Promarketer General User Terms
Effective date: 7th Dec 2018
Welcome to Promarketer.io
Please read on to learn the rules and restrictions that govern your use of our websites, products, services and applications. If you have any questions, comments or concerns regarding these General User Terms please contact us [email protected]
Promarketer is owned and operated by Promarketer Ltd, a company registered in England with Company Reg No. 11241539 whose Registered Office is at 3, 28 Medina Villas, Hove, E.Sussex. BN32RN, United Kingdom.
These General User Terms (“the Terms”) are a binding contract between Promarketer.io (“we” and “us”) and all users of Promarketer Sites and Services (“Sites or Service”) as a condition of accessing and using those Sites and Services.
Users to whom these General User Terms apply may include, without limitation: potential software buyers, software vendors, software reviewers, industry insiders and media relations professionals (each a “User” or “You”).
By accessing or using the Site or Service in any way, you agree to and accept all of the Terms. The Terms will remain in effect at all times while you use the Site or Service or any data obtained through the Site or Service.
- Community Guidelines
We reserve the right to update or otherwise modify these General User Terms from time to time. You are responsible for checking these General User Terms periodically for changes and updates. Your use of the Sites and Services following posted changes and updates constitutes acceptance of such changes and updates.
(to the extent our Sites and Services require a User Account)
You must be at least 18 years old to register for a User Account and by registering for an account you are confirming that you are at least 18 years old. Your User Account may be terminated without warning if we have any reason to believe that you are under 18 years old.
When creating a User Account, you agree to
- (i) provide and keep current accurate and complete information about yourself and your company (“Registration Data”),
- (ii) maintain the confidentiality of your Account and log-in credentials, if applicable; and
- (iii) restrict access to all others.
Use of Promarketer
By accessing and using our Sites, you acknowledge that you are responsible for your actions and for all Content you post. You represent and warrant, to the best of your knowledge:
- That you have all necessary right, power and authority to enter into these General User Terms and to fulfil your contractual obligations hereunder;
- That any and all information you post or provide, including without limitation, as part of any registration or application or to gain access to the Sites or Services, is true, accurate and not misleading and that you will not allow any other person or entity to use your Account.
- That the information and User Content you upload, post, e-mail, transmit, or otherwise make available to us or on our Sites, including without limitation reviews, trademarks, logos and screenshots, is accurate and free of third party encumbrances;
- That you will, when posting User Content on our Sites, adhere to our Community Guidelines and bear all liability related to your submission of such User Content though our Sites and/or Services;
- That you will not post or otherwise provide User Content that is unlawful, tortious, malicious, defamatory, infringing, libellous, abusive, disparaging, pornographic, sexually explicit, obscene, invasive of another’s privacy, promotes illegal activities/conduct or violates any applicable laws or regulations.
- That you will not post or otherwise provide User Content that contains a software virus or any other code files or programs with the ability to interrupt, destroy, compromise, or otherwise limit the functionality of any computer software or hardware or telecommunications equipment;
- That you will not avoid, bypass, reverse engineer; interfere with, deactivate, impair, descramble or otherwise circumvent any technical measure implemented by us to administer and protect our Sites and Services;
- That you will not use any automated means or form or data scraping or data extraction to access, query, download or otherwise collect our Content or related information from our Site (except as expressly permitted by us) or otherwise without authorisation use or upload our Content; or create new links, reposts, or referrals through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers and data mining tools);
- That you will not duplicate, download, publish, modify or otherwise distribute our Content for any purpose other than your own individual use;
- That you will not collect or “harvest” from our Sites the personal information (“information”) of other Users without their consent for the purpose of transmitting unsolicited commercial mass mailings, “spamming”, or for any other unlawful purpose;
- That you will not access the Sites and Services by any means other than through interfaces expressly authorised by us and these General User Terms;
At our discretion, we may, but are not obliged to, monitor and terminate User activity on our Sites, and/or edit or remove User Content, which violates or otherwise fails to comply with these General User Terms.
We encourage those who desire to share their experience regarding a software product, service or vendor to submit reviews on our Site. You acknowledge and agree that we as the website operator are merely providing a platform for these user-generated reviews; and that as such reviews represent the opinions of the reviewers of those products, services or vendors and not those of us. Users may opt to post their review anonymously, but must submit sufficient information for Promarketer to verify their identity. While a reviewer may choose not to share personal information with the public, their identity is always verified by us before we permit their review to be published.
When submitting a software review, you (whether a software buyer, brand, vendor or reviewer), acknowledge and agree to adhere to our Community Guidelines. Our Community Guidelines set forth rules of play for users, reviewers and vendors. This includes the process for flagging reviews for investigation. As a neutral content platform, we will only remove reviews that, at our discretion, do not meet our guidelines. Our Community Guidelines further outline the protections we put in place to maintain high-quality, trusted reviews, as well as the respective rights of reviewers and vendors.
Intellectual Property Rights
Our Sites comprise Content created by us, our Partners and our Users. This section sets out the ownership and usage rights of each type of Content.
Our Sites and all intellectual property rights herein, including without limitation the vendor listing we create from publicly available or licensed Content, our Services and/or our domain names (collectively “Promarketer IP”) is the property of Promarketer, its Affiliates and/ or authorised licensors, and is protected by copyright, trademark and other intellectual property laws.
We grant to User a worldwide, revocable, royalty- free, non-exclusive license to use, view and download the Promarketer IP for User’s use in accordance with these General User Terms and applicable English and International copyright laws.
Except to the extent otherwise expressly permitted under copyright law, User will not copy, reproduce, modify, use, distribute, display, create derivative works of or otherwise exploit the Promarketer IP without the express written consent of Promarketer or the applicable copyright owner.
User certifies that User owns or has secured all necessary intellectual property rights in the Content that User uploads, posts, e-mails, transmits or otherwise makes available to us or on our Sites, including without limitation User Reviews (“User IP”) and User further agrees to be liable for all such User IP.
By posting User IP (including User Reviews) on our Sites or otherwise submitting to User IP to us, User grants to us, our Affiliates and Partners a perpetual, irrevocable, non-exclusive, royalty free and fully sub-licensable right to use, reproduce, modify, create derivative works of, publicly display, communicate and distribute (either electronically or via other media now known or hereafter devised) the User IP in the ordinary course of our business.
All intellectual property rights not expressly granted hereunder are expressly reserved to us.
Copyright Infringement Claims
Promarketer respect the intellectual property rights of others and will not tolerate infringing activity on its Sites. If you are a copyright owner or agent and believe your rights under applicable copyright laws are being infringed by us or another person or entity using our Sites or Services, please contact us at (insert details).
When you notify us you will need to:
- (i) provide your contact details
- (ii) identify the infringing content
- (iii) confirm that you own the copyright in the content and that its publication has not been authorised by you.
Following receipt of this notification, we will consider whether the content ought to be taken down.
Links To and From Other Websites
This Site contains links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any other website which you may access through this Site or any services that they provide. Without limiting the foregoing, these websites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice, statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. In addition, use of any such third party website or microsite may be subject to your acceptance of additional terms and conditions.
Representations and Warranties
User represents and warrants to the best of its knowledge:
- (i) that it has all necessary right, power and authority to enter into these General User Terms and to fulfil its contractual obligations hereunder,
- (ii) that the information that it uploads, posts, e-mails, transmits, or otherwise makes available to us on our Sites, including without limitation content, reviews, screenshots, is accurate and free of third party encumbrances;
- (iii) that it has not breached any third party rights, including without limitation: intellectual property, publicity or privacy, consumer protection, tort and product liability rights;
- (iv) that it complies with all applicable security standards and is free from any viruses, including without limitation malware and Trojan horses; and
- (v) that it complies with all applicable laws, statutes and regulations.
While we endeavour to ensure that the information on the Site is correct, we do not warrant the accuracy, completeness, currency and reliability of the material on the Site. Commentary and information is not intended to amount to advice and you should not rely on it without seeking independent advice for your circumstances. We may make changes to the material on the Site at any time without notice. The material on the Site may be out of date, and we make no commitment to update such material.
We will exercise all reasonable skill and care in providing the Site. Some materials and information on the Site are provided by third parties and therefore we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.
Due to the inherent risks in using the internet, we cannot guarantee that this Site will by uninterrupted or virus, error or bug free or that defect will be corrected.
Therefore, except as expressly provided in these General User Terms, the Site and all materials and information provided through it are provided on an “as is” basis without warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) and all other conditions, statements and warranties (including, but not limited, to any implied warranty of the fitness for purpose of the Site or that your use of the Site will not infringe the rights of any third party) are hereby excluded to the fullest amount permissible by law. Without limiting the foregoing, we make no warranty that the Site and all materials and information provided through it will meet your requirements. Therefore, we advise you to check any materials or information provided to you through the Site as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.
- death or personal injury caused by negligence; or
- any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you; or
- any liability which cannot be excluded or limited under applicable law.
To the fullest extent permitted by law Promarketer does not accept liability for
- any direct loss, claim or damage
- any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; or
- any loss of profit or loss of savings or loss or corruption of data (in each case whether direct or indirect), in each case whether based in contract or tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with
(i) any use of this Site or its contents or
(ii) any interruption, failure or delay in the use of or inability to use any component of the Site or service including, without limitation, any unavailability of the Site or services irrespective of the duration of any period of unavailability; or
(iii) any use or reliance upon any information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.
You agree, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect your computer equipment or any other property when using or browsing our Site. The downloading or other acquisition of any materials or information through the Site is done at your own discretion and risk and with your agreement that you will solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.
You agree to indemnify and hold Promarketer , its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including legal fees incurred, arising out of or in connection with any User Generated Content you post or share on or through the Site, your use of the Site or the service provided through the Site, your conduct in connection with the Site or service provided or with other users or the Site, or any violation of these General User Terms or any law or the rights of any third party.
Termination by Us
We reserve the right in our sole discretion, without penalty and at any time without notice, to modify or discontinue (temporary or permanently) User’s access to our Sites and Services, or any part thereof if we believe that User is violation these General User Terms. If User uses or attempts to use our Site and/or Services for any purpose that contravenes these General User Terms (including without limitation tampering, hacking, data scraping, modifying, or otherwise corrupting the security or functionality of our Sites and Services), User may also be subject to civil and criminal liability.
Termination for convenience
User may terminate its User Account at any time by sending an email request to [email protected] We will endeavour to remove your User Account within 5 (five) business days. While you still may be able to access certain portions of our Site and Services following termination of your Account, you will no longer have to the full functionality.
We may in our sole discretion terminate your User Account, or impose limits on or restrict your access to parts or all of our Sites and/or Services at any time, without notice or liability.
These General User Terms are governed by English law and both Promarketer and you agree to submit to the exclusive jurisdiction of the English courts in connection with the same.
Waiver & Severability
Our failure to act with respect to a breach of these General User Terms will not constitute a waiver and does not waive our right to act with respect to subsequent or similar breaches. If any of these General User Terms shall be deemed invalid, void, or for any reason unenforceable under applicable law, then that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision of these General User Terms.
These General User Terms do not create or infer any rights that are enforceable by any person who is not party to them.