ProComm Terms of Service

Welcome to ProComm!

1.     Your relationship with ProComm

a)    Your use of ProComm's software, services and web sites is subject to the terms of this agreement between your Company and ProComm.  Your acceptance of the terms outlined herein represents your Company's acceptance, with you acting as an authorized agent of the Company.  All references herein to "you" refers to your Company, as well as your individual actions on behalf of your Company.  "ProComm" means ProComm Studio Services, Inc., whose principal place of business is at 189 Continuum Drive, Fletcher, NC 28732.

b)    ProComm reserves the right to change this policy at any time. Please check this page periodically for changes.

2.     Accepting the Terms

a)    In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.  You can accept the Terms by:

(1)  clicking to accept or agree to the Terms, where this option is made available to you by ProComm in the user interface for any Service; or

(2)  by actually using the Services. In this case, you understand and agree that ProComm will treat your use of the Services as acceptance of the Terms from that point onwards.

b)    Before continuing, please print or save a local copy of the Terms for your records.

3.     Your passwords and account security

a)    You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.  Accordingly, you agree that you will be solely responsible to ProComm for all activities that occur under your account.  If you become aware of any unauthorized use of your password or of your account, you agree to notify ProComm immediately at mailto:accountexecs@procommvoices.com.

4.     Privacy and your personal information

a)    For information about ProComm's data protection practices, please read ProComm's privacy policy at http://www.procommvoices.com/privacy. This policy explains how ProComm treats your personal information, and protects your privacy, when you use the Services.  You agree to the use of your data in accordance with ProComm's privacy policies.

5.     Content and Proprietary Rights

a)    Restrictions on the use of the text, images, graphics, sound files, animation, video and/or their arrangement on the ProComm website are all subject to intellectual property right protection and such material from www.procommvoices.com and any other world wide web site owned, operated, licensed or controlled by ProComm or any of its related, affiliated or subsidiary companies (collectively ProComm) may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of ProComm. Modification or use of the materials for any other purpose violates ProComm intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site, but remain with ProComm, who owns full and complete title to the material in this site.

b)    All remarks, suggestions, ideas, graphics, or other information communicated to ProComm through this site (collectively the "Submission") will forever be the property of ProComm. ProComm will not be required to treat any Submission as confidential, will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future ProComm operations. Without limitation, ProComm will have the exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. ProComm will be entitled to use the Submission for any commercial or other purposes whatsoever without compensation to you or other persons sending a Submission. By access to this site you acknowledge that you are responsible for whatever material you submit, and you, not ProComm have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. ProComm does not warrant or make any representation regarding the use of the materials contained in this site in terms of correctness, accuracy, reliability or otherwise. The material in this site may include technical inaccuracies or typographical errors and ProComm may make changes or improvements at any time.

6.     Miscellaneous

a)    These terms and conditions will be governed and interpreted pursuant to the laws of the State of North Carolina inside the United States of America, notwithstanding any principles of conflict of laws. This is the entire agreement between the parties relating to the use of this site. ProComm can revise these terms and conditions at any time by updating this posting. ProComm products and services are available in many parts of the United States. However, the ProComm site may describe products and services that are not available nationally. This site may be linked to other sites, which are not maintained by ProComm. ProComm is not responsible for the content of those sites.

b)    All trademarks and copyrights are the property of their respective owners.

7.     No Warranties or Representations

a)    The information contained in this site is provided "as is" and without warranty of any kind, expressed or implied, including, but not limited to, all warranties of merchantability and fitness for a particular purpose. ProComm does not warrant that the functions contained in the material will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. ProComm does not warrant or make any representations regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not ProComm) assume the entire cost of all necessary servicing, repair or correction. Accordingly, by using this information you agree that ProComm (including its agents, officers, directors and employees) are not liable for damages of any kind.

8.     License from ProComm

a)    ProComm gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by ProComm as part of the Services as provided to you by ProComm (referred to as the "Software" below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by ProComm, in the manner permitted by the Terms.  You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by ProComm, in writing.  Unless ProComm has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

 

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