Please review these terms and conditions of use carefully before using
Poroyals's web properties, including Poroyal.com.
This document states the terms and conditions
(“Terms”) upon which Poroyal.com. (“we” or “us”) will provide service to you on
its website Poroyal.com (the “Website”). These Terms constitute a contractual
agreement between you and us. By visiting, accessing, using, and/or joining
(collectively “using”) the Website, you express your understanding and
acceptance of these Terms. As used in this document, the terms “you” or “your”
refers to you, any entity you represent, your or its representatives,
successors, assigns and affiliates, and any of your or their devices. If you do
not agree to be bound by these Terms, navigate away from the Website and cease
using it.
1. Eligibility
You must be at least eighteen (18) years of age to use the Website, unless
the age of majority in your jurisdiction is greater than eighteen (18) years of
age, in which case you must be at least the age of majority in your
jurisdiction. Use of the Website is not permitted where prohibited by law.
2. Grant of Use
We grant you a non-exclusive, non-transferable and limited right to access,
non-publicly display, and use the Website, including all content available
therein (the “Content”) on your computer or mobile device consistent with these
Terms.
This grant is terminable by us at will for any reason and at our sole
discretion, with or without prior notice. Upon termination, we may, but shall
not be obligated to: (i) delete or deactivate your account, (ii) block your
e-mail or otherwise terminate your use of and ability to use the Website,
and/or (iii) remove and/or delete any of your User Submissions (defined below).
You agree not to use or attempt to use the Website after said termination. Upon
termination, the grant of your right to use the Website shall terminate, but
all other portions of these Terms shall survive. You acknowledge that we are
not responsible to you or any third party for the termination of your grant of
use.
3. Intellectual Property
The Content on the Website, excluding User Submissions and Third Party
Content (defined below), but including other text, graphical images,
photographs, music, video, software, scripts and trademarks, service marks and
logos contained therein (collectively “Proprietary Materials”), are owned by
and/or licensed to us. All Proprietary Materials are subject to copyright,
trademark and/or other rights under the laws of applicable jurisdictions,
including domestic laws, foreign laws, and international conventions. We
reserve all our rights over our Proprietary Materials.
Except as otherwise explicitly permitted, you agree not to copy, modify,
publish, transmit, distribute, participate in the transfer or sale of, create
derivative works of, or in any other way exploit, in whole or in part, any
Content.
4. User Submissions
You are entirely responsible for any and all materials you upload, submit or
otherwise make available via the Website, including videos or any other
communications or profile information (collectively, “User Submissions”). User
Submissions cannot always be withdrawn. You acknowledge that any disclosure of
personal information in User Submissions may make you personally identifiable
and that we do not guarantee any confidentiality with respect to User
Submissions.
You shall be solely responsible for any and all of your own User Submissions
and any and all consequences of positing, uploading, publishing or otherwise
making them available.
For any of your User Submissions, you affirm, represent
and/or warrant that:
(a) You own or have the necessary licenses, permissions, rights or consents
to use and authorize us to use all trademarks, copyrights, trade secrets or
other proprietary rights in and to User Submissions for any and all uses
contemplated by the Website and these Terms;
(b) You will not post, or allow anyone else to post, any material that
depicts any individual under the age of eighteen (18) years and that you have
inspected and are maintaining written documentation, pursuant to United States
law18 U.S.C. § 2257 (whether you are subject to United States law or not) and
other analogous, relevant and/or applicable laws, to confirm that all
individuals in your User Submission are, in fact, over the age of eighteen (18)
years; and
(c) You have written consent, release, and/or permission from each and every
identifiable individual in the User Submission to use the name and/or likeness
of each and every such identifiable individual to enable use of the User
Submission for any and all uses contemplated by the Websites and these Terms.
You further agree that you shall not submit material that:
(d) Is copyrighted, protected by trade secret or trademark laws, or
otherwise subject to third party proprietary rights, including privacy and
publicity rights, unless you are the owner of such rights or have explicit
permission from the rightful owner to submit the material and to grant us all
of the license rights granted herein;
(e) Is obscene, vulgar, illegal, unlawful, defamatory, fraudulent, libelous,
harmful, harassing, abusive, threatening, invasive of privacy or publicity
rights, hateful, racially or ethnically offensive, inflammatory, or otherwise
inappropriate as decided by us in our sole discretion;
(f) Depicts illegal activities, promotes or depicts physical harm or injury
against any group or individual, or promotes or depicts any act of cruelty to
animals;
(g) Impersonates any person or entity or otherwise misrepresents you in any
way, including creating a false identity;
(h) Would constitute, encourage or provide instructions for a criminal
offense, a violation of the rights of any party, or that would otherwise create
liability or violate any local, state, national or international law; or
(i) Is unsolicited or unauthorized advertising, promotion, “spam” or any
other form of solicitation.
We claim no ownership or control over User Submissions or Third Party
Content. You or a third party licensor, as appropriate, retain all copyrights
to User Submissions and you are responsible for protecting those rights as
appropriate. You irrevocably grant us a world-wide, non-exclusive,
royalty-free, perpetual, non-cancelable, sub-licenseable license to reproduce,
publicly perform, publicly display, distribute, adapt, modify, publish,
translate, create derivative works of and otherwise exploit User Submissions
for any purpose, including without limitation any purpose contemplated by the
Website and these Terms. Furthermore, you also grant other users of the Website
a right and license to display, stream and download User Submissions in
connection with their use of the Website and for other personal use. You also
irrevocably waive and cause to be waived against us and any of our users any
claims and assertions of moral rights or attribution with respect to User
Submissions.
You represent and warrant that you have all the rights, power and authority
necessary to grant the rights granted herein to User Submissions.
Specifically,
you represent and warrant that you own the title to the User Submissions, that
you have the right to upload the User Submissions to the Website, and that
uploading the User Submissions will not infringe upon any other party’s rights
or your contractual obligations to other parties.
You acknowledge that we may at our sole discretion refuse to publish,
remove, or block access to any User Submission for any reason, or for no reason
at all, with or without notice.
Without limiting the other indemnification provisions herein, you agree to
defend us against any claim, demand, suit or proceeding made or brought against
us by a third-party alleging that your User Submissions or your use of the
Website in violation of these Terms infringes or misappropriates the
intellectual property rights of any third-party or violates applicable law and
you shall indemnify us for any and all damages against us and for reasonable
attorney’s fees and other costs incurred by us in connection with any such
claim, demand, suit or proceeding.
5. Content on the Website
You understand and acknowledge that, when using the Website, you will be
exposed to content from a variety of sources including content made available
on the Website by other users and through automated or other means
(collectively, “Third Party Content”) and that we do not control and are not
responsible for any Third Party Content. You understand and acknowledge that
you may be exposed to content that is inaccurate, offensive, indecent or
otherwise objectionable or may cause harm to your computer systems and, without
limiting the other limitation of liability provisions herein, you agree to
waive, and hereby do waive, any legal or equitable rights or remedies you may
have against us with respect thereto.
We claim no ownership or control over Third Party Content. Third parties
retain all rights to Third Party Content and they are responsible for
protecting their rights as appropriate.
You understand and acknowledge that we assume no responsibility whatsoever
for monitoring the Websites for inappropriate content or conduct. If at any time
we choose, in our sole discretion, to monitor such content, we assume no
responsibility for such content, have no obligation to modify or remove any
such content (including User Submissions and Third Party Content), and assume
no responsibility for the conduct of others submitting any such content
(including User Submissions and Third Party Content).
Without limiting the provisions below on limitations of liability and
disclaimers of warranties, all Content (including User Submissions and Third
Party Content) on the Website is provided to you “AS-IS” for your information
and personal use only and you shall not use, copy, reproduce, distribute,
transmit, broadcast, display, sell, license or otherwise exploit for any other
purpose whatsoever the Content without the prior written consent of the
respective owners/licensors of the Content.
You acknowledge that we may at our sole discretion refuse to publish,
remove, or block access to any Content for any reason, or for no reason at all,
with or without notice.
6. User Conduct
You represent and warrant that all the information and content provided by
you to us is accurate and current and that you have all necessary rights, power
and authority to (i) agree to these Terms, (ii) provide the User Submissions to
us, and (iii) perform the acts required of you under these Terms.
As a condition of your use of the Website:
(a) You agree not to use the Websites for any unlawful purpose or in any way
that is prohibited by these Terms;
(b) You agree to abide by all applicable local, state, national and
international laws and regulations;
(c) You agree not to use the Websites in any way that exposes us to criminal
or civil liability;
(d) You agree that you are solely responsible for all acts and omissions
that occur as a result of your use of the Website;
(e) You agree that all your User Submissions that you provide to us belongs
to you and that you have the right and authority to provide it to us;
(f) You agree to maintain the security of your login password and to be
fully responsible for any and all use of your account;
(g) You agree not to use or attempt to use any other party’s account on the
Websites without authorization;
(h) You agree not to use any automated means, including robots, crawlers or
data mining tools, to download, monitor or use data or Content from the
Website;
(i) You agree not to use the Website to collect usernames and/or e-mail
addresses for sending unsolicited messages of any kind;
(j) You agree not to take any action that imposes, or may impose, in our sole
discretion, an unreasonable or disproportionately large load on our technology
infrastructure or otherwise make excessive demands on it;
(k) You agree not to “stalk” or otherwise harass anyone on or through the
Website;
(l) You agree not to forge headers or otherwise manipulate identifiers in
order to disguise the origin of any information you transmit;
(m) You agree not to disable, circumvent, or otherwise interfere with
security related features of the Website or features that prevent or restrict
use or copying of any content or which enforce limitations on the use of the
Website or the content therein;
(n) You agree not to post, link to, or otherwise make available on the
Website any material that contains software viruses or any computer code, file or
program designed to interrupt, destroy, limit or monitor the functionality of
any computer software or hardware or any telecommunications equipment;
(o) You agree not to license, sublicense, sell, resell, transfer, assign,
distribute or otherwise in any way commercially exploit or make available the
Website or any Content to any third party;
(p) You agree not to “frame” or “mirror” the Website; and
(q) You agree not to reverse engineer any portion of the Website.
We reserve the right to take appropriate action against any user for any
unauthorized use of the Website, including civil, criminal and injunctive
redress and the termination of any user’s use of the Website. Any use of the
Website and our computer systems not authorized by these Terms is a violation
of these Terms and certain international, foreign and domestic criminal and
civil laws.
7. Embeddable Player
We may, from time to time in our sole discretion, provide an “Embeddable
Player” feature which you may use consistent with these Terms. You may only
incorporate the Embeddable Player into your own personal, non-commercial
websites for use in accessing materials on the Website. Anytime you use the
Embeddable Player, you must include a prominent hyperlink on the page
containing the Embeddable Player back to the Website. You may not build upon or
alter any portion of the Embeddable Player in any way.
8. Fees
You acknowledge that we reserve the right to charge for any or all of our
services and to change our fees from time to time in our sole discretion. If at
any time we terminate your rights to use the Website because of a breach of
these Terms, you shall not be entitled to a refund of any portion of your fees.
In all other respects, such fees shall be governed by additional rules, terms,
conditions or agreements posted on the Website and/or imposed by any sales
agent or payment processing company, as may be amended from time to time.
9. Privacy Policy
We
retain a separate Privacy Policy and your assent to these Terms also signifies
your assent to the Privacy Policy. We reserve the right to amend the Privacy
Policy at any time by posting such amendments to the Website. No other
notification may be made to you about any amendments. Your continued use of the
Website following such amendments will constitute your acceptance of such
amendments, regardless of whether you have actually read them.
10. Copyright Claims
We respect the intellectual property rights of others. You may not infringe
the copyright, trademark or other proprietary informational rights of any
party. We may in our sole discretion remove any Content we have reason to
believe violates any of the intellectual property rights of others and may
terminate your use of the Website if you submit any such Content.
Repeat Infringer Policy. As part of our
repeat-infringement policy, any user for whose MATERIAL we receive three
good-faith and effective complaints within any contiguous three-month period
will have his grant of use of the Websites terminated.
Although we are not subject to United States law, we voluntarily comply with
the Digital Millennium Copyright Act. Pursuant to Title 17, Section 512(c)(2)
of the United States Code, if you believe that any of your copyrighted material
is being infringed on the Website, we have designated an agent to receive
notifications of claimed copyright infringement. Notifications should be
e-mailed to poroyal.web@gmail.com.
All notifications not relevant to us or ineffective under the law will
receive no response or action thereupon. An effective notification of claimed
infringement must be a written communication to our agent that includes
substantially the following:
(a) Identification of the copyrighted work that is believed to be infringed.
Please describe the work and, where possible, include a copy or the location
(e.g., a URL) of an authorized version of the work;
(b) Identification of the material that is believed to be infringing and its
location. Please describe the material and provide a URL or any other pertinent
information that will allow us to locate the material on the Website;
(c) Information that will allow us to contact you, including your address,
telephone number and, if available, your e-mail address;
(d) A statement that you have a good faith belief that the use of the
material complained of is not authorized by you, your agent or the law;
(e) A statement that the information in the notification is accurate and
that under penalty of perjury that you are the owner or are authorized to act
on behalf of the owner of the work that is allegedly infringed; and
(f) A physical or electronic signature from the copyright holder or an
authorized representative.
11. Modification of These Terms
We reserve the right to amend these Terms at any time by posting such
amended Terms to the Website. No other notification may be made to you about
any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE
FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS,
REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
12. Indemnification and Release
You hereby agree to indemnify us and hold us harmless from any and all
third-party claims and expenses, including attorney’s fees, arising from your
use of the Website or from your breach of these Terms.
In the event that you have a dispute with one of more other users or any
third parties, you hereby release us, our officers, employees, agents and
successors-in-right from claims, demands and damages (actual and consequential)
of every kind or nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to such
disputes and/or the Website.
13. Disclaimer of Warranties and Limitations of Liabilities
READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW.
The Website may contain links to third-party websites which are independent
of us. We assume no responsibility for the content, privacy policies, or
practices of and make no representation or warranty as to the accuracy,
completeness or authenticity of information contained in any third party
websites. We have no right or ability to edit the content of any third party
websites. You acknowledge that we shall not be liable for any and all liability
arising from your use of any third party websites.
The Website is provided “AS-IS” and without any warranty or condition,
express, implied or statutory.We specifically disclaim to the fullest extent
any implied warranties of merchantability, fitness for a particular purpose,
non-infringement, information accuracy, integration, interoperability or quiet
enjoyment. We disclaim any warranties for viruses or other harmful components
in connection with the Websites. Some jurisdictions do not allow the disclaimer
of implied warranties, therefore in such jurisdictions, some of the foregoing
disclaimers may not apply to you insofar as they relate to such implied
warranties.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE
WEBSITE, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE,
MISUSE OR INABILITY TO USE THE WEBSITE, (ii) YOUR RELIANCE ON ANY CONTENT ON
THE WEBSITE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR
COMPLETE DISCONTINUANCE OF THE WEBSITE OR (iv) THE TERMINATION OF SERVICE BY
US.THESE LIMITATIONS ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF
OTHER SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH THE
WEBSITE. SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS OF LIABILITY,
THEREFORE IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT
APPLY TO YOU.
WE DO NOT WARRANT THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET
YOUR REQUIREMENTS OR EXPECTATIONS, OR (v) ANY ERRORS IN CONTENT WILL BE
CORRECTED.
ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN
DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE
WEBSITE OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE
WEBSITE. IN NO CASE SHALL THE MAXIMUM LIABILITY OF US ARISING FROM OR RELATING
TO YOUR USE OF THE WEBSITES EXCEED THE AMOUNT PAID BY YOU TO US BY YOU PURSUANT
TO THESE TERMS.
14. General Terms
(a) These Terms, as amended from time to time, constitute the entire
agreement between you and us and supersede all prior agreements between you and
us and may not be modified without our written consent.
(b) Our failure to enforce any provision of these Terms will not be
construed as a waiver of any provision or right.
(c) If any part of these Terms is determined to be invalid or unenforceable
pursuant to applicable law, then the invalid and unenforceable provision will
be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall
continue in effect.
(d) Nothing herein is intended, nor will be deemed, to confer rights or
remedies upon any third party.
(e) These Terms are not assignable, transferable or sub-licensable by you
except with our prior written consent, but may be assigned or transferred by us
without restriction.
(f) You agree that we may provide you with notices by e-mail, regular mail,
or postings to the Website.
(g) The section titles in these Terms are for convenience only and have no
legal or contractual effect.
(h) As used in these Terms, the term “including” is illustrative and not
limitative.
(i) If this agreement is translated and executed in any language other than
English and there is any conflict as between the translation and the English
version, the English version shall control.