Privacy Policy

Promark Design & Marketing Terms and Conditions

Website Terms of Use

THIS DOCUMENT CONTAINS IMPORTANT TERMS AND CONDITIONS THAT AFFECT YOUR LEGAL RIGHTS AND REMEDIES. YOUR USE OF THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.

Pro-Mark Publications Inc. and/or its related subsidiaries, affiliates, companies, divisions and licensees (collectively "Pro-Mark"), provide this website and its services to you subject to the following terms and conditions, which may be changed by Pro-Mark from time to time without notice to you. In this document the words "us", "we", and "our" refer to Pro-Mark.

DISCLAIMER

This website and all information, images, artwork, text, video, audio, pictures and other materials contained on this website, and the website design, content and arrangement (collectively, the "Information") is provided "AS IS". Pro-Mark makes no representations or warranties of any kind, express or implied, as to the operation of this website, its services, or the Information. The accuracy and completeness of any Information provided by third parties is the responsibility of, and entirely under the control of, those third parties. PRO-MARK IS NOT RESPONSIBLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES IN ANY WAY ARISING OUT OF YOUR USE OF THIS WEBSITE, ITS SERVICES OR THE INFORMATION, INCLUDING ANY DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR PERSONAL INFORMATION BEING TRANSMITTED BETWEEN YOU AND PRO-MARK.

WE ARE NOT RESPONSIBLE FOR LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES OR MAIL, UNAVAILABLE CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED TRANSMISSIONS, ONLINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PRO-MARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

EXCLUSION OF LIABILITY

PRO-MARK WILL NOT BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THIS WEBSITE OR PRO-MARK'S SERVICES, EVEN IF SUCH DAMAGES ARE FORESEEABLE OR PRO-MARK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE BASIS ON WHICH A CLAIM FOR DAMAGES IS MADE.

INFORMATION

While reasonable efforts have been made to ensure the Information is accurate and reliable when it was posted on this site, THE INFORMATION MAY NOT BE ACCURATE, COMPLETE OR CURRENT. You use the Information at your own risk and you should not rely on the Information in situations where that reliance might result in any loss or damage to persons or property.

COPYRIGHT

The Information is protected by copyright laws. All Information available on this site is intended for private, non-commercial use by individuals. Any commercial use of the Information, in whole or in part, directly or indirectly, without the prior written consent of the owner(s) of the copyright, is specifically prohibited. The Information may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. Individual users may, subject to these terms and conditions, print or save individual pages for private, non¬-commercial use, however, an individual user may not otherwise copy, reproduce, republish, post, transmit, display, perform, distribute, modify or create derivative works from the Information without Pro-Mark's prior written approval. By downloading the Information, you confirm agreement with, and acceptance of, the foregoing conditions of use.

TRADE-MARKS

All trade-marks and trade names appearing on this website are owned by Pro-Mark or appear under license from their respective trade-mark owner(s) and may not be used in connection with any product or service that is not the trade-mark owner's; in any manner that is likely to cause confusion; or in any manner that may disparage or discredit the trade-mark owner. Nothing contained on this site gives any person the right or license to use any trade-mark displayed on this site without the expressed written permission of the trade-mark owner.

PRIVACY

Pro-Mark respects your personal privacy. You may use this website without providing any personal information about yourself to us. Except as may otherwise be set out in our privacy policies, we will not collect, use, or disclose your personal information without your consent. If we ask you to provide us with any personal information, we will tell you the purposes for which we intend to use that information and we will not use or disclose that information for any other purposes without your consent. To view our current privacy policies, please click here: Privacy Policy

Our site may utilize cookies to enable us to track and target your interests and user habits on our site in order to enhance your experience on our site. Cookies are small pieces of data which are stored on your computer to allow your web browser to remember something about our site. Cookies are useful because they allow us to personalize our site for you by, for example, telling us whether you have previously visited our site. However, our use of cookies does not identify you personally; these cookies merely recognize your browser. Unless you choose to identify yourself to Pro-Mark, you remain anonymous to us. Unless otherwise communicated to you at the time, you may set your computer to not accept cookies while browsing our site without negatively affecting your use of our site.

COMMUNICATION USING THE WEBSITE

This website may contain bulletin board services, chat areas, news groups, forums and other communications facilities designed to allow you to communicate with others. You may not use these features or this website to communicate anything defamatory, threatening, hateful, harassing, abusive, unlawful, vulgar, obscene, harmful or potentially harmful, or invasive of anyone's privacy. Pro-Mark does not generally monitor and filter the content posted within these communications facilities; however, Pro-Mark may review and delete any materials without cause, notice or explanation.

LINKING

Any sites that are linked from this website are not under our control, and Pro-Mark does not assume any responsibility or liability for any communications or materials available at those linked sites. All links are provided for your convenience only; they do not represent an endorsement or referral by Pro-Mark and you access linked sites at your own risk.

If you wish to provide a link to our website from your website, you may only link to our home page at www.promarkdesigns.com. You may not use any of Pro-Mark's icons on your website without the express written consent of Pro-Mark, and you may not use the link to suggest that Pro-Mark sponsors, endorses, approves of or is affiliated with your website.

JURISDICTION

The laws in force in the province of British Columbia, Canada, will govern these disclaimers, terms, conditions and any claims you make against Pro-Mark. You agree that any action at law or in equity arising out of or relating to these disclaimers, terms and conditions will be filed only in the courts located in the province of British Columbia, and you hereby consent and submit to the exclusive and personal jurisdiction of such courts for the purpose of litigating any such action.

GENERAL

Pro-Mark may amend these Website Terms of Use or its Privacy Policy at any time. Accordingly, you should periodically re-visit these terms to review the then-current Website Terms of Use governing your use of this website. Certain portions of these Website Terms of Use may be superseded by terms of other contracts between you and Pro-Mark. If any part of these Website Terms of Use is unlawful, void or unenforceable, then that part is severable and will not affect the validity and enforceability of the remaining disclaimers, terms and conditions. Pro-Mark reserves the right at any time to begin charging for access to this website and its services.

STOCK PHOTOGRAPHY

When Promark provides stock photography for use within your design and/or website the following conditions apply - you must agree to these terms to make use of Promark provided designs and/or stock photography:

You are permitted to continue use of the provided design and/or stock photography AS PROVIDED only within the design and or website it was originally intended use in. You may not extract, download, manipulate or otherwise distribute said photography for use other than its original use and intention in the provided completed design by Promark.

You also may NOT:

• use, give away, resell, manipulate or otherwise extract portions from the design and/or stock photos themselves.
• use any design or stock photography provided by Promark as your content as part of an electronic template or application or other design or product (greeting cards, business cards, web page designs, etc.), other than its original use as a design element in your original project agreement.
• incorporate the design and/or stock photography provided within a design and/or website as part of your service mark or trademark.
• use or access any design and/or stock images provided by Promark and its suppliers outside of a layout or product provided to you by Promark.
• claim copyright to any stock images, designs or photos that are provided to you by Promark and its suppliers.

Promark reserves the right to (1) not continue the permitted use of any design and/or stock photography for any reason whatsoever; and (2) notify you that certain design and/or stock photography are no longer available for use in your provided design and/or website. Upon notification the permission to use said design and/or stock photography shall automatically and immediately terminate.
Promark reserves the right to replace any design and/or stock photography with an alternative design and/or stock photograph for any reason whatsoever. Upon notification or replacement the permission to use said design and/or stock photography shall automatically and immediately terminate.

SPAM

Promark powers a large number of Web sites. Promark technology prohibits users from sending mass mail; however Promark can do little about the drop box approach. Nor can Promark accept responsibility for spoofing, or Spammers who define a fake series of message headers to create the illusion that a message is coming from a particular Promark or Promark hosted site innocent of Spamming.

For example, user annoyingperson@unitedspam.com is sending out half a million messages a day in order to advertise his miserable pyramid scheme. His Spam messages, however, look as if they are coming from innocentfellow@promarkhostedsite.com, because the message headers have been falsified or the message has been spoofed.

The most important thing is to examine your full message headers to determine where the message really came from. The "From:" header that is commonly shown in basic message header displays can be easily faked! It is harder to fake the complete message header, which can provide useful information about the message. Promark technology allows users to see the full message headers of all e-mail messages.

Any users that are suspected of Spamming from an Promark hosted site, or of using a Promark hosted site for drop boxing or spoofing, should be reported immediately. We will investigate the user and take action if we determine that he/she is guilty.

 

You may contact general@promarkdesigns.com, or the specific Promark hosted web site from which you received the junk mail. Spoofing and drop boxing are usually beyond the absolute control and responsibility of Promark. Promark will do the utmost to prevent Spam, but we ask the recipients of junk mail to understand that very often Promark is not the originator of such messages, but one of the victims! The solutions to spoofing and drop boxing are complex and involve co-operation between a number of Web sites and ISPs.