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Petroleum Network Terms of Service Agreement
By clicking "Accept" you enter into a legally binding contract between you and Petroleum Network Limited and agree to be legally bound by all of the terms and conditions of this agreement.
General Agreement Note
When accessing, viewing, downloading or otherwise using Petroleum Network or any webpage or feature available through Petroleum Network (the Website), any information provided as part of the Petroleum Network services, or any related emails, or services (hereinafter collectively “ the “Services”), or by clicking “Join Petroleum Network” during the registration process, you agree to a legally binding agreement with Petroleum Network LLC, Office 300, 2500 CityWest Blvd, Houston, Texas 77042 United States (we/the Company”) based on the terms of this Petroleum Network User Agreement (“Agreement”) and become a Petroleum Network user (“User”).
If you are using Petroleum Network on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not wish to become a User, do not conclude the Agreement, do NOT click “Join Petroleum Network”.
By becoming a User, you agree that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.
1. User Obligations
You must adhere to applicable state/federal or national laws when using Petroleum Network and adhere to the following terms, which are incorporated into this Agreement.
1.1 Your acceptance of and compliance with the Terms and Conditions are conditions for your access to all services provided by Petroleum Network. As long as you comply with these Terms and Conditions, Petroleum Network grants you (“User”) a conditional, personal, non-exclusive, non-transferable, and revocable privilege to enter and use the Site.
2. Content
All of the services, , materials, information, features, , software, text, images, graphics, user interface, videos, photographs, trademarks, logos, artwork (“Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned exclusively by Petroleum Network or has been licensed to Petroleum Network for its use subject to the Terms and Conditions. As between User and Petroleum Network, all Content is owned by Petroleum Network and shall be deemed to constitute the intellectual property of Petroleum Network and, as such, is subject to all applicable intellectual property rights laws including but not limited to copyright and trademark laws.
3. Restrictions
Except as expressly provided in this Agreement, you shall not at any time, reproduce, copy, transmit, distribute, publish, upload, post, publicly display, incorporate into new works, alter, compile, translate or transmit in any way to any other computer, website or other medium or for any purpose, any part of the Content or the Site without Petroleum Network’s express prior written approval.
4.Exposure to viruses
You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, the Website or any Linked Website.
5. Content of profile
You are responsible for the content of your profile, messages, video and other materials you may upload to the Service or transmit to other members of the Service.
6. Interaction with members
You are responsible for your interaction with other members of the Service.
7. Negative covenants
You represent, warrant and covenant that:
(i) you will not disclose any information provided to you through the Service to anyone without the prior permission of the person who provided it to you;
(ii) you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights).
(iii) you will not transmit "spam," chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;
(iv) you will not use the Service or the Website for any unauthorised commercial purposes;
(v) you will not solicit or attempt to solicit any money from any member or other user of the Service or the Website;
(vi) you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications;
(vii) you will not post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware; and
(viii) you will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, URLs, or full names through your publicly posted information.
8. User Rights
8.1 Provided that you comply with all User obligations under the Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to collect data) to view information that we provide on Petroleum Network webpages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you.
9. Petroleum Network’s Obligations
The basis of Petroleum Network is to provide a service to facilitate professional networking among Users throughout the world.
9.1 Petroleum Network will continue to offer such services, we shall provide (and seek to update, improve and expand, in similar and different new ways) the Petroleum Network platform and service with the purpose of providing all users with professional networking connectivity. Petroleum Network may update, improve, discontinue and change at any time and at Petroleum Network sole discretion.
9.2 We grant you access Petroleum Network as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Petroleum Network, partially or entirely, or to charge and modify prices for Petroleum Network. All of these changes shall be effective upon their posting on our site or by email communication to you.
10. Petroleum Network’s Rights
We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Petroleum Network and all related items.
10.1 Petroleum Network reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, Petroleum Network has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
10.2 Petroleum Network may include or automatically produce links to third party web sites (“Third Party Sites”). Petroleum Network is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. Petroleum Network may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave Petroleum Network and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Petroleum Network or relating to any applications you use or install from the site.
10.3 You acknowledge and agree that we may send you important information and notices regarding the Service by email. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide 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 of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Petroleum Network, the Petroleum Network Affiliates, its Users and the public.
10.4 We may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.
10.5 You are solely responsible for your interactions with other members. Petroleum Network reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if Petroleum Network determines, in its sole discretion, that doing so is prudent.
11. License and warrant your submission
You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you agree by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty free right to Petroleum Network, to copy, prepare derivative works of, improve, distribute, publish, re move, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform in the event that any such information has changed since your registration with Petroleum Network and, if appropriate, you agree to make such modifications yourself to your profile.
11.1 Petroleum Network exercises no control or censorship over any content you or others submit to the Petroleum Network website. Petroleum Network has no obligation to verify the identity of any Users when they are connected to the site or to supervise the content that has been provided by Users. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform Petroleum Network at abuse@petroleumnework.com.
11.2 Before considering joining Petroleum Network, you must decide the extent to which you wish to disclose information about yourself to other Petroleum Network Users and to Petroleum Network.
12. Service Eligibility
As a user of Petroleum Network, you agree and warrant that you (i) are over the age of 18; (ii) have not previously been suspended or removed from Petroleum Network; (iii) are not a direct competitor of Petroleum Network; (v) do not have more than one Petroleum Network account at any given time. In addition, you must provide all equipment and software necessary to connect to Petroleum Network, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.
13. Membership
You may become a member of the Service free of charge. Free membership will only entitle you to participate in some of the features available as part of the Service. In order to access additional features, you must become a paying subscriber to the Service. Accordingly, your use of those additional features is conditional upon the payment of the relevant fees.
14. Subscription plans and fees
Subscription plans and their corresponding fees are located at the "Upgrade Membership" page. These subscription fees are subject to change, which changes will be posted on the page of the Website previously described. You acknowledge that there may be discrepancies in relation to subscription fees between jurisdictions, which discrepancies are reflective of costs applicable to a particular jurisdiction and other commercial conditions relevant to that jurisdiction.
14.1 Business Membership Services
14.2 If you have access to any of Petroleum Network’s Business Membership Services, this User Agreement applies to your use of such services.
15. User Account Security
You must keep your password secure: make sure you do not reveal your password, do not use other Users’ accounts and do not let others use your account; you are responsible for your account until you notify us of any account security breach (customerservice@petroleumnetwork.com), close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your Petroleum Network account or any information therein to another party or charging anyone for access to any portion of Petroleum Network, or any information therein.
16. Indemnity
You agree to indemnify and hold Petroleum Network, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
17. Information
17.1 Monitoring of information
To ensure that we provide the highest level of service and the safest online environment to Users, we reserve the right to monitor all profiles, messages, events, marketplace listings, job postings, videos, blogs, group comments and discussions to ensure that they conform to the requirements of this User Agreement.
17.2 Editing information
While we do not and cannot review every message or other material posted or sent by members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (all profiles, messages, events, marketplace listings, job postings, videos, blogs, group comments and discussions) that we, in our sole discretion, deem to breach this User Agreement or to be otherwise unacceptable.
18. Security of information
You agree that no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
19. Advertisements
Responsibility for the content of advertisements (if any) appearing on the Site (including hyperlinks to the advertisers own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertiser's product or service by the Company. Each advertiser is solely responsible for any representation made in connection with its advertisement.
20. Communication
The Company reserves the right to send electronic mail to you regarding changes or additions to the Service, or any products and services of the Company and its affiliated businesses.
21. Petroleum Network Blog
Petroleum Network may include blogs where you can post your observations and comments on designated topics. Petroleum Network cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service.
22. Petroleum Network Market Place
Any listings posted on the Petroleum Network Marketplace service and all transactions conducted in connection therewith are subject to and governed by these Terms of Use. If you use Petroleum Network Marketplace in any manner you are agreeing to abide by and be subject to these Terms of Use. These Terms of Use are subject to change without prior notice at any time, in the Company's sole discretion. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of the goods or services purchased if applicable, and for the results and performance of any transaction or relationship entered into through the Petroleum Network Marketplace.
22.1 As a User, you acknowledge Petroleum Network is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by Petroleum Network applicable to Petroleum Network Marketplace are set forth on the Site, and all terms and conditions applicable to such fees are set forth in the Terms of Sale However, please note that the Terms of Sale do not apply to your purchases of products or services from third parties through Petroleum Network Marketplace, as those transactions are strictly between you and the other party to the transaction. ALL USE OF PETROLEUM NETWORK MARKETPLACE IS PROVIDED "AS IS" AND AT YOUR OWN RISK
23. Petroleum Network Jobs
Any jobs posted on the Petroleum Network Service and all transactions conducted in connection therewith are subject to and governed by these Terms of Use. If you use Petroleum Network Jobs in any manner you are agreeing to abide by and be subject to these Terms of Use. These Terms of Use are subject to change without prior notice at any time, in the Company's sole discretion. Parties to a transaction are solely responsible for all interactions with each other, for arranging for payment and the exchange of services purchased if applicable, and for the results and performance of any transaction or relationship entered into through Petroleum Network Jobs.
23.1 As a User, you acknowledge Petroleum Network is not responsible or liable for any action or inaction of any party to a transaction, for any failure to perform, to pay any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the transaction. Any fees or payments collected by Petroleum Network applicable to Petroleum Network Marketplace are set forth on the Site, and all terms and conditions applicable to such fees are set forth in the Terms of Sale However, please note that the Terms of Sale do not apply to your purchases of products or services from third parties through Petroleum Network Jobs, as those transactions are strictly between you and the other party to the transaction. ALL USE OF PETROLEUM NETWORK JOBS IS PROVIDED "AS IS" AND AT YOUR OWN RISK
24. Privacy
Please read our full Privacy Policy carefully, before deciding to become a User of Petroleum Network. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data.
25. Disclaimers & Limitation of Liability
25.1 No warranties as to accuracy
We do not make any representations or warranties that the material or information provided through the Service or on the Website (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by the Company or any member or any other person or entity) is reliable, accurate or complete or that your access to the Service or the Website will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Service or on the Website. You should make your own enquiries before acting or relying on any information or material which appears on the Website. You acknowledge that any reliance upon any such material or information shall be at your own risk.
25.2 No warranties as to availability
The Service is distributed on an "as is" basis. We do not warrant that the Service or the Website will be uninterrupted or error-free. There may be delays, omissions, and interruptions in the availability of the Service or the Website. Where permitted by law, you acknowledge that the Service (and the availability of the Website) is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.
25.3 Implied warranties excluded
To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:-
if the breach relates to Services:
i. the supply of the Services again; or
ii. the payment of the cost of having the Services supplied again.
26. No liability for loss
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service, the Website or any Linked Websites, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or the Website. For the avoidance of doubt and without limiting the generality of the foregoing:
(i) The Company does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of the Service or the Website or with any delay or inability to use the Service or the Website, or for any information, products and other services obtained through the Service or the Website, or otherwise arising out of the use of the Website, whether based under contract, negligence or other tort, strict liability or otherwise, even if the Company has been advised of the possibility of such damage;
(ii) The Company does not accept any responsibility or liability for any information or material which you submit to the Service or the Website nor do we accept any responsibility for any use or misuse of any information or material which you submit to the Service or the Website by other members or users;
(iii) The Company does not accept any responsibility or liability for the conduct of any member or other user of the Service, including without limitation any conduct which causes physical injury to any person.
27. Specific Warnings Regarding Business Networking
27.1 Risks
You acknowledge that there are risks involved in business networking, including without limitation, unknowingly dealing with persons acting under a false pretence or for a criminal purpose.
27.2 No warranty as to identity of member
The Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of the Service.
28. Termination
You may terminate your account with Petroleum Network at any time by clicking the ‘Close your account’ tab in ‘Account settings’.
28. You hereby expressly agree that Petroleum Network may terminate your account as follows:
(i) Petroleum Network may terminate your account for cause in its sole discretion and without prior notice. "Cause" within the meaning of the foregoing sentence shall include but not be limited to:
- any TOS violation;
- discontinuation or material modification of the Site or any service offered thereon;
- failure to pay for purchases;
- copyright infringement;
- requests by law enforcement or other government agencies.
(ii) Petroleum Network shall at all times remain entitled to terminate your account for any other reason which may or may not fall within the definition of "cause" above in its sole discretion.
(iii) Upon termination of your account hereunder, all of the operative provisions and definitions of this Agreement shall continue to remain in effect and shall continue to govern the interpretation of this Agreement and all rights and remedies accruing under this Agreement.
28.1 You hereby expressly agree that you shall not be entitled to seek any compensation from Petroleum Network or any third party for the termination of your account.
29. Governing Law and Arbitration
This Agreement is governed by the laws in force in Delaware, United States. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
30. General Terms
30.1 Severability
If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
30.2 Notices
We may notify you via postings on www.petroleumnetwork.com, and via email or any other communications means to contact information you provide to us. You may also notify us via email at legal@petroleumnetwork.com or via mail or courier at Legal, Petroleum Network LLC, Office 300, 2500 CityWest Blvd, Houston, Texas 77042, United States ; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
30.3 Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
30.4 Variation
We reserve the right to amend this User Agreement from time to time. Amendments will be effective immediately upon notification on the Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by this User Agreement as amended.
30.5 No waiver
If we waive any rights available to us under this User Agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
30.6 Assignment
You must not assign any of your rights under this Agreement or in respect of the Service or Website to any third party. The Company has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of the Company, in the event that Petroleum Network’s obligations under this Agreement are assumed by a third party, the Company shall be relieved of any and all liability under this Agreement.
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