Terms of Service

Company Statement

Premium Press, Limited, by and through its subdivision, PremiumPress, hereinafter referred to as "Provider", is engaged in the business of providing website and software services to small, medium and large businesses, hereinafter referred to as "User". PremiumPress designs and develops quality, feature-rich premium website themes. Said themes and other Provider services may be accessed by User using various mediums. Provider makes no guarantees or promises that User's chosen medium will be able to access Provider's website and software services. Provider offers its Users a gateway, hereinafter referred to as "Service", to application-specific tools and resources, including, but not limited to, user-specific communication tools, search services, and personalized content.

Terms of Service

User agrees that from time to time Provider may, without consultation, agreement, or consent from User, include in its service and materials items including, but not limited to, advertisements and communications from Provider in the form of service announcements, administrative messages, and newsletters, and that said items are incorporated herein as part of User's participation in this agreement and as part of this Agreement's Terms of Service, or "TOS". The Terms of Service shall govern the specific duties and responsibilities of User, Provider, and Service.

1. 1. License Key

   "User" is provided a license key which grants that User unlimited installations on domain names that User owns and is the sole owner of. A license cannot be resold or given away without written permission from "Provider".

2. 2. Termination of User Account

   User understands and agrees Provider, in its sole discretion, and without prior notice or consultation with User, shall retain the right and authority to immediately terminate User's account and deny User's access to any and all associated information or material previously entered by User and with 3rd parties with whom User had a business or personal relationship.

   Reasons for termination of Service and denial of access may include, but not be limited to:

   • Unauthorized distribution of software; or
   • Unauthorized distribution of software license key; or
   • Software installations on domains not owned by User; or
   • Third-party exposure to software license key; or
   • Extended periods of User inactivity;
   • Allegations of User's involvement in fraudulent or illegal activities; or
   • User's breach or violation of the TOS or other incorporated agreements or guidelines; or
   • Unexpected technical or security issues or problems outside the control of Provider;
   • Rude, aggressive or violent behavior towards staff members;
   • Requesting a refund to purchase at a discounted price.

   Termination of User's account includes:

   • Removal of access to all products and services,
   • Deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof),
   • Barring of further use of the Service,
   • Any combination of the above.

   User agrees to release and fully indemnify Provider from any liability which might arise as a direct or indirect result of Provider's actions. Such release and indemnification shall extend to 3rd parties with whom User may have any obligations and shall include termination of User's email address or access to Service.

3. 3. Inclusions

   User understands and agrees Provider makes no promises or guarantees User will be able to access its products and services through User's choice of medium. Access to, and related costs of, connection services between User and Service shall be the sole and exclusive obligation of User. Such services include, but are not limited to, Internet connection fees, Internet plan participation fees, taxes, and airtime charges. User further agrees any and all costs of equipment User will need to access Service shall be User's full and exclusive responsibility, holding Provider harmless and indemnifying Provider from any costs incurred by User in attempts to secure and maintain access to Service.

4. 4. Registration

   User agrees he is of legal age in his local jurisdiction and is otherwise not prohibited by law from entering into this Agreement and being bound by its Terms of Service, including the consequences of User's breach of any of the terms in the Agreement and its Terms of Service. Provider will make available to User a Registration Form. User agrees to complete said form truthfully and accurately and, from time to time when necessary, update and keep current all of User's information. Failure to comply with these requirements shall subject User to termination of this Agreement at the discretion of Provider. If terminated, User agrees to hold Provider and Service harmless and to fully indemnify each of them from any 3rd party lawsuits, contest, or arbitration proceedings and their results.

5. 5. Privacy of Information

   User understands and agrees all information User conveys to Provider shall be subject to the strict terms of the Service Privacy Policy. The Privacy Policy may be reviewed by User at any time and can be found at https://www.premiumpress.com/privacy. Provider agrees to fully honor and comply with said Privacy Policy and will do everything reasonably and legally possible to prevent the unauthorized dissemination of information and materials to third parties. Absent a court order or other illegality perpetrated by User, Service shall continue to provide safe harbor for User's registration information.

6. 6. Member Account Access Information

   Upon completion of the registration process a customer account will be created for User. User's customer account will contain such information as is necessary to create a profile of User's username, password, and other secure information with which User shall use to access Service. User agrees to be responsible for the care and confidentiality of said information, and shall hold Service harmless from any losses User might incur as a result of a security breach. In the case of User's discovery of illegal access to, or a breach of, their security information by an unauthorized third party, User shall immediately, or as soon as is reasonably possible, contact Provider and Service and report the details of such breach. Additionally, in the case of said breach of security, User shall fully exit from their account at the expiration of each session with Service.

7. 7. Third-Party Indemnification

   User understands and agrees although Service will afford User access to certain materials intended to meet User's specific requirements, all information, of any type, including, but not limited to, tags, messages, videos, graphics, photographs, sound, music, software, text, and data, are solely within the purview and responsibility of User and the person or entity, hereinafter referred to as "Supplier", from which User subscribed or gathered said material. User further understands and agrees Provider and Service shall not be responsible for the material User receives, or attempts to receive, from Supplier. User holds harmless and indemnifies Provider and Service from any breach of local jurisdictional laws, litigation, and any other costs incurred or to be incurred by User as a result of the transmission or transmissions from Service, whether said transmissions are via local, national, state or federal mail delivery systems, posting, email, or any other vehicle of transmission of information between Service and User. User also holds harmless and indemnifies Provider and Service from computer-generated viruses, or offensive or salacious material which by its nature is intended to be prurient, offensive, indecent, or objectionable.

8. 8. Prohibited Uses

   User understands there exist local, county, state, national and federal laws and regulations governing and prohibiting the transfer and dissemination of information generated over various mediums. User agrees the following actions are strictly prohibited and that participating, whether directly or indirectly, in any of said actions will be grounds for immediate termination of this agreement.

   User is prohibited from using the Service to:

   • Engage in the uploading, mailing, posting, emailing or any other action which ultimately makes available content that is unlawful, harassing, threatening, abusive, hurtful, mean, slanderous, libelous, tortious, vulgar, obscene, prurient, hateful, or racially, sexually, ethnically or otherwise inappropriate or objectionable.
   • Engage in the uploading, mailing, posting, emailing or any other action which ultimately makes available content that may infringe on any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any person or entity.
   • Promote or suggest harm to minors.
   • Engage in the impersonation of a person or entity and identify themselves as an employee, agent, family member, or associate of Provider, whether using the name PremiumPress or any other name intended to confuse or convince the public of User's legal association with Provider. Such impersonations include, but are not limited to, the following:
     • PremiumPress Official
     • Forum Leader
     • Guide
     • Host
     • Associate of an affiliated entity which presumes to have authority of any kind
     • State, federal, national, international, or local law enforcement agency
   • Alter, modify, edit, manipulate identifiers, or forge headers in an effort to confuse, mislead, disguise, or alter the original content transmitted from Service.
   • Engage in the uploading, mailing, posting, emailing or any other action which ultimately makes available any unsolicited or unauthorized advertising or promotional materials except in areas specifically designated for such purpose.
   • Engage in the uploading, mailing, posting, or emailing of any junk mail, spam, chain letters, pyramid schemes or proposals, Ponzi schemes, and similar material which is inappropriate and which might in any manner be violative of the law.
   • Engage in the uploading, mailing, posting, or emailing of any material of any nature which can, or has a remote possibility of, containing known or unknown viruses, software contaminants, inappropriate computer code, files or other programs which by their very nature are intended to interrupt, illegally modify, augment, destroy or diminish the functionality of any computer software, hardware or telecommunications equipment.
   • Engage in the disruption of the normal flow of dialogue with inappropriate scrolling which poses an unreasonable burden on other subscribers and users of the Service and which inhibits others from engaging in real-time exchanges of information and material.
   • Engage in actions which may result in disruption of Service and other servers or networks normally associated with Service and its transmission of information to others.
   • Engage in disobedience of laws, regulations, requirements, procedures, or policies of other networks associated with Service.
   • Engage in action which intentionally or unintentionally violates any state, federal, national or international laws, including, but not limited to, rules of the U.S. Securities and Exchange Commission or any national or other securities exchange, without limitation the New York Stock Exchange or the American Stock Exchange.
   • Engage in criminal acts, including, but not limited to, stalking, email harassment, terroristic threats, or the illegal posting of hateful, libelous, or slanderous statements.
   • Engage in the storage of the personal data of others, whether participants in the Service or not.
   • Engage in the reproduction, publication, distribution, or public exhibition of materials without the express consent or authorization of Service or Provider.

9. 9. Interception of Content

   From time to time Provider may choose to intercept content from Service. When doing so, Provider reserves as its sole and exclusive right the power and authority to limit, refuse, delete, modify, eliminate, or alter content from Service which Provider, in its sole discretion, deems to be objectionable, whether as a result of illegality, obscenity, plagiarism, or violation of law. Provider shall not be obligated to consult with, or gain the approval or consent of, User before taking such action. Provider's actions herein shall not be deemed a violation of this Agreement.

10. 10. Reliance by User

    User shall have the responsibility to evaluate content obtained or to be obtained from Service. User acknowledges Provider has no responsibility, and as a result no liability, for the accuracy or inaccuracy, completeness, authorship, capacity, applicability or usefulness of content from Service. User holds harmless and indemnifies Provider from any and all liability resulting from the dissemination of content from Service. Such indemnification includes, but is not limited to, information and material contained in message boards, intra-company postings, or other mediums used as a conduit of information from Service.

11. 11. Provider's Disclosure to Third Parties

    User agrees with and acknowledges Provider's right to disclose to third parties User's account content and profile information under the following circumstances:

    • When required by lawful court order, subpoena, operation of law, or other legally binding requirement to disclose or tender.
    • When doing so in good faith under threat of destruction or deletion of content.
    • When defending itself from previously unforeseen claims of violation of the rights of third parties.
    • When User contacts Provider's Customer Service division.
    • When necessary to protect the personal safety and welfare of PremiumPress, Premium Press, LTD., its employees, agents, servants, principals, associates, family members, affiliates, or the general public.
    • If it becomes necessary for Provider to disclose information to third parties under the circumstances set forth and incorporated herein, User agrees to hold harmless and indemnify Provider from any resulting liability, including liability stemming from third-party intervention.

12. 12. Tampering

    User acknowledges the existence of security components of various types embedded in, and as part of, the transmission processes involving one or more connecting networks or services. User acknowledges the rights of third parties to embed and rely upon said security proprietary components in the protection of digital materials and in the legitimate transmission and receipt of information from users, providers, and said third parties. User agrees not to attempt, nor cause another, to interfere with, override, infiltrate, disguise, modify, alienate, or circumvent said proprietary security components.

13. 13. Acknowledgement of Intrastate and Interstate Transmissions

    User acknowledges upon registration with Provider, User will gain indirect access to Provider's computer networking systems. User understands and acknowledges Provider's networks are located in the United States and abroad. Transmissions of information or materials User may believe to be solely intrastate may in fact be interstate. As a result, it is probable User's transmissions will travel electronically over state, local, and international boundaries.

    User acknowledges the illegal use or transmission of information or material is subject to U.S. federal and international law, and that the promulgation and dissemination of information and materials in contravention of such law may subject User to lengthy imprisonment and substantial fines. In the event User, while accessing Service through Provider, commits a violation of any local, state, county, parish, federal or international law, User agrees to hold Provider harmless and to indemnify Provider from any liability resulting from said violation.

    User agrees Provider will have no responsibility, other than through the information contained herein, to notify User when User's transmissions become interstate. User further agrees the arrest or indictment of User for illegal acts or transmissions will immediately void this Agreement.

    User agrees to remain in compliance with local, county, parish, state, federal or international laws, rules and regulations, and understands the consequences for non-compliance.

14. 14. User Release of Content

    Provider makes no claims of ownership to content submitted by User to Service. User agrees that information or material User makes available as "Publicly Accessible" may be co-opted by Provider and its affiliate companies for their use and distribution, without requirement or necessity of payment to User of royalty fees or remuneration of any kind, subject to the following conditions:

    User grants to Provider a license to use, distribute, reproduce, modify, adapt, publicly perform or display photographs, graphics, audio or video which User makes available in publicly accessible areas of Service. This license lasts for as long as such content remains within the Service, and is deemed rescinded once the content is removed.

    User grants to Provider a perpetual, irrevocable, and fully re-licensable and sub-licensable authority to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display information and material of a nature different from User's photographs, graphics, audio or video, and to incorporate said information and materials into formats or mediums chosen by Provider, now or in the future.

    "Publicly Accessible" is defined as those areas of Service which have at all times been intended for public consumption.

15. 15. Indemnification

    At all times herein, User agrees to hold harmless and indemnify Provider, its agents, servants, employees, family members, affiliates, partners and licensors from any claims or demands, including reasonable attorneys' fees and court costs, from any third party. Said claims include, but are not limited to, disagreements over the posting, transmitting, or publishing of User's information and materials submitted for use within Service, violation of the Terms of Service herein, connection issues arising out of Service, or User's violation of law or the legal rights of a third party.

16. 16. General Practice for the Use and Storage of Information

    User understands and agrees Provider retains the right and authority to establish the following general practices and limits related to Service:

    • The maximum number of days uploaded information and materials will be retained by Service.
    • The maximum number of email messages User is permitted to send or receive from Service.
    • The maximum size of any email message User is permitted to send or receive from Service.
    • The maximum disk space allotted on Provider's servers on behalf of User.
    • The maximum number of times and duration for which User may have access to Service in a given period.

    User further acknowledges and agrees Provider:

    • Shall assume no liability for any deletions or failures to store any messages and other communications of information and material transmitted by Service.
    • Shall retain the right to log off User accounts which become inactive for an extended period of time.
    • Shall reserve the right from time to time to modify or cancel said general practices and limits without consulting with, or gaining the approval of, User.

17. 17. Modification and Discontinuance of Service

    User acknowledges Provider's right and authority to discontinue or modify, temporarily or permanently, Service, or any part thereof, without any obligation to notify User of such action. User permanently holds harmless and indemnifies Provider from any liability for Provider's modification, suspension, or discontinuance of User's access to Service.

18. 18. Collateral Agreements with Third-Party Advertisers

    User's relationships with third-party advertisers shall remain outside of the direct control of Provider. Any agreements User has with an advertiser shall not include Provider as a party. In the event of a disagreement, claim, arbitration or lawsuit to enforce any obligation between User and an advertiser, User shall bear sole and exclusive liability for the outcome and final resolution of said claim, and will indemnify and hold harmless Provider from any claims of any nature arising out of that relationship.

19. 19. Internet Links

    Service and other third parties may from time to time provide User with links to other websites or related resources. User acknowledges Provider has no means to control the content of a third-party site, and agrees Provider shall not be held responsible for the content, availability, or resources purported to be within any third-party site, nor for any damage or loss caused by, or in connection with, User's use of or reliance on the content, information, material, goods and services available on any third-party site.

20. 20. Proprietary Rights

    User acknowledges and agrees Provider's software used to facilitate User's connection with Service contains proprietary and confidential information, protected under applicable local, county, state, federal or international law. User further understands any sponsored advertisements located within Service are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as otherwise provided or expressly authorized by Provider, User agrees to refrain from modifying, renting, leasing, loaning, selling, or distributing said legally protected rights of Provider and Service, and agrees to refrain from creating derivative works based on software belonging to Provider or Service.

21. 21. Warranty Disclaimers

    User understands and agrees with the following:

    A. User assumes all risk connected with access to and use of Service. The access Provider makes available to User is on an "as is" and "as available" basis. Provider and its parent company, Premium Press Limited, their heirs, assigns, agents, servants, employees and affiliates, disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

    B. Provider and its parent company make no warranty that Provider or Service will be able to:

    • Meet User's expectations and requirements; or
    • Perpetually and without interruption provide timely, secure or error-free information; or
    • Confirm the information and materials offered by Service to be free from error, accurate and reliable; or
    • Confirm the quality of any products, services, information, or other material purchased, leased, or otherwise obtained by User will meet User's expectations; or
    • Guarantee, warrant, or confirm any errors in the information, material or related software applications will be free from error; or
    • Correct any errors in the software provided to User for maintaining communication with Service.

    C. Provider shall not indemnify, guarantee, or warrant information or material downloaded or otherwise obtained by User from Service. User assumes full and exclusive liability and risk for any damage to User's computer hardware or software occurring during the downloading or obtaining of such information or materials.

    D. Provider shall not indemnify, guarantee nor warrant the veracity, accuracy, truthfulness, or specific applicability of information or materials, whether by oral or written exchange, made available to User from Provider or Service.

    E. Provider expressly admonishes User to be vigilant of unexpected epileptic seizures which may result from exposure to light or other projections from a computer hard drive or monitor. Provider further admonishes User to learn whether there exists any family history of epileptic seizures, and if found, to discontinue use of the computer and monitor and seek the advice of a physician. In the unlikely event User or a third party experiences dizziness, impaired vision, eye or muscle twitches, loss of awareness, disorientation, or any other involuntary movement or convulsion, they should immediately discontinue use of the computer and seek assistance at their local hospital's emergency room.

22. 22. Limitation of Liability

    User expressly acknowledges and agrees Provider, its agents, servants, employees, family members, affiliates, partners and licensors shall not be liable, nor share in User's liability, for any direct or indirect, incidental, consequential, special, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other tangible or intangible losses — even if such losses are reasonably foreseeable and whether or not Provider had actual notice of the possibility of such damages — resulting from:

    • User's inability to use or access Service; or
    • User's cost of procurement of substitute information and material obtainable from a third-party source; or
    • Third-party infiltration, interception, or other unauthorized access to Service; or
    • Unsolicited or solicited statements from third parties; or
    • Any other tangible or intangible, foreseen or unforeseen loss which by its nature may harbor destructive capabilities; or
    • Any combination thereof.

23. 23. Exclusions

    There exist local, county, state, federal and international jurisdictions which do not permit, by operation of law, the ability to exclude or disclaim liability for incidental or consequential damages. Where such laws conflict with the TOS herein, those laws shall supersede and take precedence.

24. 24. Exclusion and Special Admonitions of Financial Dealings

    Provider offers access to Service for the purpose of providing information or materials to User. Provider does not condone, nor suggest, that the information or materials accessed be used for financial purposes, especially those uses related to stock or equity trading, day trading, money exchange, gambling, betting, or any other manner of obtaining financial profits from an inappropriate or illegal use of Service.

25. 25. Third-Party Beneficiaries

    User acknowledges Provider has no responsibility for, or agreement with, any third party until and unless duly registered with Provider. There will be no third-party beneficiaries to this Agreement.

26. 26. Notice to User

    Provider may from time to time provide User with notices, including those related to changes in the TOS, via post, email, U.S. mail (regular or certified), or any other reliable medium readily accessible by User.

27. 27. Trademark Notice

    User acknowledges and agrees all logos, product and service names related to this Agreement and its TOS remain trademarks of Provider. Unless User receives express written prior authorization, User agrees not to display or publish logos, or product and service names, related to this Agreement.

28. 28. Claims of Copyright Infringement, Notice and Procedure

    Provider understands the illegality of intellectual property theft and will take strong action against Users found to have engaged in the theft or co-opting of another's intellectual property, including, but not limited to, original content, copyright, trademark or patent. When Provider learns of User's participation, whether alleged or real, Provider retains the absolute authority within its discretion to discontinue User's account. In the event of evidence of intellectual property theft, Provider should be notified promptly by a physical or digital writing containing:

    • A description of the copyrighted intellectual property claimed to be infringed; and
    • A description of the location of the material claiming infringement; and
    • A contact address, telephone number, and email address of the reporting party; and
    • A statement claiming good-faith reliance on the information claimed to be infringed; and
    • A statement claiming a good-faith belief, founded upon reasonable investigation, that the intellectual property claimed to be infringed was not authorized to be used by its owner, agents, servants or employees, or by operation of law; and
    • A notarized statement made under penalty of perjury by the claimant that the above information is accurate and that the claimant is the User or is otherwise authorized by User to make such claim.

    Notice may be given by contacting Provider's IP agent via email at support@premiumpress.com.

29. 29. General Information

    The information contained herein, including the Terms of Service, shall be considered the full and final agreement between User and Provider, and shall govern the use of Service and its access. There may be additional or modified Terms of Service upon the purchase or use of additional services provided by Provider. Such additions or modifications only apply upon the purchase of said services, affiliate services, third-party content, or third-party software.

30. 30. Choice of Law

    This Agreement and its Terms of Service, including the relationship between User and Provider, and User and Service, shall be governed by the laws of the jurisdiction chosen by Provider, without regard to any principles of conflicts of law. User and Provider agree to submit to the personal and exclusive jurisdiction of the courts sitting in and for Hong Kong.

31. 31. Waiver and Severability

    Provider's failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of that right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree the court should endeavor to give effect to the parties' intentions as reflected in that provision. Court intervention on one provision shall not affect the applicability or legality of any other provisions of the Agreement and its Terms of Service.

32. 32. Survivorship and Transferability

    User understands and agrees there exist no rights of transferability for any provisions in the Agreement or its Terms of Service. User's account with Provider is non-transferable, and any rights to User's membership identification or the contents within User's account shall terminate upon User's death. Upon Provider's receipt of a copy of User's death certificate, User's account may be terminated and all contents within it deleted.

33. 33. Statute of Limitations

    Unless barred by operation of law, User waives any statute of limitations period within any jurisdiction where a claim against Provider may be filed. Any claim or cause of action against Provider shall be filed within one (1) year of the origin of said claim. Failure to file within one (1) year from the date of origin shall forever bar any party from claiming the authority to file such a claim.

34. 34. Contractual Effect of Agreement and Terms of Service Titles

    Any and all titles found above and centered over sections of this Agreement and its incorporated Terms of Service shall have no legal effect and are meant only to serve as an identifier of the subject matter which follows.