Copyrights Information
All content on the Website, including all text, graphics, artwork, logos, buttons, icons, images, audio clips, video clips, software and code, is the copyrighted property of the Company or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. Any unauthorized use of materials on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations or statutes. Except as allowed in these Terms of Use, such content may not be reproduced, modified, edited, distributed, republished, downloaded, displayed, posted, sold, or transmitted (in whole or in part) in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or otherwise, without the express prior written permission of PROJECTIVITIES.COM or any other copyright owner.
- Trademarks
- The trademarks, service marks, logos, graphics, page headers, button icons, scripts, domain names, URLs and other identifiers (“Trademarks”) used and displayed on the Website are registered and unregistered Trademarks of the Company and others in the United States and other countries. No display or use of such Trademarks may be made without the express prior written permission of PROJECTIVITIES.COM or other Trademark owner, as the case may be. You may not use any meta tags or any other “hidden text” utilizing PROJECTIVITIES.COM’s name or Trademarks without the express prior written permission of PROJECTIVITIES.COM.
- If you believe that material included on the Website infringes another party’s trademark rights, contact us promptly so PROJECTIVITIES.COM may investigate the situation and, if appropriate, block or remove the material.
- Security
When you login to Services requiring a username, password and any other required credentials, any personal information you enter in fields or forms provided in these Services are secured using an industry standard security technology known as Secure Sockets Layer (“SSL”). By using SSL, we attempt to safeguard the confidentiality of your username, password and other personal information. For SSL to work, your browser must be capable of supporting SSL. Please check with your browser manufacturer for details. - User Conduct
While using the Website or any Service, you may not:- Retransmit, republish, distribute, reuse, resell, repost, re-engineer or make multiple copies of the Website or any portion thereof without PROJECTIVITIES.COM’s prior written consent.
- Upload, post, publish, transmit, reproduce or distribute through the Website any material that infringes any third party’s copyright, patent, trademark, service mark, trade dress, trade secret or other proprietary rights, or which violates any contractual, fiduciary, or judicially imposed nondisclosure obligations.
- Engage in conduct, during use of the Website, that is unlawful, threatening, harassing, abusive, fraudulent, defamatory, libelous or invasive of the privacy or publicity rights of others.
- Upload, post, publish, transmit, reproduce or distribute through the Website any material that contains advertising solicitations, bulk unsolicited emails or spam, chain letters, pyramid opportunities or offers for the sale of goods or services.
- Upload, post, publish, transmit, reproduce or distribute through the Website, or place any links on the Website to, any material that is vulgar, obscene, profane, hateful, sexually explicit or otherwise objectionable.
- Alter, interfere or disrupt the content or functioning of the Website or the Service, including but not limited to uploading, posting or transmitting any material that (i) contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that damage, interfere with, capture, intercept or expropriate the Website or any data contained therein; or (ii) disproportionately burdens the operation of the Website.
- Use the Website to gain unauthorized entry or access to other computer systems or networks.
- “Mirror” the Website or any of its content on any other server without the express prior written permission of PROJECTIVITIES.COM.
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content you post or otherwise transmit to us or via the Website.
- Upload, post, publish, transmit, reproduce or distribute through the Website any material encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, regulation or government order.
- Termination
In PROJECTIVITIES.COM’s sole and absolute discretion, we may, without notice, restrict or terminate any person’s use of the Website and any service, user accounts, usernames, or passwords. Upon termination, you agree to immediately delete or destroy any downloaded or printed material obtained from the Website. Any such restriction or termination will not relieve any person of obligations incurred and accrued prior to the effective date of such termination. - Disclaimer of Warranties
- The Website and any content, information, software, functions and applets provided on or through the Website are made available on an “as is” and “as available” basis. PROJECTIVITIES.COM does not warrant the Website or any content or Service provided in connection with the Website will be timely, secure, uninterrupted or error-free, or that defects in the Website or in any content or service provided on or through the Website, if any exist from time to time, will be corrected.
- The Company will not be responsible for errors, omissions, interruptions, deletions, defects or delays in the operation or transmission of the Website, any Services or related content, for communication line failures, or for computer viruses associated with the operation of the Website. The Company makes no warranty regarding any information made available through or on the Website. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
- No PROJECTIVITIES.COM employee, agent, representative or any third party is authorized to create any warranty of any kind not expressly made in these Terms of Use.
- Limitation of Liability
- COM, its affiliates or subsidiaries, and their officers, directors, employees, agents, successors, or assigns, will not be liable to you or any third party for any indirect, consequential, incidental, exemplary, special or punitive damages (including without limitation damages resulting from lost data, lost profits or costs of procurement of substitute products or services) arising out of or in connection with the Website or any of the Services available on or through the Website.
- In no event will the liability of PROJECTIVITIES.COM, its affiliates or subsidiaries, or their officers, directors, employees, agents, successors or assigns, under any theory of liability (whether in contract, tort, strict liability or otherwise) exceed $500, regardless of whether such parties have been advised of the possibility of such damages. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN SECTION 11 (“DISCLAIMER OF WARRANTIES”) AND THIS SECTION 12 (“LIMITATION OF LIABILITY”) MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Indemnity
You agree to defend, indemnify, and hold harmless PROJECTIVITIES.COM, its affiliates and subsidiaries, and their officers, directors, employees, agents, successors or assigns from any and all claims, liabilities, costs, and expenses (including reasonable attorneys’ and experts’ fees) arising in any way from your use of the Website or the placement or transmission of any message, information, software, or other materials or content on or through the Website by you or users of your User Account or related to any violation of these Terms of Use by you or users of your User Account. - Other
- The Company controls and operates this Website from its headquarters in Elmont, New York, USA. If you use this Website from other locations you are responsible for compliance with applicable local laws. These Terms of Use will be governed by the substantive laws of the State of New York, as applied to contracts entered into between New York residents and performed in New York, regardless of whether you reside or transact business with the Company in New York or elsewhere.
- Use of the Website will be deemed to take place solely in New York. You agree the courts located in Elmont, New York, will have exclusive jurisdiction over any and all disputes arising out of or related to these Terms of Use or your use of the Website, and you agree to submit to the jurisdiction of such court. The prevailing party in any dispute will be entitled to its reasonable attorneys’ fees and costs, in addition to all other available recovery and relief.
- If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- The Terms of Use, which incorporate by reference PROJECTIVITIES.COM’s Website Privacy Policy, state the entire agreement between you and PROJECTIVITIES.COM relating to your use of the Website, and all prior and contemporaneous agreements and understandings relating to the subject matter of these Terms of Use are superseded by and merged into these Terms of Use. These Terms of Use may not be amended except by PROJECTIVITIES.COM as provided herein.
You may direct any questions about these Terms of Use to:
Communications Director, Projectivities.com, 651 Dauntless Pkwy, Elmont, NY 11003