www.allfreejewelrymaking.com Open in urlscan Pro
13.224.189.67  Public Scan

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Submission: On January 17 via api from BE — Scanned from DE

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TERMS OF SERVICE AGREEMENT 

This agreement (hereinafter, the "Agreement") between Prime Publishing LLC
(hereinafter, "PPL", "us" or "we") and you sets forth the terms and conditions
which govern your use of any of the PPL or PPL sponsored websites (hereinafter,
the "Sites") and/or the services (hereinafter, the "Services") thereon which are
provided by PPL. 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY OF THE SITES
AND/OR SERVICES. BY ACCESSING OR USING THE SITES AND/OR SERVICES, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITES OR
SERVICES AND SHOULD IMMEDIATELY CEASE SUCH USE. PPL MAY MODIFY THIS AGREEMENT AT
ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON NOTICE,
WHICH MAY BE ACCOMPLISHED BY POSTING THE MODIFIED AGREEMENT ON THE SITE OR VIA
EMAIL. YOUR USE OF ANY OF THE SITES AND/OR SERVICES FOLLOWING SUCH NOTICE SHALL
BE DEEMED YOUR ACCEPTANCE OF SUCH CHANGES. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE
OF THE SITE AND/OR THE SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT. IF WE REQUEST, YOU IRREVOCABLY AGREE TO SIGN A
NON-ELECTRONIC VERSION OF THIS AGREEMENT. 

1. Limited License; Use of Services. 

PPL grants to you a limited personal, non-exclusive and non-transferable right
and license to access the Sites and use the Services thereon. Unless otherwise
specified in writing, the Services are for your personal and non-commercial
use. 

PPL's Services shall contain, without limitation, email services, bulletin and
message boards, chat areas, news groups, forums, communities, calendars, and
various other message communication applications. 

 

 

2. Prohibited Activities. 

 1.  In connection with your use of the Sites and/or the Services, you
     acknowledge and agree that you will not: 

 2.  copy, reverse engineer, reverse assemble, otherwise attempt to discover the
     source code, distribute, transmit, display, perform, reproduce, publish,
     license, create derivative works from, transfer or sell any information,
     software, products or services obtained through the Sites or the Services; 

 3.  access the Sites or Services by any means other than through the standard
     industry-accepted or PPL-provided interfaces; 

 4.  transmit any message, information, data, text, software or image, or other
     content that is unlawful, harmful, threatening, abusive, harassing,
     tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable
     which may invade another's right of privacy or publicity; 

 5.  impersonate any person or entity, including without limitation, an PPL
     official, forum leader, chat room monitor, guide or host, or falsely state
     or otherwise misrepresent your affiliation with such a person or entity; 

 6.  post or transmit any material that contains a virus or corrupted data; 

 7.  delete any author attributions, legal notices or proprietary designations
     or labels that you upload to any communication feature; 

 8.  use of any Site or Service's communications features in a manner that
     adversely affects the availability of its resources to other users (e.g.,
     excessive shouting, use of all caps, or flooding continuous postings of
     repetitive text); 

 9.  post or transmit any unsolicited advertising, promotional materials, "junk
     mail", "spam," "chain letters," "pyramid schemes" or any other form of
     solicitation or any non-resume information such as opinions or notices,
     commercial or otherwise; 

 10. violate any applicable local, state, national or international law; 

 11. upload or transmit any material that infringes any patent, trademark, trade
     secret, copyright or other proprietary rights of any party; 

 12. delete or revise any material posted by any other person or entity; 

 13. .manipulate or otherwise display the Sites and/or the Services by using
     framing or similar navigational technology; 

 14. register, subscribe, attempt to register, attempt to subscribe,
     unsubscribe, or attempt to unsubscribe, any party for any PPL product or
     Service if you are not expressly authorized by such party to do so; or 

 15. use the Sites and/or the Services for any purpose that is unlawful or
     prohibited by these terms and conditions. You may not use the Site or the
     Services in any manner that could damage, disable, overburden or impair
     PPL's servers or networks, or interfere with any other user's use and
     enjoyment of the Sites and/or the Services. Furthermore, you may not
     attempt to gain unauthorized access to any of the Sites, Services,
     accounts, computer systems or networks connected to PPL through hacking,
     password mining or any other means. You may not obtain or attempt to obtain
     any materials or information through any means not intentionally made
     available through the Sites or the Services. 

 

3. Commercial Transactions. 

Certain products or Services may be offered for sale on the Sites. In the event
you wish to purchase or to subscribe for any of these products or Services, you
will be asked by PPL or an authorized third party to supply certain information,
including without limitation, your full name, address, telephone number and
credit card information. You agree to provide PPL or such third party with the
foregoing information as well as any other mandatory information that is
accurate, complete and current, and to comply with the terms and conditions of
any agreement that you may enter into governing your purchase of the product or
Service. You shall be responsible for all charges incurred through your account
as well as for paying any applicable taxes. 

Some services offered by PPL include downloadable information files, in exchange
for a one-time non-refundable fee. If you purchase one of these files from any
of PPL's Sites, you hereby agree to pay all charges to your account, including
any applicable taxes, in accordance with billing terms in effect at the time the
fee or charge becomes payable. Your fee entitles you to download the
informational file from the selected PPL website, and does not suggest any
further rights. Once you have downloaded the file, PPL will not be responsible
for your subsequent use or deletion of the file. 

Your right to use the Service or a specific product is conditional on our
receipt of payment. If payment cannot be charged to your credit card or if a
charge is refunded for any reason, including chargeback, we reserve the right to
either suspend or terminate your access and account, thereby terminating this
Agreement and all obligations hereunder. 

4. Message Boards and Chat Rooms. 

PPL hosts message boards, chats and other public forums on its Sites. Any user
failing to comply with the terms and conditions of this Agreement may be
expelled from and refused continued access to, the message boards, chats or
other public forums in the future. PPL or its designated agents may remove or
alter any user-created content at any time for any reason. Message boards, chats
and other public forums are intended to serve as discussion centers for users
and subscribers. Information and content posted within these public forums may
be provided by PPL staff, PPL's outside contributors, or by users not connected
with PPL, some of whom may employ anonymous user names. PPL expressly disclaims
all responsibility and endorsement and makes no representation as to the
validity of any opinion, advice, information or statement made or displayed in
these forums by third parties, nor are we responsible for any errors or
omissions in such postings, or for hyperlinks embedded in any messages. Under no
circumstances will we, our affiliates, suppliers or agents be liable for any
loss or damage caused by your reliance on information obtained through these
forums. The opinions expressed in these forums are solely the opinions of the
participants, and do not reflect the opinions of PPL or any of its subsidiaries
or affiliates. 

5. Monitoring. 

PPL has no obligation whatsoever to monitor any of the content or postings on
the message boards, chat rooms or other public forums on the Sites. However, you
acknowledge and agree that we have the absolute right to monitor the same at our
sole discretion. In addition, we reserve the right to alter, edit, refuse to
post or remove any postings or content, in whole or in part, for any reason and
to disclose such materials and the circumstances surrounding their transmission
to any third party in order to satisfy any applicable law, regulation, legal
process or governmental request and to protect ourselves, our clients, sponsors,
users and visitors. 

Materials posted and/or uploaded to the various public forums may be subject to
size and usage limitations. You are responsible for adhering to such
limitations. 

6. Third Party Content. 

In general, the content contained on any of the Sites or Services is supplied by
third parties and users. Accordingly, PPL is a distributor (and not a publisher)
of such content and has no more editorial control over such content than does a
public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made available by
third parties, including information providers, are those of the respective
authors or distributors, and not PPL. Neither PPL nor any third-party provider
of information guarantees the accuracy, completeness, or usefulness of any
content. Furthermore, PPL neither endorses nor is responsible for the accuracy
and reliability of any opinion, advice, or statement made on any of the Sites or
Services by anyone other than an authorized PPL representative while acting in
his/her official capacity. 

7. Sweepstakes, Contests and Games. 

PPL often provides sweepstakes, contests and games on its Sites. The rules,
regulations and procedures governing any of the foregoing shall be accessible
through a hypertext link prominently displayed on the web page where the
sweepstake, contest or game may be located. By entering or participating in any
of them, you agree to be subject to those rules, regulations and procedures.
Please remember to read the rules carefully before participating. 

8. Accounts, Passwords and Security. 

If any of the Sites or Services require you to open an account, you must
complete the registration process by providing PPL with current, complete and
accurate information, as prompted by the applicable registration form. You
acknowledge that by providing any information to PPL which is untrue,
inaccurate, not current or incomplete, PPL reserves the right to terminate this
Agreement and your continued access and use of the Sites and/or the Services. 

As part of the registration process, you will be asked to select a username and
password. You are entirely responsible for maintaining the security and
confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY
RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE
ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify PPL
immediately of any unauthorized use of your account or any other breach of
security. PPL will not be liable for any loss that you may incur as a result of
someone else using your password or account, either with or without your
knowledge. However, you may be held liable for any losses incurred by PPL or
another party due to someone else using your account or password. 

9. Disclaimer Regarding Links. 

The links on any of the Sites and/or Services will let you leave the particular
Site or Service you are accessing in order to access a linked site (the "Linked
Sites"). PPL provides these links as a convenience, but we neither control nor
endorse these Linked Sites, nor has PPL reviewed or approved the content which
appears on the Linked Sites. PPL is not responsible for the legality, accuracy
or inappropriate nature of any content, advertising, products or other materials
on or available from any Linked Sites. You acknowledge and agree that PPL 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 the use of any of the
links, content, goods or services available on or through the Linked Sites. 

10. Dealings with Third Parties. 

Your participation, correspondence or business dealings with any third party
found on or through our Sites and Services, regarding payment and delivery of
specific goods and services, and any other terms, conditions, representations or
warranties associated with such dealings, are solely between you and such third
party. You agree that PPL shall not be responsible or liable for any loss,
damage, or other matters of any sort incurred as the result of such dealings. 

11. Proprietary Rights. 

You acknowledge and agree that the Sites and Services contain proprietary and
confidential information that is protected by applicable intellectual property
and other laws, and are the sole property of PPL or its licensors. You further
acknowledge and agree that any content contained in advertisements or
information presented to you through advertisers concerning PPL or otherwise is
protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. 

By sending or transmitting to us creative suggestions, ideas, notes, concepts,
information, or other materials (collectively, " Submission Materials") or by
posting such Submission Materials on the Sites, you hereby grant to us and our
designees a worldwide, non-exclusive, sub licensable (through multiple tiers),
assignable, royalty-free, perpetual, irrevocable right to use, reproduce,
distribute (through multiple tiers), create derivative works of, publicly
perform, publicly display, digitally perform, make, have made, sell, offer for
sale and import such Submission Materials in any media now known or hereafter
devised, for any purpose whatsoever, commercial or otherwise, without
compensation to you, the provider of the Submission Materials. The foregoing
license to PPL shall be fully paid-up and royalty free. In addition, under no
circumstances shall PPL have any obligation whatsoever to pay a fee to any
subscriber or user in connection with the Submission Materials upon the
occurrence of a transfer of all or any portion of PPL's business through a
merger, sale or transfer of all or substantially all of the assets of PPL, nor
shall the sale of advertising on any of the Sites give rise to any obligation to
pay a fee to Subscribers. 

None of the Submission Materials disclosed or posted via message boards, chats
or other public forums shall be subject to any obligation, whether of
confidentiality, attribution, or otherwise, on PPL's part and we shall not be
liable for any use or disclosure of any such Submission Materials. 

12. Copyright Policy. 

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 the U.S. copyright law. If you believe in good faith that
materials hosted by PPL infringe your copyright, you, or your agent may send to
PPL a notice requesting that the material be removed or access to it be blocked.
Any notification by a copyright owner or a person authorized to act on its
behalf that fails to comply with requirements of the DMCA shall not be
considered sufficient notice and shall not be deemed to confer upon PPL actual
knowledge of facts or circumstances from which infringing material or acts are
evident. If you believe in good faith that a notice of copyright infringement
has been wrongly filed against you, the DMCA permits you to send to PPL a
counter-notice. All notices and counter notices must meet the then current
statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for
details. 

PPL's Copyright Agent for notice of claims of copyright infringement or counter
notices can be reached as follows:

Designated Agent:   Barbara Becker
Company:  Prime Publishing LLC
Address of Agent:   3400 Dundee Road, Suite 220, Northbrook, IL 60062
Telephone:   (847) 205-9375
Fax:   (847) 513-6099
E-mail for notice:   DMCA@primecp.com 

   

 

 

We suggest 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. 

13. Privacy. 

PPL's policy with respect to the collection and use of your personally
identifiable information is set forth at http://primecp.com/privacy-policy.  

14. Disclaimer of Warranties. 

THE SITES AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES
DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITES AND SERVICES ARE
PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PPL AND ITS AFFILIATES,
SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE
OF THE SITES AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND
FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (ii) THAT ANY
INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE, (iii) THAT
DEFECTS WILL BE CORRECTED, or (iv) THAT ANY SOFTWARE, SERVICES, SITES OR
SERVER(S) ON WHICH THE SERVICES AND SITES ARE HOSTED ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITES AND THE SERVICES AND ANY
INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITES AND SERVICES ARE
ENTIRELY AT YOUR OWN RISK. 

15. Limitation of Liability. 

NEITHER PPL NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR
SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY
OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR
OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY
ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE
SITES OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITES AND/OR THE
SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE
SITES AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED
THROUGH THE SITES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY
INFORMATION AVAILABLE ON THE SITES OR THE SERVICES; (vi) ANY DAMAGE CAUSED BY
LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR
ALTERATION OF ANY CONTENT ON THE SITES OR THE SERVICES, or (vii) ANY OTHER
MATTER RELATING TO THE SITES AND/OR THE SERVICES. IN NO EVENT SHALL PPL'S TOTAL
LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STATUTORY, OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SERVICES
OR THE SITES. 

16. Professional Advice Disclaimer. 

PPL'S SITES DO NOT PROVIDE MEDICAL OR COUNSELLING ADVICE. NOTHING STATED OR
POSTED ON ANY SITES OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND
MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR
PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES,
WITHOUT LIMITAITON, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH
CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. OUR SITES ARE
CONTINUALLY UNDER DEVELOPMENT AND PPL MAKES NO WARRANTY OF ANY KIND, IMPLIED OR
EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.
PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE
EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR CONTENT. 

17. Indemnification. 

You agree to indemnify, defend, and hold PPL and its subsidiaries, affiliates,
officers, directors, agents, co-branders or other partners, employees, and
representatives harmless from and against any and all claims, damages, losses,
costs or expenses (including reasonable attorneys' fees and disbursements) which
arise directly or indirectly out of or from (i) your breach of this Agreement,
(ii) any allegation that any materials that you submit to PPL or post on any
forums (e.g., message boards, chat rooms) infringe or otherwise violate the
copyright, trade secret, trademark or other intellectual property rights of a
third party, and (iii) your access or use of the Sites and/or the Services. This
Section 17 shall survive in the event this Agreement is terminated for any
reason. 

18. Jurisdictional Issues. 

PPL makes no representation or warranty that the content and materials on the
Sites and/or the Services are appropriate or available for use in locations
outside the United States. Those who choose to access the Sites or use the
Services from other locations do so on their own initiative and at their own
risk, and are responsible for compliance with local laws, if and to the extent
applicable. PPL reserves the right, at any time in our sole discretion, to limit
the availability and accessibility of the Sites and/or the Services to any
person, geographic area, or jurisdiction we so desire, and to limit the
quantities of any such Service or products that we provide. 

19. Termination. 

This Agreement shall remain effective until terminated in accordance with its
own terms and conditions. You agree that PPL, in its sole discretion, may
terminate your password, account (in whole or in part), or use of the Sites or
Services, and remove and discard any content within the Sites, at any time and
for any reason. You agree that any actions taken under this Section 19 may be
effective without prior notice to you. In the event of termination, however,
those Sections in this Agreement which provide for continuing obligations on
your part shall survive indefinitely. 

20. General Information. 

This Agreement constitutes the entire agreement and understanding between you
and PPL and governs your use of the Sites and the Services, superseding any
prior agreements between you and PPL. This Agreement and the relationship
between you and PPL shall be governed by and construed in accordance with the
laws of the State of Illinois, without regard to its conflict of law provisions.
You and PPL irrevocably agree to submit to the personal and exclusive
jurisdiction of the federal and state courts located within the county of Cook,
in the State of Illinois, and waive any jurisdictional, venue, or inconvenient
forum objections to such courts. The failure of PPL to exercise or enforce any
right or provision of this Agreement shall not constitute a waiver of such right
or provision. If any provision of this Agreement is found by a court of
competent jurisdiction to be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severed here from and shall not affect the
validity and enforceability of any remaining provisions. The section titles in
this Agreement are for convenience purposes only and have no legal or
contractual effect. This Agreement is not assignable, transferable or
sub-licensable by you except with our prior written consent. However, we may
assign this Agreement to any third party whom we choose without your consent. No
waiver by PPL of any breach or default hereunder shall be deemed a waiver of any
preceding or subsequent breach or default. 

21. Legal Notice. 

Under California Civil Code Section 1789.3, California residents are entitled to
the following specific consumer rights information: Complaints. The Complaint
Assistance Unit of the Division of Consumer Services of the Department of
Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080,
Sacramento, California 95814, or by telephone at (916) 445-1254 or (800)
952-5210. 

 

 



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