PMP Writer's Block PMP Terms & Conditions

Any services purchased or otherwise made available from pmpworldwide.com are licensed under the terms of the following terms of service agreement.

The Materials included on pmpworldwide.com have been compiled by PMP Worldwide Inc. from a variety of sources, and are subject to change without notice.

All media files on the pmpworldwide.com site are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files (including, but not limited to, .ra or .rm files) made available for playback on the pmpworldwide.com site without the express written consent of pmpworldwide.com. You may not link directly to any .ram file located on a pmpworldwide.com server, and you should not attempt to "pass-off" any of the content of pmpworldwide.com as your own work.

AGE REQUIREMENT

You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the Service. If you are under 18 but at least 13 years of age, you must present this Agreement to your parent or legal guardian, and he or she must check the box below to enter into this Agreement on your behalf. Children under the age of 13 may not register for this Service, and parents or legal guardians may not register on their behalf. By checking the box indicating your acceptance to this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care. If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Service.

DESCRIPTION OF SERVICE

The Service allows you to listen to Samples (as defined below) of sound recordings ("Tracks") and related digital content ("Materials"). You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to or use the Internet, and/or (b) other than the Client, to use any Materials. The Service, the Tracks and/or the Materials are only for your personal, non-commercial use and are non-transferable (except as otherwise expressly authorized by pmpworldwide.com

SITES LINKED FROM THE PMPWORLDWIDE.COM SITE

The sites linked from the pmpworldwide.com site are not under PMP Worldwide Inc. control, and PMP Worldwide Inc. does not assume any responsibility or liability for any communications or materials available at such linked sites. PMP Worldwide Inc. does not intend links on the pmpworldwide.com site to be referrals or endorsements of the linked entities; they are provided for convenience only.

DISCLAIMER OF WARRANTY

The services, information or data (collectively, "Information") made available at the pmpworldwide.com site are provided "AS IS", without warranties of any kind. PMP Worldwide Inc. expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability and fitness for a particular purpose. PMP Worldwide Inc. shall have absolutely no liability in connection with the services including without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the pmpworldwide.com Web site. The PMP shall have no liability for: Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;

Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or Any decision made or action taken or not taken in reliance upon the Information furnished hereunder.

PMP Worldwide Inc. makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. PMP Worldwide Inc. makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, "PMP" shall include PMP Worldwide Inc. , and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

LIMITATION OF LIABILITY

Under no circumstances shall PMP Worldwide Inc. be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use of the Internet generally. For purposes of this section, "PMP" shall include PMP Worldwide Inc., and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PMPWORLDWIDE.COM WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PMP WORLDWIDE INC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PMPWORLDWIDE.COM WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE PMPWORLDWIDE.COM WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PMP WORLDWIDE INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL 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 THE PMPWORLDWIDE.COM WEB SITE, WITH THE DELAY OR INABILITY TO USE THE PMPWORLDWIDE.COM WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PMPWORLDWIDE.COM WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE PMPWORLDWIDE.COM WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PMP WORLDWIDE INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PMPWORLDWIDE.COM WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PMPWORLDWIDE.COM WEB SITE.

PATENT, TRADEMARK AND SERVICEMARK

All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of PMP Worldwide Inc. and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner.

USE OF COMMUNICATION SERVICES

The pmpworldwide.com Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with an individual or group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

PMP Worldwide Inc. has no obligation to monitor the Communication Services. However, PMP Worldwide Inc. reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PMP Worldwide Inc. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

PMP Worldwide Inc. reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of PMP Worldwide Inc.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PMP Worldwide Inc. does not control or endorse the content, messages or information found in any Communication Service and, therefore, PMP Worldwide Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PMP Worldwide Inc. spokespersons, and their views do not necessarily reflect those of PMP Worldwide Inc.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO PMPWORLDWIDE.COM

PMP Worldwide Inc. does not claim ownership of the materials you provide to pmpworldwide.com (including feedback and suggestions) or post, upload, input or submit to any PMP Worldwide Inc. Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting, PMP Worldwide Inc., its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. PMP Worldwide Inc. is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the sole discretion of PMP Worldwide Inc.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

TERMINATION/ACCESS RESTRICTION

PMP Worldwide Inc. reserves the right, in its sole discretion, to terminate your access to the pmpworldwide.com Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in New York, New York U.S.A. in all disputes arising out of or relating to the use of the pmpworldwide.com Web Site.

Use of the pmpworldwide.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PMP Worldwide Inc. as a result of this agreement or use of the pmpworldwide.com Web Site. The PMP Worldwide Inc. performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PMP Worldwide Inc's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the pmpworldwide.com Web Site or information provided to or gathered by PMP Worldwide Inc. with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PMP Worldwide Inc. with respect to the pmpworldwide.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PMP Worldwide Inc. with respect to the pmpworldwide.com Web Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the pmpworldwide.com Web Site are: Copyright 2006 PMP Worldwide Inc. and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

REGISTRATION AND SECURITY

As part of the registration process, you will select a username and password. You must provide PMP Worldwide Inc. with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person other than yourself without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. Pmpworldwide.com is operated in the United States of America and operated to be in compliance with the laws of the United States. Access is governed by these terms and conditions under the laws of the State of New York and the United States. Registration as a user of or subscriber to pmpworldwide.com or services provided on them results in your customer information being stored and processed in the United States, and you, in registering or subscribing, specifically consent to that storage and processing. You may access that information at any time to confirm its correctness and to keep it current in connection with your registration or subscription. If you are subscribing or registering for use of this site from outside of the United States of America, you consent to the storage and processing in the United States of the personal data you submit, within the scope of the PRIVACY STATEMENT of PMP Worldwide Inc. You may and should review and correct this information regularly.

You shall notify us by regular mail or by e-mail at support@pmpworldwide.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or billing information. You will be responsible for maintaining the confidentiality of your password. You will never be required to reveal your password to any representative or agent of pmpworldwide.com, its owners or agents. You are responsible for all usage or activity on pmpworldwide.com via your password account. Distribution of your password to others for access to pmpworldwide.com is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

FEES AND PAYMENTS

Producers wishing to participate in the pmpworldwide.com program may purchase a monthly subscription for the amounts and lengths listed on the producer's registration page. Producer's membership renews at the same length and rate if the subscriber has not cancelled 72 hours prior to expiration. Membership fees to pmpworldwide.com are prominently displayed prior to your subscription thereto. You agree to pay all membership fees when due according to these billing terms. At the time of registration, you must select a payment method. PMP Worldwide Inc. reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services provided by pmpworldwide.com, with or without prior notice to you, at any time. THIS SITE USES AN AUTOMATIC REBILL CYCLE ACCORDING TO THE USER'S SELECTED PAYMENT OPTION.

BILLING ERRORS

If you believe that you have been erroneously billed, please notify us at support@pmpworldwide.com immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.

TERMINATION

Should you breach this Agreement we will revoke your license to use the Service and suspend your right of access. In such a case, no portion of your subscription payment will be refunded. Should we decide to suspend your subscription service for any reason other than breach, we will refund to you the unused portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service.

COMMUNICATIONS BETWEEN PMPWORLDWIDE.COM AND YOU

PMP Worldwide Inc. will send electronic mail to you, for the purpose of informing you of changes to pmpworldwide.com, or of any pmpworldwide.com related products and services. You may opt out of this notification service by replying to the electronic mail that was sent with the word "unsubscribe" (without the quotes) in the subject line. For further information on our use of member information, see the Privacy Statement on the Service

MODIFICATIONS TO THIS AGREEMENT AND THE SERVICE

PMP Worldwide Inc. has the right, at its sole discretion, to modify this Agreement or the Service, including the Content of the Service, at any time. Changes in Service may or may not be posted on pmpworldwide.com, or sent via e-mail, or postal mail to you. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription by clicking the cancel button located in the "manage accounts" section of your respective back office. Continued use of the Service now or following posted notices of changes in this Agreement, (notice is given by changing the date of last revision), means that you have accepted and are bound by the changes.

PRIVACY POLICY

We use your IP address to help diagnose problems with our server, and to administer our website. Your IP address is used to help identify you and to gather broad demographic information. Our site's subscription form requires users to give us contact information (to include names and E-mail addresses) and financial information (to include account or credit card numbers) when applicable. We use customer contact information from the subscription form to send the user information about PMP Worldwide Inc. as well as periodic promotional material from our affiliates.

The user's contact information is also used to contact the user when necessary. This site contains links to other sites. PMP Worldwide Inc. is not responsible for the privacy practices or the content of other such websites. Selection of an ad banner or link redirects User to a third party. Transactions that occur between the User and the third party are strictly between the User and the third party and are not the responsibility of PMP Worldwide Inc. Because PMP Worldwide Inc. is not responsible for the availability of these outside resources or their privacy policy or content, User should direct any concerns regarding any external link to its site administrator or Webmaster. Our site uses an order form for customers to request information, products, and services.

We collect visitor's contact information (to include E-mail addresses), and financial information (to include account or credit card numbers). Contact information from the order form is used to send orders, information about our company, and promotional material from our affiliates. The customer's contact information is also used to get in touch with the user when necessary. Financial information that is collected is used to check the users' qualifications and to bill the user for products and services ordered.

This site makes it possible to communicate via an electronic messaging system. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information. To deactivate your membership: Go to: support@pmpworldwide.com