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Terms and Conditions
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Acceptance Of Terms.
By using, or accessing, any part of the PowerPressKits.com web site or any content
or services on the site including individual PPKs you acknowledge, and agree to
become bound by, the Terms of Use as outlined below. If you disagree with any term
or condition on this page, you must NOT use this web site.
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Modifications Of Terms Of Use. myPPK reserves the right,
at its sole discretion, to modify or replace the Terms of Use at any time. If the
alterations constitute a material change, myPPK will notify you via email. The determination
of what entails a "material change" will be made at myPPK's sole discretion. You
shall be responsible for reviewing and becoming familiar with any such modifications
and your continued use of the myPPK web site and services following such modification
shall constitute your acceptance of the modified Terms of Use.
myPPK services are only available to persons who are at least 13 years of age or
older. If you are younger, do not attempt to register for, or use, the services. -
Description of Service.
myPPK is an online application from Impact Artist Promotions (the "Service"). You
understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis.
myPPK disclaims all responsibility and liability for the availability, timeliness,
security or reliability of the Service. myPPK also reserves the right to modify,
suspend or discontinue the Service with or without notice at any time and without
any liability to you.
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Personal Use. The Service is made available to you for your personal use
only. Due to the Children's Online Privacy Protection Act of 1998 (which is available
at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use
this Service. You must provide current, accurate identification, contact, and other
information that may be required as part of the registration process and/or continued
use of the Service. You are responsible for maintaining the confidentiality of your
Service password and account, and are responsible for all activities that occur
thereunder. myPPK reserves the right to refuse service to anyone at any time without
notice for any reason and may terminate or suspend any and all provided services
and your myPPK account without prior notice or liability.
To terminate your myPPK account yourself, simply email us through our contact form on this website and request that your account be deactivated.
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Proper Use. You agree that you are responsible for your own communications
and for any consequences thereof. Your use of the Service is subject to your acceptance
of and compliance with the Agreement. You agree that you will use the Service in
compliance with all applicable local, state, national, and international laws, rules
and regulations, including any laws regarding the transmission of technical data
exported from your country of residence. You shall not, shall not agree to, and
shall not authorize or encourage any third party to:
(i) use the Service to upload, transmit or otherwise distribute any content that
is unlawful, defamatory, infringing, libelous, pornographic, harassing, abusive,
fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably
determined by myPPK;
(ii) upload, transmit or otherwise distribute content that infringes upon another
party's intellectual property rights or other proprietary,
contractual or fiduciary rights or obligations;
(iii) prevent others from using the Service or to abuse, harass, threaten, impersonate
or intimidate other myPPK users;
(iv) use the Service for any fraudulent or inappropriate purpose; or
(v) create or submit unwanted email ("spam") to any other myPPK users or any URL;
(vi) violate any laws in your jurisdiction;
(vii) submit content or comments linking to affiliate programs, multi-level marketing
schemes or other off-topic content;
(viii) post or transmit any communication intended to obtain myPPK user, account
or private, information;
(ix) use any robot, spider, scraper or other automated means (excluding RSS feeds)
to access the myPPK web site for any purpose without receiving written permission;
(x) act in any way that violates the Program Policies, as may be revised from time
to time. Violation of any of the foregoing may result in immediate termination of
this Agreement, and may subject you to state and federal penalties and other legal
consequences. myPPK
reserves the right, but shall have no obligation, to investigate your use of the
Service in order to determine whether a violation of the Agreement has occurred
or to comply with any applicable law, regulation, legal process or governmental
request.
(xi) upload or embed any <object> or <script> tagged
content
(xii) communicate with any myPPK representative in a disrespectful,
condescending, offensive, demanding, indecent or profane manner
To report Terms of Use abuse, please email us through our contact form on this website. -
Billing Information. myPPK never receives nor stores any bank billing
information. All billing is processed securely through PayPal. If you need to
change your bank information prior to renewing your subscription, do so by
logging into your PayPal account.
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Cancelation. Users who cancel a subscription within 36 hours of subscribing will receive
a full refund of the subscription amount. Subscriptions canceled after 36 hours
will run for the full paid term and then be canceled upon expiration of the term
with no refund amount due.
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Renewal. Some subscription types are setup by PayPal to automatically
renew at the end of the term using the same billing information originally
submitted. myPPK will send you notification emails each week starting
approximately three weeks prior to your scheduled renewal date. If you do not
want your subscription to automatically renew, you must either cancel the
subscription in your PayPal account or notify myPPK support to do so for you.
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Promotion. myPPK, at its discretion, may use a screenshot image of your
PPK in its current state in perpetuity to promote the myPPK service online, in
broadcast media and in print.
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Your Intellectual Property Rights. myPPK does not claim any ownership in any
of the content, including any text, data, information, images, photographs, music,
sound, video, or other material, that you upload, transmit or store in your myPPK
account. We will not use any of your content for any purpose other than
listed in 'Promotion' above, except to provide you
with the Service.
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Submitted Content.
Content that is submitted to PowerPressKits.com in whatever form and by whatever
means is either content provided by you from a referenced source or content that
you represent and warrant as being yours. In the latter case, you agree that the
content will be subject to the Creative Commons Public Domain License, available
at: http://creativecommons.org/licenses/publicdomain/.
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Copyright Violations. As stated above, it is a violation
of myPPK's Terms of Use for users to upload, transmit or otherwise distribute content
that infringes upon another party's intellectual property rights. Notices of copyright,
or other intellectual property, infringement will be reviewed and appropriate action
taken under the the Digital Millennium Copyright Act ("DMCA") and/or other applicable
intellectual property laws. In most cases, such action will entail the removal of
the infringing content or activity within 24 hours of notification. myPPK disclaims
all obligation to investigate the validity of infringement complaints or to justify
the removal of infringing material.
Notices of infringement should be sent in written form and sent through our contact
form on this website clearly setting forth the
information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). -
Representations and Warranties. You represent and warrant that (a) all of the information
provided by you to myPPK to participate in the Services is correct and current;
and (b) you have all necessary right, power and authority to enter into this Agreement
and to perform the acts required of you hereunder.
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Warranty Disclaimers. You agree and acknowledge
that myPPK has no control over, and no obligation to take any action regarding:
which users gain access to the site or their activity on the site; how you may use
or interpret the content on the site; what effects the site content may have on
you; or what actions you may take as a result of having been exposed to the content.
You release myPPK from all liability for you having acquired or not acquired content
through the site. The site may contain, or direct you to sites containing, information
that some people may find offensive or inappropriate. myPPK makes no representations
concerning any content contained in or accessed through the site, and myPPK will
not be responsible or liable for the accuracy, copyright compliance, legality or
decency of material contained in or accessed through the site. The service, content,
and site are provided on an "as is" basis, without warranties of any kind, either
express or implied, including, without limitation, implied warranties of merchantability,
fitness for a particular purpose or non-infringement.
You further acknowledge and agree that myPPK shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource. -
Privacy. As a condition to using the Service, you agree to the terms of the
myPPK Privacy Policy as it may be updated from time to time. myPPK understands
that privacy is important to you. You do, however, agree that myPPK may monitor,
edit or disclose your personal information, including the content of your emails,
if required to do so in order to comply with any valid legal process or governmental
request (such as a search warrant, subpoena, statute, or court order), or as otherwise
provided in these Terms of Use and the myPPK Privacy Policy. Personal information
collected by myPPK may be stored and processed in the United States or any other
country in which parent company Impact Artist Promotions or its agents maintain
facilities. By using myPPK, you consent to any such transfer of information outside
of your country.
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Limitation Of Liability. You agree and acknowledge that myPPK and/or its suppliers
shall not in any event be liable under contract, tort, strict liability, negligence
or other legal theory (i) with respect to the site, the service or any content for
any lost profits or special, indirect, incidental, punitive, or consequential damages
of any kind whatsoever, substitute goods or services, or (ii) for any direct damages.
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Indemnification. You agree to hold harmless and indemnify PowerPressKits.com, its parent, Impact
Artist Promotions, and its subsidiaries, affiliates, officers, agents, and employees
from and against any third party claim arising from or in any way related to your
use of the Service, including any liability or expense arising from all claims,
losses, damages (actual and consequential), suits, judgments, litigation costs and
attorneys' fees, of every kind and nature. In such a case, myPPK will provide you
with written notice of such claim, suit or action.
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