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Preston Media Terms of Use 1. Acceptance of Terms of ServicePreston 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). 2. Registration Information/Privacy PolicyWhen 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. 3. TerminationPreston 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 ServicePreston 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 NetworkPreston 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 NetworkA. Content of MessagesYou 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. B. Non Commercial UseThe 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. 7. Member DisputesYou 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 CommunicationsWhen 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 ServicesYou 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. 10. Registration and PasswordYou 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 InfringementThe 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; see http://www.loc.gov/copyright for details. Legal notices with respect to this website should be sent to: Preston Media, LLC, 48 West 37th Street, 7th Floor, New York, NY 10018, 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 WarrantiesPRESTON MEDIA WEBSITES, INCLUDING BUT NOT LIMITED TO SPIRITNOW.COM, ARE FOR ENTERTAINMENT PURPOSES ONLY. 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. 13. Limitation of LiabilityPRESTON 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. 14. Promotional MessagesPreston 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. 15. IndemnificationYou 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 LawThese 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 YouIn 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. 18. MiscellaneousIn 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. |
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