Terms of Service
Welcome to Promtix.com! We are glad you have decided to
use our services. We look forward to your involvement with our site. Before you
begin delving into the vast services and content available on our site, please
take a moment to review these Terms of Services ("Terms" or
the "Agreement"). These Terms are an agreement between you and
Promtix.com. It is important that you understand both the benefits we provide
as well as our limitations.
Acceptance of Terms
When you log onto Promtix.com’s site, you
agree to these Terms. These Terms may be updated from time to time. We will
notify you of any significant updates by presenting you with an alert that
describes the changes. Your continued use of our services signifies your
acceptance of the changes. These Terms will always be available to users on
this page for you to read.
When using free services offered through Promtix.com's
third-party service providers, you will be subject to terms posted by these
third-party service providers. Also, by opting into third-party offers, you
will be subject to terms posted by these third-parties. Opting into these
offers signifies your agreement to those additional terms.
Age Restriction
The Promtix.com Site are not directed to children under
the age of 13. The Promtix.com Site prohibits the use by and will not knowingly collect personally identifiable
information from anyone under 13. This requirement will be posted at points of
data collection within the Promtix Site, such as registration for services.
About our Services.
A). Promtix.com Services. As a commitment to our
users, we currently provide you with access to a rich collection of online
resources. The services offered on the Promtix.com Site are presently provided
free of charge. It is possible that this could change in the future.
B). Service Limitations. We will do our best to
make your experience with the Promtix.com Sites a pleasurable one. However, we
cannot always foresee or anticipate technical or other difficulties. These difficulties
may result in loss of data, personalization settings or other service
interruptions. For this reason, you agree that Promtix.com's services,
including the services of our third party service providers, are provided
"AS IS." The Promtix.com Site and out third party service providers
cannot assume responsibility for the timeliness, deletion, miss-delivery or
failure to store any user data, communications or personalization settings.
C). Service Changes and Discontinuation.
Promtix.com reserves the right to change or discontinue, temporarily or
permanently, the Service at any time without notice. You agree that Promtix.com
will not be liable to You or any third party for any modification or
discontinuance of the Service.
D). Provide Accurate Information. You agree to
provide true, accurate, current and complete information about yourself as
requested in the Promtix.com Site. Accurate records help us create a better
site and provide us with opportunities to identify new services or products
that may interest you.
E). Obey the Law. You agree not to use the service
for illegal purposes or for the transmission of material that is unlawful,
harassing, libelous (untrue and damaging to others), invasive of another's
privacy, abusive, threatening, or obscene, or that infringes the copyrights
(rights of an owner of written material) or other intellectual property of
others.
F). Content Restrictions. The Promtix.com Site
attempts to provide some of the very best content available on the web and we
make it available to You on the Web for your personal, non-commercial use. All
Web site design, text, graphics, the selection and arrangement thereof, and all
software that are part of the Promtix.com Site are protected by international
copyright laws. The publication, sale, or redistribution in any
form or medium of text, photos, graphics, audio and/or video materials or any
other form of proprietary content found on the Promtix.com Site is strictly
prohibited without the prior written permission of Promtix.com. Content that is
publicly available on the Promtix.com Sites may not be stored in a computer,
except for personal and non-commercial use.
2. Rights You Grant to
Promtix.com Site
A). Promtix.com Advertising. The Promtix.com Site
relies on advertisers to help fund the services that we offer to our members.
In order to continue our free service, you agree that the Promtix.com Site may
display advertisements and promotions of all kinds in and with the services.
B). Account Access. In order to ensure that the
Promtix.com Site are able to provide high-quality services that are responsive
to members' needs, you agree that Promtix.com employees have access to your
account and records as reasonably needed to investigate complaints.
Disclaimer of Warranties. You expressly understand
and agree that:
Your use of the service is at your sole risk. The service
is provided on an "AS IS" and "AS AVAILABLE" basis.
Promtix.com and its third party service providers expressly disclaim all
warranties of any kind, whether express or implied, including, but not limited
to, the implied warranties of merchantability, fitness for a particular purpose
and non-infringement.
Promtix.com makes no warranty that (i) the Service will
meet your requirements, (ii) the Service will be uninterrupted, timely, secure,
or error-free, (iii) the results that may be obtained from the use of the
service will be accurate or reliable, (iv) the quality of any products,
services, information, or other material purchased or obtained by you through the
service will meet your expectations, (vi) any errors in the software will be
corrected.
Any material downloaded or otherwise obtained through the
use of the Service is done at your own discretion and risk, and you will be
solely responsible for any potential damage to your computer system or loss of
data that results from the download of any such material. No advice or
information, whether oral or written, obtained by you from the Promtix.com
Site, our third party service providers, or through or from the Service will
create any warranty not expressly stated in the terms.
Some jurisdictions do not allow the exclusion of certain
warranties or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations may not apply
to you.
To the extent that any part of this section is not
consistent with any other part of these terms, then this Disclaimer of
Warranties will override it.
Limitation of
Liability. You agree that the Promtix.com Site will not be liable for any
harms, which lawyers and courts often call direct, indirect, incidental,
special, consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other intangible losses
(even if the Promtix.com Sites have been advised of the possibility of such
damages), resulting from: (i) The use or the inability to use the service; (ii)
The cost of getting substitute goods and services resulting from any products,
data, information or services purchased or obtained or messages received or
transactions entered into through or from the service; (iii) Unauthorized
access to or alteration of your transmissions or data; (iv) Statements or
conduct of anyone on the service; or (v) Any other matter relating to the
service.
Indemnification. You agree to protect and fully
compensate the Promtix.com Site and their service providers from any and all
third-party claims, liability, damages, expenses and costs (including, but not
limited to, reasonable attorneys fees) arising from your use of the services,
your violation of the terms or your infringement, or infringement by any other
user of your account, of any intellectual property or other right of anyone.
The Promtix.com Site provides information of a general
nature and are designed for informational and entertainment purposes only.
Promtix.com’s rights under this Agreement may not be
waived unless Promtix.com agrees to such change in writing. This Agreement is
personal to you and you may assign this agreement only with Promtix.com's prior
written approval. Any other attempt to assign, transfer or delegate this
Agreement shall be null and void.
All matters relating to your access to, or use of, the
Service shall be governed by U.S. federal law or the laws of the State of New
York, excluding that body of laws known as conflicts of laws. If any provision
of this Agreement is invalid or unenforceable under applicable law, it is, to
that extent, deemed omitted and the remaining provisions will continue in full
force and effect. Any notices related to this agreement need to be given in
writing to one another at our address below, or any new address that is given
in such a notice. This agreement is the entire understanding between you and
the Promtix.com site about the services.
1. Payment Obligation and
Credit Card Authorization
Warranty
No warranty is made by Promtix.com regarding any
information, services, or products provided through or in connection with
our services, and Promtix.com hereby
expressly disclaims any and all warranties, including without limitation: any
warranties as to the availability, accuracy, or content of information,
products, or services; any warranties of merchantability for a particular purpose. Some
states/provinces do not allow the exclusion of implied warranties, so the above
exclusion may not apply to you.
The subscriber hereby warrants and represents that he
or she is in all respects is qualified and competent to enter into this
agreement.
Limitations of Liability
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA
ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY
ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE
TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
Use Restriction
Promtix.com spends a great deal of time and money to
obtain the information appearing on its web sites. Users agree that they will
not copy, publish, or in any way make available publicly any news, pictures,
interviews, features, or any other information from Promtix.com web sites,
without express written permission from Promtix.com. Additionally, reuse of
copyrighted information (pictures, interviews, features, videos, audio, etc.)
will be prosecuted to the fullest extent of the law.
Modifications
This agreement is subject to change by Promtix.com at any
time. We may modify any of the terms and conditions contained in this Agreement
at any time in our sole discretion. You will be notified by email where
reasonably possible and a change notice will be posted at www.Promtix.com. If
any modification is unacceptable to you, you agree that your only recourse is
to terminate this Agreement. Your continued use of the Service following our
posting of a change notice or new agreement on the Promtix.com Site will
constitute your binding acceptance of the change.
The Agreement
This Agreement is governed by the laws of the State of
New York, U.S.A., without regard to its conflicts of law provisions; and you
hereby consent to the jurisdiction of and venue in the federal and state courts
located in New York U.S.A. in all disputes arising out of or relating to the
Service. In addition, you hereby consent to the exclusive jurisdiction of and
venue in such courts for any action commenced by you against us (or our
affiliates). Use of the Service is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including
without limitation this Section. You shall not use the Service in any manner
contrary to local, state or federal law. Promtix.com expressly disclaims any
and all responsibility or liability for any action by you that is contrary to
such law(s) by you and reserves the right to terminate your Service immediately
upon notice for your failure to comply with any such local, state or federal
law. Our performance of this Agreement is subject to existing laws and legal
process, and nothing contained in this Agreement is in derogation of our right
to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Service or information provided to or gathered by
us with respect to such use. If any part of this Agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the Agreement shall continue in effect. This
Agreement constitutes the entire agreement between you and us with respect to
the Service and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you and us with respect
to the Service. A printed version of this Agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to this Agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form.
The agreement, Continued….
You
will not do the following:
· Defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights (such as rights of
privacy and publicity) of others.
· Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information.
· Upload files that
contain software or other material protected by intellectual property laws (or
by rights of privacy of publicity) unless you own or control the rights thereto
or have received all necessary consents.
· Upload files that
contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of another's computer.
· Advertise or offer to
sell any goods or services for any commercial purpose.
· Falsify or delete any
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a
file that is uploaded.