Types of Cookies
Essential cookies. These are cookies that are required for the operation of the PROM platform. These cookies enable you to access and navigate on the platform and access information related to your account (such as uniquely identifying you each time you log into the platform). As such, a cookie containing an encrypted, unique identifier that is tied to your account is placed in your browser’s local storage on your browser.
Essential cookies are necessary to provide you with the PROM services, so you can’t opt out of them or if you do we will not be able to provide you with our Services.
Analytical cookies. They allow us to recognise, count the number of visitors and see how visitors move around the PROM platform. This helps us to improve the way our platform works, for example, by ensuring that users are finding what they are looking for easily.
We may also have third party service providers help us track and analyse usage and volume statistical information from individuals who visit our platform.
• You can use your browser settings to opt out of these cookies.
First and third party cookies
As to now, our cookies are persistent cookies stay on your computer or mobile device until they expire or are deleted.
Control cookies mechanisms
You are able to block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) please note that you may not be able to access all or parts of our platform.
To learn more about the choices that advertisers provide generally for individuals to influence how information about their online activities over time and across third-parties or online services is collected and used, you can visit the Network Advertising Initiative at http://www.networkadvertising.org/managing/opt_out.asp, the Digital Advertising Alliance at http://www.aboutads.info/, or the European Digital Advertising Alliance at http://youronlinechoices.eu/.
Cookie statement update
TERMS AND CONDITIONS
Welcome to PROM, the playground for creative collaboration! Our platform provides our community of creators with tools to discover new creators, collaborate with each other, and make ideas happen.
You must also adhere to our Community Guidelines which, and are incorporated into these terms. We recommend that you read through them to understand and agree on the expected behaviour of our Users. PROM will take necessary action if you do not follow these rules.
You acknowledge and agree that, as provided in greater detail in this Agreement:
BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE AGREEING TO A CONCILIATION PROCEDURE PRIOR TO ANY LITIGATION, AND ONLY THEN TO BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS. You also hereby WAIVE YOUR RIGHT TO ANY CLASS ACTION/JURY TRIAL (see RESPONSIBILITY – Section 6) and consent to THE SOLE USE OF AN ENGLISH COURT ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
As we grow our platform, we may update our Terms from time to time. We will make you aware of any significant changes by sending a notice to the email address connected to your PROM user account, or by placing a notice on a prominent location on our Services. We will issue a notice via the previous methods to all Users, to signify an upcoming change to our Terms. If you do not agree with the upcoming change(s), please use the tools provided to delete your account.
I. REGISTRATION and ACCESS TO PROM SERVICES:
3. PROM ACCOUNTS
4. SERVICE RULES
5. PROM APP
II. USE OF PROM SERVICES:
1. COLLABORATION ON PROM
2. QUESTION TIMES
3. PROM PROPRIETARY RIGHTS
4. BETA SERVICES
5. NO PROFESSIONAL ADVICE
7. CHILDREN AND OUR SERVICES
9. USER’S CONTENT COPYRIGHTS
1. THIRD-PARTY LINKS AND INFORMATION
4. NO WARRANTY
5. LIMITATION OF LIABILITY
6. GOVERNING LAW, CONCILIATION, EXCLUSIVE ENGLISH JURISDICTION AND CLASS ACTION/JURY TRIAL WAIVER
I. REGISTRATION AND ACCESS TO PROM SERVICES:
PROM is designed to provide a lively and interactive community for its Users to share creative Content (defined below) with each other. In order that it is done safely and lawfully, this Agreement between you and PROM establishes some rules set out below.
This is a CONTRACT between you and PROM. YOU MUST READ AND AGREE TO THESE TERMS BEFORE USING THE PROM SERVICES.
1.1. Binding contract:
Through ACCESSING PROM (visiting, using, whether or not you create a registered account), you are UNDERSTANDING AND AGREEING TO BE BOUND by this AGREEMENT. This therefore means that if you do not agree to these Terms, you should not use or visit PROM.
1.2. Age restriction:
You must be minimum thirteen years old (13) to access or use the Services. Any use or access to the Services by anyone under thirteen (13) is prohibited and in violation of this Agreement. In addition, the Service is not available to any Users previously removed from the Service by PROM. You must also be old enough to consent to the processing of your personal data in your own country. Please refer to the Section below to learn more about the minimum age for consent to data processing CHILDREN AND OUR SERVICES.
PROM allows Users to post, provide or submit content such as profile information, videos, images, text, music, sound recording, animations, logos, comments, questions, projects, data and other content or information and any such materials a User submits, posts, displays, shares or otherwise makes available on the Service is referred to as “User Content”, “Content” or “content”.
o The content you provide remains yours.
We claim no ownership right over User Content created by you. The User Content you create, post, or otherwise make available through the Service remains yours. As between you and PROM, you retain any and all right, title and interest in and to the User Content you create, post, or otherwise make available through the Service. PROM does not claim any ownership rights over your any content that is posted, displayed or made available on our site, Services and application.
o But you agree to grant a license to PROM:
In accordance with your choice of the privacy settings offered on PROM, by posting, sharing, displaying or otherwise making available any User Content on or through the Service, YOU HEREBY GRANT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS NECESSARY TO GRANT TO PROM, A LIMITED, ROYALTY-FREE, SUBLICENSABLE, TRANSFERABLE, PERPETUAL, IRREVOCABLE, NON-EXCLUSIVE, WORLDWIDE LICENSE TO USE, REPRODUCE, MODIFY, PUBLISH, DISTRIBUTE, SYNDICATE, PUBLICLY PERFORM, PUBLICLY DISPLAY, MAKE DERIVATIVE WORKS OF, LIST INFORMATION REGARDING, OR OTHERWISE USE YOUR USER CONTENT, INCLUDING (WITHOUT LIMITATION) YOUR NAME, VOICE, AND/OR LIKENESS AS IT IS CONTAINED WITHIN YOUR USER CONTENT, IN WHOLE OR IN PART, AND IN ANY FORM, MEDIA OR TECHNOLOGY, WHETHER NOW KNOWN OR HEREAFTER DEVELOPED and WITHOUT ANY FURTHER APPROVAL OR CONSENT FORM OR PAYMENT TO YOU OR ANY OTHER PERSON.
Please do NOT SUBMIT OR DISPLAY ANYTHING ON PROM THAT YOU WOULD NOT LIKE TO BE USED IN THIS WAY and note that we MAY NOT BE ABLE TO PREVENT FURTHER USE BY THIRD PARTIES WITHOUT YOUR PERMISSION.
This license is not being used by PROM to sell your User Content to third parties or otherwise profit off of your User Content in any way unrelated to PROM providing and promoting the Services. It also does not give PROM any rights to own your User Content or limit your ability to use your User Content however you wish outside of the Services.
You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your Content.
You also warrant that ANY ‘MORAL RIGHTS’ IN POSTED MATERIALS HAVE BEEN WAIVED.
o And you also agree to grant a license other users:
By providing or sharing User Content through the Service, you hereby agree to grant each User of PROM a NON-EXCLUSIVE ROYALTY FREE LICENSE, TO ACCESS YOUR USER CONTENT THROUGH THE SERVICES, AND TO USE, DISPLAY, MODIFY, REPRODUCE AND PERFORM SUCH USER CONTENT, as permitted through the functionality of the Service and under this Agreement. Thus, you agree to ALLOW OTHERS TO VIEW, DISPLAY, MODIFY AND/OR SAVE YOUR USER CONTENT IN ACCORDANCE WITH YOUR SETTINGS AND THIS AGREEMENT.
Where you collaborate on a Project, you acknowledge and agree that any copyright works created by you and incorporated into the Project shall be licensed by the Project Owner and any other Collaborators, for use on the PROM Platform, on the same terms as set forth above.
Any copyright works created by you and incorporated into a Project shall not be licensed for use outside of the PROM platform. The Project Owner shall be required to seek the permission and consent of the copyright owner to display, use, modify, or make any other use of any Collaborator’s copyright works incorporated in their Project on terms agreed between the Project Owner and the Collaborator.
Please be aware that it is very difficult to remove content from the Internet that has become publicly available.
If you have any questions about this Section 2.2., please contact us at support@PROM.com
2.3. PROM license:
PROM Ltd. reserves and owns all rights to its name, logo and website, App, including any Intellectual Property rights related to them. You may not reuse, distribute, copy, or duplicate any part of PROM.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
2.4. Representations and Warranties:
o You are responsible for the rights attached to your Content
As a User, you agree that you are responsible for all Content that you submit on PROM. You must assume all risks associated with it, including accuracy, intellectual property claims, or any other legal rights claims. You represent and warrant that:
i. you either OWN the Content you post, or that you HAVE ALL THE NECESSARY RIGHTS TO POST that Content on PROM,
ii. your Content does NOT INFRINGE any third party’s rights, and
iii. you CAN GRANT THE LICENSES you grant in these Terms.
o In connection with your Content, you affirm, represent and warrant that:
You have the relevant third parties’ consent
You have obtained and are solely responsible for obtaining all consents, as may be required by law, to post any User Content relating to third parties, including (without limitation) the written consent and release of liability of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement. You must have explained and received express specific consent of everyone who worked on or features in your Content, and if they are under eighteen (18) to their parents or guardians, how it may be used, especially for photographs, videos or music.
You respect the laws and third parties’ rights
Your User Content and PROM’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
o Truth and Accuracy:
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
o No payment liability to PROM:
PROM may exercise the rights to your User Content granted under this Agreement without liability for payment of any union fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
o You may still need to register your copyrights with the appropriate authorities:
You understand that publishing your User Content on the Service is not a substitute for registering it with the appropriate authority or union in charge of copyrights registration or any other rights organisation.
o You understand and agree not to post, display or make available any of the following Content on PROM that:
• may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
• may create a risk of any other loss or damage to any person or property;
• seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
• may constitute or contribute to a crime or tort;
• contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable;
• contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
• contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• contains any information or content that you know is not correct and current or;
• violates any school or other applicable policy, including those related to cheating or ethics.
PROM reserves the right, but is not obligated, to reject and/or remove any User Content that PROM believes, in its sole discretion, in violation any of these provisions. You agree to immediately remove any Content from your Service on receiving notice requesting you to do so from us or from any third party (including any court or law enforcement agency) and you must notify us immediately of any such third party request.
2.5. PROM disclaims any responsibility regarding User Content:
You are responsible for your use of the Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
Although we take reasonable care with the Content displayed on PROM. PROM MAY NOT MONITOR OR CONTROL THE CONTENT POSTED VIA THE SERVICES AND CANNOT TAKE RESPONSIBILITY FOR SUCH CONTENT. Unlike traditional physical media, the Content is provided in a dynamic environment with regular changes and therefore inaccuracies may occur from time to time. Please double-check the competences, accuracy and reliability of the Content if you are in doubt. Also please use common sense and caution when using third party material. ANY USE OR RELIANCE ON ANY CONTENT OR MATERIALS POSTED VIA THE SERVICE OR OBTAINED BY YOU THROUGH THE SERVICE IS AT YOUR OWN RISK. WE DO NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT OR COMMUNICATIONS POSTED VIA THE SERVICES OR ENDORSE ANY OPINIONS EXPRESSED VIA THE SERVICE.
You understand that by using the Services, you may be exposed to CONTENT THAT IS OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE FOR CHILDREN AND/OR ANYONE UNDER 18, OR IN SOME CASES, POSTS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE OR UNSUITED FOR YOUR PURPOSE. Every Content is the sole responsibility of the person who originated such Content and you agree that PROM SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE TO INCUR AS A RESULT OF OR RELATING TO ANY USER CONTENT.
PROM IS NOT RESPONSIBLE AND CANNOT BE HELD LIABLE FOR ANY USER CONTENT THAT YOU OR ANY OTHER USERS OR THIRD-PARTY POST, SEND, OR OTHERWISE MAKE AVAILABLE OVER THE SERVICE. YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR USER CONTENT AND THE CONSEQUENCES OF POSTING IT, PUBLISHING IT, SHARING IT, OR OTHERWISE MAKING IT AVAILABLE ON THE SERVICE, AND YOU AGREE THAT WE ARE ONLY ACTING AS A PASSIVE CONDUIT FOR THE ONLINE DISTRIBUTION AND PUBLICATION OF YOUR USER CONTENT.
3. PROM ACCOUNTS
3.1. Creation of your account:
Your PROM account gives you access to the services and functionalities that we may establish and maintain from time to time and in our sole discretion.
i. Account on behalf of a company:
If you open a PROM account on behalf of a company, organisation, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
ii. Responsibility of the control and activity of your account:
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. The password with your account must be at least eight (8) characters and we encourage you to make it “strong” by using a combination of upper and lowercase letters, numbers and symbols. You must notify PROM immediately of any breach of security or unauthorized use of your account. Please note that PROM will not be liable for any losses caused by any unauthorized use of your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
iii. Use of your information
o Service communications:
We may need to provide you with certain communications, such as service announcements and administrative messages. These are made to inform you on the activity of your account and the service (for instance data breach, password reset, changes of features to the service etc). These communications are considered PART OF THE SERVICES AND YOUR ACCOUNT, AND YOU MAY NOT BE ABLE TO OPT-OUT FROM RECEIVING THEM. Thus, by providing PROM your email address, YOU CONSENT TO PROM USING YOUR EMAIL ADDRESS TO SEND YOU SERVICE-RELATED NOTICES and including any notices required by law, in lieu of communication by postal mail. However, if you don’t agree to such communications sent to you, you can disable your account.
o Notification communications:
We will send notification emails based on the activity of your account, for example when another User invites you as a collaborator, or when you receive a private message. YOU MAY OPT OUT of these communications from the Settings section.
o Marketing communications:
We may also send you communications to offer you the best possible service and keep you updated. Therefore we may use your email address to send you other messages, such as newsletters, promotions or special offers. If you do not want to receive such email messages, YOU MAY OPT OUT by following the “Unsubscribe” link in these email messages or through your account settings. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. Please note that we are not selling or sharing your email address with a third party for marketing purposes.
iv. User interactions
You are solely responsible for your interactions with other PROM Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. PROM shall have no liability for your interactions with other Users, or for any User’s action or inaction.
3.2. Deletion of content and account
At any time, you may delete your Content from PROM directly on the post, or delete your account in “Settings”.
Usernames: PROM reserves the right to force forfeiture of any username for any reason.
Termination or Suspension of your account: PROM also reserves the right to terminate or suspend your account at any time, with or without notice and at our sole discretion. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if you violate any provision of this Agreement or for no reason. When a User’s account is terminated, you lose all rights to access or use PROM. When you delete posted Content or your account is terminated, we will use reasonable efforts to remove all of your Content from PROM.
Change of the Services: We may, with or without prior notice, change the Services, stop providing the Services or any feature of it, or even create usage limits for the Services, to you or to every Users generally.
Agreement still binding:
Upon termination for any reason or no reason, you continue to be bound by this Agreement.
4. SERVICE RULES
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services as permitted by the features of the Services. PROM may terminate this license at any time for any reason or no reason.
PROM reserves all rights not expressly granted herein in the Service and the PROM Content.
When you visit or use PROM Services, you agree not to engage in any of the following prohibited activities:
i. copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
ii. not to interfere with analytic codes and tools that the Content may include that allow us to gather information on use of the platform
iii. using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the PROM servers than a human can reasonably produce in the same period of time by using a conventional web browser (except that PROM grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from PROM for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
iv. transmitting spam, chain letters, or other unsolicited email;
v. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
vi. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
vii. uploading invalid data, viruses, worms, or other software agents through the Service;
viii. collecting or harvesting any personally identifiable information, including account names, from the Service;
ix. using the Service for any commercial solicitation purposes;
x. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
xi. interfering with the proper working of the Service;
xii. accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
xiii. bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or
xiv. the Content may include advertising and sponsorship material but that you shall not be entitled to any revenue from this and you are responsible for ensuring its display.
Accessing any audiovisual content that may be available on the Services for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited unless explicitly permitted by the functionality of the Services. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the PROM Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.
Notwithstanding the usage limits and refresh requirements established by us from time to time, we can at any time without notice limit or block access to any PROM Service and Content, including where the stability and integrity of the PROM services is under threat.
5. PROM APP
We’ve made available an application (“the App”) to access the PROM Services via a mobile device (mobile or tablet). Our App is available on the iTunes Store for download. To download it, you must agree and comply with Apple Terms of Service.
5.1. Account registration:
To use the PROM App you must have a device that is compatible with the mobile Services. PROM does not warrant that the App will be compatible with your mobile device. You may use mobile data in connection with the App and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
To use the PROM App you will need to register and create an account. You agree to provide accurate information when you register and to keep information up to date. You agree to protect your username and password against misuse by others, and you agree to promptly notify us any misuses of your username and password or your account that you became aware of.
5.2. Grant of rights:
PROM hereby grants you a non-exclusive, non-transferable, revocable license at our own discretion to access and use a compiled code copy of the software for one PROM account on one device owned or leased solely by you, for your personal use and strictly in accordance with the Terms, for the period selected by you in the case of a subscription, and in other cases for as long as PROM or the applicable application provider have rights to provide you the PROM App. All rights not expressly granted to you in the Agreement are reserved.
You therefore agree:
o to use the App only for your own internal use;
o to use the App in accordance with the applicable laws and regulations;
o not to modify, disassemble, decompile or reverse engineer the software, except to the extent that such restriction is expressly prohibited by law;
o not to give, rent, lease, loan, sell or resell, sub-license, distribute, publicly perform or otherwise transfer the software to any third party or use the software to provide time sharing or similar services for any third party;
o not to make any copies of the Mobile Software;
o not to decrypt, remove, circumvent, disable, damage or otherwise interfere with security-related features of the software, features that prevent or restrict use or copying of any content accessible through the software, or features that enforce limitations on use of the software; or
o not to delete the copyright and other proprietary rights notices on the software.
5.3. Availability and Technical requirements:
The availability of the App may vary and is provided at our sole discretion. We may change or cease providing the App Store (or any part of it) at any time. The store where you purchase the App may not be available during the routine maintenance periods and other times. To access and use the store where you purchase the App, you will need to comply with our technical requirements, including device compatibility.
We make no warranty of any kind in respect of the App, either express or implied, such as but not limited to warranty regarding the quality or fitness of the App for a particular purpose.
To access and use the App, you will need to comply with our technical requirements, including device compatibility. To use the App, you will need to download and install the App on your device. It is your responsibility to ensure that you have the most up-to-date Mobile Software installed on your devices. Please note that it is your responsibility to ensure you are equipped to access and use the App and that you are responsible for any so associated costs or charges such as mobile network data charges. We reserve the right to remove and/or disable copies of any App on your device.
5.5. Upgraded versions:
You agree to indemnify us and hold us harmless from any and all third party claims and all liabilities, losses, costs and damages that we suffer, which result from or arise out of your breach of the terms, of your infringement of any Intellectual Property or other rights of a third party (see Responsibilities – Indemnity Section below).
5.7 Mobile Software from iTunes:
The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”).
You acknowledge and agree that this Agreement is solely between you and PROM, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms and Conditions.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to PROM as provider of the software.
You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to:
o product liability claims;
o any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and
o claims arising under consumer protection or similar legislation;
and all such claims are governed solely by this Agreement and any law applicable to PROM as provider of the software.
You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, PROM, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and PROM acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.
II. USE OF PROM SERVICES
1. COLLABORATION ON PROMThe key to success in the creative industry is collaboration. PROM built a product that actively encourages and supports it. Create a project, invite other users and collaborate together to make ideas happen!
1.1. Project Owner
When you create a project, you become its owner (the “Project Owner”), meaning that you have the same abilities create and modify the Project content as the other Collaborators, in addition to being the only person able to change the privacy settings of the project and delete the whole project.
1.2. Project Collaborators
On PROM, collaborators on a project (“Collaborator”) are treated as equal parties, with equal abilities to add and delete User Content on projects, including User Content added by other Collaborators. Collaborators can also add new Collaborators to a project and remove existing Collaborators from the project. The Project Owner cannot be removed from the project by Collaborators.
1.3. Project chat and comments
Users collaborating on a project can use a private chat room to discuss their collaborative work. In both private and public projects, this chat room is private to project collaborators only.
1.4. Project privacy settings
The project will default to a “public” project if no privacy is set in the project creation by the owner. We do not monitor or control what other users do with your User Content. We recommend that, as a user on a project, you back up your User Content elsewhere regularly.
Please think carefully about what you share and with whom. You are responsible for what you upload and for determining if the level of access to your User Content is appropriate. When you share User Content on PROM, it is your responsibility to understand and accept the extent to which you are letting other users see and use your User Content.
Please keep in mind that we may create reasonable technical limits on file size, storage space, processing capacity, and other technical limits.
1.5. Project copyrights
2. PROM QUESTION TIME2.1. Question Time and Task
Take part in a live Question/Answer session (“Q&A”) and watch short films curated around community questions; asking and interacting directly with some hosts who are inspiring creators at the top of their respective industries. Creative leaders may set tasks (such as projects) for you to take part in, giving the opportunity for an important exposure if your submission becomes successful.
When you access the PROM, you may have the option to take part in our Question Time (“QT”). QT offers the possibility to participate in a live Q&A, during which you can ask questions and interact with inspiring creators. After the Q&A session, the invited industry leader will set a Task project (“Task”), specific to the host’s industry and/or their career. If you want to, you can participate in the Task challenge and submit your project to PROM. Approximately four weeks after the end of the submissions, we will select, at our own discretion, alongside the industry leader, our favourite submissions, specific to the original Task instructions. If your project is selected, it could be reviewed and collaborated on with the QT host. The winning project(s) will be exposed to all participants that took part in the QT and obtain exposure as described in the instructions and rules for each Task.
Specific requirements and rules will be set up for each Task specifically. The rules and requirements may vary depending on each task. Please review them each time you wish to take part. You must respect the rules and meet the requirements in order to submit your project and have it reviewed by PROM. In addition, to take part in a task, you must be at least 18 years old or have the express a specific authorisation from you parents/legal guardian otherwise. You understand and agree that by participating into a task, PROM reserves the right to select the winning projects among the Users’ submissions.
2.2. Rights attached to Question Time and Task
PROM do not own the QT or the Tasks in it. Your project remains yours. However, you agree that by submitting your project to us, you grant us a similar license to the one you grant us when you post Content on PROM. Therefore please review the Section related to Content, which applies to your submitted project in relation with the Task, to understand how we may use your project and what you warrant when you submit it to us (such as but not limited to the authorisations from third parties who have work on or featuring in it etc.).
When you submit a project to us, you grant us a limited license for PROM to use your submission as necessary to provide the Service, and especially the Tasks in the QT Service. As a result, we may DISPLAY OR POST YOUR PROJECT ON PROM and also DISPLAY IT ON OTHER MEDIA SERVICES, including television programming, print publications advertising or else. It will therefore become accessible and be linked to or copied from across the public Internet as well as in other media. Please do NOT SUBMIT OR DISPLAY ANYTHING ON PROM THAT YOU WOULD NOT LIKE TO BE USED IN THIS WAY, and note that we MAY NOT BE ABLE TO PREVENT FURTHER USE BY THIRD PARTIES WITHOUT YOUR PERMISSION.
2.3. Compliance with the relevant laws
It is a User’s responsibility to comply with the contest laws of your country or jurisdiction. You acknowledge that certain countries or jurisdictions have laws or regulations that may prevent PROM from awarding you with your defined prize. If you are a winner and this happens to be the case with your country/jurisdiction, you acknowledge that you may not be able to receive any prize at all and consequently be disqualify as the winner and another winner may be chosen.
2.4. Use of your information
Unless prohibited by applicable law, by entering and submitting a Task to PROM, you give us permission to access and use your information such as, but not limited to, your full name, your contact details (email address and location), your submission project, the Content that you displayed on PROM and any of your testimonials in media for advertising purposes related to PROM.
3. PROM PROPRIETARY RIGHTSPROM is registered a registered trademark.
3.1. Exclusive property of PROM:
Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logo such as the “d” logo, patents, trademarks (including, without limitation, the PROM marks), service marks, copyrights, photographs, audio, videos, music, soundtracks and User Content belonging to other Users (the “PROM Content”), and all Intellectual Property Rights related thereto, are the respective exclusive property of PROM and its licensors (including other Users who post User Content to the Service).
The Service contains data, information, Intellectual Rights and other content not owned by you (“PROM Property”). You understand and agree that regardless of terminology used, PROM Property represents a limited license right governed solely by the Terms of this Agreement and available for distribution, at PROM’s sole discretion.
3.2. Use of PROM property:
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any PROM Content. Any use of the PROM Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
3.3. Ideas on how to improve PROM:
You may choose to or we may invite you to submit feedback, comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place PROM under any fiduciary or other obligation, and that we are free to use the Idea without any additional financial compensation or credit to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, PROM does not waive any rights to use similar or related ideas previously known to PROM, or developed by its employees, or obtained from sources other than you.
You acknowledge that you do not own the account you use to access the Services. You agree that PROM has the absolute right to manage, regulate, control, modify and/or eliminate PROM Property as PROM deems adequate, in any general or specific case, and that PROM will have no liability to you based on its exercise of such right. All data on PROM’s servers are subject to deletion, alteration or transfer. NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON PROM’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. PROM DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON PROM’S SERVERS.
4. BETA SERVICESFrom time to time, We may offer new services (limited preview services or new features to existing Services) in a pre-release version. New services, new features to existing services or limited preview services shall be known, individually and collectively, as “Beta services”. If you elect to use any Beta services, then your use of the Beta services is subject to the following terms and conditions:
i. You acknowledge and agree that the Beta services are pre-release versions and may not work properly;
ii. You acknowledge and agree that your use of the Beta services may expose you to unusual risks of operational failures;
iii. The Beta services are provided as-is, so we do not recommend using them in production or mission critical environments;
iv. PROM reserves the right to modify, change, or discontinue any aspect of the Beta services at any time;
v. Commercially released versions of the Beta services may change substantially, and programs that use or run with the Beta services may not work with the commercially released versions or subsequent releases;
vi. PROM may limit availability of customer service support time dedicated to support of the Beta services;
vii. You acknowledge and agree to provide prompt feedback regarding your experience with the Beta services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta services shall be owned exclusively by PROM;
viii. You acknowledge and agree that all information regarding your use of the Beta services, including your experience with and opinions regarding the Beta services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to PROM;
ix. The Beta services are provided “as is”, “as available”, and “with all faults”.
To the fullest extent permitted by law, PROM disclaims any and all warranties, statutory, express or implied, with respect to the Beta services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
5. NO PROFESSIONAL ADVICEIf the Service provides professional information (for example, business, legal, financial, medical or else), it is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
7. CHILDREN AND OUR SERVICESAs mentioned at the beginning of our Terms, our services are not directed to children, and you may not use our services if you are under the age of 13. You must also be old enough to consent to the processing of your personal data in your own country. For example, in Italy and Spain the minimum age to consent for data processing is 14 years old, in France it is 15 years old, whereas in Germany, Poland, Ireland and Netherlands, it is 16 years old. Please make sure your use the Service in line with your national minimum age of consent for data processing.
8. SECURITYPROM cares about the integrity and security of your personal information. PROM uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
9. USER’S CONTENT COPYRIGHTSNote that posting or displaying your Content on PROM is not a substitute for registering the Intellectual Rights attached to it to the appropriate authorities. Depending on the laws and Regulations of your country or territory, you may wish to register the Intellectual Rights in relation with your creation, such as but not limited to copyrights, trademarks, moral rights, goodwill and other intellectual property rights.
If you have legal proof that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify PROM’s at report@PROM.com. Please note that this procedure is exclusively for notifying PROM and its affiliates that your copyrighted material has been infringed. The preceding requirements do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the applicable laws.
PROM may, at its own discretion, limit access to the Service and/or terminate the accounts of any Users who infringe any Intellectual Property rights of others, whether or not there is any repeated infringement and in accordance with the law.
2. CREDITSThe PROM Services (website and app) integrate the respective application programming interfaces, data, databases, sub-processors, media libraries, images, and/or other Intellectual Property of Apple, Inc.; Microsoft Corporation; Google, Inc. (Google Analytics and Google Place); Amazon Web Services; Sentry Inc.; Mixpanel; Intercom; and Twilio Inc (Sendgrid).
This material is proprietary and the subject of copyright protection, database right protection and/or other Intellectual Property rights owned by Apple, Inc.; Bing (Microsoft Corporation); Google, Inc.; Sentry; Intercom; Mixpanel; Amazon Web Services; Twilio Inc (SendGrid) or their suppliers. The use of this material is subject to the terms of one or more license agreements. Any unauthorized copying or disclosure of this material will lead to liabilities.
The sub-processors we works with do not endorse PROM Service, but they do have legal protections in the materials they have let us use. You must not violate their legal protections by copying or disclosing the material or removing any copyright mark of those third parties without our permission.
3. INDEMNITYYou agree to DEFEND, INDEMNIFY AND HOLD HARMLESS PROM AND ITS SUBSIDIARIES, AGENTS, LICENSEES, MANAGERS, AND OTHER AFFILIATED COMPANIES, AND THEIR EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (including but not limited to attorney’s fees) arising from:
o your use of and access to the Service and any data or content transmitted or received by you;
o your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
o your violation of any third-party right, including without limitation any privacy right or Intellectual Property Right;
o your violation of any applicable law, rule or regulation;
o User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information;
o your willful misconduct; or
o any other party’s access and use of the Service with your unique username, password or other appropriate security code.
4. NO WARRANTYTHE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ARE USING OF THE SERVICE IS AT YOUR OWN RISK. To the maximum extent permitted by applicable law, the service is provided WITHOUT WARRANTIES OF ANY KIND, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose. No advice or information, whether oral or written, obtained by you from PROM or through the service will create any warranty not expressly stated herein.
4.1. Reliability of the service:
WITHOUT LIMITING THE FOREGOING, PROM, ITS EMPLOYEES, ITS CONTRACTORS, ITS HOSTS, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT:
o THE CONTENT IS ACCURATE, RELIABLE OR CORRECT;
o THE SERVICE WILL MEET YOUR REQUIREMENTS;
o THE SERVICE WILL BE AVAILABLEAT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE;
o ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
o THE SERVICE IS FREE OF VIRUSESOR OTHER HARMFUL COMPONENTS.
4.2. Content downloaded:
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
4.3. 3rd parties:
PROM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROMOTED OR OFFERED BY A THIRD PARTY THROUGH THE PROM SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PROM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
To the permitted extent of the law:
THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
5. LIMITATION OF LIABILITYTHE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE WHOLE AGREEMENT INCLUDING ANY USER PARTICIPATION IN ANY QUESTION TIME:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROM, ITS AFFILIATES, AGENTS, HOSTS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER INCURRED DIRECTLY OR INDIRECTLY AND INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO ANY:
o USE OF, OR INABILITY TO USE, PROM SERVICE AND ANY WEBSITES THAT ARE LINKED TO OR FROM IT;
o ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
o PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE;
o UNAUTHORIZED ACCESS (RESULTING FROM HACKING, TAMPERING OR OTHER) TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
o INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
o BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;
o ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR
o USER CONTENT OR THE DEFAMATORY, HARASSING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
THE LIMITATION OF LIABILITY IN THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PROM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OR DAMAGE OF YOUR INCOME OR REVENUE; SALARY, BENEFITS OR OTHER PAYMENTS; BUSINESS; PROFITS OR CONTRACTS; OPPORTUNITY; BUSINESS INTERRUPTION; ANTICIPATED SAVINGS; DATA; GOODWILL OR REPUTATION; TANGIBLE PROPERTY; WASTED MANAGEMENT OR OFFICE TIME; INTANGIBLE PROPERTY, INCLUDING LOSS, CORRUPTION OR DAMAGE TO DATA OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE OR ANY PERSONAL PROPERTY LOSS OR ANY OTHER LOSSES, RESULTING FROM YOUR ACCESS, USE OR NON-USE OF THE SERVICE. We strongly recommend that you (i) take care to verify the suitability and compatibility of your devices before use, (ii) take reasonable precautions to protect yourself against harmful programs or devices including through installation of anti-virus software.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
We may still be liable for death or personal injury arising from our negligence; fraudulent misrepresentation; any other liability which cannot be excluded or limited under applicable law; and only if we have failed to carry out our obligations under these Terms to a reasonable standard, or breached any duties imposed on us by law, including if we have caused death or personal injury by our negligence, and that failure is not attributed to:
o your own fault, for example your failure to implement recommendations previously advised by us,
o a third party unconnected with our performance of this Agreement, for instance problems due to communication network performance of this agreement, congestion, and connectivity, or the performance of your computer equipment; or
o any other events which neither we or our suppliers could have foreseen or forestalled even if they had taken reasonable care.
The Service is controlled and operated from facilities in the United Kingdom. PROM makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United Kingdom and local laws and regulations. You may not use the Service if you are a foreign person or entity blocked or denied by the United Kingdom government.
6. GOVERNING LAW, ENGLISH EXCLUSIVE JURISDICTION AND CLASS ACTION/JURY TRIAL WAIVER
6.1. Governing Law
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO RESOLVE THEIR DISPUTES UNDER THE ENGLISH LAW AND ENGLISH EXCLUSIVE JURISDICTION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PROM.
You agree that:
xxiv. the Service shall be deemed SOLELY BASED IN THE UNITED KINGDOM;
xxv. the Service shall be deemed a passive one that does not give rise to PERSONAL JURISDICTION OVER US, EITHER SPECIFIC OR GENERAL, IN JURISDICTIONS OTHER THAN UNITED KINGDOM;
xxvi. THIS AGREEMENT, ITS SUBJECT MATTER, INTERPRETATION AND ITS FORMATION SHALL BE GOVERNED BY THE ENGLISH LAW;
xxvii. Notwithstanding the preceding sentences with respect to the SUBSTANTIVE LAW, anyDISPUTE RESOLUTION OR LEGAL PROCEEDINGconducted pursuant to the terms of this Agreement, SHALL BE GOVERNED BY THE ENGLISH LAW.
In case of a disagreement between you and PROM, you agree to first contact us at support@PROM.com in order to inform us of a dispute you might have and try to resolve it with us. As a result, in case of a claim, dispute, or controversy between the Parties on the subject matter, formation, application, interpretation or performance of this Agreement and PRIOR TO ANY LITIGATION PROCEDURE, each Party undertakes to designate a person duly authorized to search for AN AMICABLE SOLUTION IN GOOD FAITH TO ENTER INTO A CONCILIATION PROCEDURE.
These persons shall meet at the initiative of the most diligent Party, within thirty (30) days, from receipt of the letter requesting a conciliation meeting. The Party taking the initiative of conciliation should set the agenda. The decisions, if they are MADE BY COMMON AGREEMENT, will have contractual value and will constitute a SETTLEMENT BETWEEN THE PARTIES ON THE SUBJECT MATTER OF THE DISPUTE.
In the absence of an amicable agreement between the Parties, within a period of sixty (60) days following the conciliation meeting, the dispute shall be referred to and finally resolved by EXCLUSIVE JURISDICTION OF THE COMPETENT ENGLISH COURTS ON AN INDIVIDUAL BASIS. The legal proceeding shall take place in London, ENGLAND and be conducted in ENGLISH language.
6.3. Exclusive Jurisdiction of English Courts
In the unlikely event that PROM and you have not been able to resolve a dispute it has with you after sixty (60) days, WE EACH HERETO IRREVOCABLY AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS IN RESPECT TO ANY DISPUTE OR LEGAL PROCEEDINGS IN RESPECT OF THIS AGREEMENT AND ANY MATTER ARISING THEREUNDER, INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS.
YOU ACKNOWLEDGE AND CONFIRM THAT ANY DISPUTE, LITIGATION, LEGAL PROCEEDING, QUESTION OF INTERPRETATION, DAMAGE OR LOSS, WHICH ARISE DIRECTLY OR INDIRECTLY AS A RESULT OF THIS AGREEMENT, AND INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS, SHALL BE SUBJECT TO THE LAWS OF ENGLAND AND NO OTHER JURISDICTION SHALL BE APPLICABLE BUT THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS.
YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE ENGLISH COURTS LOCATED IN LONDON, ENGLAND for any actions for which WE RETAIN THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF in a court of competent jurisdiction to PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A OUR COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, INCLUDING ANY PROVISIONAL RELIEF REQUIRED TO PREVENT IRREPARABLE HARM.
YOU AGREE THAT LONDON, ENGLAND IS THE PROPER FORUM FOR ANY APPEALS OF TRIAL COURT PROCEEDINGS OR ANY OTHER DISPUTE RESOLUTION PROCEEDING.
6.4. Class Action and Jury Trial Waiver
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PROM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial or other purposes, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.
THIS WAIVER APPLIES TO CLASS ACTION IN ANY JURISDICTION, AND, UNLESS WE AGREE OTHERWISE, THE JUDGE MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.
7. MISCELLANEOUS7.1. Assignment
This Agreement does not give rights to any third parties. You cannot transfer your rights and licenses granted hereunder or obligations under this Agreement without our consent. Our rights and obligations can be assigned by PROM to others without restriction. For example, this could occur if our ownership changes (as in a merger, acquisition or sale of assets or else) or by law. Any attempted transfer or assignment in violation hereof shall be null and void.
7.2. Notification regarding Procedures and Changes to the Agreement
PROM may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by PROM in our sole discretion. PROM reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. PROM is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
7.3. Entire Agreement and Severability
This Agreement, together with any amendments and any additional Agreements you may enter into with PROM in connection with the Service, shall constitute the entire Agreement between you and PROM concerning the Service.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
7.4. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and PROM’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any amendment or waiver to our Agreement must be in writing and signed by us. If we fail to enforce any aspect of this Agreement, it will not be a waiver. We reserve all rights not expressly granted to you.
The services of PROM are operated by:
The People Republic of Movies Ltd, a registered company under the number: 12119874. If you have any question, please send us an email at support[at]thepromhq.com