dismissed, lost or otherwise unsuccessful, the party filing that action must pay the other party's costs and expenses, including reasonable attorneys' fees.
14. Promotional Messages
Preston Media and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Preston Media makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Preston Media nor such third party shall have any liability with respect thereto.
Your dealings with any wireless, telecommunications, or other carrier ("Carrier") in connection with the Site or the Service, including payment for and delivery of any Software, participation in any promotions offered by any Carrier, and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Carrier. Preston Media shall not be responsible or liable for any part of any such dealings or promotions.
You are solely responsible for, and Preston Media will not have any liability to you for, any access or usage charges charged by a Carrier related to any device that you use to access the Site or use the Service, including, without limitation, usage charges for mobile telephones, Palm OS devices, Windows CE devices, car navigation systems, pagers, "smartphones" and other devices, whether wireless or wireline.
Fees and payments are between you and your mobile service provider and are subject to the terms and conditions you agreed to with your mobile service provider.
You agree to pay or have paid all fees and charges incurred in connection with your use of the Service (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are non-refundable. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the site from time to time. You also are responsible for any fees or charges incurred to access the Service, including but not limited to telephone charges, long distance charges or mobile phone charges. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR THIRD PARTY'S WIRELESS INVOICE, WHICH WERE NOT AUTHORIZED BY YOU.
By opting in to use our services including but not limited to using Free Trials, you authorize us to notify you of information that Preston Media deems is of potential interest to you. Notices and announcements may include commercial text messages or emails and other notices describing changes, upgrades, new products and services.
We reserve the right to send you messages through the Service, for the purpose of informing you of issues, changes or additions to the Service, or of any Company related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity. And by your use of the Service, you consent to such disclosures and communications subject to the terms of our Privacy Statement.
You agree to indemnify and hold each of Preston Media, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Preston Media Network, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
16. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering the Preston Media Network, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.
17. Remedies for Breach of these Terms by You
In the event that Preston Media determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the Preston Media Network, Preston Media reserves the right to (i) delete any or all content provided by you or your agent(s) to The Preston Media Network; (ii) discontinue your registration(s) with the Preston Media Network and/or any other Preston Media community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the Preston Media Network; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which Preston Media deems to be appropriate.
If your registration(s) with or ability to access the Preston Media Network, any other Preston Media community and/or any other service, product, content, course, event, tool or digital product provided to you by Preston Media is discontinued by Preston Media due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the Preston Media Network, then you agree that you shall not attempt to re-register with or access the Preston Media Network, any other Preston Media community and/or any other digital product, course content or service provided by Preston Media, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Preston Media reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Preston Media may assign its rights and obligations under these Terms of Service and upon such assignment Preston Media may be relieved of any further obligation hereunder.
You represent to Preston Media that you have the authority to register with or visit the Preston Media Network according to these Terms of Service. Preston Media does not encourage or solicit visitors who are known to be under the age of 18 to become a member of or visit the Preston Media Network and does not permit anyone under the age of 13 to become a member of the Preston Media Site.
These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Preston Media, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
Preston Media reserves the right to terminate free access to the Preston Media Network including any or all content, services, digital products, products, events, courses or tools with or without notice to you. Preston Media reserves the right (at Preston Media's discretion) to provide you with notice of such change by prominently posting a notice on the Preston Media Network and/or sending written notice to you at any e-mail and/or post office address you have provided to Preston Media. Once free access is terminated Preston Media may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the Preston Media Network and/or any for-pay content, services, digital products, products, events, tools or products.