PRISM Media Group TERMS AND CONDITIONS

1. What the Contract Covers.

This is a contract between you and the PRISM Media Group company referenced in section 21. Sometimes PRISM Media Group is referred to as "we," "us" or "our." This contract applies to any PRISM Media Group software, website, network, publication, product or service, including updates that you access or use while this contract is in force. Any advertising products published in print and/or online, are referred to in this contract as the "product." All online advertising order entry service, digital upload services, electronic payment service and online information websites are referred to in this contract as the "service." Please note that we do not provide warranties for the service. The contract also limits our liability. These terms are in sections 13 and 14 and we ask you to read them carefully.

2. When You May Use the Service.

You may start using the service as soon as you have been issued or create a username and password. In some situations information may not require login. Any site that links to this hypertext is protected by this Service Agreement.

3. How You May Use the Service.

In using the service, you will:

  • obey the law;
  • obey any codes of conduct or other notices we provide;
  • obey the PRISM Media Group ANTI-SPAM POLICY;
  • keep your service password secret; and
  • promptly notify us if you learn of a security breach related to the service.
4. How You May Not Use the Service.

In using the service, you may not:

  • use the service in a way that harms us or our affiliates, vendors and/or partners (collectively, the "PRISM Media Group parties"), or any customer of a PRISM Media Group party;
  • use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by PRISM Media Group, or "meta-searching");
  • use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
  • damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use of the service; or
  • resell or redistribute the service, or any part of the service.
5.You Are Responsible For Your Service Account.

Only you may use your service account. For some parts of the service, we may notify you that you may allow access that is dependent on your account (an "associated account"). You are responsible for all activity that takes place with your service account or any third party you allow to have access You may not authorize any third party to access and/or use the service on your behalf for any purpose other than in support of your purchase. Any third party accessing this service is bound by the terms of this contract.

6. If You Pay PRISM Media Group.

6.1 Charges. This section 6 applies in all situations in which you directly pay us. If you pay a company other than us for the product, then the charges and billing terms are as stated by the other company.

6.2 Payment. When you order a product, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for the product using your payment method and for any paid feature of the service for which you choose to sign-up or use while this contract is in force. You may be required to pay charges in advance. We may charge you a different amount than what you approved. If it is a greater amount, we will tell you the amount and the date of the charge. In addition, we may charge you up to the amount you have approved, and notify you in advance of the difference. We may bill you for more than one of your prior billing periods together. If we informed you that the product will be provided indefinitely or automatically renewed, we may automatically renew your order and charge you for any renewal term.

6.3 Updates to Your Billing Account. You must keep all information in your recurring billing account current, including your billing address and the expiration date of your credit card. If you tell us to stop using your payment method, we may cancel your order and bill you for any discounts you may have received but are no longer entitled to as a result of a reduction in frequency commitment or order value. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request, you are responsible for any charges incurred.

6.4 Prices and Price Increases. The price for the service excludes all taxes and miscellaneous charges, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the product from time to time, but we will tell you before we do.

  • If there is a specific time length and price for your product offer, then that price will remain in force for that time.
  • If your service is on a period basis (for example, monthly), with no specific time length, then we will tell you the date of any price change. That date will be not less than 30 days after we tell you of the price change.
If you do not agree to these changes, then you must cancel before the changes take place. If you cancel, then your commitment ends at the end of your contracted time length or, if we bill your account on a period basis, at the end of the contract period.

6.5 Refund Policies. Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense.



6.6 Online Statement; Errors. We will provide you with an online billing statement. We may provide paper or email copies. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 60 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 60 days after the error first appears on your statement. If you do not tell us within this time, we will not be required to correct the error.

6.7 Canceling the service. You may cancel the service at any time, with or without cause. To obtain information on cancelling your order please refer to the materials describing the specific publication. Cancellation must be made in writing and post marked prior to the published Ad Close Date. Send cancellations to PRISM Media Group, Attn: Accounting, 1830 Lakeview Drive, Lewisville, TX 75057. Please identify the specific publication. Certain advertising products require cancellation charges, up to as much as 100% of the value of the product, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account.

6.8 Late Payments. Unless specifically stated otherwise in the materials of a specific publication, all payments are due prior to publication. Payment not received prior to the payment deadline will result in the exclusion of your product from the associated publication. Failure to meet the payment terms of a publication will be considered a Cancellation and will adhere to the cancellation policy of the publication and may result in charges.

Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. If you have provided a credit card as the payment method you will accept the charges without challenge. Charges will accrue on any unpaid balance at the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. Any discounts that may have applied as a result of frequency, limited time offer or package pricing will be forfeited and charges will be calculated using the current published rate card for each individual ad product. These costs may also include reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your products if you fail to pay in full on time.

7. Your Materials.

You may be able to submit materials for use in connection with the service. Except for material that we license to you, we do not claim ownership of the materials you post or otherwise provide to us related to the service (called a "submission"). However, by posting or otherwise providing your submission, you are granting to the public free permission to:

  • use, copy, distribute, display, publish and modify your submission, each in connection with the service;
  • publish your name in connection with your submission; and
  • grant these permissions to other persons.
This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law. We will not pay you for your submission. We may refuse to publish, and may remove your submission from the service at any time. For every submission you make, you must have all rights necessary for you to grant the permissions in this section. To ensure that your materials meet our publishing specifications and to avoid fees associated with editing or correcting materials or late materials please adhere to the PRISM Media Group ADVERTISING SPECIFICATIONS for the specific publication in which you are advertising.

8. Privacy.

We consider your use of the service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of PRISM Media Group, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.

We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service.

In order to provide you the product and service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. This data will not personally identify you. You may read about this information collection in more detail in the PRISM Media Group PRIVACY POLICY.

9. Software.

Unless we notify you otherwise, your license to use this Web site and associated software is limited to a specific publication. We may disable the software at anytime with or without notice.

You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.

The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.

This site and all associated software is protected by copyright and may not be copied, reproduced, or downloaded without the written consent of PRISM Media Group.

10. PRISM Media Group Network.

We, or one of our partners, may provide you with credentials on our network to use with the service. You are solely responsible for any dealings with third parties (including service bureaus) who use your credentials on our network, including the delivery of and payment for goods. This contract applies to you whenever you use the credentials you obtained with the service. When you use our network to gain access to any site, the terms and conditions for that site, if different from this contract, may also apply to you in your use of that site. Please refer to the terms of use for each site that you visit. We may cancel or suspend your access to our network for misuse or inactivity, which we define as failing to sign in to our authentication network for an extended period, as determined by us. If we cancel your credentials, your right to use our network immediately ceases.

11. Requirements For Placing Advertisements.

You may be able to place advertisements in or through the service. We have no obligation to display any part of the advertising content. With respect to any advertising content you provide, you promise that:

  • all advertising content is accurate, complete and current;
  • you have all necessary rights, power and authority to publish the advertising content;
  • the advertising content, and any web site listed or linked to from the advertising content:
    • complies with all applicable laws and regulations;
    • does not infringe, misappropriate or otherwise violate any copyright, patent, trademark, service mark, trade secret or other intellectual property right of any third party;
    • does not breach the rights of any person or entity, including rights of publicity or privacy, and is not defamatory; and
    • does not result in consumer fraud (including being false or misleading), product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity.
  • you possess documents substantiating all claims, express and implied, contained within the advertising content.
You further agree to the PRISM Media Group Advertising Terms and Conditions for the publication for which you may be placing advertisements.

12. How We May Change the Contract.

If we change this contract in any substantial way, then we will tell you at least 30 days before the change takes place. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your use of the service will continue under the changed contract. The most current version of this contract will be posted to the network.

13. WE MAKE NO WARRANTY.

PRISM Media Group disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material available through the service. PRISM Media Group disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. PRISM Media Group disclaims any responsibility for any harm resulting from uploading, downloading or accessing any information or material on the through the PRISM Media Group service.

THE PRISM MEDIA GROUP SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE PRISM MEDIA GROUP SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PRISM MEDIA GROUP AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PRISM MEDIA GROUP AND ITS PARTNERS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRISM MEDIA GROUP SERVICES. PRISM MEDIA GROUP AND ITS PARTNERS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRISM MEDIA GROUP SERVICES. PRISM MEDIA GROUP AND ITS PARTNERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRISM MEDIA GROUP SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE PRISM MEDIA GROUP SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRISM MEDIA GROUP SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU UPLOAD, DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PRISM MEDIA GROUP SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

14. LIABILITY LIMITATION.

UNDER NO CIRCUMSTANCES SHALL PRISM MEDIA GROUP OR ITS PARTNERS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE PRISM MEDIA GROUP SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PRISM MEDIA GROUP OR ITS PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRISM MEDIA GROUP SERVICES, FROM INABILITY TO USE THE PRISM MEDIA GROUP SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRISM MEDIA GROUP SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRISM MEDIA GROUP SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRISM MEDIA GROUP SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRISM MEDIA GROUP SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRISM MEDIA GROUP SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRISM MEDIA GROUP SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE PRISM MEDIA GROUP SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall PRISM Media Group or its partners be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

15. Changes to the Service; If We Cancel the Service.

We may change a product, this service or delete features at any time and for any reason. We may change, cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges made to your billing account. If we cancel the publication in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining before the cancellation. In the event of a change of the service PRISM Media Group reserves the right to convert your service to a "like" service of equal or greater value.

16. Interpreting the Contract.

All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This contract are the entire contract between you and us regarding your use of this service. In case any one or more of the provisions contained in this contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provision in this contract and the contract shall be construed as if the invalid, illegal or unenforceable provision had never been contained in the contract. In the event of a conflict in terms PRISM Media Group shall, at its discretion, determine which provision shall remain in force. They supersede any prior contract or statements regarding your use of this service. The section titles in the contract do not limit the other terms of this contract.

17. Assignment.

We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so will void our agreement. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or fulfill any commitment made by you as a part of the service.

18. No Third Party Beneficiaries.

This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

19. Your Notices to Us.

All notices must be in writing and sent to: PRISM Media Group, Attn: Accounting, 1830 Lakeview Drive, Lewisville, TX 75057

20. Notices We Send You; Consent Regarding Electronic Information.

This contract is in electronic form. We have promised to send you certain information in connection with this service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:

  • by e-mail at the e-mail address you specified when you signed up for your service;
  • by access to a PRISM Media Group web site that will be designated in an e-mail notice sent to you at the time the information is available; or
  • by access to a PRISM Media Group web site that will be generally designated in advance for this purpose.
Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using this service.

21. Contracting Party, Choice of Law and Location for Resolving Disputes.

This contract is between you and the PRISM Database Publishing, LP a Texas Limited Partnership d/b/a PRISM Media Group. Texas state law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States, or if you live outside the United States, the laws of the country to which we direct your service. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Dallas County, Texas, USA for all disputes arising out of or relating to this contract.

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