TERMS & CONDITIONS MUST BE ACCEPTED IN ORDER TO USE Prooflify.com

The following sets out the terms and conditions for the use of the Prooflify.com service and is an agreement between Prooflify.com and you (either an individual or a legal entity that you represent as an authorised employee or agent). By use of the Service, you agree to be bound by all of these terms and conditions (the “AGREEMENT”).

 

Privacy

 

Prooflify values the privacy of its users. Prooflify will not provide any information about its users and/or their traffic data to any third party company for any purpose, unless required to do so by law.

You will not associate (or permit any third party to associate) any data gathered from your Website(s) (or such third parties’ website(s)) with any personally identifying information from any source as part of your use (or such third parties’ use) of the Service.

You will comply with all applicable local and regional data protection and privacy laws relating to your use of the Service and the collection of information from visitors to your websites. You will have in place in a prominent position on your website (and will comply with) an appropriate privacy policy.

 

Cancellation

Prooflify may cancel or delete any account, for any reason, with or without notice. If you wish to cancel your account, you must notify Prooflify by email to support@prooflify.com. All information associated with the account, including the account itself as well as the historical data, will be permanently deleted

 

Payments

The service is billed one time. You can cancel your subscription at any time by contacting us, however, Prooflify does not offer refunds for any payments after 30 days of purchase. 

Ownership

Prooflify owns and has rights to all of the intellectual property rights in and to the software and services (including all improvements thereof). All suggestions, enhancements, requests, feedback or recommendations provided by You or any other party shall be owned by Prooflify.

 

Anti-Spam Policy

We do not tolerate the sending of unsolicited commercial message or “spam” (as defined on the Spamhaus website) using the Prooflify.com Service. Any customer found to be in violation of this policy will be subject to immediate suspension and account termination.

 

Prohibited Content

You must not use the Plugtalent.com system to send offensive content, promote anything illegal, or to harass anyone.

This includes:

  • That violate CAN-SPAM Laws

  • Offering to sell illegal goods or services

  • Pornography/sexually explicit content

 

Limitations of Liability

THE COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH.

THE COMPANY’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USAGE OF THE SERVICE SHALL NOT EXCEED £250.

 

Indemnification

You agree to indemnify, hold harmless and defend Prooflify, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Prooflify or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable legal fees) incurred by Prooflify or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorised use of the Script code. In such a case, Prooflify will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. Prooflify reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.


Compliance

You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

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