Terms of Use
Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY USING THE PROGRESSIVE
MEDIA INTERNATIONAL WEB SITE (PROGRESSIVE MEDIA INTERNATIONAL SITE), YOU AGREE
TO THE TERMS CONTAINED IN THESE TERMS OF USE (THE AGREEMENT).
INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the Progressive Media Group
Site and the text, software, music, sound, photographs, video, graphics, domain
names, URL's, advertisements, commercially produced information, and other materials
contained on the Progressive Media International Site (Progressive Media International Content),
including without limitation any inventive concepts, know-how, publicity rights,
trademarks, trade-dress, trade secrets, copyrights and patents (Intellectual
Property), are the sole property of Progressive Media International (Progressive
Media International) or its third party licensors, and, except as provided
in this Agreement, may not be copied, reproduced, modified, uploaded, downloaded,
transmitted, or distributed in any way. Except as provided in this Agreement, Progressive
Media International does not grant to you any express or implied rights to Progressive Media
International's or any third party's Intellectual Property. The Progressive Media International
Intellectual Property is protected by copyright, trade secret, and other intellectual
property laws and by international treaties, all of which provide rights and obligations
that are supplemental to the rights and obligations set forth in this Agreement.
USE OF Progressive Media International CONTENT
You understand and agree that you are permitted to use Progressive Media International Content
only as expressly authorized by Progressive Media International or its third party licensors,
as applicable. You may download, view, copy and print Progressive Media International Content,
subject to the following: (a) the Progressive Media International Content may be used solely
for personal, informational, non-commercial purposes; (b) proprietary rights notices
may not be removed or altered; and (c) the Progressive Media International Content may not
be modified or altered in any way.
TRADEMARKS
All Progressive Media International graphics, logos, page headers, button icons, scripts,
commercial markings and service names are registered trademarks, trademarks or trade
dress of Progressive Media International. Progressive Media International's trademarks and trade
dress may not be used in connection with any product or service that is not Progressive
Media International's, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits Progressive Media International. All other
trademarks not owned by Progressive Media International that appear on the Progressive Media
International Site are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by Progressive Media International
USER RESPONSIBILITIES
In consideration for your use of the Progressive Media International Site, you must: (1)
provide all equipment necessary for accessing and utilizing the Progressive Media
International Site; (2) provide for your own access to the World Wide Web and pay any telephone
service fees or other charges associated with your access; and (3) agree to adhere
to the terms of this Agreement. If you decide to purchase products or services through
the Progressive Media International Site via the E-Store, you agree to: (1) provide certain
current, complete, and accurate information about yourself as prompted to do so
during checkout (this information will be referred to as Customer Information);
and (2) maintain and update your Customer Information as required to keep it current,
complete and accurate. All Customer Information will be handled in accordance with
the terms of the Progressive
Media International Privacy Policy. Progressive Media International reserves the right to
terminate your right to use the Progressive Media International Site or block your access
to the Progressive Media International Site if Progressive Media International learns that you have
provided Progressive Media International with false, inaccurate or misleading Customer Information
or that you have otherwise violated this Agreement. Progressive Media International reserves
the right to change its criteria for allowing access to the Progressive Media International
Site, at any time, in its sole discretion.
LINKS TO OR COMMUNICATIONS WITH THIRD PARTY WEB SITES AND SERVICES
Any links, including click-through and other advertisements and promotions, on the
Progressive Media International Site to third party web sites or resources are provided
solely for your convenience. By clicking on any link to a third party web site you
acknowledge and agree that, unless expressly stated otherwise: (1) you will be leaving
the Progressive Media International Site; (2) Progressive Media International has not reviewed,
does not monitor, and has no control over the content, advertising, order fulfillment,
billing, customer service, products, or availability of any third party web sites
or resources, and you bear all risks associated with the use of third party web
sites or resources; and (3) Progressive Media International is not responsible or liable,
directly or indirectly, for any loss or damage of any sort incurred or alleged to
be caused by or in connection with your use of or reliance on any content, products,
or services available on third party web sites or resources, or for your purchase
of products from third party web sites whose products may also be offered through
the Progressive Media International Site.
USER MATERIALS
The Progressive Media International Site contains e-mail and other functions for you to
provide files, data, media, orders, product inquiries, graphics, text or other information
to Progressive Media International (User Materials). You hereby grant (or warrant that the
owner of rights to the content or information has expressly granted) Progressive
Media International the world-wide, royalty free and non-exclusive license to use, reproduce,
modify, adapt, publish, translate, create derivative works of, distribute, perform,
and display User Materials (in whole or in part) and to incorporate them in other
works in any form, media, or technology now known or later developed on the Progressive
Media International Site. User Materials do not include your Customer Information, which
is handled in accordance with the
Progressive Media International Privacy Policy. You agree not to provide Progressive
Media International with any User Materials that are confidential. You understand that the
technical processing and transmission of information on the Progressive Media International
Site may involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. In the event
that you make accessible communications or other materials that infringe the copyrights
of a third party, Progressive Media International will terminate your access to the Progressive
Media International Site in accordance with Progressive Media International's Copyright Policy as
set forth below.
PERSONALLY IDENTIFIABLE INFORMATION
For detailed information regarding Progressive Media International's use of your Customer
Information and any other personally identifiable information you may submit, please
read our Privacy Policy.
IDEA SUBMISSION POLICY
Progressive Media International will not accept or consider unsolicited ideas, including
without limitation ideas for new products, services, advertising campaigns, promotions,
technologies, processes, materials, marketing plans, or product names. The purpose
of this policy is to avoid potential misunderstandings or disputes when Progressive
Media International products or services (collectively, Progressive Media International Products)
might seem similar to ideas submitted to Progressive Media International. Please do not
send your unsolicited ideas or any original materials (e.g., creative artwork, samples,
demos, or other works) to Progressive Media International or anyone at Progressive Media
International. If, despite this request, you still send us your ideas and materials, please
understand that Progressive Media International will not treat your ideas or materials as
confidential or proprietary.
TERMINATION
Progressive Media International may terminate this Agreement at any time with or without
cause. You agree that Progressive Media International, in its sole discretion, may terminate
your access to all or a portion of the Progressive Media International Site, cancel any
orders you have placed for products or services via the E-Store, and remove and
discard any User Materials or Customer Information within the Progressive Media
International Site, for any reason, including, without limitation, lack of use, or if Progressive
Media International believes that you have violated this Agreement. You agree that any termination
of your access to the Progressive Media International Site may be effected without prior
notice, and acknowledge and agree that Progressive Media International may delete your account
information in accordance with the Progressive Media International Privacy Policy and/or
prevent any further access to the Progressive Media International Site. Further, you agree
that Progressive Media International will not be liable to you or any third party as a result
of Progressive Media International's termination of your access to the Progressive Media
International Site. Should you object to any provision of this Agreement or any subsequent
modifications to it, or become dissatisfied with the Progressive Media International Site
in any way, your only recourse is to cancel your account by sending a request for
cancellation to Progressive Media International
info@worldmarketintelligence.com. Upon confirmation of your request,
your account will be cancelled and all your User Materials and Customer Information
will be deleted in accordance with the Progressive Media International Privacy Policy.
ACCEPTABLE USE
In consideration of your use of the Progressive Media International Site, you understand
and agree that you are solely and entirely responsible for any and all activities
that occur under your account. You agree to immediately notify Progressive Media
International of any unauthorized use of your account or any other breach of security of
which you are aware.
You agree that you will use the Progressive Media International Site in a manner that complies
with all applicable, international, federal, state, and local laws, and, subject
to Progressive Media International's obligations under its Privacy Policy, you acknowledge
that you are solely responsible for any User Materials that you upload, download,
transmit or otherwise process using the Progressive Media International Site.
You agree not to:
- (a) upload, download or transmit via the Progressive Media International Site any User Materials
that are offensive, vulgar, profane, obscene, sexually explicit, pornographic, inflammatory,
harassing, excessively violent, threatening, tortuous, invasive of another's privacy
or publicity rights, abusive, hateful, libelous or defamatory, plagiarized, harmful
to minors, racially, ethnically, or otherwise objectionable in any way, infringe
any patent, trademark, copyright, rights of publicity, or other intellectual property
right, would constitute or encourage a criminal offense, violate the rights of any
party, would otherwise give rise to criminal or civil liability or violate any local,
state, national, or international law, contain direct links (by a single click)
to web sites that contain information of the kind described in this section, or
constitute unsolicited promotions, advertising materials, "spam," chain-letters,
or other such solicitation;
- (b) use the Progressive Media International Site to publicly broadcast, transmit, or display
User Materials for "pay-per-download" or other commercial purposes, or
which include a virus, worm, Trojan-horse, sniffer, or other code designed to acquire
information about other users or disrupt the functionality or availability of any
computer program, database, the Progressive Media International Site or any Internet host;
- (c) disguise your identity by spoofing, forging headers, using third-party relayers,
or otherwise obscuring the origin of transmitted User Materials including impersonating
another person or entity;
- (d) disrupt or interfere with the security of, or otherwise abuse, the Progressive
Media International Site, or any services, system resources, accounts, servers or networks
connected to or accessible through the Progressive Media International Site or affiliated
or linked services, or use any device or software designed to circumvent technological
measures employed to control access to the Progressive Media International Site or products
made available on the Progressive Media International Site;
- (e) harvest or otherwise collect information about others, including e-mail addresses,
without their express consent;
- (f) sublicense, lease, rent, sell, resell, or otherwise transfer rights to the Progressive
Media International Site or exploit for any commercial purposes any use of the Progressive
Media International Site;
- (g) modify, translate, decompile, reverse-engineer, disassemble, or create derivative
works based on the Progressive Media International Site, or bypass the Progressive Media
International Site and directly access any individual components of or products that are
included in the Progressive Media International Site; or
- (h) alter or remove any copyright, trademark, logo, symbol, or proprietary or other
legal notices displayed on the Progressive Media International Site or in Progressive Media
International Content printed or downloaded through the Progressive Media International Site, or
contained in or included with products or services received through the Progressive
Media International Site.
NO OTHER WARRANTIES
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN THIS AGREEMENT AND ANY APPLICABLE
PROGRESSIVE MEDIA INTERNATIONAL END USER LICENSE AGREEMENT, THE PROGRESSIVE MEDIA INTERNATIONAL
SITE AND PRODUCTS OFFERED THROUGH THE PROGRESSIVE MEDIA INTERNATIONAL SITE UNDER THIS AGREEMENT
ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT,
OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE
OF DEALING, OR COURSE OF PERFORMANCE. PROGRESSIVE MEDIA INTERNATIONAL DOES NOT AUTHORIZE
ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
PROGRESSIVE MEDIA INTERNATIONAL AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT
YOUR USE OF THE PROGRESSIVE MEDIA INTERNATIONAL SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
ERROR-FREE OR VIRUS-FREE. PROGRESSIVE MEDIA INTERNATIONAL AND ITS VENDORS AND SERVICE PROVIDERS
DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY
CONTENT, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR THE PROGRESSIVE
MEDIA INTERNATIONAL SITE OBTAINED FROM PROGRESSIVE MEDIA INTERNATIONAL OR A THIRD PARTY SOURCE OTHER
THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW. YOU UNDERSTAND AND AGREE
THAT ANY PROGRESSIVE MEDIA INTERNATIONAL CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED
OR TRANSMITTED BY YOU THROUGH USE OF THE PROGRESSIVE MEDIA INTERNATIONAL SITE IS DONE AT
YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT
FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR MATERIAL.
YOU UNDERSTAND AND AGREE THAT ANY THIRD PARTY PRODUCTS OR SERVICES PURCHASED THROUGH
USE OF THE PROGRESSIVE MEDIA INTERNATIONAL SITE ARE GOVERNED SOLELY BY THE THIRD PARTY'S
TERMS AND CONDITIONS AND APPLICABLE END USER LICENSE AGREEMENTS, AND PROGRESSIVE
MEDIA INTERNATIONAL HAS NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES. SOME JURISDICTIONS
DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PROGRESSIVE MEDIA INTERNATIONAL,
ITS LICENSORS, VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES
OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY
OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL,
INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF
PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF
INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE PROGRESSIVE MEDIA
INTERNATIONAL SITE, THE PRODUCTS OFFERED THROUGH THE PROGRESSIVE MEDIA INTERNATIONAL SITE, INCLUDING
WITHOUT LIMITATION THE PROGRESSIVE MEDIA INTERNATIONAL PRODUCTS OR ANY THIRD PARTY PRODUCTS
OR SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, WHETHER
OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF PROGRESSIVE MEDIA INTERNATIONAL WAS ADVISED
THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY INCLUDES,
BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT,
FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE
OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER),
UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES
OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. PROGRESSIVE MEDIA INTERNATIONAL CANNOT AND
DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE PROGRESSIVE
MEDIA INTERNATIONAL SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE
MAXIMUM LIABILITY OF PROGRESSIVE MEDIA INTERNATIONAL FOR DAMAGES WILL NOT EXCEED, IN THE
AGGREGATE, $100.00.
INDEMNITY
You agree to indemnify and hold Progressive Media International and its suppliers, licensors,
vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders
or other partners, 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
Progressive Media International Site, and User Materials you submit, transmit, store, upload
or download through the Progressive Media International Site, any product received by you
through the Progressive Media International Site, or any violation of this Agreement or
the rights of others.
COPYRIGHT POLICY - NOTICE TO Progressive Media International REGARDING ALLEGED COPYRIGHT
INFRINGEMENT
Progressive Media International respects the Intellectual Property rights of others, and
expects its users to do the same. In accordance with the
Digital Millennium Copyright Act (DMCA) , Progressive Media
International has designated an agent to receive notifications of alleged copyright infringement
associated with the Progressive Media International Site. Progressive Media International will,
upon receiving proper notice as set forth below, use commercially reasonable efforts
to remove or disable access to any such material as set forth in the DMCA. If you
believe that your copyrighted work or the copyrighted work of another party is being
infringed, please notify our copyright agent:
Copyright Agent
E-Mail: dataprotection@progressivemediagroup.com
Head Office at Progressive House, 2 Maidstone Road, Foots Cray, Sidcup, Kent. DA14
5HZ.
When notifying us of the alleged copyright infringement, please include all of the
following information:
a) A physical or electronic signature of a person authorized to act on behalf of
the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing and information
reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address;
e) A statement that the complaining party has a good faith belief that the 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.
Progressive Media International reserves the right to terminate your use of the Progressive
Media International Site for any actual or alleged copyright infringement.
NOTICES
All notices to a party shall be in writing and shall be made via e-mail to info@worldmarketintelligence.com
for notices to Progressive Media International, or to the e-mail address that you provide
to Progressive Media International as part of your Customer Information for notices to you,
or such other address as either party may specify. Notice shall be deemed given
48 hours after the e-mail is sent, unless the sending party is notified that the
e-mail address is invalid. Alternatively, notices to Progressive Media International may
be sent by regular mail, postage prepaid to Progressive Media International's address provided
below. Progressive Media International may also broadcast notices or messages, or other
matters of importance, on this web site; such broadcasts will constitute notice
to you.
EXPORT
You may not export from the United States or allow the export or re-export of any
part of the Progressive Media International Site or products obtained via the Progressive
Media International Site, in violation of any restrictions, laws or regulations of the United
States Department of Commerce, the United States Department of Treasury Office of
Foreign Assets Control, or any other United States or applicable foreign agency
or authority. You agree to defend and indemnify Progressive Media International from and
against any damages, fines, penalties, assessments, liabilities, costs and expenses
(including reasonable attorneys' fees and court costs) arising out of any claim
that the Progressive Media International Site, or any product or other information or materials
obtained from Progressive Media International were exported or otherwise accessed, shipped
or transported in violation of this Section and all applicable laws and regulations.
MISCELLANEOUS
Entire Agreement. This Agreement (and any additions or modifications
to this Agreement mutually agreed to in writing by the parties), and any applicable
End User License Agreement(s), shall constitute the entire agreement and understanding
between you and Progressive Media International with respect to the Progressive Media International
Site and purchases made via the E-Store. While Progressive Media International reserves
the right to modify this Agreement at any time, the terms and conditions contained
in this Agreement may not be modified by you unless both you and an authorized representative
of Progressive Media International execute a separate written agreement.
Severability. If any provision of this Agreement is held to be
unenforceable for any reason, that provision will be reformed only to the extent
necessary to make it enforceable, and that determination will not affect the enforceability
of the provision at issue or of the remaining provisions of this Agreement.
Applicable Law. This agreement is subject to applicable United
States federal laws and federal and state tariffs, if any, and the laws of the State
of New Hampshire, without regard to conflicts of law provisions, and you hereby
consent to the exclusive jurisdiction of the state and federal courts residing in
the State of New Hampshire. The United Nations Convention on Contracts for the International
Sale of Goods does not apply to this Agreement.
Assignment. Progressive Media International may assign its rights and duties
under this Agreement without the assignment being considered a change to the Agreement
and without notice to you. We are then released from all liability. You may not
assign this Agreement without the prior written consent of Progressive Media International.
All rights and obligations under this Agreement will bind and inure to the benefit
of the parties to this Agreement and their respective successors and permitted assigns.
