Terms of Service
These Terms and Conditions (“Conditions”) apply to a person or company’s access to and use of the AllPublicists online service (“Service”) found at the AllPublicists.com website (“Website”). The Service connects people or companies who are potential clients evaluating or seeking publicist (“Clients”) with companies that provide such services (“Publicists”). As used in these Conditions, “we” means AllPublicists, and “you” means the person or company—whether a Client or Publicist—who is accessing or using the Service. A “User” refers to both a Client and a Publicist. THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND ALLPUBLICISTS. Please print a copy of this document for your records.
BY CLICKING YOUR ACCEPTANCE OF THESE CONDITIONS, OR BY USING OR ACCESSING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THESE CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY THEM. If you do not agree to these Conditions, you may not use or access the Service.
These Conditions constitute the entire contract between us and supersede all prior agreements and understandings between us, whether written or oral, relating to the Service; provided, however, that a written contract signed by both of us relating to the Service takes precedence over these Conditions. The effective date of these Conditions is the earlier of the date on which you accept these Conditions or access or use the Service. If any of these Conditions is held invalid, the remainder of these Conditions shall continue in full force and effect.
ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THESE CONDITIONS SHALL BE RESOLVED BY FINAL, BINDING ARBITRATION IN NEW YORK, NY, under the then-current Rules of the American Arbitration Association, by one arbitrator appointed in accordance with such rules. The ruling of the arbitrator shall be final and binding on the parties. The arbitrator shall issue a written report detailing the basis for any arbitration award. The order shall be enforced by any court of competent jurisdiction.
1. General : We reserve the right to changes the charges for this Service. In that event, we will notify you in advance and give you an opportunity to terminate your account. We reserve the right to change the terms of this Agreement or to modify any features of the Service at any time. By continuing to use this Service after the posting of notices regarding such changes, you agree to be bound by such changes.
2. Subscriptions and Fees:
3. Licenses: By transmitting or posting Content (defined in Section 5) (including, without limitation, any ideas contained therein for new or improved products or services) to the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us, our affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing, all for purposes of providing the Service to Users. You represent and warrant that posting and use of your Content by us in accordance with this license will not infringe or violate the rights of any third party.
4. Copyright: We own and retain all proprietary rights in the Website and the Service, and you acknowledge that the Website contains the copyrighted material, trademarks, and other proprietary information of ours and our licensors and Users. Except for that information which is in the public domain or for which you have been given prior written permission by us or the author, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information; provided, however, that Clients may, subject to restrictions or limitations relating to specific material, download portions of such information from the Website solely for their evaluation of the relevant Publicist. You may not change or delete any proprietary notices from materials downloaded from the Website.
5. Breach of Contract: Publicists agreed not to attempt to circumvent or evade the responsibilities described in clause 2c above. In case of that clause, the publicist agrees to pay AllPublicists.com compensation and penalties in the amount of five million dollars.
6. Content: You are solely responsible for all of the content that you publish or display (including in bulletin boards, forums and chat rooms) on the Service or Website (“post”) or transmit to other Users (“Content”). Your use of the Service, including but not limited to the Content you post or transmit, must be in complete accordance with any and all applicable laws and regulations. You will not post or transmit any defamatory, inaccurate, offensive, threatening, harassing, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and rights of privacy and publicity), or transmit "junk mail", "chain letters," or unsolicited mass mailing or "spam". You will not provide inaccurate, misleading or false information to us or to any User. If information provided to us, or to a User, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. Without limiting the foregoing:
You understand and agree that we may review and delete Content, in whole or in part, that in our sole judgment violates or may violate these Conditions or which might be offensive, illegal, or that might violate the rights of others. Use of the Website is granted with our permission, which may be revoked at any time, for any reason, in our sole discretion.
No Endorsements or Recommendations: The Service may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Without limiting the foregoing, you acknowledge that we do not endorse any Publicist or Client, and we make no representations about the quality of their work or the accuracy or reliability of any of the information provided by them. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will we or our affiliates be responsible for any loss or damage resulting, directly or indirectly, from your reliance on information, or other content posted on the Website or transmitted by the Service, or from goods or services available on or through the Website.
Indemnification You agree to indemnify, defend and hold us, our affiliates, companies, licensors, employees, agents, third party information providers and other Users harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from or related to your breach or violation of these Conditions, your dealings with other Users, and Content posted or transmitted by you. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section, in which case you shall provide us with such cooperation as is reasonably requested by us.
Limitation of Liability: TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, LICENSORS, EMPLOYEES, AGENTS AND THIRD PARTY INFORMATION PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS OR DATA, IN ANY WAY RELATED TO THE WEBSITE OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, TO US FOR THE SERVICE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE DAMAGE.
Copyright Policy: You may not post, distribute, or reproduce in any way any third party copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Send all such notices to inquiries@AllPublicists.com
Termination: You may terminate your subscription to the Services at any time upon notice to us made via Unsubscribe page on our website. We may terminate your subscription if you breach any of these Conditions. Your outstanding payment obligations (including payment through the end of a subscription term), and these Conditions, shall survive expiration or termination of your subscription.
Notices: All notices and other communications sent by you to us under these Conditions shall be in writing, effective upon receipt, and sent to our address as posted on the Website.
Choice of Law: Any dispute arising out of these Conditions shall be governed by the laws of the State of New York, without regard to any conflict of law principles or provisions. These Conditions shall not be governed by the United Nations Convention on Contracts for the International Sales of Goods.