Specialty Publishing Co., operates (m2mpremier.com), which is a Website service
that allows Members to access content online in order to find and communicate with
business associates. The services offered by m2mpremier include any m2mpremier-branded
URL (the "m2mpremier.com Website"), feature, content, or applications offered from
time to time by m2mpremier.com in connection with m2mpremier's business (collectively,
"m2mpremier").
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This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for
your use of the m2mpremier. By using the m2mpremier Services, you agree to be bound
by this Agreement, whether you are a "Visitor" (which means that you simply browse
the m2mpremier's Website, including through a mobile device, or otherwise use the
m2mpremier Services without being registered) or you are a "Member" (which means
that you have registered with m2mpremier). The term "User" refers to a Visitor or
a Member. You are only authorized to use the m2mpremier Services (regardless of
whether your access or use is intended) if you agree to abide by all applicable
laws and the terms of this Agreement. Please read this Agreement and save it. If
you do not agree to be bound by this Agreement and to follow all applicable laws,
you should leave the m2mpremier Website and discontinue use of the m2mpremier Services
immediately. If you wish to become a Member, communicate with other Members, and/or
make use of the m2mpremier Services, you must read this Agreement and indicate your
acceptance during the registration process.
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This Agreement includes m2mpremier's policy for acceptable use of the m2mpremier
Services and Content (as defined in Section 6.1 below) posted on or through the
m2mpremier Services and your rights, obligations, and restrictions regarding your
use of the m2mpremier Services and Content posted on or through the m2mpremier Services.
In order to participate in certain m2mpremier Services, you may be notified that
you are required to download software or content and/or agree to additional terms
and conditions from m2mpremier. Unless otherwise provided by the additional terms
and conditions applicable to the m2mpremier Services in which you choose to participate,
those additional terms are hereby incorporated into this Agreement. You may receive
a copy of this Agreement by emailing us at: webmaster@m2mpremier.com, Subject: Terms
of Use Agreement.
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The m2mpremier may modify this Agreement from time to time and such modification
shall be effective upon posting by m2mpremier on the m2mpremier Website. Your continued
use of the m2mpremier Services after m2mpremier posts a revised Agreement signifies
your acceptance of the revised Agreement. It is therefore important that you review
this Agreement regularly to ensure you are updated as to any changes that might
be made to the Website.
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Please choose carefully the information you post on or through the m2mpremier Services
and that you provide to other Users. Your m2mpremier company data, press releases,
and contacts may not include any form of Prohibited Content, as outlined in Section
8 below. Despite this prohibition, information, materials, products, or services
provided by other m2mpremier Members (for instance, in their contacts) may, in whole
or in part, be unauthorized, impermissible or otherwise violate this Agreement,
and m2mpremier assumes no responsibility or liability for this material. If you
become aware of misuse of the m2mpemier Services by any person, please click on
the "Contact Us" link at the bottom of the m2mpremier Website pages immediately.
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The m2mpremier reserves the right, in its sole discretion, to reject, refuse to
post, or remove any posting (including private messages) by you, or to deny, restrict,
suspend, or terminate your access to all or any part of the m2mpremier Services
at any time, for any or no reason, with or without prior notice or explanation,
and without liability. The m2mpremier expressly reserves the right to remove your
company data and contact information and/or deny, restrict, suspend, or terminate
your access to all or any part of the m2mpremier Services if m2mpremier determines,
in its sole discretion, that you have violated this Agreement or pose a threat to
m2mpremier and/or its Users.
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1. |
Eligibility.
Use of the m2mpremier Services and registration to be a Member for the
m2mpremier Services ("Membership") is void where prohibited. By using the m2mpremier
Services, you represent and warrant that (a) all registration information you submit
is truthful and accurate; (b) you will maintain the accuracy of such information;
(c) you are 18 years of age or older; and (d) your use of the m2mpremier Services
does not violate any applicable law or regulation. Your company information and
contact information may be deleted and your Membership may be terminated without
warning.
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2.
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Term.
This Agreement, and any posted revision to this Agreement, shall remain
in full force and effect while you use the m2mpremier Services or are a Member.
You may terminate your Membership at any time, for any reason, by emailing m2mpremier
and receiving a reply acknowledging your request. The m2mpremier may terminate your
Membership at any time, for any or no reason, with or without prior notice or explanation,
and without liability. Even after Membership is terminated, this Agreement will
remain in effect, including Sections 5-16.
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3.
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Fees.
You acknowledge that m2mpremier reserves the right to charge for any portion of
the m2mpremier Services and to change its fees as outlined as a member. If m2mpremier
terminates your Membership because you have breached the Agreement, you shall not
be entitled to the refund of any unused portion of fees or payments (if any).
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4.
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Password.
When you sign up to become a Member, you will also be asked to choose a
password. You are entirely responsible for maintaining the confidentiality of your
password. You agree not to use the account, username, or password of another Member
at any time or to disclose your password to any third party. You agree to notify
m2mpremier immediately if you suspect any unauthorized use of your account or access
to your password. You are solely responsible for any and all use of your account.
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5. |
Use by Members.
The m2mpremier Services are for the use of Members and may be used for
promotional and direct commercial endeavors if they are specifically endorsed or
authorized by m2mpremier. The m2mpremier reserves the right to remove commercial
content in its sole discretion. Illegal and/or unauthorized use of the m2mpremier
Services, including collecting usernames, user ID numbers, and/or email addresses
of Members by electronic or other means for the purpose of sending unsolicited email
or unauthorized framing of or linking to the m2mpremier Website, or employing third
party promotional sites or software to promote profiles for money, is prohibited.
The m2mpremier reserves the right to take appropriate legal action for any illegal
or unauthorized use of the m2mpremier Services.
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6. |
Proprietary Rights in Content on m2mpremier.
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6.1 |
m2mpremier does not claim any ownership rights in the text, files, images, photos,
video, sounds, musical works, works of authorship, applications, or any other materials
(collectively, "Content") that is posted by the vendors community through the m2mpremier
Services. After posting your Content to the m2mpremier Services, you continue to
retain any such rights that you may have in your Content, subject to the limited
license herein. By displaying or publishing ("posting") any Content on or through
the m2mpremier Services, you hereby grant to m2mpremier a limited license to use,
modify, delete from, add to, publicly perform, publicly display, reproduce, and
distribute such Content solely on or through the m2mpremier Services, including
without limitation distributing part or all of the m2mpremier Website in any media
formats and through any media channels. This limited license does not grant the
right to sell or otherwise distribute your Content outside of the m2mpremier Services. |
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6.2 |
The license you grant to m2mpremier is non-exclusive (meaning you are free to license
your Content to anyone else in addition to m2mpremier), fully-paid and royalty-free
(meaning that m2mpremier is not required to pay you for the use on the m2mpremier
Services of the Content that you post), sublicensable (so that m2mpremier is able
to use its affiliates, subcontractors and other partners such as Internet content
delivery networks and wireless carriers to provide the m2mpremier Services), and
worldwide (because the Internet and the m2mpremier Services are global in reach).
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6.3 |
You represent and warrant that: (i) you own the Content posted by you on or through
the m2mpremier Services or otherwise have the right to grant the license set forth
in this Section 6, and (ii) the posting of your Content on or through the m2mpremier
Services does not violate the privacy rights, publicity rights, copyrights, contract
rights, or any other rights of any person or entity. You agree to pay for all royalties,
fees, and any other monies owing any person or entity by reason of any Content posted
by you on or through the m2mpremier Services.
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6.4 |
The m2mpremier Services contain Content of m2mpremier ("m2mpremier Content"). The
m2mpremier Content is protected by copyright, trademark, patent, trade secret and
other laws, and m2mpremier owns and retains all rights in the m2mpremier Content
and the m2mpremier Services. The m2mpremier hereby grants select partners a limited,
revocable, nonsublicensable license to reproduce and display the m2mpremier Content
(excluding any software code) solely for your personal use in connection with viewing
the m2mpremier Website and using the m2mpremier Website.
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6.5 |
The m2mpremier Services contain Content of Users and other m2mpremier licensors.
Except as provided within this Agreement, you may not copy, modify, translate, publish,
broadcast, transmit, distribute, perform, display, or sell any Content appearing
on or through the m2mpremier Services.
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6.6 |
The m2mpremier performs technical functions necessary to offer the m2mpremier Services,
including but not limited reformatting Content to allow its use throughout the m2mpremier
Services.
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7. |
Content Posted.
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7.1 |
m2mpremier may reject, refuse to post, or delete any Content for any or no
reason, including Content that in the sole judgment of m2mpremier violates this
Agreement or which may be offensive, illegal, or violate the rights of any person
or entity, or harm or threaten the safety of any person or entity. m2mpremier assumes
no responsibility for monitoring the m2mpremier for inappropriate Content or conduct.
If at any time m2mpremier chooses, in its sole discretion, to monitor the m2mpremier
Services, m2mpremier nonetheless assumes no responsibility for the Content, no obligation
to modify or remove any inappropriate Content, and no responsibility for the conduct
of the User submitting any such Content.
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7.2 |
You are solely responsible for the Content that you post on or through any
of the m2mpremier Services, and any material or information that you transmit to
other Members and for your interactions with other Users.
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8. |
Content/Activity Prohibited.
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The following are examples of the kind of Content that is illegal or prohibited
to post on or through the m2mpremier Services. m2mpremier reserves the right to
investigate and take appropriate legal action against anyone who, in m2mpremier
's sole discretion, violates this provision, including without limitation, removing
the offending Content from the m2mpremier Services and terminating the Membership
of such violators. Prohibited Content includes, but is not limited to, Content that,
in the sole discretion of m2mpremier:
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8.1 |
Is patently offensive and promotes racism, bigotry, hatred, or physical harm
of any kind against any group or individual;
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8.2
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Contains nudity, excessive violence, or offensive subject matter or contains a link
to such subject matter;
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8.3 |
Publicly posts information that poses or creates a privacy or security risk to any
person;
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8.4
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Constitutes or promotes information that you know is false or misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory,
or libelous;
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8.5 |
Constitutes or promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing information
to circumvent manufacturer-installed copy-protect devices, or providing pirated
music or links to pirated music files;
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8.6
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Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing,
instant messaging, "spamming";
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8.7 |
Contains restricted or password-only access pages or hidden pages or images;
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8.8 |
Solicits passwords or personal identifying information for commercial or unlawful
purposes from other Users;
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8.9 |
Violates the privacy rights, publicity rights, copyrights, trademark rights, contract
rights, or any other rights of any person.
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8.10
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Advertising to, or solicitation of, any Member to buy or sell any products or services
through the unauthorized or impermissible use of the m2mpremier Services. You may
not transmit any chain letters or junk email to other Members. In order to protect
our Members from such advertising or solicitation, m2mpremier reserves the right
to restrict the number of emails which a Member may send to other Members in any
24-hour period to a number which m2mpremier deems appropriate in its sole discretion.
If you breach this Agreement and send unsolicited bulk email, instant messages or
other unauthorized commercial communications of any kind through the m2mpremier
Services, you acknowledge that you will have caused substantial harm to m2mpremier,
but that the amount of such harm would be extremely difficult to ascertain. As a
reasonable estimation of such harm, you agree to pay m2mpremier $75 for each such
unsolicited email or other unauthorized commercial communication you send through
the m2mpremier Services;
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8.11 |
Circumventing or modifying, attempting to circumvent or modify, or encouraging or
assisting any other person in circumventing or modifying any security technology
or software that is part of the m2mpremier Services;
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8.12 |
Activity that involves the use of viruses, bots, worms, or any other computer code,
files or programs that interrupt, destroy or limit the functionality of any computer
software or hardware, or otherwise permit the unauthorized use of or access to a
computer or a computer network;
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8.13 |
Using the account, username, or password of another Member at any time or disclosing
your password to any third party or permitting any third party to access your account;
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9.
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Member Disputes.
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You are solely responsible for your interactions with other m2mpremier members.
The m2mpremier reserves the right, but has no obligation, to become involved in
any way with disputes between you and other Members.
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10. |
Privacy.
Use of the m2mpremier Services is also governed by our Privacy Policy, which is
incorporated into this Agreement by this reference.
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11. |
Disclaimers.
m2mpremier is not responsible for and makes no warranties, express or implied,
as to the User Content or the accuracy and reliability of the User Content posted
on or through the m2mpremier, whether caused by Users of m2mpremier or by any of
the equipment or programming associated with or used in the m2mpremier Services
and such User Content does not necessarily reflect the opinions or policies of m2mpremier.com.
Profiles and third-party applications created and posted by Members on the m2mpremier
Website may contain links to other Websites. m2mpremier.com is not responsible for
the content, accuracy, or opinions expressed on such Websites, and such Websites
are not necessarily investigated, monitored, or checked for accuracy or completeness
by m2mpremier staff. Inclusion of any linked Website on the m2mpremier Services
does not imply approval or endorsement of the linked Website by m2mpremier. When
you access these third-party sites, you are doing so at your own risk. m2mpremier
takes no responsibility for third-party advertisements or third-party applications
that are posted on or through the m2mpremier Services, nor does it take any responsibility
for the goods or services provided by its advertisers. m2mpremier is not responsible
for the conduct, whether online or offline, of any User of the m2mpremier Services.
The m2mpremier assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, any User or Member
communication. The m2mpremier is not responsible for any problems or technical malfunction
of any telephone network or lines, computer online systems, servers or providers,
computer equipment, software, failure of any email or players due to technical problems
or traffic congestion on the Internet or on any of the m2mpremier Services or combination
thereof, including any injury or damage to Users or to any person's computer related
to or resulting from participation or downloading materials in connection with the
m2mpremier Services. Under no circumstances shall m2mpremier be responsible for
any loss or damage, including personal injury or death, resulting from use of the
m2mpremier, from any User Content posted on or through the m2mpremier site, or from
the conduct of any Users of m2mpremier.com, whether online or offline. The m2mpremier
is provided "AS-IS" and as available and m2mpremier expressly disclaims any warranty
of fitness for a particular purpose or non-infringement. m2mpremier cannot guarantee
and does not promise any specific results from use of the m2mpremier.com or its
services.
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12.
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Limitation on Liability.
IN NO EVENT SHALL M2MPREMIER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT DAMAGES ARISING FROM YOUR USE OF THE M2MPREMIER.COM OR ITS SERVICES, EVEN
IF M2MPREMIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, M2MPREMIER'S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO M2MPREMIER FOR THE M2MPREMIER SERVICES
DURING THE TERM OF YOUR MEMBERSHIP.
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13. |
U.S. Export Controls.
Software available in connection with the m2mpremier Services (the "Software") is
further subject to the laws of the United States export controls. No Software may
be downloaded from m2mpremier or otherwise exported or re-exported in violation
of U.S. export laws. Downloading or using the Software is at your sole risk.
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14.
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Disputes.
The Agreement shall be governed by, and construed in accordance with, the laws of
the State of Illinois, without regard to its conflict of law provisions. You and
m2mpremier agree to submit to the exclusive jurisdiction of the courts located within
the State of Illinois to resolve any dispute arising out of the Agreement or the
m2mpremier services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY
WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING
BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS)
ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY
HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED,
EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION,
SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES
ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING
INTO THIS AGREEMENT.
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15. |
Indemnity.
You agree to indemnify and hold m2mpremier, its subsidiaries, and affiliates, and
their respective officers, agents, partners, and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the m2mpremier Services in violation
of this Agreement and/or arising from a breach of this Agreement and/or any breach
of your representations and warranties set forth in this Agreement and/or if any
Content that you post on or through the m2mpremier Services causes m2mpremier to
be liable to another.
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16. |
Other.
This Agreement is accepted upon your use of the m2mpremier Website or any
of the m2mpremier Services and is further affirmed by you becoming a Member. This
Agreement constitutes the entire agreement between you and m2mpremier regarding
the use of the m2mpremier Services. The failure of m2mpremier to exercise or enforce
any right or provision of this Agreement shall not operate as a waiver of such right
or provision. The m2mpremier is a trademark of Specialty Publishing Co. This Agreement
operates to the fullest extent permissible by law. If any provision of this Agreement
is unlawful, void or unenforceable, that provision is deemed severable from this
Agreement and does not affect the validity and enforceability of any remaining provisions.
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Please contact us at: m2mpremier with any questions regarding this agreement. I
HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. |
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