Terms & Conditions

 

AGREEMENT BETWEEN USER AND ProstoNY

The ProstoNY Web Site is comprised of various Web pages operated by ProstoNY.

The ProstoNY Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ProstoNY Web Site constitutes your agreement to all such terms, conditions, and notices. 

 

MODIFICATION OF THESE TERMS OF USE:

ProstoNY reserves the right to change the terms, conditions, and notices under which the ProstoNY Web Site is offered. You are responsible for regularly reviewing these terms and conditions.

 

Links to third party sites

Any links to third-party websites that may appear on this Site are provided only as a convenience to you and in no way imply any affiliation, sponsorship, endorsement, or acceptance of any information or views provided on those linked websites. ProstoNY does not monitor the linked websites for accuracy or content, and does not warrant the information contained thereon. The information provided on the linked websites and any warranty with regard thereto is solely the responsibility of the providers of that information. If you decide to access third-party websites through links from this Site, you do so at your own risk.

 

No Unlawful or Prohibited Use

 

As a condition of your use of the ProstoNY Web Site and service, you warrant to ProstoNY that you will not use the ProstoNY Web Site or service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ProstoNY Web Site or its associated service in any manner which could damage, disable, overburden, or impair the ProstoNY Web Site or interfere with any other party's use and enjoyment of the OTELO Web Site or its associated services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the ProstoNY Web Site.

 

Children

You may not use the Site if you are under thirteen (13) years of age.

Appropriate Conduct and Prohibited Uses (Use of Communication Services)

 

You agree that you are responsible for your own conduct and content while using ProstoNY and for any consequences thereof. You agree to use ProstoNY only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using the ProstoNY, you will not:

 

     defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

     upload, post, email or transmit or otherwise make available any inappropriate, defamatory, infringing, obscene, or unlawful content;

     upload, post, email or transmit or otherwise make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of the rights or have the permission of the owner to post such content;

    upload, post, email or transmit or otherwise make available messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms of Service or any applicable policies or guidelines.

    download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;

    impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;

    create user accounts by automated means or under false or fraudulent pretenses;

    promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;

    publish material that promotes hate toward groups based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity;

    publish people's private and confidential information, such as credit card numbers, Social Security Numbers, and driver's and other license numbers; or

    transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

International users agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to the United States or your country of residence.

 

ProstoNY has no obligation to monitor the Communication Services. However, ProstoNY reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ProstoNY reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. ProstoNY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ProstoNY sole

discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ProstoNY does not control or endorse the content,

messages or information found in any Communication Service and, therefore, specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ProstoNY spokespersons, and their views do not necessarily reflect those of ProstoNY. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO ProstoNY OR POSTED AT AProstoNY WEB SITE does not claim ownership of the materials you provide (including feedback and suggestions) or post, upload, input or submit to any ProstoNY Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ProstoNY, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. ProstoNY is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ProstoNY's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Liability Disclaimer

 

ProstoNY Sall not have any liabilty for any losses or damages, whether direct, indirect, incidental or consequential, and whether arising in tort (INCLUDING NEGLIGENCE), product liability, contract or otherwise, arising as a result of: (A) THIS AGREEMENT; (B) YOUR USE OF THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY; OR (C) UNAVAILABILITY, INACCURACY, LOSS OR DELETION OF THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, INABILITY TO USE THE WEBSITE, CONTENT, SERVICES OR ANY PRIVATE OR PUBLIC GALLERY, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS), EVEN IF YOU HAVE NOTIFIED ProstoNY IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.