07. Export Laws
You acknowledge that the Service, and any portion thereof, may be subject to the export control laws of some specific countries. You will not violate any applicable export law or regulations through export, re-export, divert, or transfer, or disclose any part of the Service or any related technical features, material or information, either directly or indirectly.
08. Injunctive Relief
Without prejudice to and in addition to Your or PMK Academy’s rights under the following Dispute Resolution—Arbitration Agreement and Class Action Waiver, You agree and You acknowledge that any use of PMK Academy contrary to this Agreement, or any transfer, sublicensing, copying, or disclosure of technical information or materials related to the Service, may cause irreparable injury to PMK Academy, its affiliates, suppliers and any other party authorized by PMK Academy to resell, distribute, or promote the Service (“Resellers”), and under such circumstances PMK Academy, its affiliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.
09. Proper Use & User Content
PMK Academy does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. You understand that all User Content is the sole responsibility of the person from which such User Content originated. This means that you, and not PMK Academy, are entirely responsible for all User Content that you upload, post, transmit or otherwise make available via your Account.
Under no circumstances will PMK Academy be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You understand that by using the Service, you may be exposed to User Content that is objectionable, offensive or indecent. You acknowledge that PMK Academy does not pre-screen User Content, but that PMK Academy and its designees shall have the right (but not an obligation) in their sole discretion to refuse, modify or move any Content that is available via the Service. Without limiting the foregoing, PMK Academy and its designees shall have the right to remove any User Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not reasonably rely on any Content created by PMK Academy or submitted to PMK Academy. You acknowledge and agree that PMK Academy may preserve User Content and may also disclose User Content if required to do so legally or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- Comply with legal processes.
- Enforce the Agreement.
- Respond to claims that any Content violates the rights of third-parties.
- Protect the rights, property.
- personal safety of PMK Academy, its users and the public.
If PMK Academy discloses User Content to comply with legal process or respond to claims that any User Content violates the rights of third-parties, to the extent permitted by law, regulation or legal process, PMK Academy agrees to provide you with notice of any such legal or governmental demand and reasonably cooperate with you in any effort to seek a protective order or otherwise to contest such required disclosure.
Should User Content be found or reported to violate, but not limited to, the following terms, it will be in PMK Academy’s sole discretion as to what action should be taken. You agree that you will not:
Transmit, post, upload or otherwise make available any User Content that is unlawful, harmful, threatening, harassing, hateful (or racially or ethnically objectionable), abusive, defamatory, vulgar, obscene, libelous, tortuous, or invasive of another’s privacy (up to, but not excluding any personal information such as an address, email, phone number without the written consent of the owner of that information).
Cause harm or attempt to cause harm to minors
Impersonate another person or entity, including, but not limited to, a PMK Academy official, Service admin, author or website contributor, or falsely state or otherwise misrepresent your affiliation with another person or entity;
Upload, post or otherwise transmit User Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
Use the Service to upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, including but not limited to
- Sending mass email to recipients who haven’t requested email from you or with a fake return address.
- Promoting a site with inappropriate links, titles, descriptions.
- Promoting your site by posting multiple submissions in public forums that are identical.
Use the Service to upload, post or otherwise transmit software viruses or any computer code, files or programs designed to disrupt, delete or limit the functionality of any computer software or hardware or telecommunications equipment;
Attempt to disrupt with or “hack” the Service or servers or networks connected to the Service, or disregard requirements, policies, rules or regulations of any networks connected to the Service;
Violate any applicable local, state, national or international law, either intentionally or unintentionally, including, but not limited to, regulations put into effect by the U.S. Securities and Exchange Commission, or any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
Violate acceptable use or exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or sharing User logins, or manipulating other user’s comments or timesheets, or otherwise altering other’s User Content as an Account holder. If any user is reported to be in violation with the letter or spirit of these terms, PMK Academy retains the right to terminate such account at any time without further warning.
Take actions that impose an unreasonable or disproportionately large load on our infrastructure; or Modify, copy, reproduce, alter, or publicly display any information displayed on the Service (except for your User Content), or create derivative works from our website (other than from your User Content), to the extent that such action(s) would constitute copyright infringement or otherwise violate the intellectual property rights of PMK Academy or any other third party, except with the prior written consent of PMK Academy or the appropriate third party.
You further understand that the technical processing and transmission of the Service, including your User Content, may involve
- Transmissions over various networks.
- Modifications to conform and adapt to technical capabilities and requirements of connecting networks or devices.
10. Use & Storage Practices
You agree that PMK Academy is not responsible or liable for the deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service.
You further acknowledge that we reserve the right to log off users who are inactive for an extended period of time and that we reserve the right to log off users for system updates at our sole discretion. We will endeavor to notify customers in the Service prior to any downtime events.
You acknowledge that PMK Academy may establish general practices and limits regarding Use and Storage within the Service and retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
11. Beta Features
PMK Academy may, at its sole discretion from time to time, add new features to the Service that may be described as “Beta” features or services (collectively, “Beta Features”). These Beta Features will be considered part of the Service and all provisions of these Terms relating to the Service will apply to these Beta Features as well.
Beta Features may include partially functional or non-functional features of the Service, and use of Beta Features also authorizes PMK Academy access to your usage data for product development research and analysis.
You acknowledge that access to Beta Features is optional, and if you elect to use a Beta Feature, you agree to do so at your own risk.
12. Content on the Service
PMK Academy takes no responsibility for any third-party Content or User Content (including, without limitation, any viruses or other disabling features), nor does PMK Academy have any obligation to monitor such third-party Content. PMK Academy reserves the right at all times to remove or refuse to distribute any Content on the Service, such as Content which violates these Terms of Service. PMK Academy also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to
- Satisfy any applicable laws, regulations, legal processes or governmental requests,
- Enforce these Terms of Service, including investigating potential violations,
- Detect, prevent, or mitigate fraud, security or technical concerns,
- Respond to your support requests,
- Protect the rights, property or safety of PMK Academy, its users and the public.
PMK Academy is not responsible or liable for the exercise or non-exercise of its rights under this Agreement.
If PMK Academy discloses any such information to satisfy applicable laws, regulations, legal processes or governmental requests or to respond to your support requests, to the extent permitted by such laws, regulations or legal processes, PMK Academy agrees to provide you with reasonable notice of any such demand and cooperate if you seek a protective order or otherwise contest such required disclosure.