TERMS OF USE
AGREEMENT TO OUR LEGAL TERMS
We www.theprome.com
We operate , as well as any other related products and services that refer or link to
these legal terms (the "Legal Terms") (collectively, the "Services").
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ("you"), and www.theprome.com concerning
your access to and use of the Services. You agree that by accessing the Services,
you have read, understood, and agreed to be bound by all of these Legal Terms. IF
YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by reference.
We reserve the right, in our sole discretion, to make changes or modifications to
these Legal Terms at any time and for any reason. We will alert you about any
changes by updating the "Last updated" date of these Legal Terms, and you waive
any right to receive specific notice of each such change. It is your responsibility to
periodically review these Legal Terms to stay informed of updates. You will be subject
to, and will be deemed to have been made aware of and to have accepted, the
changes in any revised Legal Terms by your continued use of the Services after the
date such revised Legal Terms are posted.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. SERVICES MANAGEMENT
8. TERM AND TERMINATION
9. MODIFICATIONS AND INTERRUPTIONS
10. GOVERNING LAW
11. DISPUTE RESOLUTION
12. CORRECTIONS
13. DISCLAIMER
14. LIMITATIONS OF LIABILITY
15. INDEMNIFICATION
16. USER DATA
17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
18. MISCELLANEOUS
Custom Branding
Hide “Powered by T
Customize Policy
Theme
Select "Create New Theme"
To create a c
upgrade. Pro
$15/month.
Dashboard
Consent Management
Policies
Privacy Policy
Cookie Policy
Terms and Conditions
EULA
Return Policy
Disclaimer
Shipping Policy
Acceptable Use Policy
Settings
Sharp (Default)
APPLY THEME
You have surpassed your 1 policy limit. Please upgrade to publish additional policies. Learn More
19. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution toor use by any person or entity in any jurisdiction or country where such distribution oruse would be contrary to law or regulation or which would subject us to anyregistration requirement within such jurisdiction or country. Accordingly, thosepersons who choose to access the Services from other locations do so on their owninitiative and are solely responsible for compliance with local laws, if and to the extentlocal laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services,including all source code, databases, functionality, software, website designs, audio,video, text, photographs, and graphics in the Services (collectively, the
"Content"
), aswell as the trademarks, service marks, and logos contained therein (the
"Marks"
).
Our Content and Marks are protected by copyright and trademark laws (and variousother intellectual property rights and unfair competition laws) and treaties in theUnited States and around the world.
The Content and Marks are provided in or through the Services
"AS IS"
for your
personal, non-commercial use or internal business purpose
only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the
"
PROHIBITEDACTIVITIES
"
section below, we grant you a non-exclusive, non-transferable,revocable
license
to:
access the Services; and
download or print a copy of any portion of the Content to which you haveproperly gained access.
solely for your
personal, non-commercial use or internal business purpose
.
Except as set out in this section or elsewhere in our Legal Terms, no part of theServices and no Content or Marks may be copied, reproduced, aggregated,republished, uploaded, posted, publicly displayed, encoded, translated, transmitted,distributed, sold, licensed, or otherwise exploited for any commercial purposewhatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set outin this section or elsewhere in our Legal Terms, please address your request to:
__________
. If we ever grant you the permission to post, reproduce, or publiclydisplay any part of our Services or Content, you must identify us as the owners orlicensors of the Services, Content, or Marks and ensure that any copyright orproprietary notice appears or is visible on posting, reproducing, or displaying ourContent.
We reserve all rights not expressly granted to you in and to the Services, Content,and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach ofour Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the
"
PROHIBITED ACTIVITIES
"
section carefully priorto using our Services to understand the (a) rights you give us and (b) obligations youhave when you post or upload any content through the Services.
Submissions:
By directly sending us any question, comment, suggestion, idea,feedback, or other information about the Services (
"Submissions"
), you agree toassign to us all intellectual property rights in such Submission. You agree that weshall own this Submission and be entitled to its unrestricted use and disseminationfor any lawful purpose, commercial or otherwise, without acknowledgment orcompensation to you.
You are responsible for what you post or upload:
By sending us Submissions
through any part of the Services
you:
confirm that you have read and agree with our
"
PROHIBITED ACTIVITIES
"
and will not post, send, publish, upload, or transmit through the Services anySubmission
that is illegal, harassing, hateful, harmful, defamatory, obscene,bullying, abusive, discriminatory, threatening to any person or group, sexuallyexplicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights toany such Submission
;
warrant that any such Submission
are original to you or that you have thenecessary rights and
licenses
to submit such Submissions
and that you havefull authority to grant us the above-mentioned rights in relation to yourSubmissions
; and
warrant and represent that your Submissions
do not constitute confidentialinformation.
You are solely responsible for your Submissions
and you expressly agree toreimburse us for any and all losses that we may suffer because of your breach of (a)this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3.
USER REPRESENTATIONS
By using the Services, you represent and warrant that:
(
1
) you have the legalcapacity and you agree to comply with these Legal Terms;
(
2
) you are not a minor inthe jurisdiction in which you reside
; (
3
) you will not access the Services throughautomated or non-human means, whether through a bot, script or otherwise; (
4
) youwill not use the Services for any illegal or
unauthorized
purpose; and (
5
) your use ofthe Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Services (or any portion thereof).
4.
PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which wemake the Services available. The Services may not be used in connection with anycommercial
endeavors
except those that are specifically endorsed or approved byus.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create orcompile, directly or indirectly, a collection, compilation, database, or directorywithout written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of theServices, including features that prevent or restrict the use or copying of anyContent or enforce limitations on the use of the Services and/or the Contentcontained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, orharm another person.
Make improper use of our support services or submit false reports of abuse ormisconduct.
Use the Services in a manner inconsistent with any applicable laws orregulations.
Engage in
unauthorized
framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses,or other material, including excessive use of capital letters and spamming(continuous posting of repetitive text), that interferes with any party’suninterrupted use and enjoyment of the Services or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenanceof the Services.
Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username ofanother user.
Upload or transmit (or attempt to upload or to transmit) any material that actsas a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (
"gifs"
), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or "pcms"
).
Interfere with, disrupt, or create an undue burden on the Services or thenetworks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agentsengaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent orrestrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP,HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, orreverse engineer any of the software comprising or in any way making up apart of the Services.
Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Services, or use or launch any
unauthorized
script or othersoftware.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any
unauthorized
use of the Services, including collecting usernamesand/or email addresses of users by electronic or other means for the purposeof sending unsolicited email, or creating user accounts by automated means orunder false
pretenses
.
Use the Services as part of any effort to compete with us or otherwise use theServices and/or the Content for any revenue-generating
endeavor
orcommercial enterprise.
5.
USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content.
We may provide youwith the opportunity to create, submit, post, display, transmit, perform, publish,distribute, or broadcast content and materials to us or on the Services, including butnot limited to text, writings, video, audio, photographs, graphics, comments,suggestions, or personal information or other material (collectively,
"Contributions"
).Contributions may be viewable by other users of the Services and through third-partywebsites.
When you create or make available any Contributions, you therebyrepresent and warrant that:
6.
CONTRIBUTION
LICENSE
You and Services agree that we may access, store, process, and use any informationand personal data that you provide
and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree thatwe can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership ofall of your Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Services.You are solely responsible for your Contributions to the Services and you expresslyagree to exonerate us from any and all responsibility and to refrain from any legalaction against us regarding your Contributions.
7.
SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violationsof these Legal Terms; (2) take appropriate legal action against anyone who, in oursole discretion, violates the law or these Legal Terms, including without limitation,reporting such user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, or disable (to theextent technologically feasible) any of your Contributions or any portion thereof; (4) inour sole discretion and without limitation, notice, or liability, to remove from theServices or otherwise disable all files and content that are excessive in size or are inany way burdensome to our systems; and (5) otherwise manage the Services in amanner designed to protect our rights and property and to facilitate the properfunctioning of the Services.
8.
TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services.WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE
OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDINGBLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON ORFOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGALTERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
ANY CONTENTOR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, INOUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowed name,or the name of any third party, even if you may be acting on behalf of the third party.In addition to terminating or suspending your account, we reserve the right to takeappropriate legal action, including without limitation pursuing civil, criminal, andinjunctive redress.
9.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our Services.
We will not be liable to you orany third party for any modification, price change, suspension, or discontinuance ofthe Services.
We cannot guarantee the Services will be available at all times. We may experiencehardware, software, or other problems or need to perform maintenance related to theServices, resulting in interruptions, delays, or errors. We reserve the right to change,revise, update, suspend, discontinue, or otherwise modify the Services at any time orfor any reason without notice to you. You agree that we have no liability whatsoeverfor any loss, damage, or inconvenience caused by your inability to access or use theServices during any downtime or discontinuance of the Services. Nothing in theseLegal Terms will be construed to obligate us to maintain and support the Services orto supply any corrections, updates, or releases in connection therewith.
10.
GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of
__________
.
__________
and yourself irrevocably consent that the courts of
__________
shall have exclusive jurisdiction to resolve any dispute which may arisein connection with these Legal Terms.
11.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claimrelated to these Legal Terms (each a
"Dispute" and collectively, the "Disputes"
)brought by either you or us (individually, a
"Party" and collectively, the "Parties"
), theParties agree to first attempt to negotiate any Dispute (except those Disputesexpressly provided below) informally for at least
__________
days before initiatingarbitration. Such informal negotiations commence upon written notice from one Partyto the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including anyquestion regarding its existence, validity, or termination, shall be referred to andfinally resolved by the International Commercial Arbitration Court under the EuropeanArbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rulesof this ICAC, which, as a result of referring to it, is considered as the part of thisclause. The number of arbitrators shall be
__________
. The seat, or legal place, orarbitration shall be
__________
. The language of the proceedings shall be
__________
. The governing law of these Legal Terms shall be substantive law of
__________
.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between theParties individually. To the full extent permitted by law, (a) no arbitration shall bejoined with any other proceeding; (b) there is no right or authority for any Dispute tobe arbitrated on a class-action basis or to
utilize
class action procedures; and (c)there is no right or authority for any Dispute to be brought in a purportedrepresentative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisionsconcerning informal negotiations binding arbitration: (a) any Disputes seeking toenforce or protect, or concerning the validity of, any of the intellectual property rightsof a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,invasion of privacy, or
unauthorized
use; and (c) any claim for injunctive relief. If thisprovision is found to be illegal or unenforceable, then neither Party will elect toarbitrate any Dispute falling within that portion of this provision found to be illegal orunenforceable and such Dispute shall be decided by a court of competent jurisdictionwithin the courts listed for jurisdiction above, and the Parties agree to submit to thepersonal jurisdiction of that court.
12.
CORRECTIONS
There may be information on the Services that contains typographical errors,inaccuracies, or omissions, including descriptions, pricing, availability, and variousother information. We reserve the right to correct any errors, inaccuracies, oromissions and to change or update the information on the Services at any time,without prior notice.
13.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TOTHE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THECONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THESERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FORANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ANDMATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THESERVICES, (3) ANY
UNAUTHORIZED
ACCESS TO OR USE OF OUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION ORCESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TOOR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORSOR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS ORDAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANYCONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIATHE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR INANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEENYOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ASWITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUMOR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT
ANDEXERCISE CAUTION WHERE APPROPRIATE.
14.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESSOF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO
THELESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
OR
.
CERTAIN USSTATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ONIMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAINDAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVEADDITIONAL RIGHTS.
15.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, and employees, fromand against any loss, damage, liability, claim, or demand, including reasonableattorneys’ fees and expenses, made by any third party due to or arising out of:
(
1
)use of the Services; (
2
) breach of these Legal Terms; (
3
) any breach of yourrepresentations and warranties set forth in these Legal Terms; (
4
) your violation ofthe rights of a third party, including but not limited to intellectual property rights; or (
5
)any overt harmful act toward any other user of the Services with whom youconnected via the Services. Notwithstanding the foregoing, we reserve the right, atyour expense, to assume the exclusive
defense
and control of any matter for whichyou are required to indemnify us, and you agree to cooperate, at your expense, withour
defense
of such claims. We will use reasonable efforts to notify you of any suchclaim, action, or proceeding which is subject to this indemnification upon becomingaware of it.
16.
USER DATA
We will maintain certain data that you transmit to the Services for the purpose ofmanaging the performance of the Services, as well as data relating to your use of theServices. Although we perform regular routine backups of data, you are solelyresponsible for all data that you transmit or that relates to any activity you haveundertaken using the Services. You agree that we shall have no liability to you forany loss or corruption of any such data, and you hereby waive any right of actionagainst us arising from any such loss or corruption of such data.
17.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electronic communications, andyou agree that all agreements, notices, disclosures, and other communications weprovide to you electronically, via email and on the Services, satisfy any legalrequirement that such communication be in writing. YOU HEREBY AGREE TO THEUSE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHERRECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, ANDRECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THESERVICES. You hereby waive any rights or requirements under any statutes,regulations, rules, ordinances, or other laws in any jurisdiction which require anoriginal signature or delivery or retention of non-electronic records, or to payments orthe granting of credits by any means other than electronic means.
18.
MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Servicesor in respect to the Services constitute the entire agreement and understandingbetween you and us. Our failure to exercise or enforce any right or provision of theseLegal Terms shall not operate as a waiver of such right or provision. These LegalTerms operate to the fullest extent permissible by law. We may assign any or all ofour rights and obligations to others at any time. We shall not be responsible or liablefor any loss, damage, delay, or failure to act caused by any cause beyond ourreasonable control. If any provision or part of a provision of these Legal Terms isdetermined to be unlawful, void, or unenforceable, that provision or part of theprovision is deemed severable from these Legal Terms and does not affect thevalidity and enforceability of any remaining provisions. There is no joint venture,partnership, employment or agency relationship created between you and us as aresult of these Legal Terms or use of the Services. You agree that these Legal Termswill not be construed against us by virtue of having drafted them. You hereby waiveany and all
defenses
you may have based on the electronic form of these LegalTerms and the lack of signing by the parties hereto to execute these Legal Terms.
19.
CONTACT US
In order to resolve a complaint regarding the Services or to receive furtherinformation regarding use of the Services, please contact us at: www.theprome.com
