PR Filter Terms of Service

1. Your relationship with RealWire

Your use of PRFilter provided by RealWire is subject to the terms of a legal agreement between you and RealWire. "RealWire" means RealWire Limited whose principal place of business is at Unit 1 Exchange Close, North Hykeham, Lincoln, LN6 3TR. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

2. Accepting the Terms

2.1 In order to use PRFilter, you must firstly agree to the Terms. You may not use PRFilter if you do not accept the Terms.

2.2 You can accept the Terms by:

• clicking to accept or agree to the Terms, where provided, or
• by actually using PRFilter. In this case, you understand and agree that RealWire will treat your use of PRFilter as acceptance of the Terms from that point onwards.

2.3 You may not use PRFilter and may not accept the Terms if (a) you are not of legal age to form a binding contract with RealWire, or (b) you are a person barred from receiving PRFilter under the laws of the United Kingdom or other countries including the country in which you are resident or from which you use PRFilter.

2.4 Before you continue, you should print off or save a local copy of the Terms for your records.

3. Provision of PRFilter by RealWire

3.1 RealWire is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of PRFilter which RealWire provides may change from time to time without prior notice to you.

3.2 As part of this continuing innovation, you acknowledge and agree that RealWire may stop (permanently or temporarily) providing PRFilter (or any features within PRFilter) to you or to users generally at RealWire's sole discretion, without prior notice to you. You may stop using PRFilter at any time. You do not need to specifically inform RealWire when you stop using PRFilter.

3.3 You acknowledge and agree that if RealWire disables access to your account, you may be prevented from accessing PRFilter, your account details or any files or other content which is contained in your account.

3.4 You acknowledge and agree that while RealWire may not currently have set a fixed upper limit on the number of transmissions you may send or receive through PRFilter or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by RealWire at any time, at RealWire's discretion.

4. Use of PRFilter by you

4.1 In order to access PRFilter you may be required to provide information about yourself (such as identification or contact details) as part of the registration process, or as part of your continued use of PRFilter. You agree that any registration information you give to RealWire will always be accurate, correct and up to date.

4.2 You agree to use PRFilter only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United Kingdom or other relevant countries).

4.3 You agree not to access (or attempt to access) any of PRFilter by any means other than through the interface that is provided by RealWire, unless you have been specifically allowed to do so in a separate agreement with RealWire.

4.4 You agree that you will not engage in any activity that interferes with or disrupts PRFilter (or the servers and networks which are connected to PRFilter).

4.5 Unless you have been specifically permitted to do so in a separate agreement with RealWire, you agree that you will not reproduce, duplicate, copy, sell, trade or resell PRFilter for any purpose.

4.6 You agree that you are solely responsible for (and that RealWire has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which RealWire may suffer) of any such breach.

5. Your passwords and account security

5.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access PRFilter.

5.2 Accordingly, you agree that you will be solely responsible to RealWire for all activities that occur under your account.

5.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify RealWire immediately via an email to feedback@prfilter.com

6. Privacy and your personal information

6.1 For information about RealWire's data protection practices, please read RealWire's privacy policy at www.realwire.com/sitePrivacyPolicy.asp. This policy explains how RealWire treats your personal information, and protects your privacy, when you use PRFilter.

6.2 You agree to the use of your data in accordance with RealWire's privacy policies.

7. Content in PRFilter

7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, PRFilter are the sole responsibility of the person from which such content originated. All such information is referred to below as the "Content".

7.2 You should be aware that Content presented to you as part of PRFilter, including but not limited to advertisements in PRFilter and sponsored Content within PRFilter may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by RealWire or by the owners of that Content, in a separate agreement.

7.3 RealWire reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

7.4 You understand that by using PRFilter you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use PRFilter at your own risk.

7.5 You agree that you are solely responsible for (and that RealWire has no responsibility to you or to any third party for) any Content that you create, transmit or display while using PRFilter and for the consequences of your actions (including any loss or damage which RealWire may suffer) by doing so.

8. Proprietary rights

8.1 You acknowledge and agree that RealWire (or RealWire's licensors) own all legal right, title and interest in and to PRFilter, including any intellectual property rights which subsist in PRFilter (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that PRFilter may contain information which is designated confidential by RealWireand that you shall not disclose such information without RealWire's prior written consent.

8.2 Unless you have agreed otherwise in writing with RealWire, nothing in the Terms gives you a right to use any of RealWire's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

8.3 Other than the limited license set forth in Section 11, RealWire acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, PRFilter, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with RealWire, you agree that you are responsible for protecting and enforcing those rights and that RealWire has no obligation to do so on your behalf.

8.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within PRFilter.

8.5 Unless you have been expressly authorised to do so in writing by RealWire, you agree that in using PRFilter, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

9. Licence from RealWire

9.1 RealWire gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by RealWire as part of PRFilter as provided to you by RealWire (referred to as the "Software" below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of PRFilter as provided by RealWire, in the manner permitted by the Terms.

9.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by RealWire, in writing.

9.3 Unless RealWire has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

10. Software updates

10.1 The Software which you use may automatically download and install updates from time to time from RealWire. These updates are designed to improve, enhance and further develop PRFilter and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit RealWire to deliver these to you) as part of your use of PRFilter.

11. Ending your relationship with RealWire

11.1 The Terms will continue to apply until terminated by either you or RealWire as set out below.

11.2 If you want to terminate your legal agreement with RealWire, you may do so by (a) notifying RealWire at any time and (b) closing your accounts for all of PRFilter which you use, where RealWire has made this option available to you. Your notice should be sent, in writing, to RealWire's address which is set out at the beginning of these Terms.

11.3 RealWire may at any time, terminate its legal agreement with you if:

• you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
• RealWire is required to do so by law (for example, where the provision of PRFilter to you is, or becomes, unlawful); or
• the partner with whom RealWire offered PRFilter to you has terminated its relationship with RealWire or ceased to offer PRFilter to you; or
• RealWire is transitioning to no longer providing PRFilter to users in the country in which you are resident or from which you use the service; or
• the provision of PRFilter to you by RealWire is, in RealWire's opinion, no longer commercially viable.

11.4 Nothing in this Section shall affect RealWire's rights regarding provision of Services under Section 4 of the Terms.

11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and RealWire have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

12. Exclusion of Warranties

12.1 PRFilter are provided "as is" and RealWire, its Subsidiaries and Affiliates, and its licensors give you no warranty with respect to them. 12.2 In particular, RealWire, its Subsidiaries and Affiliates, and licensors do not represent or warrant to you that:

• your use of PRFilter will meet your requirements,
• your use of PRFilter will be uninterrupted, timely, secure or free from error,
• any information obtained by you as a result of your use of PRFilter will be accurate or reliable, and
• that defects in the operation or functionality of any Software provided to you as part of PRFilter will be corrected.

12.3 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to PRFilter except to the extent that they are expressly set out in the Terms.

12.4 Nothing in the Terms shall affect those statutory rights which you are always entitled to as a consumer and that you cannot contractually agree to alter or waive.

13. Limitation of Liability

13.1 Nothing in these Terms shall exclude or limit RealWire's liability for losses which may not be lawfully excluded or limited by applicable law.

13.2 Subject to overall provision in paragraph 13.1 above, RealWire, its Subsidiaries and Affiliates, and its licensors shall not be liable to you for:

• any indirect or consequential losses which may be incurred by you. This shall include any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you;
• any loss or damage which may be incurred by you as a result of:
  • any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on PRFilter;
  • any changes which RealWire may make to PRFilter, or for any permanent or temporary cessation in the provision of PRFilter (or any features within PRFilter);
  • the deletion of, corruption of, or failure to store, any Content and other communications data maintained or transmitted by or through your use of PRFilter;
  • your failure to provide RealWire with accurate account information;
  • your failure to keep your password or account details secure and confidential;

13.3 The limitations on RealWire's liability to you in paragraph 13.2 above shall apply whether or not RealWire has been advised of or should have been aware of the possibility of any such losses arising.

14. Content

14.1 PRFilter includes hyperlinks to other web sites or content or resources. RealWire may have no control over any web sites or resources which are provided by companies or persons other than RealWire. Any links to third party websites from prfilter.com do not amount to any endorsement of that site by RealWire and any use of that site by you is at your own risk.

14.2 You acknowledge and agree that RealWire is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

14.3 You acknowledge and agree that RealWire is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

15. Changes to the Terms

15.1 RealWire may make changes to the Terms from time to time. When these changes are made, RealWire will make a new copy of the Universal Terms available app.prfilter.com/terms.

15.2 You understand and agree that if you use PRFilter after the date on which Terms, RealWire will treat your use as acceptance of the updated Terms..

16. General legal terms

16.1 Sometimes when you use PRFilter, you may (as a result of, or through your use of PRFilter) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

16.2 The Terms constitute the whole legal agreement between you and RealWire and govern your use of PRFilter (but excluding any services which RealWire may provide to you under a separate written agreement), and completely replace any prior agreements between you and RealWire in relation to PRFilter.

16.3 You agree that RealWire may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on PRFilter.

16.4 You agree that if RealWire does not exercise or enforce any legal right or remedy which is contained in the Terms (or which RealWire has the benefit of under any applicable law), this will not be taken to be a formal waiver of RealWire's rights and that those rights or remedies will still be available to RealWire.

16.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

16.6 You acknowledge and agree that each member of the group of companies of which RealWire is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.

16.7 The Terms, and your relationship with RealWire under the Terms, shall be governed by English law. You and RealWire agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that RealWire shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

11 November 2010