⊂ Updated: 22/02/2019 – 02:59:05 ⊃
“Everything listed (Posted) on PROMOLILY is a deal and every deal on Promolily is called iPromo”
By using the Service in any way, you are agreeing to comply with the Terms. In addition, when using particular PROMOLILY services, you agree to abide by any applicable guidelines for all services, which may change from time to time. Should you object to any term or condition of the Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with PROMOLILY in any way, your only recourse is to immediately discontinue use of PROMOLILY. PROMOLILY has the right, but is not obligated, to strictly enforce the Terms through self-help, community moderation, active investigation, litigation, and prosecution.
MODIFICATIONS TO THE AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the Terms at: “Terms & Conditions”
You understand that PROMOLILY is generated by Curators Team (Deal Hunters) or it may contain user-generated Content in some sections of services that postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated.
More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. PROMOLILY has a strict Privacy, Infringement and “Real Deal” Policies and PROMOLILY try its best to collect, curate and moderate the content and make it more valued for visitors but it is not possible completely to control all content.
You understand that PROMOLILY does not control, and is not responsible for Content made available through the Service and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
Furthermore, the PROMOLILY site and Content available through the Service may contain links to other websites, which may completely independent of PROMOLILY. PROMOLILY makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained herein and in any such site. Your linking to any other websites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will PROMOLILY be liable in any way for any Content or for any loss, disappointment or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that PROMOLILY does not pre-screen or approve Content, but that PROMOLILY shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
THIRD PARTY CONTENT
The PROMOLILY site and Content available through the Service may contain features, comments, opinions and functionalities that may link you or provide you with access to third party content which is completely independent of PROMOLILY, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that PROMOLILY shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you understand and agree that PROMOLILY is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release PROMOLILY, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
You further acknowledge and agree that PROMOLILY may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of PROMOLILY, its users or the general public.
PROMOLILY COPYRIGHT INFRINGEMENT POLICY
PROMOLILY has established a Copyright & Infringement which is located at the following web address:
Your use of the PROMOLILY website or the Service signifies acknowledgment of an agreement to our Copyright & Infringement Policy.
You agree not to use, post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a PROMOLILY employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes a lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person without that person’s explicit consent;
i) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
j) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
k) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
l) that constitutes, facilitates, or contains any form of advertising, offers, or solicitation if: posted in areas of the PROMOLILY sites which are not designated for such purposes; or emailed to PROMOLILY users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
m) that includes links to commercial services or web sites, except as allowed in “services”;
n) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
o) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose;
s) “stalk” or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by PROMOLILY;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or in more than one metropolitan area;
x) attempt to gain unauthorized access to PROMOLILY ‘s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the PROMOLILY website; or
y) use any form of automated device or computer program that enables the submission of postings on PROMOLILY without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals, unless otherwise approved in writing by PROMOLILY.
NO SPAM POLICY
Any unauthorized use of PROMOLILY computer systems for sending unsolicited email advertisements to PROMOLILY email addresses or through PROMOLILY computer systems is expressly prohibited by these Terms and is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act. Such violations may subject the sender and his or her agents to civil and criminal penalties.
LIMITATIONS ON SERVICE
You acknowledge that PROMOLILY may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service.
You agree that PROMOLILY has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that PROMOLILY reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice and that PROMOLILY shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION OF SERVICE
You agree that PROMOLILY, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if PROMOLILY believes that you have acted inconsistently with the letter or spirit of the Terms.
Further, you agree that PROMOLILY shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions.
Any reproduction, modification, the creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express wrote consent of PROMOLILY.
You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of PROMOLILY, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Although PROMOLILY does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to PROMOLILY an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sub-licenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant PROMOLILY all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
YOU AGREE THAT USE OF THE PROMOLILY SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE PROMOLILY SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PROMOLILY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PROMOLILY SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, PROMOLILY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PROMOLILY SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE PROMOLILY SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PROMOLILY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PROMOLILY SITE OR THE SERVICE.
*Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
The content in blog, forum or anywhere on Promolily is searched and created by contributors, editors, writers, members, expressed as their own opinion. We at Promolily strive for the best and correct content however Promolily disclaims the full accuracy of data and promise. It is a savvy guide for frugal living and cannot be used as legal reference.
THE CONTENT ON PROMOLILY EITHER CURATED BY PROMOLILY CURATORS OR GENERATED BY USERS, MAY CONTAIN AFFILIATE LINKS THAT MAY EARN AN ADVERTISEMENT FEE FOR LINKING TO THE THIRD PARTY SITES / BRANDS / STORES.
BY USING THE SITE & SERVICES YOU AGREE ABOUT DISCLOSURE AND DISCLAIMER.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PROMOLILY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PROMOLILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PROMOLILY SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PROMOLILY SITE OR THE SERVICE, FROM INABILITY TO USE THE PROMOLILY SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PROMOLILY SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PROMOLILY SITE OR THE SERVICE OR ANY LINKS ON THE PROMOLILY SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PROMOLILY SITE OR THE SERVICE OR ANY LINKS ON THE PROMOLILY SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
*In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify and hold PROMOLILY, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
The Terms constitute the entire agreement between you and PROMOLILY and govern your use of the Service, superseding any prior agreements between you and PROMOLILY. The failure of PROMOLILY to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) month after such claim or cause of action arose or be forever barred.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the Terms on https://promolily.com/contact-us/
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for PROMOLILY to pursue legal action to enforce these Terms, you agree to pay PROMOLILY’s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, PROMOLILY retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
We welcome your questions and comments on this document.
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