ProMe Terms & Services

Terms and Conditions ("Terms")

 

Last updated: 1/6/2018

 

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.promeapp.com website and the ProMe App mobile application (the "Service") operated by ProMe ("us", "we", or "our").

 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access or use the Service.

 

Content

 

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("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.

 

Sharing Your Content and Information

 

You own all of the content and information you post on ProMe, but upon every upload your content is available for all ProMe users to see. In addition:

  1. For content that is covered by intellectual property rights, like photos and videos you specifically give us the following permission, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with ProMe.
  2. When you delete content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
  3. When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
  4. When you publish content or information it means that you are allowing everyone to access and use that information, and to associate it with you (i.e., your name and profile picture).
  5. We always appreciate your feedback or other suggestions about ProMe, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Safety

 

We do our best to keep ProMe safe, but we cannot guarantee it. Reported users or videos will be reviewed and maybe deleted within 36 hours if it breaks the terms of services. which includes the following commitments by you:

  1. You will not post unauthorized commercial communications (such as spam) on ProMe.
  2. You will not collect users' content or information, or otherwise access ProMe, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
  3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on ProMe.
  4. You will not upload viruses or other malicious code.
  5. You will not solicit login information or access an account belonging to someone else.
  6. You will not bully, intimidate, or harass any user.
  7. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence or terroism related or hateful or abusive or infringes rights
  8. You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
  9. You will not use ProMe to do anything unlawful, misleading, malicious, or discriminatory.
  10. You will not do anything that could disable or delete, overburden, or impair the proper working or appearance of ProMe, such as a denial of service attack or interference with page rendering or other ProMe features.
  11. You will not facilitate or encourage any violations of this Statement or our policies.

 

Registration and Account Security

 

ProMe users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  1. You will not provide any false personal information on ProMe, or create an account for anyone other than yourself without permission.
  2. You will not create more than one personal account.
  3. If we disable or delete your account, you will not create another one without our permission.
  4. You will not use ProMe if you are under the age of 13.
  5. You will not use ProMe if you are a convicted sex offender.
  6. You will keep your contact information accurate and up-to-date.
  7. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  8. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
  9. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

 

Protecting Other People's Rights

 

We respect other people's rights, and expect you to do the same.

  1. You will not post content or take any action on ProMe that infringes or violates someone else's rights or otherwise violates the law.
  2. We can remove any content or information you post on ProMe if we believe that it violates this Statement or our policies.
  3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal by contacting us.
  4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
  5. If you collect information from users, you will: obtain their consent, make it clear you (and not ProMe) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
  6. You will not post anyone's identification documents or sensitive financial information on ProMe.

 

Mobile and Other Devices

 

  1. We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.

 

About Advertisements

 

Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:

  1. You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it. If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf.
  2. We do not give your content or information to advertisers without your consent.
  3. You understand that we may not always identify paid services and communications as such.

 

Special Provisions Applicable to Software

 

  1. If you download or use our software, such our app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
  2. You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

 

Termination

 

If you violate any of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of ProMe to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time.

 

WE TRY TO KEEP ProMe UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING ProMe AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ProMe WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT ProMe WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. ProMe IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR ProMe, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ProMe WILL NOT EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ProMe LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Users Outside the United States

 

We strive to respect local laws. The following provisions apply to users and non-users who interact with ProMe outside the United States:

  1. You consent to having your personal data transferred to and processed in the United States.
  2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on ProMe (such as advertising or payments) or operate a Platform application or website. You will not use ProMe if you are prohibited from receiving products, services, or software originating from the United States.

 

Links To Other Web Sites

 

Our Service may contain links to third-party web sites or services that are not owned or controlled by ProMe

 

ProMe has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ProMe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

Changes

 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 5 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

 

Misc.

 

ProMe is absolutely used at your own risk (as is), You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. We make no warranty or representation and disclaim all responsibility and liability for  the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the us or through the Services, will create any warranty or representation not expressly made herein.

 

it no way promises or guarantees athletic achievement of any amount. ProMe is not obligated to promote or assist any user. ProMe doesn’t promise any user to reach their next level whether be schools (K-12), regional, college or university or professional or any other level not listed here. ProMe doesn’t verify any user information entered by the user and ProMe is not responsible to verify user information for accuracy. All videos uploaded or posted, user stats, list of fans, number of “vote up”, entire user profile are visible to all registered users and at this time there are no privacy controls around this. All videos, posts, user stats are shareable and ProMe doesn’t promise any privacy on how other users or yourself choose to share outside or within ProMe. We will not pay or award of any kind to any top videos/posts or athletes ever. No user is required to pay to sign up or use this service.

 

We do not endorse nor support nor represent nor guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You may end your legal agreement with us at any time by deleting your accounts and discontinuing your use of the Services. The app's screenshot for the App Store may contain your name or picture. If you don't like to make that visible or removed please contact us immediately.

 

Contact Us

 

If you have any questions about these Terms, please contact us at Hello@ProMeSport.com