Prometheus Global Media, LLC eMedia Premium Subscriber Agreement
This Subscriber Agreement (the "Agreement") sets forth the terms and conditions on which Prometheus Global Media, LLC, its affiliates, subsidiaries, officers, directors, employees, and agents (together, "Prometheus") will furnish you ("Subscriber") a limited, non-exclusive and non-assignable license to access Prometheus's Online Premium Services electronic database and/or print publication subscription service (collectively, the "Service").
Please read the entire Agreement carefully. By completing the enrollment process, you agree to the terms of this Agreement just as if you had physically signed it.
Please also refer to the Terms of Use and Privacy Policy that govern the use of websites operated by or for Prometheus (together, the "Websites"). The Websites include www.Billboard.com, www.Billboard.biz, www.Adweek.com, www.Mediaweek.com, www.Brandweek.com, www.Backstage.com, www.HollywoodReporter.com, www.ClioAwards.com, and www.FilmJournal.com. The Terms of Use and Privacy Policy are incorporated by reference into this Agreement.
- 1. Ownership and Use
Information received by Subscriber through the Service is provided solely for the personal, non-commercial use of the Subscriber. Subscriber agrees not to re-transmit or distribute any of the information received from the Service, unless separately and specifically licensed to do so in writing by Prometheus.
Exception: Subscriber may share the information received through the Service with a small number of individuals for private, personal, non-commercial purposes, provided that when sharing that information, Subscriber must always include all applicable copyright notices, attribution and source information. For example, Subscriber is authorized to email an article to a friend where Prometheus makes that option available, provided that the Subscriber must use the "email this article" tool rather than cutting and pasting the text of the article into an email.
Please refer to the Terms of Use for information regarding ownership of all content provided to Subscriber through the Service.
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2. Fees and Payment
Subscriber agrees to make periodic payments to Prometheus in consideration for the Service. The length of the subscription period is determined by the subscription plan selected by Subscriber during the sign-up process. The periodic fees will be based on the rate schedule in effect at the time the Subscriber signs up or renews. Any applicable sales or use taxes will be payable by Subscriber and may be included in each periodic statement.
- 3. Automatic Renewal
If Subscriber enrolls in Automatic Renewal, then Subscriber will automatically be billed at the start of each new subscription period or Subscriber's credit card will automatically be charged at the rate then in effect, following notice to Subscriber of such charge, and provided that Subscriber does not respond to the notice by advising Prometheus to discontinue the Service. Subscriber may terminate enrollment in Automatic Renewal at any time by emailing e5paid@omeda.com or by calling 1-800-658-8372. The Service shall be deemed terminated on the last day of the subscription period in effect.
- 4. Unauthorized Use
Subscriber agrees that any unauthorized use of the Service (or any data derived therefrom) by Subscriber may result in immediate termination of the Agreement, without refund of any pre-paid fees. Refer to the Terms of Use for more information about unauthorized uses. Subscriber agrees to provide true and accurate information to Prometheus in connection with enrollment, and Subscriber is responsible for ensuring the continued accuracy of that information. Prometheus reserves the right to terminate Subscriber's access to the Service, without refund of any paid fees, if Subscriber provides any false information to Prometheus. In the event of such termination, Subscriber will continue to be liable for applicable fees for the period prior to termination, together with such other remedies to which Prometheus may be entitled.
- 5. Password Disclosure
Subscriber shall select a unique user name and password to obtain access to the Service. Subscriber shall be solely responsible for maintaining the confidentiality of this information and for restricting access to Subscriber's computer. Subscriber shall be solely responsible for any and all use of Service, including without limitation, any and all charges incurred by a third party, under Subscriber's user name and password. If at any time Subscriber should learn or suspect that Subscriber's password has been obtained by a person not authorized by Subscriber to use it, Subscriber shall notify Prometheus Customer Service at 1-800-658-8372, or by email to terms@prometheusgm.com or in writing to 770 Broadway Ave, 11th Floor, New York, NY 10003. Upon receiving such notice, Prometheus will assign a new password to Subscriber without charge.
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6. Delays in Service
Prometheus shall not be liable for any loss resulting from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, Internet failure, intranet failure, extranet failure, hardware or software defects, storms, strikes, walkouts, fire or other casualty damage, or other causes over which it has no direct control, or any loss resulting from the contents of the Service, or any errors in the transmission thereof.
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7. Termination
This Agreement shall remain in effect during the entire term of the subscription. Subscriber may cancel subscription at any time. Regardless of the reason for cancellation or termination, all fees or charges paid by Subscriber before cancellation are non-refundable. Prometheus reserves the right, at its sole discretion, to immediately terminate Service upon failure of Subscriber to make payment when due or if Subscriber violates any of the terms and conditions of this Agreement. This Agreement is not assignable by Subscriber.
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8. Monitoring
Prometheus may monitor information transmitted or received through the Service and Prometheus may review, censor or prohibit the transmission of any information which Prometheus in its sole discretion deems obscene, offensive or otherwise inappropriate, as described more fully [in Section IV of] the Terms of Use.
- 9. Disclaimer of Warranty
To the fullest extent permitted by law, Prometheus disclaims all warranties, expressed or implied, with respect to the Service and information provided to Subscriber by the Service, including any warranty of merchantability or fitness for any particular purpose except as set forth in this Agreement. Prometheus makes no warranty of the continuous availability of the Service.
Certain information and services provided in connection with the Service are compiled from and distributed by sources which may be beyond the control of Prometheus. Subscriber agrees that use of the information provided shall be at Subscriber's sole risk and Subscriber assumes the risk of errors and omissions in the information provided, and in its transmission or translation. Prometheus assumes no liability for inaccuracies in any of the information or content made available to Subscriber through the Service.
The provisions of this Section shall survive termination of this Agreement.
- 10. LIMITATIONS OF LIABILITY, INDEMNITY
In no event shall Prometheus be liable for damages arising out of the use of or inability to use the service including but not limited to any incidental, consequential, direct, indirect, compensatory or special damages.
Notwithstanding the enforceability or non-enforceability of any other provision of this agreement, the maximum aggregate liability of Prometheus to Subscriber for any claims arising from or related to this Agreement shall be limited in an amount equal to a refund of all sums paid by Subscriber to Prometheus under this Agreement. This provision shall survive termination of this Agreement.
Subscriber shall defend, indemnify and hold harmless Prometheus from any claims and expenses, including reasonable legal fees, arising out of any breach of this Agreement by Subscriber or out of Subscriber's use of the Service.
The Terms of Use provide additional information on limitations of liability. To the extent of any conflict between this Agreement and the Terms of Use, this Agreement shall control.
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11. Agreement Governs
If there is any conflict between this Agreement and the Terms of Use or any other document, this Agreement will govern unless such other document expressly indicates otherwise.
- 12. Governing Law
This Agreement shall be governed by the laws of the State of New York without regard to principles of conflict of laws. Any action or proceeding arising under this Agreement shall be commenced exclusively in either the courts of the State of New York situated in the County of New York or in the United States District Court for the Southern District of New York. Such action or proceeding must be commenced no later than one year after the accrual of the claim giving rise therein. Subscriber consents to the personal jurisdiction of such courts for the purpose of litigating any such action or proceeding.
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13. Recovery of Fees
Subscriber agrees to reimburse Prometheus for any attorney's fees, costs of litigation, and other expenses incurred by Prometheus in any successful effort to enforce any of the provisions of this Agreement against Subscriber.
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14. Entire Agreement
Subscriber acknowledges that this Agreement, including the Terms of Use and Privacy Policy, constitutes the entire agreement between the parties.
Copyright © 2010 Prometheus Global Media, LLC. All rights reserved.
