Terms of Services
Please read carefully before making any purchase.
Welcome to the Promovgram. content streaming platform operated by Promovgram company, consisting of the website available at the URL https://promovgram.com, and all related services, software applications and products that allow for the authorized streaming and distribution of content over the internet.
If you are entering these Terms on behalf of a corporation or any other legal entity, you hereby represent that you have the authority to bind such entity with these Terms. If you are entering into these Terms as an individual, you hereby confirm that you are more than 18 years of age. If you are under such age, you confirm that you possess legal parental or guardian consent to obligate to these Terms. As used herein, "you" and "your" refer to you or the entity on behalf of which you are acting, as applicable.
Right to Use the Services
Subject to these Terms, Promovgram is granting you the right to access and use the Services for your personal use.
You shall not:
(a) access or use all or any part of the Services in order to build or create a product or service which is similar to, or which competes with, the Services;
(b) use the Services in any manner that damages, disables, overburdens, or impairs the Services, or Promovgram's systems or servers, or the cloud or other platform on which the Services operates;
(c) use the Services in any manner that is unlawful or prohibited or in violation of these Terms and/or any applicable law or regulation.
As the Services allows you for the broadcasting, distributing, posting and/or publishing Your User Content (as defined below) to certain third-party platforms you explicitly connect, and connecting your media / social network accounts in such Third Party Platform/s to the Service, you hereby acknowledge that by doing so you are bound be by the agreements, terms and policies of such Third Party Platforms, and you agree and undertake to comply in full at all times with such agreements, terms and policies. Promovgram shall not be responsible or liable for any breach by you of the agreements, terms and policies of any Third Party Platforms.
In order for you to use the Services, you acknowledge and agree for the Services to access on your behalf to your accounts on such Third Party Platforms, and to perform actions on your behalf (such as, but not limited to, "connecting", "broadcast", "posting" or "sharing"), to or on your accounts on such Third Party Platforms.
Registration to the Services
You are required to sign up to the Services in order to use the Services.
The sign-up process may require you to provide certain information regarding, but not limited to, your name, email address, your telephone number, credit card number and billing information, and other information. Promovgram reserves the right to terminate the account or refuse any or all use of the Services by you if registration information submitted seems or proves to be false, inaccurate or incomplete. The sign-up process and use of the Services also require you to provide us with the credentials to your accounts in the Third Party Platforms in or to which you would like to broadcast, distribute, post and/or publish Your User Content (as defined below) through the Services.
Registration of more than one account per individual or organization is not permitted without prior written approval of Promovgram, and automatic generation of multiplied accounts by individuals or organizations is restricted.
You confirm that you shall own all rights, title and interest (or have the full applicable rights of use) in and to all the content you stream through the Services (including on or to any Third Party Platforms), and shall have the exclusive responsibility and liability for Your User Content, including without limitation, for the legality, reliability, authenticity, integrity, accuracy, content, completeness, availability and quality of Your User Content.
You will not stream content that:
(i) is unlawful, harmful, threatening, violent, defamatory, offensive, obscene, infringing, harassing or racially or ethnically offensive;
(ii) facilitates or relates to illegal activity;
(iii) depicts sexually content such as pornography materials;
(iv) promotes or relates to unlawful violence;
(v) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity;
(vi) causes or may cause damage or injury to any person or property; (vii) contains commercial ads or marketing materials;
(vii) is not Your User Content or content that you don’t own or have the rights with respect thereto.
You shall remain exclusively responsible for all acts or omissions in connection with Your User Content. Promovgram does not control or monitor, and is not responsible in any way for any of Your User Content, including without limitation with respect to the legality, reliability, authenticity, integrity, accuracy, content, completeness, availability and quality thereof, and reserves the right, to its discretion, to remove any content from Your User Content, which deems to be in violation with these Terms, and take any action it deems appropriate, including disabling, suspending or terminating any or all use of the Services
Without derogating from anything herein, you confirm and obligate that you have and will legally acquire/d and/or own all right, title and interest, in and to all of Your User Content and that you have and will have the right to use, distribute, provide Promovgram, and transmit through the Services, Your User Content. You hereby give your consent to Promovgram, and grant it with a worldwide, royalty-free, and non- exclusive license, to scan and collect Your User Content, and store Your User Content in Promovgram's servers, third party's external servers or cloud services on which the Services operates, to use Your User Content in order to provide and allow you to use the Services and in any other manner detailed herein.
Charges and Payments
The Services (or certain features thereof) are subject to your payment of applicable fees. Unless otherwise is explicitly agreed between you and Promovgram, the fees for the Services shall be as stated in Promovgram's then current price list appears on its website. Promovgram reserve its right to change in the future the certain features of the Services which are currently included in subscriptions, upon prior written notice to its users.
You acknowledge that Promovgram uses third party cloud infrastructure services in order to provide the Services, and you agree that Promovgram is not and shall not be responsible for the availability, performance or security of any such external third party services or resources, and it shall not be held liable for any loss or damage (including loss of data and/or loss of profits), which may be incurred by you, as a result of the lack of availability of, the interruptions or errors in the performance of, and any other problem in those external third-party services or resources, or as a result of the lack of availability of, the interruptions or errors in the performance of, and any other problem in the Services provided through such external third party services or resources.
Promovgram owns and retains at all times all title, rights and/or interest, including any intellectual property rights of any kind, in and to the Services (and any part thereof), including any enhancements, modifications, upgrades, updates, analyses, derivatives, and work products thereof or therefrom.
YOU HEREBY CONSENT AND ACKNOWLEDGE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. PROMOVGRAM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, TO THE FULLEST EXTENT PERMITTED BY LAW. THE SERVICES ARE PROVIDED AS-IS AND PROMOVGRAM PROVIDES NO REPRESENTATIONS AND/OR WARRANTIES IN CONNECTION WITH THE SERVICES, INCLUDING AS TO ACCURACY OR COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Without derogating from the above Promovgram disclaims and shall have no liability for and assumes no liability or responsibility whatsoever for:
(1) any and all damages or loss of any kind;
(2) any bugs, viruses, trojan horses, malware or the like which may be transmitted to or through the services or through the actions of any third party;
(3) any mistakes, or inaccuracies of content;
(4) any interruption of the services;
(5) any unauthorized access to or use of servers used by Promovgram in connection with the services including third-party servers
(6) any unauthorized access to any and all Personal Identifiable Information;
(7) any and all of your user content;
(8) any products or service advertised or offered by a third party including through the services or any hyperlinked website or featured in any banner or other advertising, and any transaction between you and third-party providers of products or services, all including in connection with Third Party Platforms.
Limitations of Liability
WITHOUT DEROGATING FROM THE FOREGOING, IN NO EVENT WILL PROMOVGRAM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS AND/OR BUSINESS, CUSTOMERS AND/OR DATA OR ANY OTHER PROPERTY, EVEN IF IT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULL EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL PROMOVGRAM’S LIABILITY UNDER THESE TERMS AND WITH RESPECT TO THE SERVICES EXCEED AMOUNTS ACTUALLY PAID BY YOU TO PROMOVGRAM HEREUNDER DURING A PERIOD OF 12 MONTHS PRIOR TO ANY LIABILITY EVENT (IF ANY). AS SUCH, IF YOU HAVE NOT MADE ANY PAYMENTS HEREUNDER, PROMOVGRAM SHALL NOT HAVE ANY LIABILITY UNDER THESE TERMS AND WITH RESPECT TO THE SERVICES. YOUR SOLE REMEDY UNDER THESE TERMS WILL BE TO TERMINATE YOUR USE OF THE SERVICES.
THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT (INCLUDING NEGLIGENCE), UNDER STATUTE OR OTHERWISE EVEN IF PROMOVGRAM WAS ADVISED OF SAME.
Termination or Suspension of Services
Promovgram is entitled, at its sole discretion, to change, terminate or cease the operation of the Services (or any part thereof). In addition, Promovgram is entitled in its sole discretion, without prior notice, to terminate or suspend your right to use the Services and/or to prevent your access to and use of the Services in the event of any violation and/or breach and/or infringement by you of these Terms.
Modification of these Terms
Promovgram is entitled to amend these Terms at any time. Upon such amendments, Promovgram will inform you by publishing a notice through the Services or otherwise communicating with you. Such amendments shall apply as to your use of the Services after you have accepted such amendments, and in any event upon the lapse of 14 days as of such notice (event if you have not accepted such amendments). If you do not wish to be bound by such amendments, please discontinue the use of the Services.
You shall not, without the prior written consent of Promovgram, assign, transfer, or sub-contract these Terms and/or any of its rights or obligations hereunder, and any unauthorized assignment shall be null and void. Promovgram may, at any time, assign, transfer or sub-contract any of its rights or obligations under these Terms.
These Terms shall be governed by the laws of the Republic of Moldova. It is agreed that any disputes pursuant to these Terms shall be exclusively referred to courts of Chisinau, Moldova.