Terms & Conditions - AUP - Part 2of 2


    12. Breach


    12.1 Without limiting other remedies, PHMC may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide the Services to you if:

    12.1.1 you breach this Agreement or the documents it incorporates by reference (including but not limited to our Privacy Policy)

    12.1.2 PHMC are unable to verify or authenticate any information you provide to us; and

    12.1.3 PHMC believe that your actions may cause legal liability for you, our members or us.

    13. Privacy

    13.1 By posting to «FEAC», you are agreeing that other members may make statements about your views, opinions or services which you regard as untrue. In any such event if you contact PHMC giving full details, PHMC will conduct a brief investigation the result of which may be the removal of the offending statement. Whether or not the offending statement is removed, and regardless of whether you notify us of the statement, you hereby waive any right you might otherwise have against PHMC in connection with such statements. You accept that PHMC cannot control such statements and that it is not practicable to conduct full, detailed, investigations. The full details on how we manage your personal information, you should review our Privacy Policy.

    14. No Warranty

    14.1 The Site including, without limitation, its contents, functionality, performance and features are provided on an "as available basis" at the member's sole risk and without representations or warranties of any kind and to the full extent permitted by law. PHMC and other parties involved in creating, producing or delivering «FEAC»expressly exclude all warranties, conditions or terms express or implied, statutory or otherwise including without limitation any warranty as to satisfactory quality or any warranty or commitment that access or use will be uninterrupted or error free.

    15. Liability Limit

    15.1 In no event shall PHMC or its suppliers be liable for any direct, indirect or consequential loss (however arising, including as a result of negligence) arising out of or in connection with this agreement including the use of «FEAC»or the Services EXCEPT where and to the extent that applicable law prohibits such exclusion or limitation.

    15.2 PHMC shall not be liable or responsible in any way for any damage caused by any misuse of «FEAC»by you or any third party, or caused by any of the Services.

    15.3 PHMC shall be free to modify, temporarily suspend or cancel the Services and to reasonably amend these Terms and Conditions at any time in writing which amendments will be deemed to be agreed by you on your continued use of «FEAC»and the Services.

    16. Indemnity

    16.1 You agree to indemnify, defend and hold harmless PHMC and its subsidiaries, affiliates, officers, directors, agents, and employees, from and against any claim, demand, liability, cost, damage or lost it may incur, including legal fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

    17. Legal Compliance

    17.1 You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service.

    18. No Agency

    18.1 You agree that you and PHMC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

    19. Notices

    19.1 All notices required to be served on PHMC shall be sent to the contact address or email address stated at the bottom of these Terms and Conditions or as otherwise notified on «FEAC»from time to time for such purpose.

    20. Arbitration

    20.1 Any dispute arising out of or relating to this Agreement or the Services shall be settled by an arbitration tribunal designated by PHMC. Any such dispute shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the USA., and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or PHMC may seek any interim or preliminary relief from a court of competent jurisdiction in the USA. necessary to protect the rights or property of you or us pending the completion of arbitration.

    21. Intellectual Property

    21.1 You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trade marks and trade names whether registered or unregistered and subsisting anywhere in the World) in «FEAC»belongs to PHMC or its third party licensors. Accordingly, any part of «FEAC»(or its code) may not be used, transferred, copied or reproduced in whole or in part for any purpose other than the utilisation of «FEAC»and the Services, meaning that you may only display it on your computer screen and print it out on your printer for the sole purpose of viewing its content in connection with the Services.

    21.2 Subject to the terms and conditions herein, copyright and all other intellectual property rights subsisting in each and every piece of information provided on «FEAC»is owned by PHMC or the third party providers of such information. You may use information retrieved from «FEAC»only for the purposes of the Services.

    21.3 PHMC reserves the right in accordance with the license granted under these Terms and Conditions to license and republish the material contributed by you.

    21.4 No person other than the rightful owner or licensee of any copyright and other intellectual property rights may:

    21.4.1 distribute, modify, transmit, re-use, re-post, or use any or all of the information on this Site for any purpose other than as set out above nor for public or commercial purposes without PHMC's or the relevant licensee's prior written permission;

    21.4.2 provide hypertext links, URL Links, graphic links, hyperlinks or other direct connection for profit or gain to the PHMC Services without PHMC's or the relevant licensee's prior written permission;

    21.4.3 display, publish, copy, print, post or otherwise use the PHMC Services and the information contained therein for the benefit of any other website without PHMC's or the relevant licensee's prior written permission;

    21.4.4 process or otherwise use the information contained on or within the PHMC Services for any illegal or immoral purpose nor use or process the same unfairly.

    21.5 You agree and accept that PHMC may publish or otherwise distribute Member Information and you therefore grant to PHMC an irrevocable, perpetual, non-exclusive right and licence to publish Member Information and all content contained therein on or within «FEAC», on any other media whatsoever and in its own advertising and promotion.

    21.6 You undertake to PHMC to indemnify and hold harmless PHMC in full and defend at your own expense PHMC against all claims, liabilities, costs and losses whatsoever and howsoever incurred by PHMC its servants or nominees arising out of any claim made against it in any jurisdiction in the world for infringement of any intellectual property rights of any third party caused by your use of «FEAC»and Member Information.

    21.7 PHMC, the PHMC logo, «FEAC»and the «FEAC»logo are trade names or trade marks of PHMC, the use of which is expressly forbidden by any other persons without the express permission of PHMC.

    21.8 PHMC makes no warranty or representation in respect of any other trade mark or trading name, symbol or device, all of which are hereby acknowledged. If you have any questions in relation to the use of any marks contained within the PHMC Services please contact PHMC at the address below.

    22. Intellectual Property Infringement

    22.1 Users might share messages and information that they have copied from other sources. As there are many thousands of possible sources of various nature spread out across the Internet, it is impossible for PHMC to know if a posting or other content contribution infringes a third party's intellectual property right and to what degree.

    22.2 If you believe that your intellectual property right has been infringed, it is your obligation to notify PHMC immediately. PHMC accepts no liability for copyright or trade mark infringement or any other infringement of a third party's intellectual property rights by any of its users though PHMC will endeavour to protect any rights owner through reasonably appropriate action should any infringement come to light.

    23. General

    23.1 This Agreement shall be governed in all respects by the laws of Delaware as if the Agreement was a contract wholly entered into and wholly performed within PHMC. Except in the event of arbitration, the parties hereby submit to the jurisdiction of the Delaware courts.

    23.2 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out of these Terms and Conditions and the remaining provisions shall remain in force. PHMC's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

    23.3 The laws of your country may be different from those of Delaware in numerous respects. There is no practical way for PHMC to monitor the laws of every country in detail. Please do not assume that you are allowed to do what other members do. PHMC does not approve or validate transactions, advice or communications, and you accept sole responsibility for the legality of your actions under laws applying to you.

    23.4 PHMC does not accept any obligation to protect you from any unsafe merchandise, products or services that may be offered on «FEAC». Please do not assume that such items offered will be harmless to people or property.

    23.5 These rules are in addition to all others contained in the agreement. You are responsible for checking that your activities are all lawful according to the local laws in your country. If you and any other party are both based in the European Union and enter into a transaction agreement of any kind through the site then the seller's local law will govern further dealings as to shipment, payment etc. - unless you both explicitly agree otherwise.

    23.6 However, note that your country (and/or that of any member you deal with) may have some laws, which apply regardless of what you agree with us (now) or with that member (later).

    24. Contact Information

    For your information we list below the contact details of PHMC GPE LLC:  Social Media Portal («FEAC») c/o PHMC GPE LLC address: 2915 Ogletown Road  NEWARK DE-19713 U.S.A.

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