With respect to User Content you elect to post or transmit for inclusion in or on the Site, you grant Promotoservice.com, promotoservice.com and its affiliates and partners the perpetual, world-wide, royalty free, non-exclusive, sub-licensable license as follows: to use, reproduce, translate, alter, perform, display, modify, adapt, and publish such User Content, in whole or in part, in all present and future media and in any manner relating to the Site (including without limitation in connection with the appearance of such User Content on Promotoservice.com, promotoservice.com and on the sites of our affiliates, partners and others with whom Promotoservice.com, promotoservice.com may have business relationships relating to the Site) and the distribution and promotion of the Site. You further agree that Promotoservice.com, promotoservice.com is free to use any ideas, know-how, concepts, techniques or other materials you send us for any purpose.
Without limitation of any of the rights granted to Promotoservice.com, promotoservice.com herein, you acknowledge and agree that Promotoservice.com, promotoservice.com may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms And Conditions Of Use ; (c) respond to claims that any User Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Promotoservice.com, promotoservice.com, its users and the public.
4. Indemnity
You agree to indemnify and hold Promotoservice.com, promotoservice.com, its subsidiaries, affiliates, officers, agents, co-branders, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Site, your use of the Site, including your use of the Site to provide a link to another Site or to upload content or other information to the Site, or your violation of the Terms and Conditions of Use or any applicable laws or the rights of another.
5. Links and Search Results
The Site may provide links and automatically produce search results, or third parties may provide information, that reference or link to other World Wide Web sites or resources. Promotoservice.com, promotoservice.com has no control over such sites and resources, and you acknowledge and agree that Promotoservice.com, promotoservice.com is not responsible for the content or information contained therein. Promotoservice.com, promotoservice.com cannot and does not guarantee, represent, or warrant that the content or information contained in such third-party sites is accurate, legal and/or inoffensive. Promotoservice.com, promotoservice.com does not endorse the content or information of any third-party site or resource, and further does not warrant that such sites or resources will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that Promotoservice.com, promotoservice.com shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of, or reliance on, the Site to obtain search results and/or to link to another site. However, if you have a problem with a link from the Site, please let us know at Contact Us.
6. No Resale of Site
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site, without the express, prior written consent of Promotoservice.com, promotoservice.com in each instance.
7. Modifications to Site
Promotoservice.com, promotoservice.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Promotoservice.com, promotoservice.com shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.
8. Suspension and/or Termination Rights
Promotoservice.com, promotoservice.com reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate the Terms And Conditions Of Use, your registration for any program, your ability to access the Site, your ability to utilize any email services offered on the Site, and/or to remove any User Content, for any reason, including without limitation any breach by you of the Terms and Conditions of Use or conduct by you that Promotoservice.com, promotoservice.com determines to be inappropriate. You agree that Promotoservice.com, promotoservice.com shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.
9. Copyright Policy
Promotoservice.com, promotoservice.com understands and respects the importance of intellectual property.
10. Your Registration Obligations
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Promotoservice.com, promotoservice.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Promotoservice.com, promotoservice.com has the right to suspend, terminate, or refuse any and all current or future use of the Site (or any portion thereof).
11. Privacy Policy
We believe that your privacy and the privacy of all of our users is important. to which you hereby agree. Upon registering on the Site, you will be given an opportunity to "opt in" to receive mailings from Promotoservice.com, promotoservice.com and/or its partners by "checking" on a box in the registration form. If you submit the registration form with the box checked, you thereby consent to being placed on this mailing list. You may subsequently contact us to request to be removed from this list. (For purposes of the Terms And Conditions Of Use , "partners" includes, in addition to third parties with whom Promotoservice.com, promotoservice.com may have co-branding arrangements or some other business relationship or alliance, other Web sites incubated or funded by eCompanies, as such term is defined below.)
12. Back-Up
Promotoservice.com, promotoservice.com is not liable for any lost data resulting from the operation of our Site and/or the enforcement of the Terms and Conditions of Use(including without limitation content from any e-mail account hosted by Promotoservice.com, promotoservice.com), and is not obligated to maintain back-up copies of any contributed User Content or e-mail messages. We recommend that you retain a copy of all User Content that you post or distribute to, or through, the Site.
You understand and agree that Promotoservice.com, promotoservice.com may release information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.
13. Password and Security if used
You may receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Promotoservice.com, promotoservice.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Promotoservice.com, promotoservice.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Without limitation to the generality of the foregoing, due to the nature of Internet, computers, data flow, and other technical and economical practicalities, the Site, like most computer data and Internet applications, is vulnerable to various security issues and hence should be considered unsecured. By using the Site and the Internet in general, you may be subject to various risks, including, among others, eavesdropping, sniffing, spoofing, forgery, spamming, "imposturing", tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, system contamination including without limitation, viruses, worms, Trojan horses, causing unauthorized, damaging or harmful access and/or retrieval of information and data on your computer and other forms of activity that may even be considered unlawful. Information (including Registration Data, passwords and User Content) received or delivered or intended to be made available on and through the Site may be subject to these and other security or privacy hazards or may not reach its destination or reach an erroneous address or recipient. The Site is not different than other applications in this respect. Without limitation of the foregoing, although we take seriously the security of all member accounts and other personal and non-personal information associated with our visitors and participants, due to the open communication nature of the Internet, we can not guarantee that your account will be free from unauthorized access by third parties.
14. U.S. Export Controls
Promotoservice.com, promotoservice.com encourages users from around the world to use the Site. However, if you choose to use the Site, you understand, acknowledge and agree that your use of the Site is governed by the Terms and Conditions of Use and the laws and regulations of the United States regarding online conduct and acceptable content. If you use the Site in a jurisdiction that prohibits or restricts the use of the Site, you agree that your use of the Site will be at your own risk, without limitation of any other provision of the Terms and Conditions of Use, and that Promotoservice.com, promotoservice.com shall not have any liability with respect to such use. Software from this Site is subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
15. Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Site is at your sole risk. The Site, and its content, are delivered on an "as is" and "as available" basis. Promotoservice.com, promotoservice.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Promotoservice.com, promotoservice.com makes no warranty that the Site or any related services, such as email, links, or searches offered on the Site will be error-free, uninterrupted, timely, secure, or that it will provide specific results from use of the Site or any content, search or link therein. Promotoservice.com, promotoservice.com further cannot ensure that files you download from the Site will be free of viruses, Trojan horses, bugs, contamination, or destructive features.
Any material viewed, downloaded, or otherwise obtained through the use of the Site is done solely at your own discretion and risk, and Promotoservice.com, promotoservice.com will not be liable for any damages of any kind arising from the use of the Site, including, without limitation, direct, indirect, incidental, punitive, or consequential damages.
No advice or information, whether oral or written, obtained by you from Promotoservice.com, promotoservice.com or through or from the Site shall create any warranty not expressly stated in the Terms and Conditions of Use. Data and information relating to securities or otherwise is provided for informational purposes only, and is not intended for trading purposes. Neither Promotoservice.com, promotoservice.com nor any of its data or content providers shall be liable for any errors or delays in the content, or for any actions taken in reliance thereon.
16. Limitation of Liability
You expressly understand and agree that Promotoservice.com, promotoservice.com shall not be liable for any 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 Promotoservice.com, promotoservice.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Site; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Site; or (v) any other matter relating to the Site or the content thereon, including without limitation any user content posted thereon. In no event will Promotoservice.com, promotoservice.com be liable for any damages in excess of one hundred United State dollars ($100.00).
17. Exclusions and Limitations
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.
18. Miscellaneous
The Terms and Conditions of Use constitutes the entire agreement between you and Promotoservice.com, promotoservice.com and governs your use of the Site, superceding any prior agreements between you and Promotoservice.com, promotoservice.com. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
You agree that the Terms and Conditions of Use and the relationship between you and Promotoservice.com, promotoservice.com shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You agree to submit to personal and exclusive jurisdiction by and venue in the state and federal courts of the State of Oregon, County of Lann. The failure of Promotoservice.com, promotoservice.com to exercise or enforce any right or provision of the Terms and Conditions of Useshall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms And Conditions Of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.
