USE AND CONSENT
INTELLECTUAL PROPERTY RIGHTS
7. Our Content is our property and/or property of our affiliates or licensors, and is protected by copyright, trademark, and other intellectual property laws.
OUR LICENCE TO YOU
9. If you purchase or access any of our Content, you will be granted a revocable, non-transferable license for personal use only (the Licence).
10. You may not use our Content in a manner that constitutes an infringement of our rights or in a manner that has not been authorised by us.
11. As a Licensee, you understand and acknowledge that our Content has been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorised use.
12. The Licence allows you to use our Content as follows:
12.1. You may download and/or print Program Materials for your own personal use in your business.
12.2. You are not permitted to copy, share, sell, reprint or republish any of our Content, for resale or mass reproduction purposes or for any purpose other than for use in your own business.
12.3. Any trademarks, taglines, and logos displayed on Program Materials are trademarks belonging to us. All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilising these trademarks, or other trademarks displayed, is strictly prohibited without our express written consent, or permission granted herein.
12.4. For those trademarks, taglines, and logos, which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) may not be used by you for any reason without our express written permission.
13. You will not engage in improper and/or unauthorised use of our Content which includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any of our Content, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
14. You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Website, Programs, Products, Services or Program Materials for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Program Materials.
15. You will not reprint or republish any part of our Content for publication or inclusion in your own products, programs, services or program materials.
16. You may establish a hypertext link to our Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our Website or Content and does not state or imply that we have sponsored, endorsed or have ownership rights in your website.
17. You may not frame or inline link our Content without our written permission.
18. All rights not expressly granted in these terms or any express written license, are reserved by us.
19. We are entitled to seek damages for any loss caused by prohibited improper and/or unauthorised use of our Content.
20. Further, in cases where damages alone are not an adequate remedy, we may also seek injunctive relief on a permanent or temporary basis to prevent any further loss arising from prohibited improper or unauthorised use of our Content.
YOUR LICENCE TO US
21. By posting or submitting any material on or through our Website, Programs, Products, Services or Program Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
22. When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorised by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs, Products, Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
23. You also grant us, and anyone authorised by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Website, Programs, Products, Services and/or Program Materials at any time for any reason whatsoever.
24. By participating in our Programs, Products and Services, and using our Website or Program Materials, including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program, Product or Services in our current or future Programs, Products or Services, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
REQUEST FOR PERMISSION TO USE CONTENT
25. Any request for written permission to use our Content in any manner not covered by the Licence must be made BEFORE you wish to use it by sending an e-mail to email@example.com
26. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.
27. When you apply for, enrol in, purchase or use our Website, Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, bank account, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
29. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.
30. We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK
31. As a Licensee, you agree that you are using your own judgment in using our Website, Programs, Products, Services and Program Materials and you agree that you are doing so at your own risk. Our Website, Programs, Products, Services and Program Materials are for informational and educational purposes only. You assume all risks and no results are guaranteed in any way related to our Website, Programs, Products, Services and Program Materials. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Website, Programs, Products, Services and Program Materials.
32. Any claim that you make for damage is capped to an amount equivalent to the amount that you paid to us for access to our Content that relates to your claim. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.
33. We are not liable for any defamatory, offensive or illegal conduct engaged in by you or any other person who purchases or uses our Content or any service that we provide.
34. Our Content is not to be perceived as or relied upon in any way as medical advice or mental health advice. The information in our Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Do not disregard professional medical advice or delay seeking professional advice because of information included in our Content or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional.
35. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.
36. We have not and do not make any representations as to the health physical, mental, emotional, spiritual or health benefits of our Content or any part of it.
LEGAL AND FINANCIAL DISCLAIMER
37. Neither our Content nor any part of it nor any other information that we provide constitutes financial advice, taxation advice or legal advice and is not to be relied upon as such. Our Content is not a substitute for professional advice that can be provided by your own accountant, lawyer, and/or financial advisor.
38. All questions in relation to your income, taxes and specific financial and/or legal situation must be directed to your own accountant, lawyer, and/or financial advisor.
39. We are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Content. You are solely responsible for your results.
40. We have not and do not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product, Services or Program Materials.
41. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Content and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.
42. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the content is free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our content or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
43. We try to ensure that the availability and delivery of our Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Content become temporarily unavailable or access to it becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other like cause.
LINKS TO OTHER WEBSITES
INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS
46. You will not use our Content in any way that causes or is likely to cause the Content or access to any part of it to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its contents and to us. You must use our Content for lawful purposes only. You agree that you will not use our Content in any of the following ways:
46.1. For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
46.2. To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others.
46.3. To send, negatively impact, or infect our Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
46.4. To cause annoyance, inconvenience or needless anxiety
46.5. To impersonate any third party or otherwise mislead as to the origin of your contributions
47. If you have a question or concern about our Content, you may send an e-mail to firstname.lastname@example.org and we will do our best to reply to your question or concern promptly.
PURCHASES AND ONLINE COMMERCE
48. If paying by debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Program, Product or Service without any additional authorization, for which you will receive an electronic receipt.
49. In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Program, Product or Services will not continue and we reserve the right to cease your access immediately and permanently.
51. All information obtained during your purchase or transaction for our Content and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
52. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
53. You agree to be financially responsible for all purchases made by you or someone acting on your behalf.
54. You’re here because you want media coverage for your business – and that’s what we want too. Your Publicity Lab is designed to walk you through every step of the process which will lead to your ultimate success. AND it’s backed by our Media Coverage Guarantee (the Guarantee).
56. To determine if you are eligible for the guarantee you will need to answer the following questions:
56.1. Has it been at least six months since you purchase the lab?
56.2. Have you completed all 10 modules?
56.3. Have you completed all 10 module questions?
56.4. Have you completed your pre-call questionnaire in advance of your call with Kate?
56.5. Have you had your call with Kate?
56.6. Have you prepared three separate media releases about three separate issues? (Send to us – details below)
56.7. Did you use the Media Release checklist to critique each of your media releases (Send to us – details below)
56.8. Did you complete the Publicity Action planner for each release? (Send to us – details below)
56.9. Did you send each media release to at least one journalist?
56.10. Is this your first application for assistance under the Guarantee?
57. If you answered YES to all of the questions in the previous paragraph, you will be eligible for assistance under the Guarantee if you provide us with evidence as set out below.
SENDING YOUR GUARANTEE EVIDENCE TO US
58. To submit a claim for your guarantee you will need to send us evidence of the work you’ve completed. The below documents should be sent to email@example.com with GUARANTEE CLAIM in the subject line for each email.
59. Email #1: Attach to your first email the following documents:
59.1. The completed Publicity Action planner for your first release
59.2. First media release you prepared and sent to journalists (repeat for media release #2 & #3)
59.3. The media list with notes of all contact with the journalists
59.4. The Media Release checklist completed for the above media releases
60. Email #2: FORWARD us the exact emails (there may be more than one) you sent to the journalists.
61. Please note – all docs must be included, and we must receive via forwarding, the emails you sent to each journalist/s for each media release.
62. You have the right to terminate your use of or participation in our Programs, Products or Services at any time by sending an email to firstname.lastname@example.org along with the completed work. This, however, does not entitle you to a refund or cancellation of the required ongoing payments.
63. We reserve the right in our sole discretion to refuse or terminate your access to our Content, in full or in part, at any time, without notice, by sending you an email to the email address you provided upon purchase of the Program, Product or Service.
64. In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
65. Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Content, including but not limited to our Website, private forum, email communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Content at any time without notice and in our sole discretion.
67. It is hoped that should we ever have any differences, we could be able to work them out amicably through email correspondence.
68. If any dispute is not resolved through email correspondence within 14 days after the issue is first raised by email (the date), then the parties will seek to resolve the dispute through mediation as follows:
68.1. The parties will appoint a mediator within 21 days after the date.
68.2. The parties will attend mediation within 42 days after the date.
68.3. Each party will pay half of the cost of the mediation to the mediator prior to commencement of the mediation
68.4. The mediation shall be conducted in accordance with the guidelines published by the Resolution Institute.
69. Neither party may commence Court proceedings unless:
69.1. The parties have failed to complete any of the steps set out above within the relevant time limit
69.2. The other party states that it will not comply with the procedure set out above or fails to carry pout any obligation set out above
69.3. The dispute remains unresolved 60 days after the date
69.4. The party issuing the relevant proceedings seeks urgent interlocutory relief
70. Clauses 67 to 69 will survive and continue to apply despite termination of this agreement.
CONFIDENTIALITY AND PRIVACY
WHAT WE DO WITH CONFIDENTIAL INFORMATION
73. We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Content, (3) to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to our Content.
74. All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver email or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.
CONFIDENTIALITY AND DISCLOSURE
75. All Confidential Information will be held in confidence and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information:
75.2. if we are required to do so by law,
75.3. in the good-faith belief that such action is necessary to conform to the law,
75.4. to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates,
75.5. to protect and defend our rights or property or those of our users or purchasers, and/or
75.6. to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.
76. Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Content, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
77. We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Content may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Content.
78. To use certain features of our Content, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to our Content or a private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Content you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately inactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
Copyright © 2023. All Rights Reserved.