2. Registration Process
To use any Prudential Digital Media SERVICE, you must submit certain registration data. Such registration data shall include, but shall not be limited to, your name, address, e-mail address, phone number, and other billing information. You hereby certify that all of the registration data you provide to Prudential Digital Media is accurate and complete, and you agree to notify Prudential Digital Media within thirty (30) days of any changes to such data.
3. Changes to Agreement
Prudential Digital Media reserves the right to modify this Agreement at its own discretion. If any modification to this Agreement is unacceptable to you, you may immediately terminate or cancel this agreement by providing written notice to Prudential Digital Media; you will not receive any refund of fees paid by you hereunder in connection with any such termination. If you do not terminate or cancel the Agreement, or if you continue to use a SUBSCRIPTION SERVICE or any other SERVICE following any modification to this Agreement, your continued use will mean that you have accepted that modification. You are responsible for regularly reviewing these terms and conditions.
4. Limitations and Restrictions
- defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail or multi-level marketing campaigns;
- publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs);
- sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) and/or are misrepresented ;
- harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
- restrict or inhibit any other user from using and enjoying its rights in Prudential Digital Media, interfering with or disrupting the Prudential Digital Media service or servers or network connected to Prudential Digital Media; or, violate any applicable government laws or regulations.
- Prudential Digital Media is not obligated to monitor the content on Prudential Digital Media. However, with respect to the use of the products and services offered on Prudential Digital Media. Prudential Digital Media reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Prudential Digital Media Web sites, in Prudential Digital Media's sole discretion, without notice at any time.
5. Payment and Fees
Some products and services available through or in connection with Prudential Digital Media require that you purchase a SUBSCRIPTION SERVICE or otherwise pay a fee and/or a monthly fee. Charges may apply for certain services such as, web site design, web dite hosting, consulting, subscription services, or any other service as described on the Prudential Digital Media websit.You agree to pay Prudential Digital Media all amounts due upon demand. All fees and payments are nonrefundable. Amounts not paid by you to Prudential Digital Media when due, may bear interest at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum rate permitted by applicable law. You must notify Prudential Digital Media in writing that you are terminating this Agreement, fees pre-paid by you to Prudential Digital Media for Prudential Digital Media products or services will not be credited back to your applicable credit card or otherwise refunded to you. Prudential Digital Media is not required to refund directly or indirectly to you any amounts paid hereunder. You understand that if Prudential Digital Media does not receive timely payment of all amounts due for any SUBSCRIPTION SERVICE or any other SERVICE you purchase, your use of all SERVICES and SUBSCRIPTION SERVICES may be severely restricted or terminated, at Prudential Digital Media's sole discretion. You agree to pay any taxes, duties, and assessments arising out of your use of Prudential Digital Media. You agree to pay all attorney and collection fees arising from our efforts to collect any past due amounts from you to the extent allowed by law.
6. Links to Third Party Sites
Links within Prudential Digital Media may let you leave Prudential Digital Media. You acknowledge that the linked sites are not under the control of Prudential Digital Media and that Prudential Digital Media is not responsible for the contents or operation of such linked sites or any link contained in such linked site, or any changes or updates to such sites. Prudential Digital Media is not responsible for web casting or any other form of transmission received from any linked site. Prudential Digital Media is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Prudential Digital Media of the linked site or any association with their operators.
7. Your License to Prudential Digital Media
Prudential Digital Media does not claim ownership of the materials you provide to Prudential Digital Media (including feedback and suggestions) or post, upload, input or submit in connection with your use of Prudential Digital Media or any web site ("Your Web Site") created by Prudential Digital Media for you or on your behalf in connection with the use of Prudential Digital Media (collectively "Submissions"). However, you grant Prudential Digital Media a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat your Submission, and to publish your web site name on the Prudential Digital Media website as in a section called "Our Clients") your Submission only in connection with the operation and promotion of Prudential Digital Media. No compensation will be paid or due you with respect to Prudential Digital Media's or its sublicensee's use of the materials as licensed. Prudential Digital Media is under no obligation to post or use any materials you may provide, and may remove such materials at any time in Prudential Digital Media's sole discretion. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through any Prudential Digital Media Web site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant Prudential Digital Media the license set forth above, and you will defend and indemnify Prudential Digital Media and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.
8. Limitation of Liability Disclaimer
You agree that our entire liability and that of any third party providing services as part of the subscription service or any other service, and your exclusive remedy, with respect to the subscription service and any other service, and any matter arising out of this agreement, is solely limited to the amount you paid for such subscription service or service. Cranberry communications, its contractors, affiliates (including third parties providing services as part of the subscription service or any other service) and parent companies shall not be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of cranberry communications or resulting from the use or inability to use the subscription service or any other service, or any of the cranberry communications designed web sites, web site hosting service, or other cranberry communications services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of god; (4) loss or liability resulting from the unauthorized use or misuse of your account information (including any passwords); (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your cranberry communications web site or any of the services included in the subscription service or any other service; (8) loss or liability from your inability to use any component of the subscription service or other services; (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your cranberry communications web site or registration data, or your agents failure to pay any fees, including the monthly subscription service fee. You hereby acknowledge that this provision will apply whether or not cranberry communications is given notice of the possibility of such damages and that this provision will apply to all content, merchandise or services available through Prudential Digital Media. The terms of this Section will survive any termination or cancellation of this agreement.
The information, products, services, and other material included in or available through Prudential Digital Media may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via Prudential Digital Media should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.The terms of this Section will survive any termination or cancellation of this agreement.
Without limiting the foregoing, Prudential Digital Media is not responsible for any of your data residing on Prudential Digital Media hardware. You are responsible for backing-up your data and information that may reside on the Prudential Digital Media hardware, or any 3rd party hardware, whether or not such information is produced through the use of Prudential Digital Media. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained. The terms of this Section will survive any termination or cancellation of this agreement.
9. Disclaimer of Warranty
You agree and understand that you are using any SUBSCRIPTION SERVICE or any other SERVICE at your own risk. The SUBSCRIPTION SERVICE or any other SERVICE is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Prudential Digital Media EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SUBSCRIPTION SERVICE OR ANY OTHER SERVICE WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, SECURE OR UNINTERRUPTED. Prudential Digital Media DOES NOT GUARANTEE YOUR RECEIPT OF SERVICE AT ANY PARTICULAR TIME OR THE INTEGRITY OF DATA STORED OR TRANSMITTED VIA ITS SYSTEM. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Prudential Digital Media, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination or cancellation of this agreement.
10. Access Restriction
Prudential Digital Media reserves the right to deny in its sole discretion any user access to Prudential Digital Media or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by Prudential Digital Media, and for any use or misuse of your account or Prudential Digital Media resulting from any third party using a password or user name issued to you.
A. Cancellation Policy
B. Effect of Termination
Upon any termination of this Agreement, your right to use the SUBSCRIPTION SERVICE (and, therefore, your license to use the Prudential Digital Media WEB SITE) or any other SERVICE will automatically terminate, and you shall immediately cease any use of the Prudential Digital Media WEB SITE and the SUBSCRIPTION SERVICE or any other SERVICE; Prudential Digital Media shall immediately cease providing the SUBSCRIPTION SERVICE or any other SERVICE. Unless otherwise specified in writing by Prudential Digital Media, you will not receive any refund for monthly payments already made by you as of the date of termination. If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs Prudential Digital Media incurs in closing your account. You agree to pay any and all costs incurred by Prudential Digital Media in enforcing your compliance with this Section.
This agreement constitutes the entire agreement between you and Prudential Digital Media with respect to any SUBSCRIPTION SERVICE, or any other SERVICE and your use of Prudential Digital Media supersedes all prior agreements between you and Prudential Digital Media pertaining to the same. Prudential Digital Media's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Interpretation and enforcement of this agreement will be governed by the laws of the State of Delhi, India (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal courts in the district of the State of Delhi (New Delhi), Delhi for any action arising out of or related in any way to this Agreement or relating to your use of Prudential Digital Media (or any component thereof). Nothing in this agreement will be construed as creating a joint venture, partnership, employment or agency relationship between you and Prudential Digital Media, and you do not have any authority to create any obligation or make any representation on Prudential Digital Media's behalf, unless a specific written agreement between you and Prudential Digital Media is made. Other than as specified herein, neither party makes any representations, or assumes or creates any obligations, on behalf of the other. You may not assign this agreement, by operation of law or otherwise, without Prudential Digital Media's written consent. Subject to the foregoing, this agreement will be binding on, inure to the benefit of and be enforceable against you and Prudential Digital Media and their respective successors and assigns. Other than services provided as a part of the SUBSCRIPTION SERVICE or any other Prudential Digital Media SERVICE, Prudential Digital Media is not responsible for and shall have no liability with respect to any products and/or services purchased by you from other parties, whether through the Prudential Digital Media Web site or otherwise, and the provision of any such other products and/or services shall be subject to your agreement, if any, with the party providing the other products and/or services. The terms of this Section will survive any termination of this agreement.
You agree to defend, indemnify, and hold Prudential Digital Media and its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns harmless from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys' fees and expenses) of third parties arising from or related to (a) any information, material, content products, or services available on your licensed Prudential Digital Media DESIGNED WEB SITE; (b) your use of the WEB SITE HOSTING SERVICE or the licensed Prudential Digital Media DESIGNED WEB SITE, or any other SERVICE; or (c) any use of your licensed Prudential Digital Media DESIGNED WEB SITE. The obligations in this Section will not be limited in any way by any other provisions of this Agreement, including the limitation of liability section set forth above.