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Privacy & Terms of Use

PRIVACY
Summary
We do not sell your information to a third party or knowing disclose it. All information shall be kept “strictly confidential” unless requested by owner.

Information Practices
PENNYAUCTIONREPORTS.ORG understands that security and privacy are important issues for visitors and user of our web site (the “Site”) and recognizes our obligations to keep your information secure and confidential. That is why we maintain the following standards to help protect information that personally identifies you. We may modify this Privacy Policy (the “Policy”) at any time, and, accordingly, we urge you to frequently review the Policy. We will always apply the Policy under which your information was collected, unless we obtain your prior consent. By using the Site and providing us with your personally identifiable information, you consent to our use of such information as described in this Policy.

Collection of Information
You may be asked to voluntarily provide your name, address, phone number, email address or other personally identifiable information (“Personal Information”) to have access to some features of the Site. You may always refuse to provide your Personal Information, and this may lead to our inability to provide you with certain offerings, services or products. We may also collect information that is anonymous, such as your IP address (a number used to identify your computer on the Internet) or the type of browser you are using (“Anonymous Information”), through the use of cookies or by other means. We hope that, by using Anonymous Information, we can update the site to make it more useful to you and other users. We reserve the right to maintain, update, disclose or otherwise use Anonymous Information, without limitation.

Use of Information
PENNYAUCTIONREPORTS.OR uses your Personal Information for the following purposes: to process your requests; to administer and improve the Site and related services; to notify you of our offerings, services and products that maybe of interest to you; to provide Internet security; and to meet legal requirements. PENNYAUCTIONREPORTS.ORG may work with associated businesses which may perform certain functions on our behalf, such as sending email messages, managing data, processing credit card payments or providing services to users. These businesses have access to your Personal Information only to the extent necessary to perform these specific functions and may not use it for any other purpose.

Privacy of Children
PENNYAUCTIONREPORTS.ORG encourages parents and guardians to be aware of and participate in their children’s online activities. We strictly adhere to the Children’s Online Privacy Protection Act and will not knowingly collect, use or disclose Personal Information from any child under the age of 13 in any manner that violates this law.

Your Opportunity to Opt-out of Email Advertising

In the event you do not wish to receive promotional email from PAS (PENNY AUCTION SOFTWARE), follow the opt-out instructions contained within the body of any email message you receive.

Links
The Site may contain links to other sites on the Internet that are owned and operated by third parties. PENNYAUCTIONREPORTS.ORG does not endorse such sites and is not responsible for the collection or use of your Personal or Anonymous Information at any third party sites.

Security
We have policies and procedures in place to protect the privacy and confidentiality of your Personal Information that we collect and maintain. All Personal Information is stored on our secured servers, behind a firewall at a data center with access to data

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strictly controlled. Any unauthorized use of the Site may result in criminal and/or civil prosecution.

Terms Of Use

TERM OF USE & SCOPE FOR DEMO USER – DMS granted you the right to use our demo software for the sole purpose of sales demonstration. If your intention is the copy our product in any shape or form; you shall be held responsible by law.
IMPORTANT-READ CAREFULLY: This End User License Agreement (“Agreement”) sets forth the conditions by which PENNYAUCTIONREPORTS.ORG will make electronic access to the DMS PENNYAUCTIONREPORTS.ORG-owned licensed content and associated media, software, documentation, printed materials and electronic documentation contained in this package and/or made available to you via this Website (the “Licensed Content”), available to you (the “End User”). BY CLICKING THE “I ACCEPT” BUTTON AND/OR OPENING THIS PACKAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS CONDITIONS AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE USE OF THE LICENSED CONTENT.

1.0 SCOPE OF LICENSE

1.1 Licensed Content. The Licensed Content may contain portions of modifiable content (“Modifiable Content”) and content which may not be modified or otherwise altered by the End User (“Non-Modifiable Content”). For purposes of this Agreement, Modifiable Content and Non-Modifiable Content may be collectively referred to herein as the “Licensed Content.” All Licensed Content shall be considered Non-Modifiable Content, unless such Licensed Content is presented to the End User in a modifiable format and it is clearly indicated that modification of the Licensed Content is permitted.
1.2 Subject to the End User’s compliance with the terms and conditions of this Agreement, PENNYAUCTIONREPORTS.ORG hereby grants the End User, a nontransferable, non-exclusive, limited right to access and view a single copy of the Licensed Content on a single personal computer system for noncommercial, internal, personal use only. The End User shall not (i) reproduce, copy, modify (except in the case of Modifiable Content), distribute, display, transfer, sublicense, prepare derivative work(s) based on, sell, exchange, barter or transfer, rent, lease, loan, resell, or in any other manner exploit the Licensed Content; (ii) remove, obscure or alter any notice of DMS PENNYAUCTIONREPORTS.ORG’s intellectual property rights present on or in the License Content, including, but not limited to, copyright, trademark and/or patent notices; or (iii) disassemble, decompile, translate, reverse engineer or otherwise reduce the Licensed Content. PAS (PENNY AUCTION SOFTWARE)reserves the right to use a hardware lock device, license administration software, and/or a license authorization key to control access or password protection technology to the Licensed Content. The End User may not take any steps to avoid or defeat the purpose of such measures. Use of the Licensed Content without the relevant required lock device or authorization key is prohibited. UNDER NO CIRCUMSTANCES MAY NON-SALEABLE ITEMS PROVIDED TO YOU BY PAS (PENNY AUCTION SOFTWARE)(INCLUDING, WITHOUT LIMITATION, ANNOTATED INSTRUCTOR’S EDITIONS, SOLUTIONS MANUALS, INSTRUCTOR’S RESOURCE MATERIALS AND/OR TEST MATERIALS) BE SOLD, AUCTIONED, LICENSED OR OTHERWISE REDISTRIBUTED BY THE END USER.

2.0 TERMINATION
2.1 PENNYAUCTIONREPORTS.ORG may at any time (without prejudice to its other rights or remedies) immediately terminate this Agreement and/or suspend access to some or all of the Licensed Content, in the event that the End User does not comply with any of the terms and conditions of this Agreement. In the event of such termination by DMS PENNYAUCTIONREPORTS.ORG, the End User shall immediately return any and all copies of the Licensed Content to PENNYAUCTIONREPORTS.ORG

3.0 PROPRIETARY RIGHTS
3.1 The End User acknowledges that PENNYAUCTIONREPORTS.ORG owns all right, title and interest, including, but not limited to all copyright rights therein, in and to the Licensed Content, and that the End User shall not take any action inconsistent with such ownership. The Licensed Content is protected by U.S., Canadian and other applicable copyright laws and by international treaties, including the Berne Convention and the Universal Copyright Convention. Nothing contained in this Agreement shall be

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construed as granting the End User any ownership rights in or to the Licensed Content.
3.2 PENNYAUCTIONREPORTS.ORG reserves the right at any time to withdraw from the Licensed Content any item or part of an item for which it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright or is defamatory, unlawful or otherwise objectionable.

4.0 PROTECTION AND SECURITY

4.1 The End User shall use its best efforts and take all reasonable steps to safeguard its copy of the Licensed Content to ensure that no unauthorized reproduction, publication, disclosure, modification or distribution of the Licensed Content, in whole or in part, is made. To the extent that the End User becomes aware of any such unauthorized use of the Licensed Content, the End User shall immediately notify PENNYAUCTIONREPORTS.ORG. Notification of such violations may be made by sending an Email to info@digitalmarketingsolutions.com.

5.0 MISUSE OF THE LICENSED PRODUCT
5.1 In the event that the End User uses the Licensed Content in violation of this Agreement, PENNYAUCTIONREPORTS.ORG shall have the option of electing liquidated damages, which shall include all profits generated by the End User’s use of the Licensed Content plus interest computed at the maximum rate permitted by law and all legal fees and other expenses incurred by PENNYAUCTIONREPORTS.ORG in enforcing its rights, plus penalties.

6.0 FEDERAL GOVERNMENT CLIENTS
6.1 Except as expressly authorized by PENNYAUCTIONREPORTS.ORG, Federal Government clients obtain only the rights specified in this Agreement and no other rights. The Government acknowledges that (i) all software and related documentation incorporated in the Licensed Content is existing commercial computer software within the meaning of FAR 27.405(b)(2); and (2) all other data delivered in whatever form, is limited rights data within the meaning of FAR 27.401. The restrictions in this section are acceptable as consistent with the Government’s need for software and other data under this Agreement.

7.0 DISCLAIMER OF WARRANTIES AND LIABILITIES

7.1 Although PENNYAUCTIONREPORTS.ORG believes the Licensed Content to be reliable, PAS (PENNY AUCTION SOFTWARE)does not guarantee or warrant (i) any information or materials contained in or produced by the Licensed Content, (ii) the accuracy, completeness or reliability of the Licensed Content, or (iii) that the Licensed Content is free from errors or other material defects. THE LICENSED PRODUCT IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND AND PENNYAUCTIONREPORTS.ORGDISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS OR A PARTICULAR PURPOSE. IN NO EVENT SHALL PAS (PENNY AUCTION SOFTWARE)BE LIABLE FOR: INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING FOR LOST PROFITS, LOST DATA, OR OTHERWISE. IN NO EVENT SHALL DMS PENNYAUCTIONREPORTS.ORG’S AGGREGATE LIABILITY HEREUNDER, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE AMOUNT OF FEES PAID BY THE END USER HEREUNDER FOR THE LICENSE OF THE LICENSED CONTENT.

8.0 GENERAL
8.1 Entire Agreement. This Agreement shall constitute the entire Agreement between the Parties and supercedes all prior Agreements and understandings oral or written relating to the subject matter hereof.
8.2 Enhancements/Modifications of Licensed Content. From time to time, and in DMS PENNYAUCTIONREPORTS.ORG’s sole discretion, PAS (PENNY AUCTION SOFTWARE)may advise the End User of updates, upgrades, enhancements and/or improvements to the Licensed Content, and may permit the End User to access and use, subject to the terms and conditions of this Agreement, such modifications, upon payment of prices as may be established by DMS PENNYAUCTIONREPORTS.ORG. 8.3 No Export. The End User shall use the Licensed Content solely in the United States and shall not transfer or export, directly or indirectly, the Licensed Content outside the United States.
8.4 Severability. If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, the provision

shall be deemed omitted to the extent that it is invalid, illegal, or unenforceable. In such a case, the remainder of the Agreement shall be construed in a manner as to give greatest effect to the original intention of the parties hereto.
8.5 Waiver. The waiver of any right or failure of either party to exercise in any respect any right provided in this Agreement in any instance shall not be deemed to be a waiver of such right in the future

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or a waiver of any other right under this Agreement.
8.6 Choice of Law/Venue. This Agreement shall be interpreted, construed, and governed by and in accordance with the laws of the State of New York, applicable to contracts executed and to be wholly preformed therein, without regard to its principles governing conflicts of law. Each party agrees that any proceeding arising out of or relating to this Agreement or the breach or threatened breach of this Agreement may be commenced and prosecuted in a court in the State and County of New York. Each party consents and submits to the non-exclusive personal jurisdiction of any court in the State and County of New York in respect of any such proceeding.
8.7 Acknowledgment. By opening this package and/or by accessing the Licensed Content on this Website, THE END USER ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS THE LICENSED CONTENT AND RETURN THE LICENSED PRODUCT TO PENNYAUCTIONREPORTS.ORG(WITHIN 30 CALENDAR DAYS OF THE END USER’S PURCHASE) WITH PROOF OF PAYMENT.