P&I Terms Of Use: Price and Item Media Inc.
Below please find information about issues pertaining to the use of Price and Item Media’s network of “This Week In…” sites.
ThisWeekIn.net (TWI) is a network of web sites created in order to inform you about community events, news and general information. The site is owned by Price and Item Media (P&I). By utilizing this service, you are agreeing to these Terms Of use.
Please read these terms carefully before using this service or registering. If you do not accept these terms, please refrain from utilizing this service.
New sites will continue to be added to the TWI network, so the Terms Of Use are subject to change at any time. We will always post an effective date. If you use the service after the effective date, you are agreeing to accept the new Terms Of Use.
Using the TWI Service
This service is to be used for non-commercial purposes only. All applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject still apply. If you want to use the service in any other way, you must obtain our written consent.
There is an abundance of content on our sites that is constantly changed and updated. P&I can not guarantee that this information is always accurate so you must use it at your own risk. By agreeing to this Terms Of Use, you agree that you will not hold P&I liable for any inaccurate, incomplete, outdated or missing information.
Links
The TWI sites will quite often link out to other web sites to provide you with as much information as possible. Please be aware that when you click on one of these links, you will be leaving our sites. We are not responsible for the content or the practices of other web sites.
Our Ownership Rights
P&I is the exclusive owner of most content on the TWI sites including copy, designs, and ntellectual property. By reviewing this terms Of Service, you are agreeing not to copy, distribute or modify our materials without the prior written consent of the owner of the materials.
License To Use Your Content
TWI sites allow you to do things such as comment on stories. In the future we may also allow you the opportunity to upload photos, videos and more. When you do ths, you still own the content, however, you are also granting P&I the license to use, redact, republish, copy and distribute said content without payment or compensation and without any further approval from you.
E-Mail Information
In order to receive e-mails from TWI sites you must submit your e-mail address to us. When you do this you are agreeing that the e-mail address is your address and does not belong to another person or party. By submitting your e-mail address to us you are agreeing to receive e-mails from the P&I sites to which you submitted your e-mail address. These e-mails may be sent out one time per week or more frequently. The e-mails may contain information similar to what you see on a TWI site, however they may also contain other information, including information from our advertisers. You may opt out of receiving e-mails any time by scrolling to the bottom of a TWI site and clicking on opt-out.
Mobile Information
In order to receive text messages from TWI sites you must submit your mobile number to us. When you do this you are agreeing that the mobile number is your number and does not belong to another person or party. By submitting your mobile number to us you are agreeing to receive text messages from the P&I sites to which you submitted your mobile number. These text messages may be sent out one time per week or more frequently. Standard rates apply. You may opt out of receiving text messages any time by scrolling to the bottom of a TWI site and clicking on opt-out.
Disclosure to Advertisers
Advertising support allows us to offer, free of charge, great content and services to our users. Therefore, we may also use your Personal Information for the marketing of events, products or services of our generous Advertisers. There are a couple ways you may receive information from Advertisers. Either via email or text messages from the Site, or directly from the Advertiser. We may use one or both methods depending on the activity and the Advertiser.
We do not currently share Personal Information with our Advertisers. However, depending on the activity, we may in the future do so and you will receive notice on the Site and/or in the rules of participation (“Rules of Participation”) for the event or activity, or via an email notice. Please be informed that our Advertisers may not have the same privacy policies that we do. Therefore, you will need to tell us if you do not want to receive marketing information directly from our Advertisers. You will need to check the “Opt-out” click boxes that may be included on the registration area for the particular event, in an email, or notify us at [email protected]
As mentioned above, we also provide you with an option to opt-out of receiving email from us. You must use the designated method in the email message to notify us of your Opt-out request, as we cannot guarantee that other methods of notification will work. Please be aware that we may continue to contact you via email for administrative or informational purposes, including follow-up messages regarding contests you have entered or other transactions you have undertaken. We are not responsible for removing your Personal Information from third party lists or entities which you have previously authorized us to share your information. You will need to contact those entities directly.
Acceptable Use Policy
P&I expects all of it’s users to act in a respectful manner. If you see anything on the site that may indicate otherwise, please let us know at .
You are responsible for the content that you post on the TWI sites. When you use the sites you are agreeing that you will not hold P&I responsible of liable for any content from other users.
P&I will do it’s best to monitor the TWI sites, however we are under no obligation to screen contnet and we are not responsible for accuracy, safety or intellectual property rights relating to such content. It is also possible that by visiting TWI sites you may be exposed to objectional or inaccurate content. If you prefer not to be exposed to such information, you should not visit the site.
No Warranties
The content available on the TWI sites is provided as-is and we make no representations or warranties of any kind. Furthermore, we disclaim any express or implied warranties including non-infringement, title, merchantability or fitness for a particular purpose. We do not warrant that the function or materials or content contained herein will be completely secure, uninterrupted or error free, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components. We are not liable for the use of the service, including, without limitation, the content and any errors contained, provided by third parties. We will not be liable under any theory of tort, contract, strict liability or other legal or equitable theory for any direct, indirect, special, incidental, or other consequential damages, lost profits, lost data, costs of cover, exemplary, punitive, personal injury/wrongful death, each of which hereby excluded by agreement of the parties regardless of whether or not we have been advised of the possibility of such damages.
Indemnity
Based on these Terms Of Use, P&I cannot be held responsible if you choose to disregard them. You agree to defend, indemnify and hold harmless P&I, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Patch) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Governing Law
The P&I sites are governed by the laws of California. As such you hereby expressly consent to exclusive jurisdiction and venue in the courts located in Los Angeles County, California for all matters arising in connection with these Terms Of Use or your access or use of the service.
Any claims asserted by you in connection with the TWI sites must be asserted in writing to P&I within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.
Severability
We consider our Terms Of Use to exist as individual parts of a larger whole. If any part of these Terms of Use are held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use. This means that even if one part of the Terms is judged unsound, the rest still apply.
Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms Of Use. Our rights and remedies under these Terms Of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Contact UsIf you have any questions, comments or concerns regarding our privacy policy and/or practices, please contact:
Earl Baer
Chief Executive Officer
Office: (310)317-8488
Send Mail Correspondence to:
Price and Item Media Inc.
22631 Pacific Coast Highway, #377
Malibu, Ca 90265