Terms of Use

Last Revised on: April 13, 2020

PRISM5 INC. WEBSITE TERMS OF USE

This Terms of Use Agreement (“Agreement” or “Terms of Use”) is made by and between PRISM5 INC., a Florida corporation, and you (“you,” “your” or “User”). This Agreement contains the terms and conditions that govern your use of this website, www.globalrosemedia.com (the “Website”).

BY ACCESSING OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, OR OTHER PRISM5 INC.  SOFTWARE, SERVICES, WEBSITES OR ANY OF PRISM5 INC.’S SERVICES (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

PRISM5 INC.  RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN PRISM5 INC.’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT SUPERSEDES ALL PREVIOUS VERSIONS.

No implication is made that the materials published on PRISM5 INC.’s Website(s) are appropriate for use outside of the United States. If you access this Website from outside of the United States, you do so on your own initiative and you are responsible for compliance with local laws. Additionally, this Terms of Use is published in English and may in the future be published in Spanish. If we do publish this Term of Use in Spanish or any other language, we will be doing so solely as a curtesy to our Website users. However, the English version of this Terms of Use is our official Terms of Use, and we are not responsible for errors in translation to a version in any other language.

ACCESS TO THIS WEBSITE

To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that all the information you provide on this Website will be correct, current, and complete. If PRISM5 INC.  believes the information you provide is not correct, current, or complete, PRISM5 INC.  has the right to refuse you access to this Website or any of its resources, and to terminate or suspend your access at any time.

RESTRICTIONS ON USE

You may use this Website for purposes expressly permitted by this Website. As a condition of your use of PRISM5 INC.’s Website, you represent and warrant to PRISM5 INC.  that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this Website, (ii) frame this Website, or (iii) download any content from this Website (other than as provided by this Terms of Use) without the express prior written permission of an Officer of PRISM5 INC. (i.e., the President, or any Vice President, or any other person designated as an Officer in their title such as, for example, the PRISM5 INC.’s Chief Marketing Officer). For purposes of this Terms of Use, co-branding means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Website or content accessible within this Website. You agree to cooperate with PRISM5 INC.  to prevent or remedy any unauthorized use. In addition, you may not use PRISM5 INC.’s Website in any manner which could disable, overburden, damage, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the Website.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

PRISM5 INC.’s Website is for your personal and non-commercial use, unless otherwise specified. You may not use this Website for any other purpose, including any commercial purpose, without PRISM5 INC.’s express prior written consent. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to PRISM5 INC.’s Website, unless expressly permitted by this Terms of Use.

PROPRIETARY INFORMATION

The material and content accessible from this Website that is created or owned by PRISM5 INC., as well as any such content in any other website owned, operated, licensed, or otherwise controlled by PRISM5 INC.  (collectively, the “PRISM5 Content”) is the proprietary information of PRISM5 INC. To the extent any third party provided or licensed material and content to PRISM5 INC. (any such party, a “Third Party” and any such content, “Third Party Content”), such providing Third Party retains all rights, title, and interest in that Third Party Content, subject to its license to PRIMS5, INC. (For purposes of convenience, PRISM5 Content and Third Party Content are collectively referred to as “Content”.)  Accordingly, no Content may be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of PRISM5 INC., except that you may print out a copy of the Content solely for your personal use, and you may re-post on other websites, including social media sites, a single image and up to fifty (50) words of text from any Content taken from this Website if such posting provides attribution to PRISM5 INC. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing in any of the Content.  Modification or use of the Content except as expressly provided in this Terms of Use violates PRISM5 INC.’s intellectual property rights, and possibly the rights of a Third Party. Neither title nor any other intellectual property rights in any of the Content are transferred to you by access to this Website.

From time to time, the Website will utilize various plugins or widgets to allow sharing of Content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of PRISM5 INC.’s or Third Party’s intellectual property rights. Such use is a limited, non-exclusive license to republish the Content on the approved social media channels, provided such re-publishing gives attribution to PRISM5 INC. 

LINKS TO THIRD-PARTY WEBSITES

This Website may link to other sites which are not maintained by, or related to, PRISM5 INC. You represent and warrant that you have read and agree to be bound by all applicable terms of use and policies for any Third Party websites. Links to such sites are provided as a service to users and are not sponsored by or affiliated with this Website or PRISM5 INC.  PRISM5 INC. has not reviewed any or all of such sites and is not responsible for the content of those sites. Links are to be accessed at the user’s own risk, and PRISM5 INC. makes no representations or warranties about the content, completeness or accuracy of the sites linked to or from this Website. You expressly hold PRISM5 INC. harmless from any and all liability related to your use of a Third Party website.  PRISM5 INC.  provides links as a convenience, and the inclusion of any link to a Third Party site does not imply endorsement by PRISM5 INC.  of that site or any association with its operators.

USE OF COMMUNICATION SERVICES

PRISM5 INC.’s Website may contain comment boxes, forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service. Users agree to adhere to this Terms of Use agreement when using PRISM5 INC.’s Communication Services.

When using the Communication Services, you agree that you will not post, send, submit, publish, or transmit in connection with this Website any material that:

  • You do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);
  • Advocates illegal activity or discusses an intent to commit an illegal act;
  • Is vulgar, obscene, pornographic, or indecent;
  • Does not pertain directly to this Website;
  • Threatens or abuses others, libels, defames, invades privacy, stalks, or which is racist, abusive, harassing, threatening or offensive;
  • Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
  • Violates any law or may be considered to violate any law;
  • Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • Falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded;
  • Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Website;
  • Solicits funds, advertisers or sponsors;
  • Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Website;
  • Includes MP3 format files;
  • Amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
  • Disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Website or any networks connected to this Website; or
  • Contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

PRISM5 INC. reserves the right to monitor use of this Website to determine compliance with this Terms of Use, as well as the right to remove or refuse any information for any reason.  PRISM5 INC. reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.  PRISM5 INC. also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither PRISM5 INC. nor any Third Party that provides Third Party Content to PRISM5 INC. will assume or have any liability for any action or inaction by PRISM5 INC. or such Third Party with respect to any submission. PRISM5 INC. cautions you against giving out any personally identifying information about yourself in any Communication Service.  PRISM5 INC. does not control or endorse the content, messages or information found in any Communication Service and, consequently, PRISM5 INC. specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PRISM5 INC. spokespersons, and their views do not necessarily reflect those of PRISM5 INC.

SUBMISSIONS

Unless you and PRISM5 INC. enter into a separate written contract for use of your content that states otherwise, you hereby grant to PRISM5 INC. the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to PRISM5 INC.  through this Website (collectively, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. PRISM5 INC. will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future PRISM5 INC.  operations.

PRISM5 INC.  will treat any personal information that you submit through this Website in accordance with its Privacy Policy [DRAFTING NOTE:  We Need to add link here]

NO REFUND POLICY

You understand and agree that it is PRISM5 INC.’S policy not to provide any refunds for any reason whatsoever (including but not limited to dissatisfaction with any work performed by PRISM5 INC. Or any subcontractor of PRISM5 INC.), except as provided in the next sentence. In the event that you have paid a fee for multiple months of work, PRISM5 INC.’S no refund policy will pertain only to the month or months up to the date you provide written notice of termination of service, and we will refund the portion of your previous payment applicable to any later months (if any). For purposes of this no refund policy, if the payment is made for a period starting on a day other than the first day of a calendar month, the word “month” shall mean the period from the starting date through, but not including, the same date in the succeeding calendar month as well as each month thereafter.

DISCLAIMER

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PRISM5 INC. DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PRISM5 INC.  DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRISM5 INC.  DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PRISM5 INC.  MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT PRISM5 INC., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. PRISM5 INC. MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

Without limiting the generality of the forgoing, you understand and agree  that PRISM5 INC. (i) cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties; and (ii) makes the Website available on an “as available” basis without any representations or warranties, expressed or implied. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for any reconstruction of any lost data. PRISM5 INC. does not assume any responsibility or risk for your use of the Internet. You further understand and agree that the Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by PRISM5 INC.

All of the information in this Website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this Website, and PRISM5 INC. does not undertake any obligation to update such information after it is posted or to remove such information from this Website if it is not, or is no longer accurate or complete.

LIMITATION ON LIABILITY

PRISM5 INC., ITS SUBSIDIARIES AND AFFILIATES (IF ANY), LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PRISM5 INC.  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to indemnify and hold PRISM5 INC. , its subsidiaries and affiliates (if any), licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Terms of Use by you, including any use of Content other than as expressly authorized in this Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Website.

TRADEMARKS AND COPYRIGHTS

The trademarks, trade names, service marks, and logos (“Trademarks”) appearing on this Website, including without limitation, PRISM5 INC. and/or its distinctive logo, are the property of PRISM5 INC. All other Content on this Website (“Copyrights”), including all page headers, custom graphics, button icons, and scripts are copyrighted works of PRISM5 INC. (but excluding any copyrighted Third Party Content), and PRISM5 INC. reserves all rights in such Trademarks and Copyrights.  You agree that you will not  copy, imitate or use any Trademarks or Copyrights, in whole or in part, without the prior written permission of PRISM5 INC. except as specifically authorized by this Terms of Use.  From time to time, the Website will legally utilize intellectual property owned by Third Parties related to PRISM5 INC.’s services.  The rights in any third-party trademarks or copyrighted works on this Website are retained by their respective owners.  Nothing in this Agreement shall confer any right of ownership of any of the Trademarks or Copyrights to you.  Further, nothing in this Agreement shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or Copyright without the express written permission of PRISM5 INC. except as specifically authorized by this Terms of Use.  The misuse of the Trademark or Copyrighted works displayed in this Website, or any other Content on the Website, is strictly prohibited and may expose you to liability.

SECURITY

You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, PRISM5 INC.  reserves the right to release details of your actions to system administrators at other sites in order to assist them in resolving security incidents. PRISM5 INC.  reserves the right to investigate suspected violations of this Terms of Use.

PRISM5 INC. reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing PRISM5 INC.  to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that PRISM5 INC. believes violate this Terms of Use. BY ACCEPTING THIS TERMS OF USE YOU WAIVE AND HOLD HARMLESS PRISM5 INC. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PRISM5 INC. DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PRISM5 INC. OR LAW ENFORCEMENT AUTHORITIES.

MISCELLANEOUS

This Terms of Use will be governed and interpreted pursuant to the laws of the State of Florida, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the federal and state courts situated in Broward County, Florida, in connection with any dispute between you and PRISM5 INC. arising out of this Terms of Use or pertaining to the subject matter hereof. The parties to this Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of this Terms of Use will be in the state and federal courts in Broward County, Florida.

If any part of this Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions of this Terms of Use.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PRISM5 INC.  as a result of this Terms of Use or your use of PRISM5 INC.’s Website.

This Terms of Use constitute the entire agreement between you and PRISM5 INC. relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and PRISM5 INC. with respect to PRISM5 INC.’s Website.

A printed version of this Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

At times it may be necessary for us to make changes to this Terms of Use. Accordingly, we reserve the right to update or modify this Terms of Use at any time without prior notice. Please review this Terms of Use periodically, and especially before you provide any Personal Data. Your continued use of the Website after any changes or revisions to this Terms of Use shall indicate your agreement with the terms of such revised Terms of Use.