TERMS OF USE

Your use of http://www.PM-LIVE.com (“PM-LIVE.com”) is expressly conditioned on your acceptance of and agreement to the following Terms of Use Agreement (the "Agreement"). This Agreement sets forth the terms and conditions which apply to your use of PM-LIVE.com and constitutes a legally binding agreement between you and Progress Media Group, LLC, PM-LIVE.com and its affiliated persons and entities (“Progress Media Group”). By using PM-LIVE.com, you agree to abide by this Agreement. In addition, when using specific services or entering contests or sweepstakes, you agree to abide by any guidelines or rules posted in connection with such services, contests or sweepstakes, including our Privacy Policy [Insert Hyperlink], all of which are hereby incorporated by reference into this Agreement. If you do not agree with any posted guidelines or rules, or with any part of this Agreement, you must not use this site. Progress Media Group, LLC reserves the right to modify this Agreement at any time. Your continued use of PM-LIVE.com following the posting of any changes to this Agreement means that you accept and agree to abide by such changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. If you do not comply with this Agreement at all times when using this site, Progress Media Group, LLC reserves the right to deny or restrict your access to PM-LIVE.com. The terms and conditions of this Agreement shall apply regardless of the means by which PM-LIVE.com was accessed, including, but not limited to, through the URL address, electronic mail, or links from other sites.

1. USE OF PM-LIVE.COM

You agree to use PM-LIVE.com only for purposes which are lawful in every country and jurisdiction in the world and all subdivisions thereof. Progress Media Group, LLC does not endorse the contents of any user of PM-LIVE.com (“User”) communications nor does it assume responsibility for any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, indecent, lewd, lascivious, filthy, excessively violent, offensive, or otherwise objectionable material contained therein, any infringement of third party intellectual property rights arising there from, or any crime facilitated thereby.
Any attempt to gain unauthorized access to Progress Media Group, LLC’s or PM-LIVE.com’s computer systems is prohibited. Not all areas of PM-LIVE.com may be available to you. You shall not interfere with any other User's use and enjoyment of PM-LIVE.com or another entity's use and enjoyment of similar services.

2. REGISTRATION

To access certain areas or features of this web site, you may be asked to register as a member of PM-LIVE.com and to provide PM-LIVE.com with certain information about yourself. Progress Media Group, LLC uses this information to improve this site and to create content that is more beneficial to our Users. Progress Media Group, LLC maintains the privacy of your information as set forth in our Privacy Policy [Insert Hyperlink]. You are responsible for providing true and accurate information about yourself on PM-LIVE.com as requested. If you provide any information that is untrue or inaccurate, or which Cheri Media Group reasonably believes is untrue or inaccurate, Progress Media Group, LLC reserves the right to suspend or terminate your membership. Progress Media Group, LLC may terminate your use of and registration at PM-LIVE.com at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Progress Media Group, LLC is not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name and password.

3. OWNERSHIP OF INTELLECTUAL PROPERTY

The contents of PM-LIVE.com, including all software, design, text, images, articles, photographs, illustrations, advertisements, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectible elements of PM-LIVE.com, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Content"), are the property of Progress Media Group, LLC, PM-LIVE.com, and their subsidiaries, affiliates, licensors, suppliers, operational service providers, advertisers, promotional partners, or sponsors, as applicable, and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. PM-LIVE.com and the Content is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on PM-LIVE.com, including notices on any Content you download, transmit, display, print or reproduce from PM-LIVE.com. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of Progress Media Group, LLC. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. Progress Media Group, LLC requires users to respect Progress Media Group, LLC’s copyrights, trademarks, and other intellectual property rights. Progress Media Group, LLC likewise respects the intellectual property of others. On notice, Progress Media Group, LLC will act expeditiously to remove content on PM-LIVE.com that infringes the copyright rights of others.

4. RULES OF CONDUCT FOR MESSAGE BOARDS AND CHAT ROOM

You are solely responsible for any and all Content posted by you on any PM-LIVE.com Message Board or Chat Room. You also are solely responsible for, and assume any and all risks associated with, reviewing, relying on and/or using any Content posted on Message Boards or Chat Rooms. Progress Media Group, LLC does not endorse, edit, verify, vouch for, or control any Content posted on this website by Users, and does not guarantee the accuracy, integrity, quality, completeness or appropriateness of any Content posted by Users. Users may be held legally liable for any Content posted to this web site, and may be held legally accountable if the Content they post include(s) material that infringes any patent, trademark, trade secret, copyright or any other intellectual property or the proprietary right(s) of any person or entity. Progress Media Group, LLC reserves the right to monitor any of its Message Boards and Chat Rooms at any time to ensure that these rules are being observed.

By using PM-LIVE.com Message Boards and/or Chat Rooms, you may be exposed to Content which is offensive, indecent or otherwise objectionable to you. Progress Media Group, LLC reserves the right to modify or remove anything submitted, posted, or uploaded to PM-LIVE.com, at any time for any reason without prior notice. Postings which violate this Agreement may be deleted upon discovery and Progress Media Group, LLC reserves the right to terminate or restrict access to this site of the responsible User(s). However, under no circumstances will Progress Media Group, LLC be liable for any errors, omissions, or offensive material contained in any Content posted by Users, or for any loss, liability, claim, damage, or expense (including reasonable attorney's fees) arising from or in connection with your use of any Content posted by any Users.

Progress Media Group, LLC may terminate any and all information, communication(s), and/or posting(s), at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out elsewhere on PM-LIVE.com. Progress Media Group, LLC may delete any and all information, communication(s), and/or posting(s) for online conduct that Progress Media Group, LLC believes is harmful to other Users, the business of Progress Media Group, LLC, its affiliates, or other third-party information providers. Postings do not reflect the views of Progress Media Group, LLC.

You agree to not to use PM-LIVE.com or its services to:

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (including, but not limited to, posting the private information of other parties);
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Progress Media Group, LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through PM-LIVE.com;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes in any way upon the rights of others, including without limitation, any patent, trademark, trade secret, copyright, right of privacy, right of publicity, or other proprietary rights ("Rights") of any party, including but not limited to “warez” (copyrighted software that is distributed illegally), “ MP3” files of copyrighted music, copyrighted photographs, text, video, or artwork;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or commercial solicitation of any kind whatsoever, including, without limitation, distribution of unsolicited e-mail using a PM-LIVE.com address or containing any references to PM-LIVE.com, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, including use of distribution lists with any person or entity who has not given specific permission to be included on such a list;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, corrupted data, files or programs, or any other harmful or damaging component designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of PM-LIVE.com are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt PM-LIVE.com or servers or networks connected to PM-LIVE.com, or disobey any requirements, procedures, policies or regulations of networks connected to PM-LIVE.com;
intentionally or unintentionally violate any applicable local, state, national or international law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
upload, post, email, transmit or otherwise make available any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature or intent, or that violates local, state, national, and/or international laws;
upload, post, email, transmit or otherwise make available any Content that promotes, encourages, or provides instructional information about any illegal activities or any material which encourages conduct that would violate any law or give rise to civil or criminal liability under any law. (including, but not limited to, "hacking," "cracking," or "phreaking");
upload, post, email, transmit or otherwise make available any hate propaganda or hate mongering, swearing, or fraudulent material or activity;
upload, post, email, transmit or otherwise make available any Content that advertises or promotes any product or service, solicits funds, advertisers or sponsors, or that Progress Media Group, LLC, in its sole discretion, deems inappropriate for its Message Boards and/or Chat Rooms;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through q above.
You acknowledge, consent and agree that Progress Media Group, LLC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of PM-LIVE.com, its Users and the public.
You understand that the technical processing and transmission of the services available on PM-LIVE.com, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the services available on PM-LIVE.com and software embodied within PM-LIVE.com may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Progress Media Group, LLC and/or content providers who provide content to PM-LIVE.com. You may not attempt to override or circumvent any of the usage rules embedded in PM-LIVE.com. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on PM-LIVE.com, in whole or in part, is strictly prohibited.

5. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

Progress Media Group, LLC does not claim ownership of Content you submit or make available for inclusion on PM-LIVE.com. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of PM-LIVE.com, you grant Progress Media Group, LLC a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on PM-LIVE.com for the purposes of providing and promoting the service to which such Content was submitted or made available, for the purpose for which such Content was submitted or to incorporate such Content into other works in any format or medium now known or later developed.

6. LINKS TO THIRD PARTIES AND ADVERTISERS

PM-LIVE.com contains hyperlinks to external locations (e.g., other web sites) controlled by third parties, including locations where the PM-LIVE.com logo or sponsorship identification appears as part of a co-branding or promotional arrangement. These links are provided solely as a convenience to you, and do not imply an endorsement by PM-LIVE.com or that any affiliation exists between PM-LIVE.com and the linked web site. You agree that Progress Media Group, LLC is not responsible for the availability of these external locations, or other content including, without limitation, solicitations thereon or products or services made available thereby. Progress Media Group, LLC has not necessarily reviewed, and does not necessarily endorse, Content at linked web sites, and is not responsible for such Content or for your use of such Content. You acknowledge that some external locations may contain material or communications which are unedited, untrue, or illegal in some jurisdictions or that may be offensive. You agree to access external locations at your own risk and not to permit minors to have access to inappropriate material. You agree that Progress Media Group, LLC shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any such external location. Any concerns regarding any external location should be directed to its respective website administrator, system operator, or web master.
>From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners as a result of your use of PM-LIVE.com. All such communication, interaction and participation is strictly and solely between you and such third parties and Progress Media Group, LLC shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

7. SUBMISSIONS

Progress Media Group, LLC does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Progress Media Group, LLC's professional staff seem to others to be similar to their own creative work. Accordingly, Progress Media Group, LLC requests that your comments relate to those services and products offered by PM-LIVE.com, and that you not submit any creative ideas, suggestions, or materials.
If, at the request of Progress Media Group, LLC, you send certain specific submissions (e.g., postings to chat rooms, message boards, or sweepstakes) or, without the request of Progress Media Group, LLC, you send Progress Media Group, LLC creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Progress Media Group, LLC. None of the Submissions shall be subject to any obligation of confidence on the part of Progress Media Group, LLC and Progress Media Group, LLC shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Progress Media Group, LLC shall exclusively own, and by sending your Submissions, you hereby exclusively grant to Progress Media Group, LLC, all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe, for use by all means, manners, methods and media, now known or hereafter devised, and Progress Media Group, LLC and its successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

8. DISCLAIMER

THE PM-LIVE.COM WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING AND/OR TRADE USAGE. PROGRESS MEDIA GROUP, LLC DOES NOT GUARANTEE OR WARRANT CONTINUOUS, UNINTERRUPTED OR ERROR-FREE ACCESS OR USAGE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE FOREGOING DISCLAIMER MAY NOT BE APPLICABLE IN FULL. THIS SECTION WILL BE ALLOWABLE TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
PROGRESS MEDIA GROUP, LLC DOES NOT MAKE ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, OR MAKE ANY REPRESENTATIONS REGARDING ANY CONTENT, INFORMATION, SERVICES, OR PRODUCTS OBTAINED OR PROVIDED THROUGH OR IN CONJUNCTION WITH PM-LIVE.COM. NEITHER CHERI MEDIA GROUP, NOR ITS AFFILIATES, THIRD PARTY INFORMATION PROVIDERS, NOR OTHER CONTENT PARTNERS MAKE ANY GUARANTEE REGARDING THE ACCURACY, CORRECTNESS, TIMELINESS, SEQUENCE, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT PROVIDED BY PROGRESS MEDIA GROUP, LLC. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PM-LIVE.COM IS DOWNLOADED AT THE USER'S OWN RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR, AND ASSUMES THE ENTIRE COST OF, ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY DAMAGE OR LOSS DUE TO CONTENT, DOWNLOADS OR ANY OTHER MATERIAL OR INFORMATION THE USER OBTAINS FROM PM-LIVE.COM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PM-LIVE.COM OR THROUGH OR FROM SERVICES PROVIDED BY PM-LIVE.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

9. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL CHERI MEDIA GROUP, ITS AFFILIATES, INFORMATION PROVIDERS, OR CONTENT PARTNERS, OR THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS OR LICENSORS (COLLECTIVELY, "THE PM-LIVE.COM PARTIES"), BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR ABSENSE OF AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE PM-LIVE.COM WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL ANY OF THE PM-LIVE.COM PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR USE OF, OR INABILITY TO USE, THE PM-LIVE.COM WEB SITE, OR THE CLAIMS OF THIRD PARTIES, INCLUDING USERS, HOWEVER CAUSED, UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), EVEN IF ANY PM-LIVE.COM PARTY HAS BEEN ADVISED OF (OR IF ANY PM-LIVE.COM PARTY IS AWARE OF OR SHOULD HAVE BEEN AWARE OF) THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, UNDER NO CIRCUMSTANCES AND IN NO EVENT WILL THE AGGREGATE LIABILITY OF ALL PM-LIVE.COM PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR RELATING TO USE OF, OR INABILITY TO USE, THE PM-LIVE WEBSITE, UNDER ANY LEGAL THEORY, EXCEED THE AMOUNT PAID BY THE USER, IF ANY, TO ACCESS THE PM-LIVE.COM WEBSITE.

10. INDEMNIFICATION

User agrees to indemnify and hold harmless, and at Progress Media Group, LLC’s request, defend the PM-LIVE.com Parties and their respective parent entities, subsidiaries, affiliates, partners, agents, employees, directors, officers, shareholders, members, and other owners, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, penalties, settlements, costs and expenses (including reasonable attorney's fees and costs) (hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of, are based on, or relate to: (i) your use of the PM-LIVE.com website; or (ii) any misrepresentation of any information, representation or warranty, or breach of this Agreement or any other covenant or agreement.
If any third party brings a claim, lawsuit, or other proceeding(s) against any PM-LIVE.com Party based on User's conduct or use of PM-LIVE.com's website or services, User agrees to compensate all PM-LIVE.com Parties (including their respective officers, directors, employees and agents) for any and all Losses in connection with any such claim, lawsuit or proceeding.

11. INDEPENDENT INVESTIGATION

Progress Media Group, LLC reserves the right to investigate suspected violations of the terms and conditions of this Agreement whenever Progress Media Group, LLC becomes aware of possible violations. Such an investigation may include gathering information from User and the complaining party and reviewing materials on PM-LIVE.com's servers. During an investigation, Progress Media Group, LLC may remove any and all disputed material from PM-LIVE.com's servers.
If Progress Media Group, LLC believes, in its sole discretion, that a violation of the terms or conditions of this Agreement has occurred, Progress Media Group, LLC may take any action it deems appropriate under the circumstances known to it, which may include removal of material from PM-LIVE.com's servers, warnings and/or suspension or termination of User account(s). Violations also could subject User to criminal or civil liability.

12. JURISDICTIONAL ISSUES

PM-LIVE.com is intended for use only by residents of the United States, its territories and possessions. PM-LIVE.com makes no representations or warranties that the Content of this web site is appropriate or lawful in any foreign countries, or that any items offered for sale on the web site will be available outside the United States. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

13. GOVERNING LAW

The formation, construction and interpretation of this Agreement shall in all respects be governed by and construed in accordance with the laws of the United States and the State of California, U.S.A., as such law applies to agreements between California residents entered into and wholly performed within California, without giving effect to any principles of conflicts of laws. This Agreement shall not be governed by the United Nations Conventions of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded from any interpretation of this Agreement. By using this site, you hereby consent to the exclusive personal jurisdiction and venue of the State and Federal Court of the State of California, U.S.A. It is hereby agreed that any action at law or in equity arising under this Agreement and/or your use of the PM-LIVE.com website shall be finally adjudicated or determined in any court or courts of the State of California or of the United States of America, in Los Angeles County, California, and the parties hereto hereby submit generally and unconditionally to the personal and exclusive jurisdiction and venue of these courts in respect to any such matter and consent to service of process by any means authorized by California law.

14. ACCEPTANCE

Your use of PM-LIVE.com constitutes acceptance of this Agreement. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and lack of signing or other form of electronic execution by the parties hereto. You agree to abide by the terms and conditions of this Agreement and any additional terms, conditions, rules or procedures imposed by Progress Media Group, LLC or by third party content providers in connection with third-party content, software or services available on, through or in connection with PM-LIVE.com.

15. AMENDMENTS

Progress Media Group, LLC reserves the right to automatically amend this Agreement at any time by posting the amended terms and conditions to this "Terms and Conditions of Use" section of the PM-LIVE.com web site. Such amendments will be effective when posted.

16. ACTS OF GOD

Progress Media Group, LLC shall be excused from its obligations for any period to the extent that Progress Media Group, LLC is prevented from performing, in whole or in part, its obligations under this Agreement, as a result of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s),regulations(s), order(s), or request(s) prove(s) to be invalid), Internet failure, equipment failure, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, foreign or domestic court order, third party non-performance (including the acts or omissions of any suppliers, agents, or subcontractors) or any other cause beyond Progress Media Group, LLC’s reasonable control affecting production or delivery in any manner, including failure or fluctuations in electrical power, heat, light, air conditioning or telecommunications equipment or lines or other equipment, whether electronic or otherwise.

17. WAIVER

Progress Media Group, LLC 's failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of Progress Media Group, LLC 's right to subsequently enforce such a provision or any other provision of this Agreement, nor will any delay or omission on the part of Cheri Media Group to exercise or take advantage of any right or remedy that Progress Media Group, LLC has or may have hereunder operate as a waiver of any right or remedy.

PM-LIVE Privacy Policy

PM-LIVE.COM is operated by or for Progress Media Group, LLC (“Progress Magazine”, “PM Magazine).  The following rules set forth Progress Media Group, LLC’s rights to collect and make use of certain information.

Collection and Use of Information :  In addition to any personally identifying information you may voluntarily provide during your visit to this website, Progress Media Group, LLC may recognize and record certain other information, including without limitation, your computer’s unique i.p. address, and/or any other information concerning your use of this website.  Progress Media Group, LLC reserves the right to use any information it collects at this website for any legal purpose, including without limitation by sending you information concerning future products, activities and/or promotions, and/or by sharing your information with third-parties in connection with certain promotions, products, programs and/or services.  You may contact us by mail at Progress Media Group, LLC, 6 Hopestill Street, Dorchester, MA 02124 to request that it remove your information from its promotional lists.

Cookies :  Progress Media Group, LLC reserves the right to use “cookies” at this website, by which one computer transaction may be related with a later one.  By way of example, cookies may be used to save passwords or preferences or otherwise keep track of website access.

Children :  No visitor to this website under 18 years of age may submit and/or post any information to this website without the consent of a parent or guardian. Notwithstanding the foregoing, Progress Media Group, LLC does not seek to collect any personally identifiable information of children under 13 years of age and no such information should be submitted and/or posted to this website.

California Privacy Rights :  Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask Progress Media Group, LLC for a notice identifying the categories of personal customer information which Progress Media Group, LLC shares with its affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties.  If you are a California resident and would like a copy of this notice, please submit a written request to the following address:  Progress Media Group, LLC, 6 Hopestill Street, Dorchester, MA 02124, Attn:  General Counsel.  In your request, please specify that you want a " Progress Media Group, LLC California Privacy Rights Notice," and allow thirty (30) days for a response.

LIMITATION ON LIABILITY :  UNDER NO CIRCUMSTANCE SHALL Progress Media Group, LLC, ANY OF ITS AFFILIATES (INCLUDING BY WAY OF COMMON OWNERSHIP), AND/OR ANY OF THEIR OWNERS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE AND/OR ANY OTHER LEGAL THEORY, ARISING IN ANY WAY FROM OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO ACCESS OR USE THIS WEBSITE.

Applicable Law :  The laws of the State of Massachusetts shall govern all matters relating to this website privacy policy, without giving effect to any principles of conflict of law.  By your use of this website, you irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Massachusetts with respect to resolution of disputes arising hereunder.
Policy Changes :  Progress Media Group, LLC reserves the right to change this policy, in whole or part, at any time in its sole and absolute discretion, without prior notice, effective upon providing the updated policy on this website.  If you have any questions concerning this policy, please submit your written questions to Progress Media Group, LLC, 6 Hopestill Street, Dorchester, MA 02124, Attn:  General Counsel.