terms & conditions
INTRODUCTION TO TERMS AND CONDITIONS
These terms and conditions apply between all Users of this Website (including but not limited to Members), and Promo Digital Media Group, the owner of this Website. Additionally, these terms and conditions apply to the use of and (where applicable) purchase of Promo Digital Media Group Products and Services, including but not limited to service subscriptions and the advertising with Promo Digital Media Group. Please read these terms and conditions carefully, as they affect your legal rights.
1. Acceptance of Terms
1.1 Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the Promo Digital Media Group Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.2 Promo Digital Media Group reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
1.3 If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
2. Intellectual property and acceptable use of Content
2.1 Content is available via Promo Digital Media Group and this Website on a free of charge basis and in consideration for a specified payment, as part of a Membership subscription and content included within the various products, articles, and sections of the Website although this list is non-exhaustive.
2.2 All Content included on the Website is the property of Promo Digital Media Group or our affiliates, licensees or other relevant third parties. By continuing to use the Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
2.3 Notwithstanding any other rights or remedies available to it, Promo Digital Media Group shall have the right to terminate any licence granted to any User, to terminate any Membership (where applicable) or block a User from the Website in the event of any breach by such User of any of the terms and conditions of this licence.
Without prejudice to any rights granted herein, Promo Digital Media Group reserves the right to amend, edit or abbreviate or take down any Content at our discretion.
2.4 Notwithstanding the above, were a User is paying for additional premium content (by way of example, as part of a Membership subscription) such Users acknowledge that their access to such Content is conditional upon payment in accordance with the payment methods set out on the Website before access to such Content is permitted, and no licence shall be granted until payment has been received in full for the relevant Content. For the avoidance of doubt, all one off fees payable for services shall be non-refundable, and the period of licence granted in such Content may only subsist for the duration of a Users Membership subscription.
2.5 Subject to clause 4 below, Users (whether in their capacity as Members or Users) are able to upload content or postings content at various places on the Website including via blogs, on the forums and comments sections, as well as the content they include on Member Profiles (“User Generated Content”) and in doing so Users grant to Promo Digital Media Group a free of charge, worldwide perpetual licence in all media in such User Content.
3. Prohibited use of the Site by Users
3.1 Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.
3.2 With regard the uploading, or posting of User Generated Content, and use of the site more generally, Users may not use the Website for any of the following purposes:
3.2.1 in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
3.2.2 in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
4. Availability of the Website and Disclaimers
4.1 The Website and Services are provided "as is" and on an "as available" basis. Promo Digital Media Group gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, Promo Digital Media Group provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Promo Digital Media Group is under no obligation to update information on the Website.
4.2 Whilst Promo Digital Media Group uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, Promo Digital Media Group give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
4.3 Promo Digital Media Group accepts no liability for any disruption or non-availability of the Website.
4.4 Promo Digital Media Group reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
5. Limitation of Liability
5.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
5.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
5.3 To the maximum extent permitted by law, Promo Digital Media Group accepts no liability for any of the following:
5.3.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
5.3.2 loss or corruption of any data, database or software;
5.3.3 any special, indirect or consequential loss or damage.
6. Third Party Content
6.1 This Website makes available certain Content that has not been created by Promo Digital Media Group either via hyperlinks which may take Users to websites not controlled or maintained by Promo Digital Media Group, or as hosted via the Website whether or not such Content is available free of charge, to Members only or for a fee, for example Partner Downloads, Member profiles and other materials posted by other Users on the Website blogs and forums ("Third Party Content") .
6.2 Any copying, distribution, reproduction, re-transmission, or modification of any of the Third Party Content or any information or materials appearing in such Third Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third Party Content.
6.3 Third Party Content is not the responsibility of Promo Digital Media Group, and Users acknowledge and confirm that Promo Digital Media Group has no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such Third Party Content and furthermore Promo Digital Media Group cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided. Nothing contained within Third Party Content necessarily represents the point of view of Promo Digital Media Group.
6.4 Promo Digital Media Group cannot and does not confirm each User's identity, whether or not they are a Member. Promo Digital Media Group allows Members to give access to information about themselves to other Members but does not control the information provided by Users or Members.
6.5 In the event that you have a dispute or issue with one or more of the other Users, you agree to unconditionally release Promo Digital Media Group (and our officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
7. Subscriptions and Refund Policy
Some of the Services offered on the Website require payment of fees ("Charged Services"). If you elect to sign up for Charged Services, you shall pay all applicable fees, as described on the Website in connection with such Charged Services selected by you. Promo Digital Media Group reserves the right to change its prices at any time. You authorize Promo Digital Media Group directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information that you provided while signing up for such Services.
Please note that according to internal agreements, Promo Digital Media Group is entitled to collect fees from Users on behalf of the Charged Services, to process any payments and/or refunds and/or take any billing actions as required in connection with the collection of the fees on behalf of the Charged Services.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay any such taxes that might be applicable to your use of the Services and payments made by you to Promo Digital Media Group.
All fees related to using Charged Services are charged automatically using the payment method as determined in the Website. If Promo Digital Media Group does not receive a request by the user, through the managed premium section under Promo Digital Media Group Website, for Charged Services termination you acknowledge and understand that Promo Digital Media Group will continue to charge you for the Charged Services as long as your account remains active regardless if the Charged Services are used or not.
If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the Charged Services will be automatically terminated. Your use of the Charged Services will not resume until you re-subscribe for any such Charged Services.
Users purchasing Charged Services shall pay any and all prices and fees due for such Services. All prices and fees are non-refundable unless otherwise expressly noted, even if such Charged Services are suspended, terminated, or transferred prior to the end of the Services term. Promo Digital Media Group expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at the Website and effective immediately without need for further notice to any user. Any changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, IF YOUR ORIGINAL SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU CANCEL YOUR SUBSCRIPTION PROMO DIGITAL MEDIA GROUP WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL, AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH PROMO DIGITAL MEDIA GROUP AT PROMO DIGITAL MEDIA GROUP’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. YOU MAY CANCEL YOUR SUBSCRIPTION FROM SUCH SERVICES PRIOR TO THE AUTOMATIC RENEWAL AT ANY TIME. IN SUCH EVENT THE SERVICES SHALL BE DISCONTINUED UPON THE EXPIRATION OF THE RESPECTIVE PERIOD YOU HAVE PAID FOR AND YOU SHALL NOT HAVE ANY CLAIMS TOWARDS PROMO DIGITAL MEDIA GROUP IN RELATION TO THE DISCONTINUATION OF THE SERVICES.
8. Ownership of Content
Promo Digital Media Group does not have the ability to determine the actual owner of content created and/or uploaded to the Website. Accordingly:
(i) in respect to content (such as websites, web pages and widgets) created and/or uploaded to the Website by a free User (and which Promo Digital Media Group has not been paid for), the owner of such content shall be considered as the Promo Digital Media Group User listed as the owner of the Promo Digital Media Group account under which the content has been created or uploaded to the Website;
(ii) in respect to websites created on Promo Digital Media Group 's Website and which have an external URL (i.e. a domain name imported or purchased as part of a "Premium Upgrade"), Promo Digital Media Group shall consider the owner of such website as the person or entity registered as the owner of the domain according to the WHOIS database as provided on the www.whois.net website. To remove any doubt, the identity of the person or entity that has paid Promo Digital Media Group for the Charged Services shall not be considered by Promo Digital Media Group as creating any ownership or other rights in or in relation to such website; Promo Digital Media Group shall not provide any information and/or details regarding any content created or uploaded to the Website other than to the owners of such content as determined above.
9. Cancellation & Money Back
The Promo Digital Media Group Charged Services are provided on a prepay basis. Promo Digital Media Group users may decide to discontinue their use of any Charged Services at any time. Such cancellation is done by the request to Promo Digital Media Group. The date and time of any cancellation of the use of any Charged Services shall be the date and time on which Promo Digital Media Group has completed the cancellation process on the Website.
Promo Digital Media Group will only refund you according to your Money Back guarantee Policy. Promo Digital Media Group offers a 14-day money back guaranty after the payment date ("guarantee Period"). In case you are not satisfied with any of the Charged Services you have acquired and you have provided a cancellation notice, you can submit a refund request in accordance with our Money Back guarantee Policy, as amended from time to time, within the guarantee Period in order to receive full refund.
Promo Digital Media Group will not refund any amounts paid after the elapse of the guarantee Period (14 days after the payment date).
If you have your ad account, created trough Promo Digital Media Group, suspended by Google, Bing or Facebook for not following the advertising policies, we understand that you have decided to take a risk on your own and no change in your ads / sites / account may be recommended, since the decision of suspending the account will always be the end.
We recommend not to open new accounts, as we will suspend any newly created accounts immediately and will not return the deposited amount.
Although we are not satisfied with the frustrations and disruptions that this may cause, following the rules and policies of advertising is something obligatory and should be followed. As stated in the Advertising Terms and Conditions, Promo Digital Media Group reserves the right to refuse any advertisement or suspend advertising campaigns when it deems necessary.
YOU ACKNOWLEDGE THAT CERTAIN SERVICES PURCHASED ON OR THROUGH THE WEBSITE (INCLUDING PURCHASE OF APPLICATIONS) MAY BE NON-REFUNDABLE. THE TERMS OF EACH PURCHASED SERVICE OR APPLICATION ARE INDICATED IN THE WEBSITE AND / OR THE PART OF OR DURING THE PROCESS OF PURCHASING SUCH SERVICES OR APPLICATION. IT IS YOUR OBLIGATION TO VERIFY YOUR ABILITY TO CANCEL A PRIOR SERVICE TO PURCHASING ANY CHARGED SERVICE. PROMO DIGITAL MEDIA GROUP WILL NOT REFUND ANY AMOUNTS PAID FOR NON-REFUNDABLE CHARGED SERVICES.