Introduction

This User Agreement (“Agreement”) governs your purchase and use of any PELISH.NET Products or Services (collectively called “Services”), ordered by you (“you” and/or “Customer”) on the order form (“Order Form”) and provided by PELISH.NET.

Acceptable Use

You are required to use PELISH.NET(s) responsibly. Subject to the terms and conditions of this Agreement, PELISH.NET grants you a non-exclusive, non-transferable, limited license to access, display and use our Services, Web sites and their contents. You shall comply with all copyright laws worldwide in your use of Massive Impressions’s Services and Web sites and prevent unauthorized copying of their contents. Except as provided in this Agreement, Massive Impressions does not grant you any express or implied right in or under any patents, trademarks, copyrights or trade secret information.

System and Network Abuse

Violation of system or network security is prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:

  • unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network
  • interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
  • forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting
  • distributing or hosting destructive or harmful content including, without limitation, viruses, Trojan Horses, worms, time bombs, cancel bots or any computer programming routines that may damage or interfere with any system, program, data or personal information
  • any form of hacking or unauthorized access, which includes, without limitation, use probing, or scanning of systems security or authentication measures, data or traffic
  • interference with service to any user, host, or network including any form of attempts to overload a system, any form of system attacks, or forgery which can come from any kind of program/script/command or messages of any kind designed to interfere with a user’s terminal session, via any means, locally or by Internet
  • any form of interception which includes, without limitation, unauthorized monitoring of data or traffic on any network, server or system without express authorization from the owner
  • any form of avoidance of system restriction
  • any form of failure to safeguard accounts which includes, without limitation, failure to prevent unauthorized access by giving away passwords

Fraudulent Content

Offering or distributing any fraudulent goods, services, schemes or promotions (e.g. – make money fast schemes, chain-letters, pyramid schemes), or submitting false data on any sign-up form, contract or online application through registration, or any fraudulent use of information obtained through the use of the site, including, without limitation, use of credit card numbers, phone numbers, e-mail addresses, or home addresses is strictly prohibited.

Violation of this Agreement

If the publisher or administrators of PELISH.NET becomes aware of any violation or threatened violation of this Agreement, PELISH.NET may pursue any remedies and take any action against you or your customers to stop or correct such violation, including, but not limited to, denying access to PELISH.NET’s Services and equipment or to the Internet, removal of all or a portion of the information stored, suspension of any and all Services, or termination of this Agreement.

Fees; Payment

All Fees must be paid in advance by credit card or personal check. By establishing an Order PELISH.NET, you authorize Massive Impressions to automatically charge the Fees and any administrative or other fees provided for in this Agreement to your credit card or transfer money from your checking account via the transit and routing numbers you provide on the Order Form. You may discuss other payment arrangements with Massive Impressions’s Billing Manager by contacting us at:

https://www.massiveimpressions.com/contact/

It shall be your sole responsibility to assure payment is received in full and on time. Termination of Orders shall not relieve customer from the obligation to satisfy outstanding amounts due and payable. In the event PELISH.NET or Massive Impressions utilizes an attorney and/or collection agency to collect any unpaid amounts, Customer shall be responsible for the payment of all of PELISH.NET and/or Massive Impressions’ attorneys’ fees, collection agency fees, and all other costs related to the collection of outstanding amounts.

PELISH.NET’s  collection of any kind of funds online has a zero refund policy. THERE ARE ABSOLUTELY NO REFUNDS OFFERED, PROMISED OR AVAILABLE. REFUNDS ARE ONLY AVAILABLE AT THE SOLE DISCRETION OF Susan Pelish.

Credit Card Charge Backs

Any Customer who initiates a chargeback on their credit card, (removal of Massive Impressions’s debit of your credit card account for Fees and from Orders placed on PELISH.NET ) will be subject to (1) an Administrative Fee of $150.00 per chargeback, (2) re-payment of the amount(s) originally charged to the credit card (3) and immediate termination of all Customer’s Plan(s).

Term

The Term of this Agreement shall begin with the first access of the customer to the website: The Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive like periods unless terminated in accordance with this Agreement . The Initial Term and all successive renewal periods shall be referred to, collectively, as the “Term”.

Advertising & Marketing

You agree that during the term of this Agreement Massive Impressions may publicly refer to you, orally and in writing, as a customer of PELISH.NET. Any other public reference requires your written consent.

Warranties and Representations

You warrant and represent to Massive Impressions that you are (1) at least eighteen 18 years of age; (2) you possess the legal right and ability to enter this Agreement; (3) you will use the Plan(s) only for lawful purposes and in accordance with this Agreement and all policies and guidelines that may apply; (4) you will be financially responsible for your Plan(s); (5) you have acquired, or will acquire all necessary arrangements for hypertext links to a third party Web sites or other content; (6) you have verified or will verify the accuracy of materials distributed or made available through use of the Plan(s), including, without limitation, your content, claims, warranties, guarantees, nature of business, and address where business is conducted, and (7) your content does not infringe or violate any right of any third party (including intellectual property rights) or violate any applicable law, regulation or ordinance.

Disclaimers and Limitations

You expressly agree that the use of Services or any information provided by PELISH.NET is at your sole risk. Neither PELISH.NET, Massive Impressions, nor its affiliates, nor any of its officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this site or the Services provided will be uninterrupted or error-free; nor does Massive Impressions make any warranty as to the results that may be obtained from the use of the Services.

THE SERVICES, WEB SITES AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH THEM ARE PROVIDED ON AN “AS IS,” “WHERE AVAILABLE” BASIS. MASSIVE IMPRESSIONS AND ITS PROVIDERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICES, WEB SITES AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. USE OF THE WEB SITES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liabilities

YOU AGREE THAT NEITHER PELISH.NET, SUSAN PELISH OR MASSIVE IMPRESSIONS NOR ITS PROVIDERS SHALL BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICES, MATERIALS, CONTENT, OR INFORMATION ON ITS SITES REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL MASSIVE IMPRESSIONS OR ANY OF ITS PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, MATERIALS, CONTENT OR INFORMATION PROVIDED BY MASSIVE IMPRESSIONS OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON MASSIVE IMPRESSIONS’ SITES, YOUR USE OF, OR INABILITY TO USE MASSIVE IMPRESSIONS’ SERVICES GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER MASSIVE IMPRESSIONS OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

Customer shall defend, indemnify and hold harmless Susan Pelish, PELISH.NET and/or Massive Impressions, its affiliates and their respective present, former and future officers, directors, employees and agents, and their respective heirs, legal representatives, successors and assigns (collectively the “Indemnitees”), from and against any and all losses, damages, costs, liabilities and expenses (including, without limitation, amounts paid in settlement and reasonable attorneys’ fees) which any of the Indemnitees may suffer, incur or sustain resulting from or arising out of (i) Customer’s breach of any representation, warranty, covenant or agreement contained this Agreement or any other agreement incorporated by reference, (ii) Customer’s information stored on Massive Impressions’ server, the Customer’s web site or an end user’s use of the such information or the Customer’s web site, (iii) violation by Customer or any of its officers, directors, employees or agents of any applicable law, rule, regulation or order, (iv) claims or actions of third parties alleging misappropriation of trade secrets or infringement of patents, copyrights, trademarks or other intellectual property rights arising from the use, display or publication of the Customer’s information or the use in connection with services, software or information not provided by PELISH.NET and/or Massive Impressions, (v) claims or actions by third parties relating to or arising out of Customer’s use of the Services, and (vi) any failure of Customer’s information or any aspect of the Customer web site to be compatible with the hardware or software used by Massive Impressions to provide the Services, including any damage to Massive Impressions’ servers or other hardware caused thereby. The terms of this section shall survive any termination of this Agreement.

Limitations of Claims

Any cause of action you may have with respect to your use of PELISH.NET or Massive Impressions’ Services, Web sites or other information must be commenced within one (1) year after the claim or cause of action arises.

Disclosure

Massive Impressions may reveal any information it deems necessary or appropriate, including, without limitation, user profile (e.g. name, e-mail address, etc.), usage history or other material contained on PELISH.NET or any of Massive Impressions’ system in order to abide by any applicable laws, lawful governmental requests, to protect Massive Impressions’s systems and customers, or to provide and protect the quality, functionality, and integrity of Massive Impressions’ business and equipment.

Severability

In the event that any provision of this Agreement shall be held by any court of competent jurisdiction to be illegal or unenforceable, such provision shall be deemed severable and severed from this Agreement and the remaining provisions hereof shall remain in full force and effect between the parties.

Copyright or Trademark Infringement

The information provided by Susan Pelish, PELISH.NET, and/or Massive Impressions through the use of Services, including all images, designs, photographs, writings, graphs, data, and other materials (“Massive Impressions Contents”), as well as the collection, arrangement and assembly of theContents, are the exclusive property of Susan Pelish and is protected by international and United States copyrights, trademarks, trade secrets, and/or other proprietary rights. Contents may not be used in connection with any other product or service. Any use of the  Contents, other than as set forth in this Agreement, including reproduction for purposes of modification, distribution, or republication without Susan Pelish’s, PELISH.NET’s or Massive Impressions’s prior written consent, is strictly prohibited.

The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All PELISH.NET users and customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by PELISH.NET or PELISH.NET users (per the DMCA) to Massive Impressions must follow the below procedures. Copyright infringement notifications submitted to Massive Impressions  according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Massive Impressions’s sole discretion.

DMCA Copyright Infringement Notification Requirements:

  • Signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”)
  •  Identification of the copyrighted work(s) claimed to have been infringed
  • Identification of the material claimed to infringe the copyright(s), and enough information for Massive Impressions to locate it including URLs and specific descriptions of the infringing material at each URL
  •  The Claimant’s name, address, and telephone number(s)
  • A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent
  • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner
  • Mail the notification to:
    Abuse Department – DMCA Complaints
    Massive Impressions
    Boca Raton, FL 33431 OR
    Email: abuse@massiveimpressions.com
    SUBJECT: DMCA Notice

Waiver

No waiver of any obligation, representation or warranty shall be effective unless in a writing signed by the party to be charged. The parties waive the application of the doctrines of promissory and equitable estoppel. The mere delay in enforcement of a right shall not be a waiver of a default. No waiver by a party of any breach, default or violation of any provision of this Agreement shall constitute a waiver of any subsequent breach, default or violation of the same or other provision of this Agreement. A waiver shall be narrowly construed. Acceptance of partial performance or payment shall not constitute a waiver or an accord and satisfaction whether or not there is a dispute between the parties. A party may unilaterally waive any condition of which it is the only beneficiary.

Minimum Age Requirement

PELISH.NET customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept this Agreement in order for the Minor to become a PELISH.NET  customer. A parent or guardian who accepts this Agreement on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with this Agreement, including the timely and full payment of the charges for PELISH.NET Products, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains PELISH.NET’s express written consent to the contrary.

Construction and Interpretation

Wherever in this Agreement the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of this Agreement into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of this Agreement. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of this Agreement.

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Florida. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A FEDERAL COURT LOCATED IN PALM BEACH COUNTY, FLORIDA, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

Modification

Massive Impressions and/or PELISH.NET may change or modify any of the terms and conditions contained in this Agreement, including any policy or guideline incorporated by reference, at any time, and you agree to be bound by the revised terms of this Agreement. Any such modification will become effective upon the date they are first posted on this site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Susan Pelish, PELISH.NET and Massive Impressions do not and will not assume any obligation to notify you of the changes to this Agreement. Your continued use of PELISH.NET will be the reflection of your cooperation and acceptance of any changes or modifications.

Acceptance

You agree that the act of submitting your Order Form online is equivalent to your signature and agree that all the information you submit online is true and correct to the best of your knowledge.

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