Terms and Conditions
The following terms and conditions govern all use of the peacockprmarketing.com website and all content, services, features, activities, and products available at or through the website, including, but not limited to, Peacock PR & Marketing, mobile sites, and applications (collectively, the “Services”). The Services are owned and operated by Peacock PR & Marketing, (“Peacock PR”, Peacock PR & Marketing, ‘’I’’ or “us” or “we”). Please carefully review these Terms of Service which, together with Peacock PR & Marketing’s Privacy Policy and Copyright or Intellectual Property Infringement Notification Policy, which policies are incorporated by reference herein in their entirety, constitute a legally binding agreement between you and Peacock PR & Marketing that conditions your use of the Services (this “Agreement”). By using or accessing the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use the Services. The Services are available only to individuals who are at least 16 years old.
Content on the Services
In General. Any opinions expressed by the contributors, authors, and moderators who post Content (as defined below) to Peacock PR & Marketing are the personal opinions of the authors, not of Peacock PR & Marketing, whether or not the authors are employees or contractors of Peacock PR & Marketing. The Content (as defined below) is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by Peacock PR & Marketing or any other party.
Ownership.
The Content on the Services is intended for your personal, non-commercial use only. Commercial use of any of the Content or Services is strictly prohibited. The Services and all materials published and/or distributed on or through the Services (including, but not limited to, news articles, photographs, images, illustrations, audio clips, and video clips) (collectively, the “Content”) are protected by copyright pursuant to U.S. and international copyright laws, and are owned or controlled by Peacock PR & Marketing or the party credited as the provider of the Content. You may not modify, publish, transmit, adapt, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit any of the Content in whole or in part, without the express written consent of Peacock PR & Marketing or the copyright owner identified in the copyright notice in the Content. You agree not to change or delete any proprietary notices that appear in the Content.
You may not use any Peacock PR & Marketing logo or proprietary graphic or trademark without Peacock PR & Marketing’s express written permission. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Services. As between the parties, title, ownership rights, and intellectual property rights in the Content and Services, and any copies or portions thereof, shall remain in Peacock PR & Marketing and/or its Content providers or licensors. Peacock PR & Marketing reserves any rights not expressly granted in this Agreement.
Limited License.
Subject to your strict compliance with this Agreement, Peacock PR & Marketing grants you a limited, revocable, non-transferable, non-assignable, and non-exclusive license to access, download (temporary storage only), display, view, use, play, and/or print the Content (excluding, for purposes of this Section, Content accessed through Peacock PR & Marketing Advanced Consulting and further excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) on a personal computer, mobile phone, or other wireless device, or other Internet-enabled device, for your personal non-commercial use only, subject to the restrictions set forth in this Agreement. The foregoing limited license (A) does not give you any ownership of, or any other intellectual property interest in, any Content, and (B) may be immediately suspended or terminated for any reason, at Peacock PR & Marketing’s sole discretion, and without advance notice or liability.
User-Generated Content
Prohibited Actions.
You are solely responsible for your communications on and your use of the Services. You agree not to do any of the following:
(A) post or transmit any libellous, defamatory, indecent, obscene, fraudulent, deceptive, abusive, or pornographic message, data, image, content, or program;
(B) post or transmit any message, data, image, Content, or program that would violate any property rights of others;
(C) use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(D) upload or download files that contain software, marks, logos, data, images, Content, or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law, unless you own or control the rights to such files or material, or have received all necessary consents;
(E) upload files that contain a virus or corrupted data;
(F) falsify the source or origin of software or other material contained in a file that you upload to the Services;
(G) falsely purport to be an employee or agent of Peacock PR & Marketing;
(H) act, in your use of the Services, in a manner that is contrary to applicable law or regulation; or
(I) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content.
Peacock PR & Marketing does not represent or endorse any materials you post on your sites or products. Peacock PR & Marketing does not review, cannot review, and is under no obligation to review the material that is using the Services provided.
Links to Third-Party Websites
The Services may contain links to websites operated by third parties (“Third-Party Websites”). Access to Third-Party Websites is at your own risk, and Peacock PR & Marketing is not responsible for the accuracy, availability, or reliability of any information, goods, data, opinions, advice, or statements made available on Third-Party Websites. These links may also lead to Third-Party Websites containing information that some people may find inappropriate or offensive. The inclusion of any links to Third-Party Websites on Peacock PR & Marketing does not imply an endorsement or recommendation by Peacock PR & Marketing. Peacock PR & Marketing is not responsible for any form of transmission received from any link nor is Peacock PR & Marketing responsible if any of these links are not working appropriately. Third-Party Websites are not under the control of Peacock PR & Marketing and Peacock PR & Marketing makes no representations or warranties of any kind regarding such Third-Party Websites. Peacock PR & Marketing shall have no liability for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Website. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with Third-Party Websites, and these Third-Party Websites are not governed by this Agreement.
Copyright or Intellectual Property Infringement Notification
If you believe in good faith that material or Content available on Peacock PR & Marketing infringes a copyright or other intellectual property right that you own or for which you are a beneficial owner or exclusive licensee, you are encouraged to notify Peacock PR & Marketing in accordance with Peacock PR & Marketing’s Copyright or Intellectual Property Infringement Notification Policy.
Operation of the Services
Peacock PR & Marketing reserves complete and sole discretion with respect to the operation of the Services. Peacock PR & Marketing may, among other things: (A) make available to third parties information relating to the Services and their users, subject to the Privacy Policy; and (B) withdraw, suspend, or discontinue any functionality or feature of the Services. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Peacock PR & Marketing may undertake from time to time; or (iii) causes beyond the control of Peacock PR & Marketing or which are not reasonably foreseeable by Peacock PR & Marketing.
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED BY PEACOCK PR & MARKETING ON AN “AS IS” BASIS. PEACOCK PR & MARKETING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SERVICES, INCLUDING THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY CONTENT ON THE SERVICES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PEACOCK PR & MARKETING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT ACCESS TO OR USE OF THE SERVICES WILL BE SECURE, ACCESSIBLE CONTINUOUSLY, UNINTERRUPTED OR ERROR-FREE. PEACOCK PR & MARKETING MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, LOSSES (INCLUDING LOSS OF DATA), OR THAT FILES AVAILABLE FOR DOWNLOAD FROM THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES AND, WHERE APPLICABLE, TERMINATE YOUR PREMIUM ACCOUNT. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NON BINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PEACOCK PR & MARKETING, ITS AFFILIATES, VENDORS, SUBCONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, OR ITS AGENTS BE LIABLE UNDER ANY THEORY OF LAW FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE USE OR INABILITY TO USE THE SERVICES, OR RESULTING FROM USE OF OR RELIANCE ON THE CONTENT, EVEN IF PEACOCK PR & MARKETING MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PEACOCK PR & MARKETING, ITS AFFILIATES, VENDORS, SUBCONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, AND ITS AGENTS' ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIMS FOR DAMAGES RELATED TO THIS AGREEMENT WHICH ARE MADE AGAINST THEM, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF CHARGES PAID BY YOU RELATIVE TO THE PERIOD OF OCCURRENCE OF THE EVENTS WHICH ARE THE BASIS OF THE CLAIMS, BUT SHALL UNDER NO CIRCUMSTANCES EXCEED THE AMOUNT EQUAL TO THE PAYMENTS MADE BY YOU OVER THE PRIOR TWELVE MONTHS.
The Services are controlled and offered by Peacock PR & Marketing from its facilities in Denmark, Europe. Peacock PR & Marketing makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
WAIVER AND RELEASE
YOU AGREE THAT NEITHER PEACOCK PR & MARKETING NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE PEACOCK PR & MARKETING SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT PEACOCK PR & MARKETING SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST PEACOCK PR & MARKETING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF PEACOCK PR & MARKETING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SERVICES.
Modifications / Termination
If you do not provide us with a valid email address to send you information concerning revisions or modifications to this Agreement, then you agree that you will not receive notice by email. If you change email accounts, it will be your responsibility to notify us of a new valid email address in order to receive email notice. We assume no responsibility for your failure to actually receive notice. It is your responsibility to review this page for possible modifications. If you do not agree with the revisions, you may choose to discontinue use of the Services.
Confidentiality
The parties shall maintain the confidential nature of the arbitration proceeding and the award, if any, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Dispositive Motions.
In any arbitration arising out of or related to this Agreement:
Any party wishing to make a dispositive motion shall first submit a brief letter (not exceeding five pages) explaining why the motion has merit and why it would speed the proceeding and make it more cost-effective. The other side shall have a brief period within which to respond. Based on the letters, the arbitrator will decide whether to proceed with more comprehensive briefing and argument on the proposed motion. If the arbitrator decides to go forward with the motion, he/she will place page limits on the briefs and set an accelerated schedule for the disposition of the motion. Under ordinary circumstances, the pendency of such a motion will not serve to stay any aspect of the arbitration or adjourn any pending deadlines.
Document Requests.
In any arbitration arising out of or related to this Agreement, requests for documents:
E-Discovery.
In any arbitration arising out of or related to this Agreement:
Interrogatories and Requests to Admit.
In any arbitration arising out of or related to this Agreement, there shall be no interrogatories or requests to admit.
Depositions.
In any arbitration arising out of or related to this Agreement, each side may take three (3) discovery depositions. Each side’s depositions are to consume no more than a total of fifteen (15) hours. The total period for the taking of depositions shall not exceed six (6) weeks.
Force Majeure
Neither Party is liable for any default, delay, or failure in the performance of any of its obligations under these Terms of Services (other than failure to make payments when due) caused directly or indirectly by circumstances beyond such Party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, acts of war or terrorism, pandemic, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such Party to perform its obligations hereunder.
Initially, the force majeure event or unforeseeable circumstance shall have the effect of suspending performance hereof.
If the force majeure event or unforeseeable circumstance lasts for more than three (3) months and unless the Parties agree otherwise, these Terms of Service shall be terminated automatically, without the need to seek a court ruling, serve formal notice or provide prior notice. In such event, the Parties shall not be held liable for the total or partial non-performance of their obligations hereunder.
Miscellaneous
Peacock PR & Marketing may terminate or suspend access to the Services immediately, without prior notice or liability, if you breach this Agreement or for any other reason. The failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. This Agreement is not assignable, transferable or sub-licensable by you except with Peacock PR & Marketing’s prior written consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind Peacock PR & Marketing in any respect whatsoever. The headings of the sections contained in this Agreement are for convenience only and shall not be deemed to control or affect the meaning or construction of any provision of this Agreement.
Complete Agreement
This Agreement, which incorporates Peacock PR & Marketing’s Privacy Policy and Copyright or Intellectual Property Infringement Notification Policy, constitutes the entire agreement between you and us relating to your access to and use of the Services and supersedes any prior or contemporaneous written or oral agreements, communications, or other understandings relating to the subject matter hereof (with the sole exception of any separate license agreements for Peacock PR & Marketing Advanced Consulting or Peacock PR & Marketing Advanced Consulting Content to which you are a party or beneficiary, which shall remain in full force and effect and which shall supplement the terms of this Agreement). This Agreement shall not be modified, either expressly or by implication, except as set forth above in Section 12. The provisions of this Agreement supersede all contemporaneous oral agreements and all prior oral and written communications and understandings of the Parties with respect to the subject matter of this Agreement.