Terms Of Use

TABLE OF CONTENTS

1. Welcome to pngeans.com.
2. Our Service Content
3. Membership and Registration
4. Other Information Content Providers: Non-Staff Bloggers, Other Provider Content
5. User-Generated Content; Comments
6. Posting Rules
7. Service Security Rules
8. Communications With Third Parties Through Our Service
9. Software Available On Our Service
10. Paid Services
11. International Users
12. E-Mail Addresses
13. Modification
14. Notice of Availability of Filtering Software
15. DISCLAIMER OF WARRANTIES
16. LIMITATION OF PNGEANS.COM LIABILITY; INDEMNIFICATION
17. Entire Agreement
18. General
19. Service Contact

1.Welcome to PNGeans.com.
1.1 Welcome to the websites, online services and mobile application services of pngeans.com. (“Pngeans,” “we,” or “us”). These Terms of Service (the “Terms of Service”) are a binding contract between pngeans and you and explain the terms and conditions by which you may use and/or access our online and/or mobile services (“our Service”), in connection with www.pngeans.com, together with any related subsites, sub-domains, mobile and software applications, services, features and/or content associated therewith (collectively, “our Websites”).

For purposes of these Terms of Service, “you” and “your” mean you as the user of our Service. If you use our Service on behalf of a company, organization or other entity, then (a) “you” includes you and that entity, (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf, and (c) your entity is legally and financially responsible for your use of our Service as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.

PNGeans is dedicated to providing users of our Service with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms of Service to govern your use of our Service, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. By accessing or using our Service, you hereby affirm that you have read, understood, and agree to be bound by these Terms of Service, whether or not you are a registered user or customer of our Service. Please read the Terms of Service carefully. Your use of our Service is subject to NGeans Privacy Policy, incorporated herein by this reference. If you do not agree with any of these Terms of Service, do not use or access (or continue to access) our Service.

2. Our Service Content
2.1. All of the information, content, services and software displayed on, transmitted through, or used in connection with our Service, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to our Websites, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of our Websites (collectively, the “Content”), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of PNGeans, and its affiliated companies, licensors and suppliers. PNGeans actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of our Service, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms of Service.

2.2. The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by PNGeans, and Marks owned by other information providers and third parties. For example, “Entrepreneur” is a registered trademark of PNGeans . No Marks may be used in any manner unless approved in advance, in writing by PNGeans .

2.3. Subject to your agreement to and continuing compliance with these Terms of Service, PNGeans hereby grants you a personal, non-exclusive, non-assignable, non-transferable license to access and use our Service for your personal and non-commercial use only. You may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. You may not use our Service for any other purpose, including any way that breaches the Privacy Policy or any other agreement applicable to our Service, unless otherwise expressly permitted by PNGeans . You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache or store the Content in electronic form on your computer or mobile device unless otherwise expressly permitted by PNGeans . You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of PNGeans .

2.4. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of the Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms of Service are solely between you and PNGeans , not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service. You and PNGeans acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and PNGeans acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, PNGeans , not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You must comply with applicable third party terms of agreement when using the App. You and PNGeans acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service as they relate to your license of the App, and that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.

If you acquire the App from Amazon Digital Services, Inc. or one of its affiliates (“Amazon”) via the Amazon Appstore or its successor(s), then to the extent of any conflict between the Amazon Appstore Terms of Use or such other terms which Amazon designates as default end user license terms for the Amazon Appstore (“Amazon Appstore EULA Terms”), and the other terms and conditions in these Terms of Service, the Amazon Appstore EULA Terms shall apply with respect to your use of any App that you acquire from the Amazon Appstore. PNGeans and you hereby acknowledge that PNGeans is the licensor of the App and that Amazon is not a party to these Terms of Service. PNGeans and you hereby acknowledge that Amazon does not have any responsibility or liability related to compliance or non-compliance by PNGeans or you (or any other user) under these Terms of Service or the Amazon Appstore EULA Terms.

If you acquire the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms), and the other terms and conditions in these Terms of Service, the Google Play Terms shall apply with respect to your use of any App that you acquire from Google Play. PNGeans and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by PNGeans or you (or any other user) under these Terms of Service or the Google Play Terms.

2.5. Requests to use the Content for any purpose other than as permitted in these Terms of Service should be directed to our licensing and reprints provider found at www.entrepreneurreprints.com

2.6. Free access to the content made available to you on our Service is possible due to the paid advertising that appears on our Service. Without this advertising, we would not be able to provide you with this content for free. In exchange for your free access to this content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on our Service.

2.7. You agree that you will only use our Service for lawful purposes, and you will not use our Service for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of our Service without our express written consent. You may not alter or modify in any way, our Service including but not limited to using any software to suppress or alter the display of advertising on the pages of our Service. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through our Service, not to insert any code or product or manipulate the content of our Service in any way that affects the user’s experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of our Service, or otherwise harm our Service in any way whatsoever.

2.8. Digital Millennium Copyright Act Safe Harbor Policy. PNGeans respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on our Service, please contact our designated copyright agent, in writing, either by email at info@pngeans.com or by regular mail at P.O Box 1838, Boroko ., Attn: Samuel N Samson, Wagani, National Capital District, Papua New Guinea, and provide the designated copyright agent with the following information consistent with the form required by the Online Copyright Infringement

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material;
4. Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. EMI will terminate the account of any user that is determined to be a repeat copyright infringer.

3.Membership and Registration
3.1. Certain areas of our Service may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of our Service. When you register or become a member of our Service or provide information to our Service in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited. You agree that PNGeans may use the information you provide to us according to the Privacy Policy posted on our Service.

3.2. If you become a member of our Service, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access our Service using your name in whole or in part. PNGeans reserves the right to terminate membership and deny access to our Service to any person who violates these Terms of Service.

4. Other Information Content Providers: Non-Staff Bloggers, Other Provider Content
4.1. Our Service includes the distribution of content supplied by other content providers such as non-staff bloggers, commenters and content owned by other providers that is published with their permission on our Service. Our Service is not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by EMI. Pursuant to 47 U.S.C.§ 230, EMI is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by such providers, our Service cannot and does not monitor all of the information posted to our Service and assumes no duty to monitor our Service for inappropriate or inaccurate content. Neither EMI nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, EMI reserves the right to remove information provided by other information content providers at any time in its sole discretion.

5. User-Generated Content; Comments
5.1. Our Service’s interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to our Service. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of our Service. Our Service reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

5.2. By placing material on, providing content to, or communicating with, our Service, including for example by posting a comment to a PNGeans story, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You hereby expressly grant PNGeans , its affiliates and related entities, including our Service, a royalty-free, sublicensable (including to other users), perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us in any public area of our Service, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize PNGeans to include the information you provide in a searchable format that may be accessed by users of our Websites. You also grant PNGeans and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant PNGeans the right to use any material, information, ideas, concepts, knowhow or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

5.3. Please note that PNGeans does not accept unsolicited materials or ideas for use or publication. PNGeans is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to PNGeans .

5.4. If you believe that user generated content uploaded to our Service infringes your intellectual property rights or the rights of others, please reference the terms of Section 2.8 regarding how you can notify us of such content, and how we respond to such notices.

6. Posting Rules
6.1. Interactive areas of our Service are intended to encourage public debate. We expect people to differ – judgment and opinion are subjective things – and we encourage freedom of speech and a marketplace of ideas. But by using these areas of our Service, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our Service at any time for any reason. Decisions as to whether content violates any PNGeans posting rule will be made by PNGeans in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide the following guidelines to those posting content on our Service. When using our Service, please do not post material that:

• contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.

• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.

• violates any right of PNGeans or any third party.

• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.

• violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.

• unfairly interferes with any third party’s uninterrupted use and enjoyment of our Service.

• advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.

• uploads copyrighted or other proprietary material of any kind on our Service without the express permission of the owner of that material.

• uses or attempts to use another’s account, password, service or system except as expressly permitted by these Terms of Service.

• includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.

• uploads or transmits viruses or other harmful, disruptive or destructive files.

• disrupts, interferes with, or otherwise harms or violates the security of our Service, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through our Service or affiliated or linked sites.

• “inflames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.

• is unrelated to the specific interactive area or the interactive area’s topic.

• disguises the origin of the post.

• collects or stores other users’ personal data.

6.2. A violation of certain of posting rules may be referred to law enforcement authorities. EMI reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.

7.Service Security Rules
You are prohibited from violating or attempting to violate the security of our Service, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to our Service, overloading, “flooding”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. EMI will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

8.Communications with Third Parties through our Service
Your dealings or communications through our Service with any party other than our Service are solely between you and that third party. For example, certain areas of our Service may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will EMI be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

9.Software Available On Our Service
Any software that is made available to download from our Service (“Software”) is the copyrighted work of EMI suppliers. Use of the Software is governed by (i) these Terms of Service and (ii) the terms of the end-user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). In the event of a conflict, the License Agreement shall control. End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any such Software is not available to users in territories where its distribution is prohibited by law.

10.Paid Services
10.1. Certain aspects of our Service may be provided for a fee or other charge. If you elect to use paid features of our Service, you agree to the pricing and payment terms for the applicable Service, as we may update them from time to time. EMI may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We may also provide certain services via our third party partners and you agree, that your use of such third party services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that EMI has no responsibility for such third party services and your use of such services is entirely at your own risk. In such case, we will give you 30 days’ notice before the additional or amended charges or fees become applicable, during which you can stop your use of the particular paying Service. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you as provided in these Terms of Service.

10.2. You may cancel your user account at any time; however, there are no refunds for cancellation. In the event that EMI suspends or terminates your account or these Terms of Service for your breach of these Terms of Service, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of our Service, any content or data associated with your account, or for anything else.

10.3. All information that you provide in connection with a purchase or other monetary transaction interaction with our Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with our Service at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to such purchases or other monetary transaction interactions.

If at any time PNGeans is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to EMI upon written notice.

Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys’ fees) incurred by EMI in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies.

11.International Users
Our Service is controlled, operated and administered by EMI from its offices within the United States. EMI makes no representation that materials or the Content available through our Service are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use our Service or export the Content in violation of U.S. export laws and regulations. If you access our Service from a location outside the United States, you are responsible for compliance with all local laws.

12.E-Mail Addresses
EMI respects the privacy of its readers. However, EMI does make available for rental its list of those registrants who have expressly provided us with their permission to receive third party information and offers as part of their user profile.

13.Modification
EMI shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time. We will provide you with 30 days’ notice of any substantial changes to the terms of this agreement. You agree to review this agreement periodically since subsequent use by you of our Service shall constitute your acceptance of any changes. EMI shall have the right at any time to change or discontinue any aspect of our Service, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.

14.Notice of Availability of Filtering Software
You should know that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).

15.Disclaimer of Warranties
15.1. TO THE GREATEST EXTENT PERMITTED BY LAW, ALL CONTENT ON OUR SERVICE (INCLUDING WEBSITES) AND THIRD-PARTY SITES TO WHICH OUR WEBSITES LINK IS PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. EMI IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO OUR SERVICE. BECAUSE EMI HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT EMI IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT EMI DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU FURTHER ACKNOWLEDGE AND AGREE THAT EMI 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 EXTERNAL SERVICES. THE CONTENT PUBLISHED ON OUR SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON our SERVICE.

15.2. EMI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO OUR SERVICE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF SERVICE. OUR SERVICE MAY OFFER A SEARCH FEATURE. EMI EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. EMI ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. EMI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN OUR SERVICE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING OUR SERVICE AND/OR THE CONTENT CONTAINED THEREIN. EMI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USERS COMPUTER AND OTHER EQUIPMENT.

16.Limitation of EMI’s Liability; Indemnification
16.1. UNDER NO CIRCUMSTANCES AND TO THE GREATEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EMI, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EMI IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IN NO EVENT SHALL EMI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO EMI HEREUNDER OR USD $500, WHICHEVER IS LESSER. NOTHING IN THE AGREEMENT LIMITS OR EXCLUDES, OR WILL BE DEEMED TO LIMIT OR EXCLUDE, EMI’S LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR LIABILITY THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY LAW.

16.2. AS A CONDITION OF USE OF THIS SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, EMI AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF OUR SERVICE; (B) EMI USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS OF SERVICE BY YOU. IF YOU ARE DISSATISFIED WITH ANY EMI MATERIAL, OR WITH ANY OF EMI TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICE.

17.Entire Agreement
These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on our Service; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these Terms of Service shall control (except as set forth in Section 9 above regarding the License Agreement).

18.General
18.1. These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on our Service; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these Terms of Service shall control.

18.2. These Terms of Service have been made, and shall be construed and enforced, in accordance with California law. Any action to enforce this agreement shall be brought in the federal or state courts located in California State. Any cause of action or claim you may have with respect to our Websites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

18.3. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of PNGeans to enforce or exercise any provision of these Terms of Service or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. The section titles used in these Terms of Service are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms of Service for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to PNGeans , and all other provisions for which survival is equitable or appropriate. PNGeans may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

 

19.Service Contact
If you have any questions, concerns or suggestions about these Terms of Service, you may contact us at info@pngeans.com or at the following address:

PNGeans.
Attn.: P.O Box 1838, BOROKO, NCD, PNG

 

Investing

 

Terms of Use Welcome to the www.commodity.com website (“Site”). By visiting and using this Site you will be accepting these Terms of Use (“TOU“). The TOU governs your access to and use of the Site and any of the Services we provide through the Site (together the “Services”). Please read them carefully and if you disagree with the TOU in any way, then do not use this Site or any of the Services. Commodity.com reserves the right to post changes to the TOU on this Site at any time. If we make any material changes to this TOU, we will post the updated TOU here, along with its effective date, and notify you by means of a notice on our Site. If any TOU changes are not acceptable, you must stop your use of this Site. In these TOU, “Commodity.com” and “we” refer to Commodity.com, LLC, and “User” or “you” refer to each visitor to this Site. If you subscribe to any Services offered through this Site, you may also be subject to additional terms and conditions (“Terms of Service” or “TOS“) applicable to such Services, which will be brought to your attention at that time. These Terms of Use describe the terms which apply to your access to and use of this Site and the Services in detail, and they also limit your rights and remedies with regard to your use of the Site and Services. In a nutshell, Commmodity.com is a useful tool with lots of cool information. The information is provided for free and may not be accurate, should never be relied upon, and may or may not be legal in the place where you live—it is your responsibility to make this determination. A lot of people lose money when investing and trading. Do not rely on this Site or any information, as it could be to your detriment. Essentially, don’t invest in or trade on commodities, futures, options, Contract For Differences (CFDs), financial spread betting, cryptocurrency, equities, precious metals or any other financial instrument unless you are fully aware of and comfortable with the risks, and do not at any time rely on the Site or the Service. Sites and Services We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and Commodity.com shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by Commodity.com to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Site or Services, without notice. To access some of the content or features of the Site or its Services, Users may need to enhance or update the hardware or software in their computer systems. Commodity.com assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the User’s system, the Internet network or any other cause. Minors We do not provide information or services to minors, and if you are under 18, and at least 13 years of age, you may only use this Site and/or the Services with the active involvement of a parent, guardian or other supervising adult. You may not use this Site if you are under 13 years of age. No Individual Investment Advice This Site does not provide individual or customized legal, tax, accounting, or investment services. Since each individual’s situation is unique and may be located in different jurisdictions with different rules and laws, a qualified professional should be consulted before making financial decisions in your jurisdiction, including investing in or trading on commodities, futures, options, CFDs, financial spread betting, cryptocurrency, equities, precious metals or any other financial instruments discussed on the Site. Message Web Site Content Limitations We make no guarantees as to the accuracy, thoroughness or quality of the information on this Site or through the Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. This information may be provided by third parties and Commodity.com shall not be responsible or liable for any errors, omissions or inaccuracies in the Site content. The information and investment, accounting, or legal strategies provided at this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in the United Kingdom, U.S., the E.U., or other specific countries, and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries, including where you may be located. IT IS YOUR RESPONSIBILITY TO DETERMINE WHETHER YOUR INTENDED USE OF THE INFORMATION AND SERVICES WILL BE TECHNICALLY AND LEGALLY POSSIBLE IN THE AREAS OF THE WORLD WHERE YOU INTEND TO USE THEM. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any article on this Site are solely those of the author(s) of the article and do not reflect the opinions of Commodity.com or its management. The Site content and services may be modified at any time by us, without advance notice or reason, and Commodity.com shall have no obligation to notify you of any corrections or changes to any Site content. License to Use Site Content We grant you a limited personal use license to access, display, download, format and print portions of this Site content solely for your own personal non-commercial use, provided that the content is not modified and all proprietary notices are kept intact. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training or reference materials. You may not frame or utilize framing techniques to enclose any content on this Site. You should not rely on any of the information on this Site or a result of any Services, and reliance by you is solely at your own risk and could be to your detriment. Third Party Content Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this Site by third parties (“Third Party Content”) are solely those of their respective providers and not of Commodity.com which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and Commodity.com shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content. Content Posted by Users To the extent we enable you to, and you choose to post or share any content or materials, including, without limitation, through the Service (e.g. questions) or through the Service (e.g., quizzes, homework, projects, blogs, chatrooms, forums, comments, etc.) (“User Content”) you will be: (a) granting Commodity.com a fully transferable, sub-licensable (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify, transfer, distribute and create derivative works from the User Content and to associate your public profile information (if any) with such User Content, in any media formats and through any channels (whether now known or hereafter developed) and waiving any moral rights in favor of Commodity.com with respect to such use of the User Content; (b) granting Commodity.com a perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to allow your materials to be edited and displayed by Commodity.com on its Site, and accessed by Users, for the purposes and on the terms as set out in these TOU; (c) agreeing to defend, indemnify and hold harmless Commodity.com and its Users from any claim or demand made by any third party due to or arising out of your User Content; and (d) representing that you own or otherwise have the right to post the User Content, that the User Content is accurate, that use of the User Content on the Site does not violate any laws, and that the materials will not cause injury to any person, including without limitation to the intellectual property, personal or privacy rights of others. Commodity.com shall have the right to use your name in connection with your posted User Content. Commodity.com reserves the right to remove or modify any User Content for any reason, including without limitation, if we believe it violates these TOU. If you choose to post any User Content and interact with other users, if applicable, please be respectful of other users and use common sense when posting comments. Remember that anything you post online may be perpetually available and is not confidential or private. Do not post anything you would not be comfortable sharing or being made public. POSTS ARE NOT CONFIDENTIAL. Be aware that the Site is a forum-based service and any information and materials you submit in connection with your profile and/or any questions or comments you pose to the Services/Site, which may include via blogs and chatrooms, may be displayed in publicly viewable forums. Commodity.com Widgets Commodity.com may, in its sole discretion, provide certain widgets subject to this TOU (the “Widgets”). By accessing and using any Widget (including copying any Widget html code), you agree to be bound by the following: You may only display the Widget(s) on a website you own and operate; You may not modify any Widget including without limitation that you may not change any code, obscure or disable any element of any Widget, tag links to Commodity.com with a “no follow” attribute or similar mechanism; You agree not to make any representations or warranties (express or implied) about Commodity.com or the Site; You may not suggest or imply any affiliation with, sponsorship, or endorsement by Commodity.com; You may not place the Widget on any site that contains any content that is in any way unlawful, harmful, obscene, harassing, or racially, ethnically, or otherwise objectionable. Additionally, you may not place the Widget on any site that infringes any Commodity.com intellectual property or other rights, or violates any applicable law; Commodity.com grants you a non-transferable, non-exclusive, revocable right to download/display the Widget solely in accordance with the terms of TOU (ii) solely in connection with the Widget, to use our logos, trademarks, trade names and other intellectual property contained in the Widget. This TOU does not grant you any right in any Commodity.com code, content, logos or trademarks beyond the limited permission to display the Widget granted herein; and Commodity.com reserves the right at any time to terminate or modify your permission to display the Widget. The Widgets are subject to change from time to time in our sole discretion. We may cease to return content from the Widget at any time in our sole discretion. Account Creation General. Some of the Services offered by Commodity.com may require you to create an account. When you create an account, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your login information (e.g., User ID and password) accurate, secure, and confidential. You are also responsible for any activity resulting from use of your login information. You agree to immediately inform us if you suspect that your login information has been compromised. We are not liable to you for any losses or damages you incur resulting from unauthorized use of your login information. Social Sign in. If you login or sign in using social networking functionality, e.g., Facebook, you agree to abide by the applicable social network’s terms and conditions. PLEASE NOTE: Commodity.com does not provide tax, accounting, legal, investment, or financial services. The information available through Commodity.com’s Service is provided by third parties and solely for informational purposes on an “as is” basis at User’s sole risk. The information is not meant to be, and should not be construed as advice or used for investment, financial planning, legal, accounting, or tax purposes. Commodity.com makes no guarantees as to the accuracy, quality, or completeness of the information and Commodity.com shall not be responsible or liable for any errors, omissions, inaccuracies in the information or for any User’s reliance on the information. User is solely responsible for verifying the information as being appropriate for User’s personal use, including without limitation, seeking the advice of a qualified professional regarding any financial, legal, accounting, or tax questions a User may have. While Commodity.com may edit questions provided by Users for grammar, punctuation, profanity, and question title length, Commodity.com is not involved in the questions and answers between Users and Users’ advisors, does not endorse any particular financial, legal, accounting, or tax professionals that provide answers via the Site or the Service, and is not responsible for any claims made by any persons on or associated with the Site or Service. Commodity.com is not endorsed by or affiliated with any state/provincial/territorial bar association or other legal or accounting membership organization or association, tax authorities, or agencies or associations, or the Financial Conduct Authority (FCA) in the UK, or the Financial Industry Regulatory Authority (FINRA) in the U.S., the Investment Industry Regulatory Organization of Canada (IIROC) or any other financial regulatory authority, agency, or association. Incentives, Rewards, Discounts and Other Promotional Offers Commodity.com may offer incentives, offers, promotions, discounts, sweepstakes, or contests in connection with its Services or Site. In the case of sweepstakes or contests, you will be provided separate terms and conditions that must be agreed to in order to be eligible for participation in any sweepstakes and/or contests. In connection with any incentives, rewards, or similar programs, any such program is issued at Commodity.com’s sole discretion). Any such incentives and/or programs are not a payment instrument; they are issued without any exchange of money or value from you and you have no vested property right or interest in the incentives. Commodity.com reserves the right to cancel or revoke any incentives or programs, or your participation therein, for any reason or no reason whatsoever, including, without limitation, if it determines in its sole discretion that you have violated these terms, the terms specific to any rewards, incentive, or other program, or the rest of this TOU. Commodity.com reserves the right in its sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of any incentive, offers, promotions or other similar program. Broker Reviews In the event that Commodity.com makes available reviews of online brokers (each a “Review” and together the “Reviews”), the below applies in addition to the rest of the terms of these TOU. You understand and agree to receiving communications from Commodity.com, including as set forth in the “Communications” section of this TOU. Commodity.com reserves the right at any time and for any reason and without notice to you, to change, modify, suspend, or cancel access to and/or any and all of the Reviews. For Informational Purposes Only. Each Review is provided for informational purposes only. Information may not be applicable for each state/province/territory and/or jurisdiction and the rules, regulations and laws in different jurisdictions and locations can differ considerably. Commodity.com cannot guarantee that any information provided in a Review will be accurate, complete, legal and/or current. We make no representations or warranties regarding the quality of the Review content. You may not reproduce, upload, transmit, distribute, publicly display, sell, publish, copy, or otherwise use the Review, and/or any content or materials provided in connection with any Review for any commercial purpose without Commodity.com’s express written consent. The publication by Commodity.com of any Review is not and shall not be deemed an endorsement or recommendation of that broker by Commodity.com and the views expressed in any Review are those of the Reviewer and not Commodity.com. The information contained in a Review may be different from the information provided when you visit the website of a financial institution, service provider or specific product. When evaluating online brokers, please review the online broker’s own terms and conditions. We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available by online brokers. We do not guarantee that quotes, fees, terms, rates, coverage or services offered by online brokers are the best available. We are not involved with and are not responsible for any fee arrangement that you may enter into with any online broker or other service provider. You must not and should not rely on any Reviews and all Reviews are provided on an AS-IS, AS-Available Basis and doing so could be to your detriment. You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a service provider’s products or services. Commodity.com may receive compensation from online brokers when a User applies or gets approved for a financial product through our Website. Compensation may influence which products and brokers we review and write about, and whether products appear on our Website. The Website does not purport to feature every online broker or financial product available on the market. Viruses Commodity.com does not guarantee that files available for downloading through its Site will be free of infection or viruses or other code that may have contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for integrity, security and accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. Advertisers Commodity.com accepts advertising. Special attention is paid to featuring advertising in a way that will not interfere with your reading experience. This relates to both page design and to the number of ads we choose to feature on a page. In some cases, editorial content may include links to partners for which Commodity.com receives an affiliate commission (more details below). How We Make Money The way that we’re able to offer numerous articles of content on our website for free is by partnering with advertisers and affiliate partners who are looking to reach consumers. This can take a number of different forms, and we’ll walk through those below. It’s important to note that we maintain strict editorial independence for all of our content, particularly on reviews and recommendations. If a product is great, we’ll tell you even if we don’t have an advertising relationship. If we think a product is bad, we’ll tell you that, even if we DO have an advertising relationship with them. Affiliate Links to Advertisers In some cases we may have an affiliate relationship with a product or service that we review, and so when you visit a “partner” or click on a hyperlink on the product’s or “partner’s”, name in those cases we may receive compensation either when you click on it or if you decide to sign up for the product or service. Display Ads Some review/recommendations may include display advertising on them, which are easily recognized. Advertisers Are Not Endorsed Please note: Although we permit advertising on the Site and we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers and sponsors. Commodity.com does not review, endorse or recommend the products or services of any company mentioned on our Site. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor. Links As a convenience to Users, the Site and Services may provide links to other sites or resources. Because we do not review and have no control over such sites and resources, Commodity.com shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by Commodity.com of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third parties websites may have certain restrictions on its use or distribution which differ from this TOU. Prohibited Conduct The following activities are strictly prohibited: Posting unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (“Spamming”); Postings for any unlawful or fraudulent purpose (including links); Posting of personal information (for yourself or anyone else); Posting materials containing viruses or other malicious or destructive code; Posting of offensive content including profanity, obscenity, racist or pornographic material; Engaging in any activities that are defamatory, violate the personal privacy rights of others, or infringe any person’s rights, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; Posting any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrading to others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way; Copying, modifying, creating a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services; Removing or obscuring the copyright notice or other notices displayed in connection with the content accessible through the Site or Services; Interfering with or disrupting the Site functionalities, Services, or servers and networks connected to Site, or disobeying any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site; Modifying the Site or Services in any manner or form, or using modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services; Reproducing, printing, caching, storing, or distributing content retrieved from the Site or Services in any way not authorized by this TOU or for any commercial use without the prior written permission of Commodity.com; Selling, assigning, sublicensing, or otherwise transferring any right in the Services or content accessible through the Site; Accessing the Site or Services by any means other than through the interface that is provided by Commodity.com; Using the Site or Services to violate any law (whether local, state/provincial/territorial, national, or international), whether or not intentionally; Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity; Manipulating identifiers in order to disguise the origin of any question, answer or comment you post on the Site; Engaging in “screen scraping,” “database scraping,”; and/or Facilitating violations of this TOU or the Privacy Policy. Privacy This Site may collect personal information from some Users. Please review our Privacy Policy to understand what information we collect and store, how that information is used, how we may share that information, and your rights in connection with your personal information. The Privacy Policy is incorporated by reference and made a part of this TOU. Communications When you visit our Site, use any of our Services, or send us an email, you expressly indicate your consent to electronically receive any and all communications, notices, and our disclosures that we may provide in connection with your use of the Site and/or Services, including, without limitation, e-mail, in-app, and in-website chat communications. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. Commodity.com will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of Commodity.com, its customers, suppliers and Users. Any such notices may also include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you, in accordance with applicable law. Consistent with federal CAN-SPAM or anti-spam laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email, excepting that we may still send you administrative and transactional notices, including, without limitation, information about your Account or other services that may be necessary to provide you with any one of the Services. If you provide your telephone number to us when you use Commodity.com Service on the Site, you expressly consent to receive autodialed or prerecorded calls and text messages from Commodity.com at that number. If a telephone number is a mobile telephone number, you hereby consent to receive SMS or text messages at that number. We may place such calls or texts to (i) notify you about your account and any use thereof; (ii) troubleshoot problems with your account; (iii) resolve disputes; (iv) contact you with offers and promotions; or (v) as otherwise necessary to service your account or enforce these TOU, our policies, applicable law, or any other agreement we may have with you. We will not share your phone number with third parties for their purposes without your consent. We may share your phone numbers with our Affiliates or with our service providers, such as customer support, billing or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under these TOU, our policies, applicable law, or any other agreement we may have with you. You agree these parties may also contact you using autodialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply. You understand and consent that we may, in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable. Feedback We welcome all feedback, ideas, inventions, materials, and suggestions (“Feedback”) from our Users regarding our Services. You understand and agree that Commodity.com does not waive any rights to use similar and/or related Feedback previously or contemporaneously known to it, whether developed by its employees, contractors, obtained from other sources, or submitted by other Users. Further, by submitting any Feedback, you grant us the right to use the Feedback without any restrictions on the use of such Feedback or any compensation to you. Proprietary Rights The Commodity.com Site and its content are protected by copyright, trademark and other proprietary laws. Reporting Copyright Infringement. Commodity.com takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringes your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with applicable laws, including the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), if applicable, the written notice (the “DMCA Notice“) must include substantially the following: Your physical or electronic signature. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the website, a representative list of such works. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address). A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law. A statement that the information in the written notice is accurate. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. You may submit your DMCA Notice though our contact form. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on this website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. Repeat Infringers. It is our policy in appropriate circumstances to disable access to this Site and/or terminate the accounts of Users who are repeat infringers of these TOU. Services Although Commodity.com may offer services in many parts of the world, certain Commodity.com services or features may not be available in or suitable for certain countries or locales and what is available on the Site where you are located may or may not be available in different countries or jurisdiction or may be presented differently. We reserve the right to discontinue or to make changes to, our Site and any of our Services at any time without advance notice. DISCLAIMER OF WARRANTIES THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER FINANCIAL, LEGAL OR OTHERWISE. YOUR USE OF THE SITE, THE WIDGETS AND SERVICES IS AT YOUR SOLE RISK. THE SITE, THE WIDGETS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMMODITY.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE WIDGETS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE WIDGETS, AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. TO THE GREATEST EXTENT PERMITTED BY LAW, COMMODITY.COM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THE WIDGETS THE SITE, AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE. EXCLUSION OF CONSEQUENTIAL DAMAGES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMMODITY.COM BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WIDGETS THIS WEBSITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF COMMODITY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE. EXCLUSION OF LIMITATIONS AND DISCLAIMERS BECAUSE SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR SOME OR ALL CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS COMMODITY.COM’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. REGARDLESS OF THE FOREGOING, COMMODITY.COM’S LIABILITY WILL NOT BE EXCLUDED OR LIMITED IN THE EVENT COMMODITY.COM IS DETERMINED TO HAVE ACTED IN A FRAUDULENT MANNER OR CAUSED DEATH OR PERSONAL INJURY DUE TO ITS NEGLIGENCE. General This TOU, and any applicable TOS, constitute the entire agreement between each User and Commodity.com governing the User’s access to and use of the Site and its Services, and supersede all prior agreements regarding its subject matter. If you are a consumer, please note that this TOS, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales. The failure by a User or Commodity.com to exercise any right or to enforce any provision of this TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of this TOU will remain in full force and effect. The parties have agreed that this contract and all related documents be drafted in English.