Terms of Site and Course offerings
Welcome to the Paul Ekman International PLC web site (the
"Site"). Your access to and use of the Site is subject to all
applicable laws and the following terms (the "Terms") pursuant to
this agreement. Your use of the Site means that you accept all of
the Terms; if you do not agree to the Terms, please do not access
or use the Site. Paul Ekman International PLC , its parent,
subsidiary and affiliated companies reserve the right, at their
sole discretion, to change, modify, add or remove any portion of
the Site or the Terms, in whole or in part, at any time. Changes to
these Terms are effective when posted, and your continued use of
the Site after any such changes is deemed acceptance thereof. You
must check back periodically and note any changes.
1. Trademarks and Copyrights.
The trademarks, trade names, logos, service marks and domain names
are registered and unregistered trademarks of Paul Ekman Group
LLC/Paul Ekman International PLC , Paul Ekman International PLC and
others. Except as noted elsewhere on the Site, nothing in this
agreement grants you any license or right to use any such
trademarks without the written permission of Paul Ekman Group
LLC/Paul Ekman International PLC , Paul Ekman International PLC or
other third party owner; and, you shall not grant any license or
right to any third party to use any such trademarks without the
written permission of Paul Ekman Group LLC/Paul Ekman International
PLC , Paul Ekman International PLC or other third party owner.
Further, you shall not republish, edit, transmit, distribute,
reproduce, create derivative works from, perform, upload, or post
in any way whatsoever, any materials from this Site (the
"Materials") without the prior written consent of Paul Ekman Group
LLC/Paul Ekman International PLC and Paul Ekman International
PLC. Please feel free to download or copy the Materials for
non-commercial, personal use only, provided that you retain all
copyright and other proprietary notices therein. If you use the
Materials for any other purpose or modify the Materials, or any
portion thereof, it shall be deemed an infringement of Paul Ekman
Group LLC/Paul Ekman International PLC 's and Paul Ekman
International PLC's copyrights and other proprietary rights. Be
advised that Paul Ekman Group LLC/Paul Ekman International
PLC and Paul Ekman International PLC aggressively protects
their intellectual property rights to the fullest extent of the
law. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE SITE, OR ANY
PORTION THEREOF, IS EXPRESSLY PROHIBITED, AND SUCH ACTIVITY MAY
RESULT IN SEVERE PENALTIES, AND VIOLATORS MAY BE PROSECUTED TO THE
MAXIMUM EXTENT POSSIBLE UNDER THE LAW. You may not use the
Materials on another networked computer environment or other web
site without prior written permission from Paul Ekman Group
LLC/Paul Ekman International PLC or Paul Ekman International
PLC. Paul Ekman Group LLC/Paul Ekman International PLC or
Paul Ekman International PLC does not warrant or represent that
your use of Materials will not infringe rights of third parties not
owned by or affiliated with Paul Ekman Group LLC/Paul Ekman
International PLC or Paul Ekman International PLC. Please
note that images of people or places displayed on the Site are
either Paul Ekman Group LLC/Paul Ekman International PLC 's or Paul
Ekman International PLC's property or used by Paul Ekman Group
LLC/Paul Ekman International PLC or Paul Ekman International
PLC with permission. Except as noted elsewhere on the Site, your
use of these images is strictly prohibited without the prior
written permission of Paul Ekman Group LLC/Paul Ekman International
PLC or Paul Ekman International PLC; any unauthorized use of
thereof may violate the laws of privacy and publicity, trademark,
copyright or other laws. If you book and attend any of the
courses offered on this site you understand and
accept that recording. transcribing or videotaping training
courses is strictly prohibited. All of the training material is
copyrighted and the owners of the copyright Paul Ekman Group LLC,
and the publishers Paul Ekman International PLC, claim exclusive
rights to the material, except for your sole use during interviews
and/or interrogations. You may not copy, re-publish, distribute,
reproduce, modify or recreate ant derivative works of any of the
materials provided in the course. By attending this and any other
training courses offered by Paul Ekman International PLC and its
licensed centres you agree to be bound by these terms and are
expected to take reasonable care of the materials supplied to you
to prevent abuse and breach of copyright. Breaches should be
notified to service@ekmaninternational.com.
2. Unsolicited Submissions.
Paul Ekman Group LLC/Paul Ekman International PLC /Paul Ekman
International PLC enjoys feedback from people like you on our
services and products, however, to avoid any misunderstandings if
your ideas are similar to those we have developed independently,
Paul Ekman Group LLC/Paul Ekman International PLC does not accept
or consider ideas, suggestions or creative materials other than
those Paul Ekman Group LLC/Paul Ekman International PLC
specifically requests. Please do not send us or transmit or post to
the Site any original creative materials such as screenplays,
character ideas, original artwork or stories. If you do transmit or
post any material or communication to the Site by electronic mail,
message boards, contests or otherwise, it will be deemed the
property of Paul Ekman Group LLC/Paul Ekman International PLC , and
may be used by Paul Ekman Group LLC/Paul Ekman International PLC
for any purpose at Paul Ekman Group LLC/Paul Ekman International
PLC 's sole discretion, including, but not limited to, disclosure,
broadcast, transmission, reproduction, posting and publication, as
well as in the manufacturing, marketing and development of products
using such information without compensation or further obligation
to you. Without limitation of the foregoing, Paul Ekman Group
LLC/Paul Ekman International PLC shall exclusively own all
rights to the submitted information, in perpetuity, throughout the
universe; in the event that Paul Ekman Group LLC/Paul Ekman
International PLC is legally prohibited from assuming
ownership of the submitted information, by merely sending the
information you grant Paul Ekman Group LLC/Paul Ekman International
PLC a perpetual, worldwide, non-exclusive, assignable,
royalty-free, irrevocable right to use, reproduce, publicly
perform, distribute, create derivative works of, publicly display,
digitally perform, make, have made, sell, offer for sale and import
such information in any media now known or hereafter developed, for
any purpose whatsoever, without compensation to you or any provider
of the information.
3. Software and U.S. Export Controls.
Paul Ekman Group LLC/Paul Ekman International PLC , at its sole
discretion, may make available to you certain software that may be
downloaded from this Site. If you download such software, the
software, including any data, files and images, are licensed to you
by Paul Ekman Group LLC/Paul Ekman International PLC . You agree
that Paul Ekman Group LLC/Paul Ekman International PLC
retains full and complete title to the software, and all
intellectual property rights therein. You may not sell,
disassemble, decompile, redistribute, reverse engineer, or
otherwise reduce the Software to a human-perceivable form. Be
advised that software from this Site is or may be subject to U.S.
Export Controls; and, no such software may be downloaded or
exported into (or to a national or resident of) Iraq, Libya, Cuba,
Syria, North Korea, Iran, or any other country to which the United
States has embargoed goods, or anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. If you download or use
the software, you represent and warrant that you are not located
in, under the control of, or a national or resident of any such
country or on any such list.
4. Conduct.
We want you and other users to enjoy accessing our Site. Thus, you
agree not to transmit or otherwise make available any virus, worm,
Trojan Horse, spyware, or any other computer file, code, or program
that may or is intended to damage or hijack the operation of any
hardware, software, or telecommunications equipment. You further
agree not to post, transmit, or otherwise make available any
unsolicited or unauthorized spam, chain letters, pyramid schemes,
advertising, promotional materials, or any other form of
solicitation. You shall not disrupt or interfere with the Site or
the servers or networks that provide the Site, or disobey any
procedures, policies or regulations of such networks. You are not
permitted to create a database by systematically downloading and
storing all or any of the content on the Site. You shall not use
any spider, robot, site search/retrieval application, or other
manual or automatic device or process to index, retrieve, "data
mine," or in any way reproduce or circumvent the navigational
structure or presentation of the Site or its contents, unless
otherwise permitted by Paul Ekman Group LLC/Paul Ekman
International PLC .
5. Paul Ekman Group LLC/Paul Ekman International PLC
Blog.
The Site may include Blogs, forums, bulletin boards, chats and
other areas where users can post and/or exchange information,
ideas, opinions, photographs, images, videos, creative works or any
other materials (collectively "Forums"). Paul Ekman Group LLC/Paul
Ekman International PLC does not control the material
delivered to Forums, and Paul Ekman Group LLC/Paul Ekman
International PLC has no obligation to monitor such Forums.
The messages do not necessarily reflect the views of Paul Ekman
Group LLC/Paul Ekman International PLC . In no event shall Paul
Ekman Group LLC/Paul Ekman International PLC assume or have
any responsibility or liability for any materials posted on Forums
or for any claims, damages or losses resulting from their use
and/or appearance on the Site. Paul Ekman Group LLC/Paul Ekman
International PLC reserves the right at all times to disclose
any information (including the identity of the persons providing
information or materials on its Forums) as necessary to satisfy any
law, regulation or governmental request. In addition, Paul Ekman
Group LLC/Paul Ekman International PLC reserves the right to
edit, refuse to post or to remove any information or materials, in
whole or in part, that in Paul Ekman Group LLC/Paul Ekman
International PLC 's sole discretion are tasteless, offensive,
objectionable or in violation of this agreement or Paul Ekman Group
LLC/Paul Ekman International PLC 's Privacy Policy. As a reminder,
if you do transmit or post any material or communication to the
Site by electronic mail, message boards, contests or otherwise, it
will be deemed the property of Paul Ekman Group LLC/Paul Ekman
International PLC , and may be used by Paul Ekman Group LLC/Paul
Ekman International PLC for any purpose at Paul Ekman Group
LLC/Paul Ekman International PLC 's sole discretion, including, but
not limited to, disclosure, broadcast, transmission, reproduction,
posting and publication, as well as in the manufacturing, marketing
and development of products using such information without
compensation or further obligation to you. Without limitation of
the foregoing, Paul Ekman Group LLC/Paul Ekman International
PLC shall exclusively own all rights to the submitted
information, in perpetuity, throughout the universe; in the event
that Paul Ekman Group LLC/Paul Ekman International PLC is
legally prohibited from assuming ownership of the submitted
information, by merely sending the information you grant Paul Ekman
Group LLC/Paul Ekman International PLC a perpetual,
worldwide, non-exclusive, assignable, royalty-free, irrevocable
right to use, reproduce, publicly perform, distribute, create
derivative works of, publicly display, digitally perform, make,
have made, sell, offer for sale and import such information in any
media now known or hereafter developed, for any purpose whatsoever,
without compensation to you or any provider of the information.
With your use of the Site, and in particular the Forums, you shall
not post or transmit any unlawful, threatening, abusive, libelous,
derogatory, defamatory, obscene, vulgar, pornographic, profane,
offensive or indecent information of any kind, including images and
language; post any message that solicits or promotes gambling or
engage in any gambling activity; post any hateful or harassing
messages, information or material; post, transmit or in any way
exploit any information, software or other material for commercial
purposes or which contains advertising, promotion or marketing; use
Forums for any illegal purposes (or to solicit any illegal act); or
use the Site to collect personally identifying information about
users of the Site Paul Ekman Group LLC/Paul Ekman International
PLC does not control the materials posted via the Site and
the Forums and therefore does not guarantee the accuracy, integrity
or quality of such materials. You understand that by using the Site
and the Forums, you may be exposed to content that is offensive or
objectionable. While using the Site, and Blog, you agree to comply
with all applicable laws, rules and regulations.
6. Links.
Paul Ekman Group LLC/Paul Ekman International PLC is not
necessarily affiliated with sites which may be linked to or from
the Site, may not have reviewed all such sites, and is not
responsible for their content. Links from the Site thereto are for
your convenience only, and does not imply that Paul Ekman Group
LLC/Paul Ekman International PLC endorses or accepts any
responsibility for the content on those third-party sites.
Furthermore, Paul Ekman Group LLC/Paul Ekman International
PLC is not responsible for the quality or delivery of the
products or services offered, accessed, obtained by or advertised
by such sites. As such, Paul Ekman Group LLC/Paul Ekman
International PLC shall not be responsible for any errors or
omissions or for the results obtained from the use of such
information contained in these sites. To the extent that these
sites collect personal information or postings from the end user,
be advised that in no event shall Paul Ekman Group LLC/Paul Ekman
International PLC assume or have any responsibility or
liability for the manner in which such information or postings are
exploited or for any claims, damages, or losses resulting from
their use and/or appearance on these sites. Under no circumstances
will Paul Ekman Group LLC/Paul Ekman International PLC be
liable for any direct, indirect, incidental, consequential or
special loss or other damage, whether arising from negligence,
breach of contract, defamation, infringement of copyright or other
intellectual property rights, caused by the exhibition,
distribution or exploitation of any information or content
contained within these sites. You agree that your access to them is
at your own risk.
9. Jurisdictional Issues.
Unless otherwise specified, the Site is controlled and operated by
Paul Ekman Group LLC/Paul Ekman International PLC from its
offices within the State of California, United States of
America/Manchester, England respectively, and is intended for use
across those territories, possessions and protectorates. Paul Ekman
Group LLC/Paul Ekman International PLC does not represent
that materials in the Site, including merchandise offered for sale
on the Site and their copyrights, trademarks, patents, and
licensing arrangements, are appropriate or available for use in
other locations and other countries. Users who choose to access and
use the Site from other locations do so on their own initiative and
are responsible for compliance with local laws, if applicable. Paul
Ekman Group LLC/Paul Ekman International PLC reserves the
right to limit the availability of the Site and/or the provision of
any service, program, or other product described thereon to any
person, jurisdiction or geographic area, at any time and in its
sole discretion, and to limit the quantities of any such service,
program, or other product that Paul Ekman Group LLC/Paul Ekman
International PLC provides. With respect to shipments of
merchandise to consumers, wherever they may reside, title to the
merchandise and risk of loss shall pass to the buyer upon delivery
of the merchandise to the common carrier.
10. Termination.
This agreement is effective until terminated by either party,
wherein you may terminate by ceasing all use of any of the Site,
and Paul Ekman Group LLC/Paul Ekman International PLC will
terminate immediately without notice if, in its sole discretion,
you fail to comply with any term herein. Upon termination, you may
not access or use the Site or any materials obtained from the Site
(unless and until you agree to be bound by the then-current
applicable Terms of Use). Paul Ekman Group LLC/Paul Ekman
International PLC may, in its sole discretion, immediately
deactivate and/or delete any or all information about and
concerning you, including your submitted contact information. You
understand and agree that Paul Ekman Group LLC/Paul Ekman
International PLC shall not have any liability to you or any
other person for any termination of your access to the Site and/or
the removal of your information. You agree that any provisions of
this agreement which, by their terms, ought to survive, including
but without limitation all sections related to the reservation of
rights in regard to Paul Ekman Group LLC/Paul Ekman International
PLC intellectual property, shall survive any termination of
this agreement.
11. Disclaimers.
While Paul Ekman Group LLC/Paul Ekman International PLC uses
reasonable efforts to include accurate and up to date information
in the Site, it makes no warranties or representations as to its
accuracy, nor does it assume liability or responsibility for any
errors or omissions in the content of the Site. THE SITE, THE SITE
MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES,
AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL
FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW, Paul Ekman Group LLC/Paul Ekman
International PLC DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Paul Ekman
Group LLC/Paul Ekman International PLC DOES NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THE SITE, THE SITE MATERIALS, ANY PRODUCT OR SERVICE
OBTAINED THROUGH THE SERVICES, OR THE SOFTWARE, IN TERMS OF THEIR
ACCURACY, CORRECTNESS, RELIABILITY, OR OTHERWISE. Paul Ekman Group
LLC/Paul Ekman International PLC DOES NOT WARRANT THAT THE
AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, THE SITE
MATERIALS, ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICES, OR
THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS OR THAT THE SITE, SITE MATERIALS, ANY PRODUCT OR SERVICE
OBTAINED THROUGH THE SERVICES, SOFTWARE OR SERVER DO NOT VIOLATE
ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. You
assume all risk of errors and/or omissions in the Site, including
the transmission or translation of information. You assume full
responsibility for implementing sufficient procedures and checks to
satisfy your requirements for the accuracy and suitability of the
Site, including the information provided thereon, and for
maintaining any means that you may require for the reconstruction
of lost data or subsequent manipulations or analyses of the
information provided hereunder. You acknowledge and agree that your
use of the Site, and any information sent or received in connection
therewith, may not be secure and may be intercepted by unauthorized
parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL
NECESSARY SERVICE, MAINTENANCE, REPAIR OR CORRECTION TO YOUR
COMPUTER SYSTEM OR OTHER PROPERTY. YOU ACKNOWLEDGE THAT YOU ARE
RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER
HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES,
AND ALL CHARGES RELATED THERETO. APPLICABLE LAW MAY NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. NO OPINION, ADVICE, OR STATEMENT OF Paul Ekman Group
LLC/Paul Ekman International PLC OR ITS PARENT, AFFILIATES,
SUPPLIERS, OR AGENTS, WHETHER MADE ON THE SITE, IN THE SERVICES,
SOFTWARE, OR OTHERWISE, SHALL CREATE ANY WARRANTY.
12. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL Paul Ekman Group LLC/Paul Ekman International PLC BE
LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES UNDER ANY CONTRACT, EQUITY, TORT (INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE, BREACH OF STATUATORY DUTY AND
STRICT LIABILITY) OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY
WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, THE SERVICES,
THE SOFTWARE, OR ANY PRODUCT OR SERVICE ADVERTISED ON OR PURCHASED
THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, Paul Ekman Group
LLC/Paul Ekman International PLC 'S REMOVAL OR DELETION OF ANY
MATERIALS SUBMITTED OR POSTED ON ITS SITE, EVEN IF Paul Ekman Group
LLC/Paul Ekman International PLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION
OF THE SITE, THE SERVICE, THE SOFTWARE, AND/OR CONTENT CONTAINED
WITHIN OR POSTED ON THE SITE IS TO STOP USING THE SITE, THE
SERVICE, AND/OR SOFTWARE, AS APPLICABLE. IN NO EVENT SHALL Paul
Ekman Group LLC/Paul Ekman International PLC 'S MAXIMUM LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN
CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
THIS SITE. IN NO EVENT SHALL YOU BE ENTITLED TO INJUNCTIVE OR OTHER
EQUITABLE RELIEF.
13. Indemnification.
You agree to indemnify, defend and hold Paul Ekman Group LLC/Paul
Ekman International PLC , our officers, directors, employees,
agents, licensors and representatives harmless from and against any
and all claims, damages, liability, losses, costs (including
reasonable attorneys' fees), or other expenses that arise directly
or indirectly out of or from your breach of this agreement, your
activities in connection with the Site and Forums, and/or any
allegation that any materials that you submit to Paul Ekman Group
LLC/Paul Ekman International PLC or transmit or post to the
Site infringe or otherwise violate the copyright, trademark, trade
secret, trade dress, patent or other intellectual property or other
rights of, or defame or violate the right of publicity or privacy
of, any third party. Paul Ekman Group LLC/Paul Ekman International
PLC reserves the right, at its own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate
with Paul Ekman Group LLC/Paul Ekman International PLC 's defense
of such claim.
14. Injunctive/Equitable Relief.
You acknowledge that any breach of this agreement or Paul Ekman
Group LLC/Paul Ekman International PLC 's Privacy Policy would
cause Paul Ekman Group LLC/Paul Ekman International PLC
irreparable injury, such that Paul Ekman Group LLC/Paul Ekman
International PLC would have no adequate remedy at law. You
agree that in the event of such breach, Paul Ekman Group LLC/Paul
Ekman International PLC shall be entitled to injunctive
relief in addition to any other remedies it may have at law or
equity, without the requirement of posting a bond.
15. Governing Law.
This agreement shall be governed by, construed and enforced in
accordance with the laws of the State of California, as it is
applied to agreements entered into and to be performed entirely
within such State. Any action you, any third party or Paul Ekman
Group LLC/Paul Ekman International PLC brings to enforce this
agreement or, in connection with, any matters related to this site
shall be brought only in either the state or Federal Courts located
in San Francisco, California, and you expressly consent to the
jurisdiction of said courts.
16. Miscellaneous.
If any provision of these terms shall be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. This is the entire
agreement between us relating to the subject matter herein and
supersedes any and all prior or contemporaneous written or oral
agreements between us. This agreement is not transferable,
assignable or sublicensable by you except with Paul Ekman Group
LLC/Paul Ekman International PLC 's prior written consent. No
waiver by either party of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or
default. Any heading, caption or paragraph title contained herein
is inserted only as a matter of convenience and in no way defines
or explains any paragraph or provision hereof.
January, 2011.