Responsibility of Contributors:
If you submit a review, comment on a blog, post material to promsie.com, post links on promsie.com, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using promsie.com, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines. By submitting Content to promsie.com for inclusion on your website, you grant promsie.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your blog. This license allows promsie.com to make publicly-posted content available to third parties selected by promsie.com (through the promsie.com Firehose, for example) so that these third parties can analyze and distribute (but not publicly display) your content through their services. Without limiting any of those representations or warranties, promsie.com has the right (though not the obligation) to, in promsie.com’s sole discretion, (i) refuse or remove any content that, in promsie.com’s reasonable opinion, violates any promsie.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of promsie.com to any individual or entity for any reason. promsie.com will have no obligation to provide a refund of any amounts previously paid.
1. Responsibility of Visitors.
promsie.com has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, promsie.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. promsie.com disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
2. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which promsie.com links, and that link to promsie.com. promsie.com does not have any control over those non-promsie.com websites, and is not responsible for their contents or their use. By linking to a non-promsie.com website, promsie.com does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. promsie.com disclaims any responsibility for any harm resulting from your use of non-promsie.com websites and webpages.
3. Intellectual Property.
This Agreement does not transfer from promsie.com to you any promsie.com or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with promsie.com. promsie.com, WordPress, promsie.com, the promsie.com logo, and all other trademarks, service marks, graphics and logos used in connection with promsie.com or our Services, are trademarks or registered trademarks of promsie.com or promsie.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any promsie.com or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
5. Disclaimer of Warranties.
Our Services are provided “as is.” promsie.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither promsie.com nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
6. Limitation of Liability.
In no event will promsie.com, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to promsie.com under this agreement during the twelve (12) month period prior to the cause of action. promsie.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
7. General Representation and Warranty.
You agree to indemnify and hold harmless promsie.com, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between promsie.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of promsie.com, or by the posting by promsie.com of a revised version. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; promsie.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.