Terms & Conditions
Effective Date: April 22nd, 2021
Site Covered:
THE AGREEMENT: The use of this website and services on this website provided by 301 Media
(hereinafter referred to as "Company") are subject to the following Terms & Conditions
(hereinafter the "Agreement"), all parts and sub-parts of which are specifically incorporated by
reference here. This Agreement shall govern the use of all pages on this website (hereinafter
collectively referred to as "Website") and any services provided by or on this Website
("Services").
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website,
makes the Website, and certain Services on it, available to users. 301 Media, Company, Us, We,
Our, Ours and other first-person pronouns will refer to the Company, as well as all employees
and affiliates of the Company.
b) You, the User, the Client: You, as the user of the Website, will be referred to
throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or
Client.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be
referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and that
You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the
Website immediately. The Company only agrees to provide use of this Website and Services to You
if You assent to this Agreement.
3) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result of Your use of the
Website or Services. Such information may include, but is not limited to, documentation, data,
or information developed by the Company, and other materials which may assist in Your use of the
Website or Services ("Company Materials"). Subject to this Agreement, the Company grants You a
non-exclusive, limited, non-transferable and revocable license to use the Company Materials
solely in connection with Your use of the Website and Services. The Company Materials may not be
used for any other purpose, and this license terminates upon Your cessation of use of the
Website or Services or at the termination of this Agreement.
4) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property of
the Company, including all copyrights, trademarks, trade secrets, patents, and other
intellectual property ("Company IP"). You agree that the Company owns all right, title and
interest in and to the Company IP and that You will not use the Company IP for any unlawful or
infringing purpose. You agree not to reproduce or distribute the Company IP in any way,
including electronically or via registration of any new trademarks, trade names, service marks
or Uniform Resource Locators (URLs), without express written permission from the Company.
a) In order to make the Website and Services available to You, You hereby grant the
Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast,
transmit and make derivative works of any content You publish, upload, or otherwise make
available to the Website ("Your Content"). The Company claims no further proprietary rights in
Your Content.
b) If You feel that any of Your intellectual property rights have been infringed or
otherwise violated by the posting of information or media by another of Our users, please
contact Us and let Us know.
5) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us. When You do
so, You will choose a user identifier, which may be Your email address or another term, as well
as a password. You may also provide personal information, including, but not limited to, Your
name. You are responsible for ensuring the accuracy of this information. This identifying
information will enable You to use the Website and Services. You must not share such identifying
information with any third party, and if You discover that Your identifying information has been
compromised, You agree to notify Us immediately in writing. Email notification will suffice. You
are responsible for maintaining the safety and security of Your identifying information as well
as keeping Us apprised of any changes to Your identifying information. Providing false or
inaccurate information, or using the Website or Services to further fraud or unlawful activity
is grounds for immediate termination of this Agreement.
6) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose
prohibited under this clause. You agree not to use the Website or Services in any way that could
damage the Website, Services, or general business of the Company.
a) You further agree not to use the Website or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may
damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate, or discrimination
towards any group;
VIII) To unlawfully gather information about others.
7) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us with certain information.
By using the Website or the Services, You authorize the Company to use Your information in the
United States and any other country where We may operate.
a) Information We May Collect or Receive: When You register for an account, You provide Us
with a valid email address and may provide Us with additional information, such as Your name or
billing information. Depending on how You use Our Website or Services, We may also receive
information from external applications that You use to access Our Website, or We may receive
information through various web technologies, such as cookies, log files, clear gifs, web
beacons or others.
b) How We Use Information: We use the information gathered from You to ensure Your
continued good experience on Our website, including through email communication. We may also
track certain aspects of the passive information received to improve Our marketing and
analytics, and for this, We may work with third-party providers.
c) How You Can Protect Your Information: If You would like to disable Our access to any
passive information We receive from the use of various technologies, You may choose to disable
cookies in Your web browser. Please be aware that the Company will still receive information
about You that You have provided, such as Your email address. If You choose to terminate Your
account, the Company will store information about You for the following number of days: 180.
After that time, it will be deleted.
8) SALES
The Company may sell goods or services or allow third parties to sell goods or services on
the Website. The Company undertakes to be as accurate as possible with all information regarding
the goods and services, including product descriptions and images. However, the Company does not
guarantee the accuracy or reliability of any product information, and You acknowledge and agree
that You purchase such products at Your own risk.
9) RETURNS & REFUND POLICY
You agree to ensure payment for any items You may purchase from Us, and You acknowledge
and affirm that prices are subject to change. We reserve the right to reject or cancel an order
for any reason, including errors or omissions in the information You provide to Us. If We do so
after payment has been processed, We will issue a refund to You in the amount of the purchase
price. We also may request additional information from You prior to confirming a sale, and We
reserve the right to place any additional restrictions on the sale of any of Our products. For
the sale of our digital products, We will charge Your credit or debit card when the product is
made available to You for digital use and/or download. For any questions, concerns, or disputes,
You agree to contact Us in a timely manner at the following: support@presspog.com. If You are
unhappy with anything You have purchased on Our Website, You may do the following:
Customers can request a refund by contacting us: support@presspog.com.
We offer a full 30 day money back guarantee for our subscriptions as long as these
conditions are met:
1) The subscription has not used any credits.
If credits have been used on the subscription, a pro rated refund will be given.
10) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software
from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access,
circumvention of encryption or other security tools, data mining or interference to any host,
user or network.
11) DATA LOSS
The Company does not accept responsibility for the security of Your account or content.
You agree that Your use of the Website or Services is at Your own risk.
12) INDEMNIFICATION
You agree to defend and indemnify the Company and any of its affiliates (if applicable)
and hold Us harmless against any and all legal claims and demands, including reasonable
attorney's fees, which may arise from or relate to Your use or misuse of the Website or
Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company
shall be able to select its own legal counsel and may participate in its own defense, if the
Company wishes.
13) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company's Services for
illegal spam activities, including gathering email addresses and personal information from
others or sending any mass commercial emails.
14) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third party websites or other services. You
agree that the Company is not responsible or liable for any loss or damage caused as a result of
Your use of any third party services linked to from Our Website.
15) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify this
Agreement. You agree that the Company has the right to modify this Agreement or revise anything
contained herein. You further agree that all modifications to this Agreement are in full force
and effect immediately upon posting on the Website and that modifications or variations will
replace any prior version of this Agreement, unless prior versions are specifically referred to
or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by
any court of law, You agree that the prior, effective version of this Agreement shall be
considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at
the top of this Agreement to note modifications or variations. You further agree to clear Your
cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your
continued use of the Website after any modifications to this Agreement is a manifestation of
Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this
Agreement, You agree that such failure shall be considered an affirmative waiver of Your right
to review the modified Agreement.
16) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to
any and all use of this Website. This Agreement supersedes and replaces all prior or
contemporaneous agreements or understandings, written or oral, regarding the use of this
Website.
17) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website to perform maintenance or
emergency services on a scheduled or unscheduled basis. You agree that Your access to the
Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the
Company shall have no liability for any damage or loss caused as a result of such downtime.
18) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or
without cause. The Company specifically reserves the right to terminate this Agreement if You
violate any of the terms outlined herein, including, but not limited to, violating the
intellectual property rights of the Company or a third party, failing to comply with applicable
laws or other legal obligations, and/or publishing or distributing illegal material. If You have
registered for an account with Us, You may also terminate this Agreement at any time by
contacting Us and requesting termination. At the termination of this Agreement, any provisions
that would be expected to survive termination by their nature shall remain in full force and
effect.
19) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and
that any Services provided by Us are on an "As Is" basis. The Company hereby expressly disclaims
any and all express or implied warranties of any kind, including, but not limited to the implied
warranty of fitness for a particular purpose and the implied warranty of merchantability. The
Company makes no warranties that the Website or Services will meet Your needs or that the
Website or Services will be uninterrupted, error-free, or secure. The Company also makes no
warranties as to the reliability or accuracy of any information on the Website or obtained
through the Services. You agree that any damage that may occur to You, through Your computer
system, or as a result of loss of Your data from Your use of the Website or Services is Your
sole responsibility and that the Company is not liable for any such damage or loss.
20) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of Your use of
the Website or Services, to the fullest extent permitted by law. The maximum liability of the
Company arising from or relating to this Agreement is limited to the greater of one hundred
($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section
applies to any and all claims by You, including, but not limited to, lost profits or revenues,
consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
21) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be
in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services,
You agree that the laws of the State of Illinois shall govern any matter or dispute relating to
or arising out of this Agreement, as well as any dispute of any kind that may arise between You
and the Company, with the exception of its conflict of law provisions. In case any litigation
specifically permitted under this Agreement is initiated, the Parties agree to submit to the
personal jurisdiction of the state and federal courts of the following county: United States,
Illinois. The Parties agree that this choice of law, venue, and jurisdiction provision is not
permissive, but rather mandatory in nature. You hereby waive the right to any objection of
venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of
this Agreement, the Parties shall first attempt to resolve the dispute personally and in good
faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to
binding arbitration. The arbitration shall be conducted in the following county: United States.
The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no
authority to add Parties, vary the provisions of this Agreement, award punitive damages, or
certify a class. The arbitrator shall be bound by applicable and governing Federal law as well
as the law of the following state: Illinois. Each Party shall pay their own costs and fees.
Claims necessitating arbitration under this section include, but are not limited to: contract
claims, tort claims, claims based on Federal and state law, and claims based on local laws,
ordinances, statutes or regulations. Intellectual property claims by the Company will not be
subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in
agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial
in regard to arbitral claims.
d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold,
leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights
granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights
and liabilities of the Company will bind and inure to any assignees, administrators, successors,
and executors.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or
unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will
be enforced to the maximum extent possible. In such condition, the remainder of this Agreement
shall continue in full force.
f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this
shall not constitute a waiver of any future enforcement of that provision or of any other
provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any
other part or sub-part.
g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are
for convenience and organization, only. Headings shall not affect the meaning of any provisions
of this Agreement.
h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has
been created between the Parties as a result of this Agreement. No Party has any authority to
bind the other to third parties.
i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes
beyond its reasonable control including, but not limited to, acts of God, acts of civil
authorities, acts of military authorities, riots, embargoes, acts of nature and natural
disasters, and other acts which may be due to unforeseen circumstances.
j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both
Parties under this Agreement, including e-mail or fax. For any questions or concerns, please
email Us at the following address: support@presspog.com.