TERMS OF SERVICE

  1. Please read this page carefully. By using this Website, you agree to be bound by the terms and conditions stated here.  Therefore, if you cannot accept these terms and conditions, please do not use this Website.  proFmagazine reserves the right at any time to modify or discontinue, temporarily or permanently, any part of our site with or without notice, including any portion of these Terms and Conditions, in whole or in part. Notification of changes in these Terms and Conditions will be posted on the Website.  Your continued use of the Website affirmatively indicates your acknowledgment of such changes. 
     

  2. proFmagazine May Discontinue or Suspend Our Site or Terminate Your Use: We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our site with or without notice. In addition, proFmagazine reserves the right to terminate or suspend your access to our site for any reason, and to take any other actions that proFmagazine, in its sole discretion, believes to be in the interest of our company and of our users as a whole.

    SHOULD YOU OBJECT TO ANY OF THESE TERMS AND CONDITIONS OR ANY SUBSEQUENT CHANGE OR MODIFICATION TO THESE TERMS AND CONDITIONS, OR SHOULD YOU BECOME DISSATISFIED WITH THE WEBSITE IN ANY WAY, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.
     

  3. proFmagazine Has All Rights In Our Site and Content; You Grant Us Certain Rights When You Submit Content to Us:

    (a) Our site (including all text, photographs, graphics, video and audio content contained on our site) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.

    (b) By posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving proFmagazine, and our affiliates, agents and third party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our Website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

    (c) You shall be solely responsible for your own submissions and the consequences of posting or publishing them (regardless of the form or medium with respect to such submissions, whether text, videos, photographs, audio or otherwise). In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to proFmagazine we may authorize such content to be distributed or syndicated to or published on all of our print and online environments.
     

  4. If you believe your copyright is being infringed: If you are a copyright owner or agent thereof and believe that any of our content infringes upon your copyright, please contact proFmagazine.
     

  5. proFmagazine is Not Responsible For and Does Not Necessarily Hold the Opinions Expressed by Our Content Contributors: Opinions and other statements expressed by users and third parties (e.g., commentors) are theirs alone, not opinions of proFmagazine. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our site, proFmagazine is not undertaking any obligation or liability relating to the content. proFmagazine and its affiliates, successors, assigns, employees, agents, directors and officers do not undertake or assume any duty to monitor our site for inappropriate or unlawful content and proFmagazine is not responsible for any failure, non-failure or delay in removing such Content.  proFmagazine and its affiliates, successors, assigns, employees, agents, directors and officers assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, proFmagazine reserves the right to block or remove communications, postings or materials at any time in our sole discretion and without prior notice.
     

  6. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties: By using this site, you agree to indemnify and hold harmless proFmagazine and its respective members, directors, officers, managers, employees, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification.6. In such event, you shall provide us with such cooperation as is reasonably requested by us.

  7. Your Use of Our Site is Subject to Certain Disclaimers: Our site is available "as is." proFmagazine does not warrant that our site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through our site. proFmagazine makes no warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to our site or any information or goods that are available or advertised or sold through our site. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on this site or available through links on our site. proFmagazine reserves the right to correct any errors or omissions on our site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other destructive materials to our site, we do not guarantee or warrant that our site or materials that may be downloaded from our site do not contain such destructive features. proFmagazine is not liable for any damages or harm attributable to such features. If you rely on our site and any materials available through our site, you do so solely at your own risk.

    Our site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, or other information created by us or by third-parties. Due to the number of sources from which content on our site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content is for your reference only and should not be relied upon by you for any purpose. Information created by third parties that you may access on our site or through links is not adopted or endorsed by us and remains the responsibility of such third parties.
     

  8. We are Not Responsible for Linked Sites: We are not responsible for the availability or content of other services that may be linked to our site. Because we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services.
     

  9. proFmagazine May Be Legally Compelled to Disclose Certain Information: You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
     

  10. Our Liability to You Is Limited: proFmagazine and our members, directors, officers, managers, employees, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these Terms and Conditions). Any claim against us shall be limited to the amount you paid, if any, for use of our site.
     

  11.  Any Dispute Between Us Will be Governed by Oklahoma Law: These terms and conditions are governed by the substantive laws of State of Oklahoma, without respect to its conflict of laws principles. Any action or proceeding arising from or relating to the use of this Website shall be brought and maintained only in a court in Norman, Oklahoma, U.S.A., and you consent to the personal jurisdiction of these courts. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Website, these terms and conditions constitute the entire agreement between you and proFmagazine with respect to the use of our Website.

    BY CONTINUING TO USE OUR WEBSITE, YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. The caption to each Section of these Terms and Conditions are for convenience of reference only and shall be ignored in the construction or interpretation hereof.

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