A. You understand that Prawduck does not control, and is not responsible for ads, messages, comments, files, images, photos, video, sounds, or any other material ("Content") made available through the website, and that by using the website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Prawduck site and Content available through the website may contain links to other websites, which are completely unrelated to Prawduck. Prawduck makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such site. Your linking to any other websites is completely at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Prawduck be liable in any way for Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service You acknowledge that Prawduck does not pre-screen or approve Content, but that Prawduck will have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the spirit of the site or the Terms or for any other reason.
B. You shall be solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with Content posted on, transmitted through, or linked from the Service by you, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Prawduck to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the website and these Terms. For clarity, you retain all of your ownership rights in your Content. However, by submitting the Content to Prawduck, you hereby grant Prawduck a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Prawduck website and Prawduck' (and its successors') business, including without limitation for promoting and redistributing part or all of the Prawduck website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Prawduck website a non-exclusive license to access your Content through the website. The foregoing license granted by you terminates once you remove or delete Content from the Prawduck website.
C. Prawduck does not endorse any content or any opinion, recommendation, or advice expressed therein, and Prawduck expressly disclaims any and all liability in connection with user Content. Prawduck does not permit copyright infringing activities and infringement of intellectual property rights on its website, and Prawduck will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Prawduck reserves the right to remove Content without prior notice. Prawduck will also terminate a user's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the website more than twice. Prawduck reserves the right to decide whether Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Prawduck may remove such Content and/or terminate a user's access for uploading such material in violation of these Terms at any time without prior notice and at its sole discretion.
You agree not to post, email, or otherwise make available content:- that violates any law;
If you are a copyright owner or an agent thereof and believe that any user Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Prawduck to locate the material;
4. Information reasonably sufficient to permit Prawduck to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
By using this website you acknowledge and agree that Prawduck may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (for example phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Prawduck, its users or the general public.
The materials on the Prawduck website, except all user Content (as defined above), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Prawduck, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Prawduck reserves all rights not expressly granted in and to the website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of user Content of third parties obtained through the website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Prawduck website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Prawduck website or the Materials therein.
You understand that when using the Prawduck website, you will be exposed to Content from a variety of sources, and that Prawduck is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Prawduck with respect thereto.
You agree to defend, indemnify and hold harmless Prawduck, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your use of and access to the Prawduck website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defence and indemnification obligation will survive these Terms and your use of the Prawduck website.
You understand and agree that sending unsolicited email advertisements to Prawduck email addresses or through Prawduck computer systems is expressly prohibited by these Terms. Any unauthorized use of Prawduck computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
Prawduck shall not be liable for your interactions with any organizations and/or individuals found on the website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals.
You agree that Prawduck shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Prawduck is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Prawduck, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
You agree that Prawduck has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Prawduck reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Prawduck shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Prawduck, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Prawduck believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Prawduck shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
YOU EXPRESSLY AGREE THAT USE OF THE Prawduck SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE Prawduck SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, Prawduck, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Prawduck MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Prawduck WEBSITE. Prawduck DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Prawduck WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Prawduck WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL Prawduck, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Prawduck HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Prawduck SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Prawduck SITE OR THE SERVICE, FROM INABILITY TO USE THE Prawduck SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Prawduck SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Prawduck SITE OR THE SERVICE OR ANY LINKS ON THE Prawduck SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Prawduck SITE OR THE SERVICE OR ANY LINKS ON THE Prawduck SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT Prawduck SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Prawduck website is controlled and offered by Prawduck from its facilities in the United States of America. Prawduck makes no representations that the Prawduck Website is appropriate or available for use in other locations. Those who access or use the Prawduck Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Prawduck without restriction.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Prawduck website is not intended for children under 13. If you are under 13 years of age, then please do not use the Prawduck website -there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
By publishing an ad in Prawduck, the user understand and agrees that the ads and content are public and accessible by any third party and that they may appear in results of search engines (such as Yahoo!, MSN, Google, AltaVista, and other search engines) and in the cache of those search engines, in feeds and other web sites by co-branding agreements and that it is the sole responsibility of each of those search engines, web sites or RSS web feed resources to maintain updated their indexes and their cache and to remove content or ads from their indexes and their cache being impossible for Prawduck to influence or correct such ads or contents. Prawduck shall not be liable for the information published in the result of the searches or by any other web site that have include in their servers the ads or contents of the user of Prawduck.
Prawduck is not responsible for any specials of promotion that a Follower loose due to a technical failure.
Prawduck will not share Followers information such as name and/or email with third party companies including the business or activities they are following.
If a Follower wants to cancel its subscription on Prawduck it has to send and email asking for so to email@example.com.