Registration: All Users agree to fill out a
registration form. In filling it out, Users agree to
provide accurate and current information about themselves.
Please see the promosquad privacy policy for more detail.
Public Content: All areas of the Site are public
and not private communications. promosquad does not
endorse chat, postings, conferences and other communications
by Users, and such communications shall not be considered
reviewed, screened or approved by promosquad. Anytime
-- with the exception of private email -- Users upload
to, distribute content or publish through promosquad,
they grant promosquad the right to edit, copy, remove,
distribute, create derivative works from and publish
such content in any form and medium, whether electronically
or in hard copy, and whether alone or as part of a collective
work. Users shall retain, however, whatever other rights
they have in pre-owned elements of such content. Users
acknowledge that any information they post in publicly
accessible areas such as message boards and promosquad
chat can be seen and used by anybody. It is Users' responsibility
to protect themselves while on promosquad, as promosquad
is not liable for anything that occurs as a result of
voluntary communication of personal information.
Conduct: All information, data, text, music,
sound, photographs, video, messages or other content
-- whether publicly posted or privately transmitted
-- are the sole responsibility of the users from which
the content originated. This means that users are responsible
for all content that they upload, post, email or otherwise
transmit through the site. promosquad does not control
the content posted or sent through the site, therefore
we do not guarantee its quality, reliability or accuracy.
In participating on the site, users understand that
they may be exposed to content or users that they find
offensive. promosquad is not in any way liable for content.
promosquad staff can, whenever they see fit, edit or
delete any content displayed on, uploaded to, distributed
or otherwise published through the site. Users are entirely
responsible and liable for all of their activities on
the site. Listed below are some, but not all, violations
that may result in termination of a user's access to
the site. By using this site, users agree not to do
any of the following:
1. Upload, post, email or otherwise transmit
any content that is illegal. 2. Invade another user’s
privacy. This includes revealing another user's password,
phone number, address or any other personally identifiable
information. promosquad discourages users from revealing
their personal information to anyone they don’t know.
3. Create member names, or post or send messages that
denigrate, threaten, abuse or harm others on the basis
of race, culture, religion or sexual orientation. 4.
Harass, stalk or send unwanted messages. 5. Transmit
or solicit extremely sexually explicit messages, text
or photographs. 6. Impersonate another user or a member
of the promosquad staff. 7. Post or send messages that
tell other members how to potentially harm themselves
or others. 8. Post off topic messages. 9. Transmit unsolicited
messages that advertise or link to businesses, sites,
programs or other unauthorized commercial ventures.
This includes junk mail, spam, bulk mailings, unauthorized
promotional materials and pyramid schemes. 10. Forge
headers or otherwise change identifiers in order to
disguise the origin of any content transmitted through
promosquad’s service. 11. Upload, post, email or otherwise
transmit any content that they do not have a right to
transmit under any law or contractual relationship.
This includes proprietary and confidential information
learned as part of employment relationships or under
nondisclosure agreements, and any other inside information.
12. Transmit anything that violates any patent, trademark,
copyright or other proprietary rights of another party.
13. Upload, post, email, fax or otherwise transmit material
that contains software viruses or any other code, files
or programs designed to interrupt, destroy or limit
the functionality of any computer software, hardware
or equipment. 14. Intentionally alter or change promosquad
referral links in any way. 15. Attempt to use multiple
accounts or unauthorized forms of cheating the system
to receive more points. 16. Interfere with the site’s
servers or networks, or disobey any requirements, procedures,
policies or regulations of networks connected to promosquad.
17. Intentionally or unintentionally violate any applicable
local, state, national or international law. 18. Supply
unintelligible and/or unusable information, feedback, votes,
or comments to promosquad for the purpose of obtaining points and
prizes. This includes repeated similar ratings and/or comments,
running scripts, or any other pattern behavior that would indicate
at our sole discretion that a member is not providing useful feedback.
Failure to adhere to this rule will result in the removal of accumulated
points and prize orders from your account that our determined to have been
obtained in violation of these terms. 19. Record or distribute, by any
means, any audio from this site.
Links: The Site may contain hyperlinks
to Web sites operated by parties other than promosquad.
Such hyperlinks are provided for reference and convenience
only. promosquad does not control such Web sites, and
is not responsible for their content. Just because promosquad
has hyperlinks to such Web sites does not mean promosquad
endorses any of the material on such Web sites, or has
any association with their operators. Users further
acknowledge that use of any Web site controlled, owned
or operated by third parties is governed by the terms
and conditions of use for those Web sites, and not by
promosquad’s Terms of Use or Privacy Policy. Links to
external Web sites (including external Web sites that
are framed by promosquad) or inclusions of advertisements
do not constitute an endorsement by promosquad of such
sites or the content, products, advertising or other
materials presented on such sites, but are for User's
convenience. Users access them at their own risk.
Intellectual Property Rights: All text,
graphics, editorial content, data, formatting, graphs,
HTML, look and feel, photographs, music, sounds, images,
software, videos, designs, typefaces and other content
(collectively, "Proprietary Material") that Users see
or read on the Site is owned by promosquad or is used
with permission. This Proprietary Material is protected
in all forms, media and technologies now known or hereinafter
developed. promosquad owns all Proprietary Material
as well as the coordination, selection, arrangement
and enhancement of such Proprietary Materials as a Collective
Work under the United States Copyright Act, as amended.
With the exception of uses allowed under the section
above called "Permitted Uses," Users may not copy, download,
use or re-transmit anything from the promosquad Site
without promosquad’s prior express written permission.
Furthermore, Users are not allowed to post or distribute
any material they do not own, or which they do not have
permission to use. Violation of this policy may result
in copyright, trademark or other intellectual property
rights violations, and subject Users to civil or criminal
penalties. In addition, the Site contains material protected
by the domestic and international laws of copyright,
patents or other proprietary rights and laws. Any use
of such Proprietary Material, other than as permitted
herein, is expressly prohibited without the prior permission
of promosquad and/or the relevant right holder.
Notice of Trademark Rights: The service marks
and trademarks promosquad and the promosquad logo are
service marks owned by promosquad. Any other trademarks,
service marks, logos and/or trade names appearing on
the Site are the property of their respective owners.
Users acknowledge the rights of promosquad and the respective
third parties in those marks. Users may not copy or
use any of these marks, logos or trade names without
the prior written permission of the owner except as
expressly allowed by these Terms of Use.
Copyright Complaints and Copyright Agent: promosquad
respects the intellectual property of others, and asks
Users to do the same. promosquad is in compliance with
the Digital Millennium Copyright Act. In order to protect
intellectual property from misuse, we ask Users to help
us. If Users believe, in good faith, that any materials
on the Site infringe upon Users’ copyrights, please
provide promosquad 's Copyright Agent with the following
information:
1. An electronic or physical signature of the
owner of the copyright or of the person authorized to
act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim
has been infringed, including the URL (Internet address)
or other specific location on the Site where the material
that you claim is infringing is located. Include enough
information to allow promosquad to locate the material
and explain why you believe an infringement has taken
place; 3. A description of the location where the original
or an authorized copy of the copyrighted work exists
-- for example, the URL (Internet address) where it
is posted or the name of the book in which it has been
published; 4. Your address, telephone number and email
address; 5. A statement by you that you have a good
faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; and 6.
A statement by you, made under penalty of perjury, that
the information in your Notice is accurate, and that
you are the copyright owner or authorized to act on
the copyright owner's behalf. promosquad 's Copyright
Agent for Notice of claims of copyright infringement
can be reached as follows:
By email: info@promosquad.com
promosquad will terminate access to the
Site of those who engage in repeated acts of infringement.
Indemnification: By agreeing to these Terms
of Use, Users agree to indemnify, defend and hold harmless
promosquad, its directors, officers, employees, agents,
licensors, attorneys, independent contractors, providers,
subsidiaries and affiliates (collectively referred to
herein as "promosquad and Affiliates") from and against
any and all claim, loss, expense or demand of liability,
including attorneys' fees and costs incurred by promosquad
and Affiliates in connection with any claim by a third
party (including any intellectual property claim) arising
out of (i) materials and content Users submit, post
or transmit through the Site, or (ii) use of the Site
in violation of these Terms of Use or in violation of
any applicable law. Users further agree that they will
cooperate as reasonably required in the defense of any
such claims. promosquad and Affiliates reserve the right,
at their own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by Users, and Users shall not, in any event, settle
any such claim or matter without the written consent
of promosquad. Users further agree to hold harmless
promosquad and Affiliates from any claim arising from
a third party’s use of information or materials of any
kind that they post in a Public Area.
Disclaimer of Warranties: USER EXPRESSLY AGREES
THAT THE USE OF THE SITE IS AT USER'S SOLE RISK. NEITHER
PROMOSQUAD NOR ITS AFFILIATES OR LICENSORS WARRANT THAT
THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR
MERCHANDISE PROVIDED THROUGH THE SITE. THE SITE IS PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER COMPANY
NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS,
SEQUENCE, ACCURACY OR COMPLETENESS OF THE INFORMATION
APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES
AS TO THE RESULTS OF YOUR USE OF THE INFORMATION. PROMOSQUAD
AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE
OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
COMPANY AND AFFILIATES TAKE REASONABLE MEASURES TO ENSURE
THAT INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY
TO THOSE SPECIFIED BY USERS. PROMOSQUAD CANNOT AND DOES
NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION
ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED,
DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT
TO HOLD PROMOSQUAD ANY AND AFFILIATES LIABLE FOR ANY
LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY
SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION
OR USE OF INFORMATION PROVIDED THROUGH THE SITE. COMPANY
AND AFFILIATES ARE NOT AND SHALL NOT BE LIABLE FOR ANY
CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY
TO USE THE SITE
Limitation of Liabilities: IN NO EVENT WILL
PROMOSQUAD, ITS AFFILIATES, VENDORS, SUPPLIERS OR BUSINESS
PARTNERS BE LIABLE FOR ANY GENERAL, SPECIAL, DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY
OTHER DAMAGES OF ANY KIND, WHETHER IN AN ACTION UNDER
THEORY OF CONTRACT, TORTIOUS CONDUCT, NEGLIGENCE OR
ANY OTHER THEORY, ARISING OUT OF OR RELATING IN ANY
WAY TO THE SITE. USERS' SOLE REMEDY FOR DISSATISFACTION
WITH PROMOSQUAD IS TO STOP USING THE SITE. IF, FOR ANY
REASON, THE FOREGOING LIMITATION IS FOUND BY A COURT
OF COMPETENT JURISDICTION TO BE INVALID OR INAPPLICABLE
UNDER THE CIRCUMSTANCES, YOU AGREE THAT PROMOSQUAD’S
AND AFFILIATES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES,
OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED
TO THE HIGHER OF $1,000 OR THE LOWEST PERMITTED UNDER
APPLICABLE LAW.
General Provisions: Failure by promosquad to
enforce any provision(s) of these Terms of Use shall
not be construed as a waiver of any provision or right.
These Terms of Use, and all other aspects of use of
the Site, shall be governed by and construed in accordance
with the laws of the State of New York, without regard
to its conflict of laws rules. All claims and disputes
arising out of these Terms or Use or use of the Site,
other than action for specific performance or injunctive
relief brought by promosquad, shall be exclusively brought
in the federal, state or local courts located in New
York, NY; and, with regard to such claims and disputes,
Users hereby irrevocably (i) submit to the exercise
of personal jurisdiction over them by those courts,
and (ii) waive any jurisdictional, venue, or inconvenient
forum objections to such courts. These Terms of Use
constitute the entire agreement between Users and promosquad
with respect to the Site, and supersede all prior agreements
or understandings, whether written or oral, between
Users and promosquad with respect to the Site. If any
provision of these Terms of Use is found to be invalid
or unenforceable, the remaining provisions shall be
enforced to the fullest extent possible, and the remaining
Terms of Use shall remain in full force and effect.
These Terms of Use inure to the benefit of promosquad,
its successors and assigns.
Whew.......thanks from the squad!