Proenti Terms
This Statement of Rights and Responsibilities (Statement,Terms or SRR) derives from the Proenti Principles, and is our terms of service that governs our relationship with users and others who interact with Proenti, as well as Proeti brands, products and services, which we call the Proenti Services or Services. By using or accessing the Proenti Services, you agree to this Statement, as updated from time to time in accordance with Section 13 below. Additionally, you will find resources at the end of this document that help you understand how Proenti works. Because Proenti provides a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this SRR, the supplemental terms associated with the app, product, or service govern with respect to your use of such app, product or service to the extent of the conflict.
Sharing Your Content and Information
You own all of the content and information you post on Proenti, and you can control how it is shared through your privacy and application settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacyand application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Proenti (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Policyand Platform Page.)
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Proenti, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Proenti, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Safety
We do our best to keep Proenti safe, but we cannot guarantee it. We need your help to keep Proenti safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Proenti.
- You will not collect users content or information, or otherwise access Proenti, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Proenti.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Proenti to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Proenti, such as a denial of service attack or interference with page rendering or other Proenti functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
Protecting Other Peoples Rights
We respect other peoples rights, and expect you to do the same.
- You will not post content or take any action on Proenti that infringes or violates someone else rights or otherwise violates the law.
- We can remove any content or information you post on Proenti if we believe that it violates this Statement or our policies.
- We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement.
- If we remove your content for infringing someone else copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- If you collect information from users, you will: obtain their consent, make it clear you (and not Proenti) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
- You will not post anyone identification documents or sensitive financial information on Proenti.
- You will not tag users or send email invitations to non-users without their consent. Proenti offers social reporting tools to enable users to provide feedback about tagging.
Payments
If you make a payment on Proenti, you agree to our policies on paid services unless it is stated that other terms apply.
About Advertisements and Other Commercial Content Served or Enhanced by Proenti
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
- You give us permission to use your name, profile picture, content, and information in connection with commercial, sponsored, or related content (such as a brand you like) served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile picture with your content or information, without any compensation to you. If you have selected a specific audience for your content or information, we will respect your choice when we use it.
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
Special Provisions Applicable to Software
- If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
Amendments
- We will notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.
- If we make changes to policies, guidelines or other terms referenced in or incorporated by this Statement, we may provide notice on the Site Governance Page.
- Your continued use of the Proenti Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.
Termination
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Proenti to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.4, 3-5, 9.3, and 14-18.
Protecting Other Peoples Rights
We respect other peoples rights, and expect you to do the same.
- You will not post content or take any action on Proenti that infringes or violates someone else rights or otherwise violates the law.
- We can remove any content or information you post on Proenti if we believe that it violates this Statement or our policies.
- We provide you with tools to help you protect your intellectual property rights. To learn more, visit our How to Report Claims of Intellectual Property Infringement.
- If we remove your content for infringing someone else copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- If you collect information from users, you will: obtain their consent, make it clear you (and not Proenti) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
- You will not post anyone identification documents or sensitive financial information on Proenti.
- You will not tag users or send email invitations to non-users without their consent. Proenti offers social reporting tools to enable users to provide feedback about tagging.
Disputes
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Proenti exclusively in the Republic of Malta a state court and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of Malta Republic will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Proenti, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users actions on Proenti and are not responsible for the content or information users transmit or share on Proenti. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Proenti. We are not responsible for the conduct, whether online or offline, of any user of Proenti.
- WE TRY TO KEEP PROENTI UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING PROENTI AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PROENTI WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT PROENTI WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. PROENTI IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR PROENTI, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR PROENTI WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PROENTI’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Proenti outside the United States:
- You consent to having your personal data transferred to and processed in London UK.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on Proenti (such as advertising or payments) or operate a Platform application or website. You will not use Proenti if you are prohibited from receiving products, services, or software originating from the United States.
Users In Eurpean Union
Data you Provide to Us
- Profile -We clarify that you are not obligated to provide us personal data beyond the limited data we need for you to register your account or to make payements if you purchase premium services from us .
- -We also clarify that we do not require you to provide “sensitive personal data†to use our services, and if you choose to include it on your profile it will be visible to others .
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Your Device and Location – We clarify that we will get your separate permission before we collect information about your precise location for a feature and for online booking .
Our Services
Profile -We add greater clarity about your profile visibility and the settings you have to control your profile visibility off of our Services .
Posts, Likes, Follows, Comments, Messages – We provide additional clarity and details about what is made available and accessible to others when you take an action on our Services. Social actions such as posting, liing, following, commenting and sharing are associated with you and visible to others.
Sharing Your Content and Information
You own all of the content and information you post on Proenti, and you can control how it is shared through your privacy and application settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Proenti (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Policyand Platform Page.)
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Proenti, to access and use that information, and to associate it with you (i.e., your name and profile picture).
- We always appreciate your feedback or other suggestions about Proenti, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
Related Services
We provide clarify about how we will use data that is shared across Services covered by the Privay Policy.
Your Choices & Obligations
Data Retention
We clarify that data we retain may have been provided directly by you, inferred from your use of the Services or provide by a third party.
Rights to Access and Control Your Personal Data
As before, Proenti will only collect and process your personal data when we have lawful bases for doing so. These lawful bases include when you provide us consent, when we have a contractual obligation to collect or process your personal data, and when we have a legitimate interest in processing your personal data.
Cookie Policy
We update the description of cookies used in advertising to conform to the updated Privacy Policy. In addition, we clarify the degree of control that Proenti provides to Proenti Members and site Visitors regarding Proenti’s use of cookies .
Definitions
- By Proenti or Proenti Services we mean the features and services we make available, including through (a) our website at Proenti.com and any other Proenti branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings; and (d) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Proenti reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.
- By Platform we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Proenti or provide data to us.
- By information we mean facts and other information about you, including actions taken by users and non-users who interact with Proenti.
- By content we mean anything you or other users post, provide or share using Proenti Services.
- By data or user data or users data we mean any data, including a user’s content or information that you or third parties can retrieve from Proenti or provide to Proenti through Platform.
- By post we mean post on Proenti or otherwise make available by using Proenti.
- By use we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By application we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
Other
- If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Proenti, LTD. Otherwise, this Statement is an agreement between you and Proenti Estonia Limited. References to us, we, and our mean either Proenti, LTD. or Proenti Estonian Limited, as appropriate.
- This Statement makes up the entire agreement between the parties regarding Proenti, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Proenti.
By using or accessing Proenti Services, you agree that we can collect and use such content and information in accordance with the Data Policy as amended from time to time.
Last modified: 15 May, 2018.