• ACCESS TO THE SITE AND SERVICES
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the Site, its Services, any underlying technology used in connection therewith, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the "Content") available within the Site are protected by U.S. Copyright and Trademark laws. Except as expressly authorized by PD or any relevant third parties, or as may be posted on the Site, you shall not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Services, in whole or in part. You shall not store any of the Content or the Services owned by or licensed to PD in any form, whether archival files, computer-readable files, or via any other medium. You also shall not "mirror" or reverse engineer any Content or the Services on any other server. We permit you to download and print a reasonable number of copies of Content for non-commercial or personal use only; provided that (i) any permitted copies of Content contain, in an unmodified form, any copyright or other proprietary rights notices contained in the Content and an original source attribution to the Site and the applicable URL, and (ii) no modifications of any of the Content are made except as may be expressly provided by PD or any relevant third parties on the Site containing the applicable Content. You acknowledge that PD and/or any relevant third parties remain the owners of the Content and that you do not acquire any intellectual property rights in such Content by downloading or printing the Content.
Notwithstanding stated above, PD hereby transfers and assigns to you the entire right, title and interest of PD in and to all intellectual property made, discovered, invented, authored, created, developed, originated or conceived by PD for you, solely or jointly, during the period of Services provision (the “Creations”) after you fulfill all your obligations towards PD.
You covenant and agree that you shall not provide any information, data, software, tools and other materials in which a third party has a proprietary interest for use in the Service provision and/or inclusion in the Creations unless such third party intellectual property is properly licensed for such use.
OFFENSIVE CONDUCT POLICY
We wish for all of our Users to have a pleasant experience while visiting this Site. Accordingly, the use of hateful, offensive, profane, racist, sexist, vulgar, or otherwise inappropriate conduct or language on this Site is not permitted and will not be tolerated. Additionally, we will not perform Services for any User whose content includes, promotes or distributes material reasonably considered to be illegal as well as content which promotes terrorism, hate crimes, or other objectionable material. PD does not permit the posting or publication of material that contains pornography, abuse, dangerous or illegal activities, terrorism, hate crimes, or any other objectionable or illegal material. PD reserves the right to refuse service to anyone posting or publishing such materials without notice or further justification. PD reserves the right to reject, remove, or otherwise exclude any such language from use on this Site. Moreover, PD reserves the right to prevent any User who is in violation of these T&C from making future postings on this Site.
DISCLAIMER OF WARRANTY
THE USER AGREES THAT, EXCEPT AS OTHERWISE MIGHT BE EXPLICITLY PROVIDED HEREIN, ACCESS TO THE SITE, AND USE OF THE SERVICES IS AT THE USER’S OWN RISK. NEITHER PD NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AFFILIATES, OR AGENTS (THE “REPRESENTATIVES”) WARRANT THAT THE SERVICES MAY BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY, OR CONTENT OF THE SERVICES. ALL SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL PD OR ITS REPRESENTATIVES BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF PD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THE USER’S USE OF OR INABILITY TO ACCESS THE SITE, OR TO USE ANY OTHER SERVICES, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PD’S RECORDS, PROGRAMS, OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES PD’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, NOT TO EXCEED THE AMOUNT PAID FOR THE SERVICES.
NOTHING IN THESE T&C SHALL AFFECT THE STATUTORY RIGHTS OF ANY USER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD ON THE PART OF PD.
You agree to indemnify and hold PD and its Representatives, harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of information submitted by, posted to, emailed, or otherwise transmitted by you through the Site, your use of the Services, your connection to the Services, or your breach of these T&C.
All inquiries into alleged trademark or copyright infringement on the Site or its Services should be directed to PD or ProntoDigital, LLC, 4514 W Shenandoah Cir, Fort Wayne, IN, USA.
LOCAL LAWS; EXPORT CONTROL
PD controls and operates this Site from its headquarters in the United States and makes no representation that the Content, the Services and the Creations are appropriate or available for use in other locations. If you use this Site and its Services from other locations, you are responsible for compliance with applicable local laws, including, but not limited to, export and import regulations of other countries. PD also disclaims responsibility for any User attempting to do business with this Site from countries with which the United States has specifically banned trade and commerce, such as Cuba, Iraq, Syria and others as listed on the U.S. Department of State’s website. PD will not provide any Services for a User domiciled or doing business from any barred country. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site and the Services comply with the laws of the United States.
By accessing the Site, you agree to the above stated T&C. This agreement is entered into in the State of Indiana and shall be construed in accordance with the laws of the State of Indiana, exclusive of its choice of law rules. Each party to these T&C submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the State of Indiana, Allen County, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these T&C, the prevailing party will be entitled to court costs and reasonable attorneys’ fees. In the event that any provisions of these T&C are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these T&C shall otherwise remain in full force and effect. These T&C and any posted guidelines or rules applicable to this Site and the Services subject to this agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled. Please report any violations of these T&C through our contact form.
We reserve the right to refuse to work on any project, without the need for providing justification therefore. We will not provide Services for any project or potential Client for content which is offensive, illegal or which contains illicit or infringing material.
Client is fully responsible for the provision, exploitation, maintenance and use of all content, provided by him, including, but not limited to, issues related to:
• correspondence of Client's content to provisions of laws about copyright protection of all applicable jurisdictions;
• any claims, related to the content;
• immediate reaction for notices to Client (or affiliated persons) by any person, claiming that Client's content is infringing the rights of such person.
Client shall indemnify and hold PD and its Representatives harmless from any losses, claims, obligations or other liabilities related to or arising out of the foregoing.
CONSENT TO RECORDING OF CONVERSATIONS
We inform you that any conversation you have with any Representative of PD may be monitored and recorded for quality assurance purposes. If you do not wish to have a conversation recorded you must alert such Representative to cease recording the conversation. Your continued participation in a conversation without expressly requesting for the conversation not to be recorded shall serve as your express consent to have the conversation monitored and recorded.