TERMS AND CONDITIONS

Effective Date December 1, 2018

Pro Media Fire (“Pro Media Fire,” “We,” “Us,” “Our”) provides various business services, products, and goods through this Website (the “Service”). This Service is offered subject to Your acceptance of these Terms as well as any relevant sections of the Pro Media Fire Privacy Policy.

Please read these notice, terms, and conditions (“Terms”) carefully before using Our Service.

BY VISITING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU:

·       a) HAVE READ THESE TERMS,

·       b) UNDERSTAND THESE TERMS, AND

·       c) ACCEPT AND AGREE TO BE BOUND BY THEM.

You must be at least 18 years old to access this Website or to purchase products and/or Services from Us.

You agree that you are accessing the Services on Our Website for business purposes. If you are using the Service on behalf of an organization (business, nonprofit, or church), You are agreeing to these Terms for that organization and confirming now to Pro Media Fire that you have the authority to bind said organization to Our Terms of Service (in which event, “You” and “Your” will refer to that organization).

If You do not agree with these Terms, or are under 18 years old, please do not use the Services or Our Website. If at any time You are not willing to be bound by these Terms, You should:

·       a) click the “I do not accept” or similar button,

·       b) terminate any download and/or installation process,

·       c) immediately cease and refrain from accessing or using the program or services, and

·       d) delete any copies You may have.

SITE CONTENT

1.     License. Subject to these Terms, Pro Media Fire grants You a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, non-commercial use. Unauthorized access to or use of the Site or the Content is a breach of these Terms and may be a violation of law.

2.     Site Content. Unless specifically permitted herein, no information, materials, files, videos, or other content (collectively “Content”) comprising, contained in or distributed through the Site may be reproduced in any form or used by You without the prior written consent of Pro Media Fire. The Site and the Content found therein are the property of Pro Media Fire, its licensees and/or licensors. The Site and the Content are protected by copyright laws and international treaty provisions. You acknowledge that Pro Media Fire or its clients, business partners, licensees or licensors (as applicable) own and shall retain the exclusive right, title and ownership in and to all copyrights, trade secrets, trademarks and other intellectual property and proprietary rights in the Site and all Content. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the Site or any of the Content. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, attempt to obtain the source code of, grant a security interest in, publicly perform, publicly display, transfer or exploit the Site, the Content, any technology or software relating thereto, or any portion of any of the foregoing. All copyright, trademark, or other proprietary notices on the Site or any Content must be retained and displayed at all times.

ACCOUNTS

As part of the registration or account creation process, You will create or receive personally identifying login credentials. Certain personally identifying information, such as email address, phone number, billing address and even payment information (as may be applicable to particular Services which may be offered for sale via this Website), may also be required. Such registration information must be accurate and current.

The benefits, rights, and obligations afforded under these Terms are personal to You. You agree not to assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the Services and materials (including, but not limited to, audio, video, documentation, software, printed or digital materials, and other elements characterizing Our Services, also known as the Content on this Website, or any part of such Content, or share your rights under these Terms to and with others.

You agree that You will not provide false information to Us in generating Your account. Specifically, You agree that you will not

·       (i) select or use the login credentials of another person or company with the intent to impersonate that person or company; or

·       (ii) use login credentials in which another person or company has rights without such person’s or company’s authorization.

Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspense or termination of your account.

Only authorized users, who have duly attained access to the Content by personally agreeing to these Terms are permitted participation in and use of the Services, Content, and related materials. Except as expressly authorized by these Terms. You shall not provide or make available any Content, or any license key to any third party, or use the Content, or any license key, to teach any third party any portion of the Services or for any purpose other than exercising rights expressly granted to You by these Terms.

You are responsible for maintaining the confidentiality of Your login credentials. We reserve the right to terminate or suspend Your access to the Services if You share Your credentials or transfer such credentials to another party.

You are responsible for all usage or activity on Your account on this Website and related Social Media, including use of the account by any third party authorized by you to use your login credentials.

All monthly plans will be billed on the day of the month as your first payment.  Monthly plan is active while account is paid in full.  After 1 day of account delinquency without prior notification, your services will be placed on hold. After 14 days of account delinquency you will incur an additional fee of $85 to re-instate your account, you will lose any discounts and have to pay current monthly plan price as listed online.

REFUND and termination POLICY

Unless otherwise stated in writing with respect to particular Services offered for sale via this Website, Pro Media Fire abides by a strict, 14-day refund policy from the first payment charge date.  After 14 days from Your first payment charge date, there will be no refund. If refund has been issued, thereafter graphics and/ or videos from any plans may not be used or distributed for any reason in the public.  We can elect to terminate the Services at Our discretion at the next payment charge date without any liability for any reasons whatsoever, including without limitation, if You breach these Terms. You may terminate any account You have established by written notice to Us via email or by signing in to Our Website and initiating cancellation. Your termination notice must include client information, effective date of termination request and signature of authorized personnel.

After the 14-day refund policy, there will be no refunds for any paid monthly services.

NO WARRANTIES

By accepting these Terms, You agree and understand that We provide design, social and video  services and guarantee no  results. You acknowledge that We make no promise or representation including but not limited that You will have a certain amount of church visitors, or any increase financially, or that you will not lose money, as a result of using these Services.

Any results on Our Website or Our related Social Media are based on actual individual results of Our clients and/or estimates as may be stated. There is no guarantee that You will make these levels for yourself. As with any business, Your results will vary and will be based on Your personal abilities, experience, knowledge, capabilities, level of desire, and an infinite number of variables beyond Our control, including some variables that neither We nor You may have anticipated. There are no guarantees concerning the level of success You may experience.

There are unknown risks in any business or nonprofit organization, particularly with the Internet where advances and changes can happen quickly. The use of Our information, products and services should be based on Your own due diligence and YOU AGREE THAT WE ARE NOT LIABLE FOR YOUR SUCCESS OR FAILURE.

In accepting these Terms, You acknowledge that You take full responsibility for Your own success.

CONFIDENTIALITY

During the term of this Agreement and for a period of three years thereafter, neither party will disclose confidential information to others without the prior written consent of the other, unless that information (i) can be shown by contemporaneous documentation to have been in possession prior to the disclosure; (ii) at the time of the disclosure is, or thereafter becomes part of the public domain; or (iii) is furnished by a third party after the time of the disclosure without the breach of any duty.

This Agreement is limited in respect to the services described above in that:

(a)   We shall not be responsible for the loss of data for any reason;

(b)  We shall not be responsible for the accuracy of the data the Website employs or provides;

(c)   We shall not be responsible for the operation of hardware, networking, third-party software or peripheral devices;

(d)  We shall not be responsible for liability arising from the use of the Website, its function, guidance, data, availability or lack thereof;

(e)   You assume the responsibility to assure Your use of the Website is in accordance with state and federal law and government regulation of all types;

(f)   Direct access to the data for the purposes of querying, exporting, etc. from any party other than Our personnel or parties duly authorized by Us shall void any warranty and/or responsibility, expressed or implied, of Ours to support You.  Support issues that arise, in the opinion of Us, as a result of unauthorized access shall result in You being billed for additional services.

(g)  We reserves the right to invoice You for support that is a result of data loss for Website issues or corruption caused by the actions of employees or agents of Yours..

INDEMNIFICATION

The contents of the Services, including the Website, Content, and other materials made available via related Social Media, are protected by United States copyright, trademark and other intellectual property laws and international treaties and owned or controlled by Pro Media Fire, or the party credited as the provider of the Content. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. 

At our reduced rates in this agreement, You understands the rights are shared on the content created by Pro Media Fire for You.  We have the right to use all content at Our discretion. For example: we can use the content on its site as a reference to Our work.

You are responsible to pay for all copyright and royalty rights to any video, image, or music provided to Pro Media Fire for content creation. You agree that Pro Media Fire is not responsible for legal or financial liabilities that arise from any video, image, or music provided to Pro Media Fire for any project completed for You.

 

In no event will We are liable to You or any party related to You for any damage, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if We have been advised of the possibility of such damages. As such THE SERVICES, CONTENT AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED AS AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK.

You agree to defend, indemnify and hold harmless Pro Media Fire , its affiliates, licensees, vendors, partners, identified Site sponsors, and each of their respective directors, officers, members, managers, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of or relating to (a) Your breach of these Terms or any applicable laws or regulations, (b) Your access to or use of the Site and/or the Content, (c) Your violation, breach or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary or other right, (d) Your tortious acts including, without limitation, defamation, and/or (e) any claims You may raise against third parties relating to third party products or services. We reserve the right to assume, at Our expense, the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with our defense of such claims. If We assume such defense, We will be responsible solely for Our legal fees in connection with such defense and all other losses, damages, liabilities, judgments, settlements, costs and expenses shall be Your sole responsibility.

Limitations herein described shall be applied to the greatest extent enforceable under applicable law.

CONSENT TO USE INFORMATION

By accepting these Terms, you agree that We may collect, use and disclose your identifying information obtained as a result of Your plan , for the following purposes:

·       (i) the processing of this monthly plan application; and

·       (ii) the administration of the monthly plan with our organization.

Please visit the Privacy Policy (https://www.promediafire.com/privacy-policy) for further details on our data protection policy, including how You may access and correct Your personal information or withdraw consent to the collection, use or disclosure of Your personal information.

Additionally, when You communicate with Us, send Us information, or provide Content to Us, You grant Us a non-exclusive, worldwide, perpetual, royalty-free right to exercise all copyright and publicity rights that You have in such Content, in any manner whatsoever, in any media now known or which may be created in the future, as relates to this Website, the Services, and related Social Media. 

MISCELLANEOUS

These Terms are the entire agreement of the parties relating to the subject matter hereof, and supersedes all prior and contemporaneous negotiations, correspondence, understandings, and agreements of the parties relating to the subject matter hereof. It may be amended only by an agreement in writing, signed by both parties.

Any notice required or permitted hereunder shall be in writing and shall be deemed to have been duly given upon confirmation of receipt by the party to receive such notice, of an email sent to the e-mail address of such party.

We reserve the right to modify, terminate, or otherwise amend Services available via this Website and related Social Media accounts. We may, in the future, offer new and/or different services and/or features through its Website and associated Social Media accounts. Such new features and/or services shall be subject to these Terms.

Our failure to enforce any rights granted by these Terms or to take action against any other party in the event of any breach shall not be deemed a waiver by Us as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

These Terms in all respects shall be governed by and construed according to the laws of the State of Oklahoma. This Agreement is entered into in state of Oklahoma. You agree and consent to the exclusive jurisdiction and venue of the state of Oklahoma for any dispute arising from or related to this Agreement.

Should any part of these Terms be declared void or unenforceable, that term shall be severed from these Terms and such declaration shall have no effect on the enforceability of the remaining terms.