- Account Registration:
We require you register and create an account (“Account“) in order to make use of or access 241 Promo App. In creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving products or services under the laws of any applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself and establish a username and a password. You agree to provide accurate, current and complete information about your Account. We may suspend or terminate your Account if any information provided during the registration process or thereafter
proves to be incomplete, inaccurate, false or misleading. You are responsible for safeguarding your password that you use for your Account and for any activities or actions under your Account, whether or not you have authorized such activities or actions. We are not liable for any liability or damages due to a third party accessing your Account and/or obtaining access to any information provided by you in connection with your Account, or for any other loss or damage arising from your failure to comply with these requirements.
You shall not:
(a) upload, post, email or otherwise transmit
- any Content to which you do not have the lawful right to copy, transmit and display (including any Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the Content) or
- any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
(b) publish falsehoods or misrepresentations that could damage us, our business, any of our affiliates, partners, end users, or any third party;
(c) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or
(d) impersonate another person or entity. We do not endorse any Content, and we express no opinion, recommendation, or advice regarding the Content housed within our 241 Promo application or CMS.
We expressly disclaim any and all liability in connection with, and you agree to indemnify and hold us harmless from and against any claim, liability, obligation, damages, or fees (including reasonable attorneys’ fees) resulting from any Content supplied by you. We have absolute discretion to determine whether your Content is appropriate for use in our 241 Promo app and/or dashboard and any user guidelines published by us. We may remove any Content and/or terminate your access for
uploading objectionable Content, without prior notice and at our sole discretion. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing or otherwise making available Content or other materials that are believed to violate these Terms.
- Intellectual Property Rights:
The app and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you make take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from the App.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website or mobile application.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to firstname.lastname@example.org.
- Third Party Content:
Our 241 Promo app and website may display links to third party websites, resources, products, offerings and services not housed within 241 Promo app and/or managed or controlled by us (“Third Party Content“). We assume no responsibility for Third Party Content, and you are solely responsible for and assume all risk arising from your use, access, or reliance of any Third Party Content.
Specifically and without limitation, we shall not be responsible or liable for:
- the availability, accuracy, quality or reliability of such Third Party Content; or
- the information, products, or services available on or through such Third Party Content. Existence of any Third Party Content should not be interpreted as, and does not constitute, an endorsement by us of that Third Party Content, its publisher, or anything relating thereto.
6. Communication from you to 241 Promo App
6.1. With respect to all communications and submissions you make to 241 Promo App regarding the Website (or Content on the Website) or the Mobile Application, including but not limited to questions, comments, suggestions and other feedback, ideas, concepts, know-how, techniques, text, photographs, graphics, video or audio in any format, (“Communication”), 241 Promo App will use all reasonable endeavours to act in good faith. You acknowledge and agree that in the absence of written agreement by 241 Promo App:
- 241 Promo App shall have no obligation to protect your Communication from any disclosure;
- 241 Promo App is or may be from time to time investigating other ideas, creations, concepts, businesses and other forms of submission and may therefore be in discussions with third parties from which 241 Promo App may already have received or may from time to time receive proprietary information that is similar to your Communication, the subject matter of which is not related to or derived from your Communication;
- 241 Promo app shall be free to use, disclose, reproduce, modify, adapt, publish, translate, distribute and/or create derivative works from your Communication for the purposes of assessment and evaluation provided that such right is exercised at all times in good faith;
- 241 Promo App shall not be obliged to open, review or respond to any Communication;
- You grant to 241 Promo App a perpetual, irrevocable, royalty-free, non-exclusive sub licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your Communication worldwide and/or to incorporate your Communication in other works in any media now known or later developed to the full term of any rights that may exist in your Communication. If you do not wish to grant these rights please do not submit your Communication.
all Communication is your own original work or that you have in writing all necessary permissions, licenses, assignments, waivers and documentation required to make to allow 241 Promo App to receive and use the Communication as envisaged in these terms;
- You have the right to make it available to 241 Promo App for all purposes and to grant the rights granted by you under clause 3 and throughout these Terms;
- You are over 18 years old at the time of making all Communications or that you have submitted together with the communication written, verified parental consent.
- We welcome and encourage you to provide feedback, comments and suggestions for the Content, the Website and the Mobile Application (“Feedback”). You may submit Feedback by emailing us at email@example.com.
The Content, including any e-mail notifications and news updates, is intended for informational purposes only and does not in any case constitute a legally binding offer.
While 241 Promo endeavours to ensure that the Content is correct and current, 241 Promo App makes no express or implied condition, warranty, representation or undertaking as to its accuracy, reliability or completeness.
241 Promo app may make changes to the Content and the products, services and programs described on the Website or in the Mobile Application, at any time without notice. The Content may be out of date, and 241 Promo app makes no commitment to update such Content.
The Content is provided ’as is‘, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, 241 Promo App provides you with the Content on the basis that 241 Promo app excludes all representations, warranties, conditions and other terms (including, without limitation, conditions of satisfactory quality, fitness for purpose, the use of reasonable care and skill and any other conditions implied by law) which, but for this legal notice, might have effect in relation to the Website or the Mobile Application.
241 Promo app, and the officers, directors, employees, shareholders or agents of any of them (whether or not involved in creating, producing, maintaining or delivering the Website or the Mobile Application), exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party in connection with your access to, use of, inability to use or the results of use of the Website, the Mobile Application or your downloading or use of any Content, any websites linked to the Website, the Mobile Application or the material on such websites.
Without prejudice to the generality of clause, you agree that in no event shall 241 Promo be liable for:
- Any loss or series of related losses valued in excess of …..;
- Any direct, indirect, punitive, exemplary or consequential loss or damages;
- Any loss of reputation, income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption;
- Any loss or damage due to viruses that may infect your computer equipment, software, data or other property in connection with your access to, use of, inability to use or the results of use of the Website, the Mobile Application, or your downloading or use of any Content, any websites linked to the Website or the Mobile Application or the material on such websites.
We may suspend, disable or terminate your access to our mobile application and any of its features or functionalities, at our sole discretion and without prior notice to you, should you violate any of the terms hereof. We will not be liable to you or any third party for termination of your access or use. Suspension or termination will not affect any of your obligations under these Terms (including, without limitation, ownership, confidentiality, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension or termination.
These Terms represent the entire understanding and agreement between 241 Promo and you concerning your use of the Website, the Mobile Application and the Content.