In this User Agreement:
"Account" means the account associated with your email address.
"Buyer" means a User that purchases Seller Services or items from Sellers through Publicist. A User may be both a Buyer and a Seller under this agreement.
"Dispute Resolution Process" means the process to be followed by Buyers and Sellers in accordance with the Dispute Resolution Services.
"Publicist", "we", "our", “company” or “the company” or "us" means Publicist Inc.
“Publicist Verified” Users have been satisfactorily verified.
"Inactive Account" means a User Account that has not been logged into for a 12 month period, or other period determined by us from time to time.
"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
"Project" or “Projects” means a piece of work or service provided by a seller.
"Seller" means a User that offers and provides services or identifies as a Seller through Publicist.
"Seller Services" means all services or projects provided by a Seller.
"Publicist Services" means all services provided by us to you.
"User", "you" or "your" means an individual who visits or uses Publicist.
"User Contract" means: (1) this User Agreement; or (2) any other material incorporated by reference from time to time.
"Website" means the platform operated by Publicist and available at: www.publicist.co and any of its regional or other domains or properties, and any related Publicist service, tool or application.
By accessing Publicist, you agree to the following terms with Publicist.
We may amend this User Agreement and any linked information from time to time by posting amended terms on Publicist, without notice to you.
Publicist is an online platform where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. Publicist enables Users to work together online to complete and pay for Projects, buy and sell items and to use the services that we provide. We are not a party to any contractual agreements between Buyer and Seller in the online platform, we merely facilitate connections between the parties.
We may, from time to time, and without notice, change or add to Publicist or the information, products or services described in it. However, we do not undertake to keep Publicist updated. We are not liable to you or anyone else if any error occurs in the information on Publicist or if that information is not current.
Before using Publicist, you must read the whole User Agreement, Publicist policies and all linked information.
You will not use Publicist if you:
1. are not able to form legally binding contracts;
2. are under the age of 16;
3. a person barred from receiving and rendering services under laws or other applicable jurisdiction;
4. are suspended from using Publicist; or
5. do not hold a valid email address.
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
Users may provide a business name or a company name, which is associated with the User's Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
4. Using Publicist
While using Publicist, you will not attempt to or otherwise do any of the following:
1. post content or items in inappropriate categories or areas on our Websites and services;
2. infringe any laws, third party rights or our policies, such as the Code of Conduct;
3. fail to deliver payment for services delivered to you;
4. fail to deliver Seller Services purchased from you;
5. circumvent or manipulate our fee structure, the billing process, or fees owed to Publicist;
6. post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
7. take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to Publicist);
8. transfer your Publicist account (including feedback) and Username to another party without our consent;
9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
10. distribute viruses or any other technologies that may harm Publicist, Publicist, or the interests or property of Publicist users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
11. download and aggregate projects from our website for display with projects from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of Publicist into any other website without our prior written authorization;
12. attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with Publicist;
13. copy, modify or distribute rights or content from Publicist or Publicist's copyrights and trademarks; or
14. harvest or otherwise collect information about Users, including email addresses, without their consent.
5. Intellectual Property Rights Infringement
It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us and we will investigate.
6. Fees and Services
We charge fees per project. The amount charged is 20% of all services, such as Projects. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts or promotions) or new services, and such changes are effective when we post a temporary promotional event or new service on Publicists, or as notified through promotional correspondence.
Unless otherwise stated, all fees are quoted in United States Dollars.
7. Payment Administration Agent
You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate, affiliates, or any other third party to act as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf.
Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by Publicist.
We may display your company or business name, logo, images or other media as part of the Publicist Services and/or other marketing materials relating to Publicist, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.
You acknowledge that we may use the public description of your Projects and the content of your profile information on Publicist for marketing and other related purposes.
When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on Publicist. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on Publicist; and (3) any and all content submitted to Publicist is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content:
1. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
2. will not violate any law or regulation;
3. will not be defamatory;
4. will not be obscene or contain child pornography;
5. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
6. will not contain material linked to terrorist activities
7. will not include incomplete, false or inaccurate information about User or any other individual; and
8. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You acknowledge and agree that we may transfer your personal information to a related body corporate. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to Publicist and Publicist Services and may close your Account.
Information on Publicist may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on Publicist as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on Publicist, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
Publicist may contain links to other third party websites. We do not control Publicists to which we link from Publicist. We do not endorse the content, products, services, practices, policies or performance of Publicists we link to from Publicist. Use of third party content, links to third party content and/or websites is at your risk.
In relation to deletion or hiding of any information or content, using Publicist to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
10. Feedback, Reputation and Reviews
You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on Publicist from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Publicist feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via Publicist. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual platform other than a website operated by Publicist or its related entities, without our written permission.
Unless otherwise agreed with us, you must not advertise an external website, product or service on Publicist. Any website address posted on Publicist, including in a project, bid, project description, the message board, must relate to a Project, item listed, user or service being performed on Publicist.
We may display advertisements or promotions on Publicist. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorized by Publicist or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
12. Communication With Other Users
Communication with other users on Publicist must be conducted through the text, audio and or video chat functionality, along with message boards, Project message board, direct message sending and other communication channels provided on Publicist.
You must not post your email address or any other contact information (including but not limited to Skype ID, Slack or other identifying strings on other platforms) on Publicist, except in the "email" field of the signup form, at our request or as otherwise permitted by us on Publicist.
Unless you have a prior relationship with a User, you must only communicate with Users via Publicist. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Slack, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.
In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.
Publicist may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on Publicist or in the mobile apps.
We may read all correspondence posted to Publicist and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of Publicist for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your passport or drivers' license). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, Publicist and/or Publicist Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
If you are not Publicist verified you may not be able to withdraw funds from your Publicist account, and other restrictions may apply.
14. User Services
Upon the Buyer awarding a Project or Contest to the Seller, and the Seller's acceptance on Publicist, or the purchase of an item by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.
You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer or Seller, or in any other uses you make of Publicist.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded. Nothing in this User Agreement is intended to violate any laws relating to unfair contracts, and this agreement has been specifically redrafted to ensure compliance with unfair contracts legislation. To the extent that any component of this User Agreement is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further.
Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Publicist and any User.
15. Special Provisions for Local Projects
Each User acknowledges:
1. Publicist does not review, approve, recommend or verify any of the credentials, licenses or statements of capability in relation to Local Projects (or, for the avoidance of doubt, any non Local Projects on Publicist);
2. Publicist provides matchmaking and platform services only. Users agree that Publicist has no liability for any other aspect of service delivery or interaction between Buyer and Seller. Publicist is not a party to any disputes between Buyer and Seller, although we provide a dispute resolution mechanism to assist the parties in resolving issues;
3. Publicist may from time to time include map features and Publicist may display the location of Users to persons browsing Publicist on that map. Every Buyer seeking services for Local Projects will be asked to provide the location where the Local Project is to be performed. You expressly agree that Publicist has no liability for displaying such information.
4. A User must never disclose, in any Project posted, personal details such as the User's name, street number, phone number or the email address in any Project description for a Local Projector in any other public communication on Publicist (these may be disclosed for Local Projects as required in private direct messages);
5. Publicist may collect location related data from you via technologies including but not limited to GPS, IP address location, wifi, and other methods. This data may be shared in the context of facilitating services for Local Projects and each User specifically consents to this collection and sharing as part of this agreement;
6. Upon completion of a Local Project, Seller User must log on to Publicist and click the "Complete" button for that Local Project, as soon as practicable.
7. Failure to complete the service or task will constitute a breach of this User Agreement; and
8. Our fees are applied to the amount of the awarded Seller's bid to perform the services for the Local Project. Any items purchased by the Seller as part of performing the service are between the Buyer and Seller.
Funds in your Account are held by us in our operating accounts held with financial institutions. Funds in your Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other User's Accounts.
You are not entitled to any interest, or other earnings for funds that are in your Account.
If your Account has negative funds, we may:
1. set-off the negative amount with funds that you subsequently receive into your Account;
2. reverse payments you have made from your Account to other User Accounts on Publicist;
3. deduct amounts you owe us from money you subsequently add or receive into your Account; or
4. immediately suspend or limit your Account until such time as your Account no longer has a negative amount.
We reserve the right to collect any funds owed to us by any other legal means.
You acknowledge and agree that:
1. we are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
2. the funds shown in your Account represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Seller Services through Publicist and provision of the Publicist Services;
3. to the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
4. the amount of funds showing in your Account is not insured and is not a guaranteed deposit;
5. any refunds required to be processed in your favor will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;
6. we will hold funds in respect of the amount of your Account in an account held by us with a financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and
7. we may commingle your funds with funds of other Users and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to release or refund funds at your direction in accordance with this User Agreement.
17. Limits & Fraud Prevention
We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.
If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.
We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:
1. we believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
2. we believe that the beneficiary of the payment is someone other than you;
3. we believe that the payment is being made to a country where we do not offer our Service; or
4. we are required to do so by law or applicable law enforcement agencies.
If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favor, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favor, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behavior, while we investigate any such matter.
You may ask for a refund at any time for up to half (50%) of a project, or relating to fees or charges payable to us.
If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.
We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.
You can request a refund by using our customer support website or emailing us at support@Publicist.co. If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.
If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.
19. Inactive Accounts
User Accounts that have not been logged into for a period of time will incur a maintenance fee per month, until either the account is closed or reactivated, for storage, bandwidth, support and management costs of providing hosting of the User's profile, portfolio storage, project in directories, promotion of your profile on Publicist and elsewhere, file storage, message transmission, general administrative matters and message and other storage costs.
We reserve the right to close an Inactive Account.
We reserve the right to close an account with nil or negative funds.
20. Right to Refuse Service
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
1. if we determine that you have breached, or are acting in breach of, this User Agreement;
2. if you under-bid on any Project in an attempt to renegotiate the actual price privately, to attempt to avoid fees;
3. if we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
4. if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
5. you do not respond to account verification requests;
6. you do not complete account verification when requested within 3 months of the date of request;
If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may take legal action against you to recover losses.
If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
21. Disputes With Users
You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any Project that you will first attempt to resolve any differences that you have in relation to such Project, including in relation to the quality of the services provided.
If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a Project we encourage you to contact us at firstname.lastname@example.org
Upon receipt of a dispute, Publicist shall have the right to request the Seller and the Buyer to provide documentation in support of their claim or position in relation to the dispute. You agree that Publicist has absolute discretion to accept or reject any document provided. You also acknowledge that Publicist is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person. In addition, we do not warrant that the documents provided by the parties to the dispute will be true, complete or correct and you agree to indemnify and (to the maximum extent permitted by law) hold Publicist and any of our affiliates harmless against any damages or liability you may suffer as a result of any documentation or material subsequently being found to be false or misleading.
In relation to disputes with any other users of Publicist, you hereby agree to indemnify Publicist from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.
It is agreed by you that you will make every endeavor at fair play and post reasonable and fair demands/offers on your dispute. No conduct relating to threats, blackmail, intimidation or inducement of users to leave positive feedback will be tolerated, in particular any refusal to provide either deliverables or payment in relation to the provision of feedback.
22. Disputes With Us
If a dispute arises between you and Publicist, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by emailing us at support@Publicist.co.
For any claim, Publicist may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Publicist elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Publicist will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
Publicist's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
As of April 1, 2020 the only currency the platform uses is USD. This can and will change as Publicist launches in new geographies.
24. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access Publicist via any means, for any purpose without our express written permission.
Additionally, you agree that you will not:
1. take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
2. interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to Publicist or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
3. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from Publicists without the prior express written permission of Publicist and the appropriate third party, as applicable;
4. interfere or attempt to interfere with the proper working of Publicists, services or tools, or any activities conducted on or with Publicists, services or tools; or
5. bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Publicist.
25. Closing Your Account
You may close your Account at any time by emailing Publicist at email@example.com and asking for your account to be closed.
Account closure is subject to:
1. not having any outstanding projects on Publicist;
2. resolving any outstanding matters (such as a suspension or restriction on your Account); and
3. paying any outstanding fees or amounts owing on the Account.
4. If your rating is 3.5 stars or lower your account will be suspended to ensure quality on Publicist.
We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint ventures and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using Publicist and Publicist Services.
In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.
You must immediately notify us upon becoming aware of any unauthorized access or any other security breach to Publicist, your Account or the Publicist Services and do everything possible to mitigate the unauthorized access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
29. No Warranty as to Content
Publicist is a dynamic time-sensitive Website. As such, information on Publicist will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabeled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.
Our Services, Publicist and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
1. Publicist or any Seller Services or Publicist Services;
2. the accuracy, reliability, availability, veracity, timeliness or content of Publicist or any Seller Services or Publicist Services;
3. whether Publicist or Seller Services or Publicist Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
4. whether defects in Publicist will be corrected;
5. whether Publicist, the Seller Services or the Publicist Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of Publicist, Seller Services or Publicist Services;
6. any third party agreements or any guarantee of business gained by you through Publicist, Seller Services or Publicist Services or us; or
7. Publicist, Seller Services or Publicist Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
30. Limitation of Liability
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
1. any indirect, special, incidental or consequential damages that may be incurred by you;
2. any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
3. any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving Publicist.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Publicist services again or the payment of the cost of having the Publicist services supplied again.
31. Legal Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.
You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.
Legal notices will be served or to the email address you provide to Publicist during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
33. Law and Forum for Legal Disputes
We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Publicist irrevocably submit to the non-exclusive jurisdiction..
The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
36. No Waiver
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
You consent to receive notices and information from us in respect of Publicist and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your account.
38. Abusing Publicist
Publicist reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users.
Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:
1. use of our services for any illegitimate or non bona fide purpose
2. creating problems with other users or potential legal liabilities
3. infringing the intellectual property rights of third parties
4. acting inconsistently with the letter or spirit of any of our policies
5. abuse of any staff members including inappropriate or unreasonable communications
6. abuse or poor performance in the Preferred Publicist Program
7. any attempt to use Publicist’s platform or services for any objectionable purpose
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by emailing us at firstname.lastname@example.org