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Welcome to Promptlib! These Terms of Service (“Terms”) govern your access to and use of the websites, mobile apps, widgets, APIs, emails, and other online products and services (collectively, the “Services”) provided by Promptlib, Inc. (“Promptlib,” “we,” “us,” or “our”).
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
You must be 13 years of age or older to access and use the Services. We may offer additional Services that require you to be older to use them, so please read all notices and any Additional Terms carefully when you access the Services. By using the Services, you represent and warrant that: (i) you are at least 13 years old and over the minimum age required by the laws of your country of residence to access and use the Services; (ii) you can form a binding contract with Promptlib, or if you are over 13 but under the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms; (iii) you are not barred from using the Services under all applicable laws; and (iv) you have not been permanently suspended or removed from the Services. If you are accepting these Terms on behalf of another legal entity, including a business or government entity, you represent that you have full legal authority to bind such entity to these Terms.
Promptlib respects the privacy of its users and is committed to protecting your personal information. We have established and implemented a Privacy Policy which explains how we collect, use and share information about you when you access or use our Services. By using our Services, you agree to the collection and use of information as set forth in the Privacy Policy.
Subject to your full compliance with these Terms, Promptlib grants you a personal, non-transferable, non-exclusive, revocable, limited license to: (a) install and use a copy of our mobile application associated with the Services that is obtained from a legitimate marketplace on a mobile device owned or controlled by you; and (b) access and use the Services. All other rights not expressly granted to you by these Terms are reserved by Promptlib. You may not, without our prior written consent: License, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content; Modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or Access the Services or Content in order to build a similar or competitive website, product, or service, except as permitted under the Promptlib API Terms of Use. We may modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice to you. You acknowledge and agree that we are not liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part thereof. Any future release, update, or other addition to functionality of the Services will be subject to these Terms, which may be amended from time to time.
To use certain features of our Services, you may be required to create a Promptlib account (an “Account”) and provide us with a username, password, and certain other information about yourself as set forth in the Privacy Policy. You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Promptlib if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account and enable two-factor authentication. You will not license, sell, or transfer your Account without our prior written approval.
The Services may contain information, text, links, graphics, photos, videos, audio, streams, or other materials (“Content”), including Content created with or submitted to the Services by you or through your Account (“Your Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content. By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights. You retain any ownership rights you have in Your Content, but you grant Promptlib a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organizations, or individuals who partner with Promptlib. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. Any ideas, suggestions, and feedback about Promptlib or our Services that you provide to us are entirely voluntary, and you agree that Promptlib may use such ideas, suggestions, and feedback without compensation or obligation to you. Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Content Policy, or if you otherwise create or are likely to create liability for us.
The Services may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users (“Third-Party Content”). While we are not responsible for the accuracy or reliability of Third-Party Content, you acknowledge and agree that we are not liable for any loss or damage that may result from your use of Third-Party Content. We encourage you to exercise caution and conduct any necessary investigation before proceeding with any transaction related to Third-Party Content. The Services may also contain sponsored Third-Party Content or advertisements. We reserve the right to change the type, degree, and targeting of advertisements at our discretion. You acknowledge and agree that we may display advertisements in connection with the display of any Content or information on the Services, including Your Content. If you choose to use the Services to conduct a promotion, including a contest or sweepstakes (“Promotion”), you are solely responsible for ensuring the Promotion complies with all applicable laws and regulations. Your Promotion must be conducted independently from Promptlib and must include provisions which release Promptlib from any liability related to the Promotion. We will not provide any assistance with your Promotion, and you agree to conduct your Promotion at your own risk.
When using or accessing Promptlib, you agree to comply with these Terms and all applicable laws, rules and regulations. Furthermore, you agree to comply with Promptlib's Content Policy (and, where applicable, the Broadcasting Content Policy), which are incorporated by reference into these Terms and govern the permissible content and conduct while using our Services. In addition to the restrictions detailed in the Content Policy, you may not: • Use the Services in any manner that could interfere with, disable, disrupt, overburden or otherwise impair the Service; • Gaining access to (or attempting to gain access to) another user’s Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services; • Upload, transmit or distribute to or through the Services any viruses, worms, malicious code, or other software intended to interfere with the Services, including its security-related features; • Use the Services to violate applicable law or infringe any person’s or entity's intellectual property rights or any other proprietary rights; • Access, search, or collect data from the Services by any means (automated or otherwise) except as permitted in these Terms or in a separate agreement with Promptlib (we conditionally grant permission to crawl the Services in accordance with the parameters set forth in our robots.txt file, but scraping the Services without Promptlib’s prior consent is prohibited); or • Use the Services in any manner that we reasonably believe to be an abuse of or fraud on Promptlib or any payment system. We strongly encourage you to report any content or conduct that you believe violates these Terms or our Content Policy. We also welcome reports of any security vulnerabilities. To report a security issue, please send an email to [email protected].
Promptlib respects the intellectual property rights of others and requires that users of its Services do the same. Accordingly, Promptlib has adopted a policy of removing any infringing material from the Services and terminating, in appropriate circumstances, the accounts of users who are repeat infringers. If you believe that your copyright or trademark is being infringed by material on our Services, you may file a notice with Promptlib's Designated Agent by by sending an email to Promptlib's Copyright Agent at [email protected]. Please be aware that if you knowingly misrepresent that any content on our Services is infringing your copyright or trademark, you may be liable to Promptlib for certain costs and damages. If we remove Your Content in response to such a notice, we will notify you via Promptlib's private messaging system. If you believe that Your Content was removed due to a mistake or misidentification, you may submit a counter-notification via our Copyright Counter Notice Form or to our Copyright Agent (contact information provided above). The requirements for a valid counter notification are set forth in 17 U.S.C. § 512(g)(3).
Promptlib may offer certain services for purchase, including but not limited to Promptlib Virtual Goods (“Paid Services”). By purchasing or using the Paid Services, you further agree to the Promptlib Virtual Goods Agreement. Promptlib reserves the right to change the fees or benefits associated with the Paid Services with reasonable advance notice, with no advance notice required for temporary promotions and discounts. When you submit your debit card, credit card, or other Payment Information via the Services to purchase the Paid Services, you authorize us to charge you for the fees associated with the Paid Services, including any applicable taxes and fees. All transactions are final, and no refunds or credits are given for partially used billing periods.
The Services and all Materials included therein are owned and operated by Promptlib and are protected by intellectual property and other laws. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Materials or by purchasing Promptlib Virtual Goods. Except as expressly authorized by Promptlib and subject to Promptlib’s Brand Guidelines, you may not make use of the Materials. Promptlib reserves all rights to the Materials not granted expressly in these Terms.
You agree to indemnify, defend, and hold harmless the Promptlib Entities (Promptlib, its affiliates, directors, officers, employees, agents, contractors, third-party service providers, and licensors) from and against any claims, damages, losses, expenses, costs, and attorneys’ fees arising out of or related to (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, or (d) your Content. Promptlib reserves the right to control the defense of any such claim, and you agree to cooperate with Promptlib in such defense.
Your statutory rights as a user of the Services are not affected by these Terms. However, in some countries, states, provinces or other jurisdictions, the disclaimers and limitations of liability set forth below may not apply to you to the extent prohibited by applicable law. Promptlib provides the Services “as is” and “as available” without representation or warranty of any kind, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Promptlib does not guarantee that the Services are accurate, complete, reliable, current, or error-free. Promptlib does not control, endorse, or take responsibility for any Content available on or linked to the Services or the actions of any third party or user, including moderators. Promptlib does not guarantee that access to and use of the Services is safe and free of viruses or other harmful components. In no event will any of the Promptlib Entities be liable to you for any damages, including, without limitation, indirect, consequential, exemplary, incidental, special, or punitive damages, or lost profits arising from or related to these Terms or the Services, including those arising from or related to Content made available on the Services that is alleged to be defamatory, offensive, or illegal. You are solely responsible for any damage to your device or computer system, or any resulting loss of data, resulting from your access to or use of the Services. The aggregate liability of the Promptlib Entities will not exceed the greater of one hundred U.S. dollars ($100) or any amount you paid Promptlib in the previous six months for the Services giving rise to the claim. These limitations will apply to any claim, regardless of the theory of liability, including those based on warranty, contract, statute, tort, negligence, strict liability, or otherwise.
This Agreement and any dispute arising out of or related to it shall be governed by the laws of the State of California, without regard to its conflict of law rules. Any dispute arising under or related to this Agreement shall be brought solely in the federal or state courts located in San Francisco, California, and you and Promptlib hereby consent to the personal jurisdiction of such courts. If you are a U.S. city, county, or state government entity, then this Section 14 does not apply to you. If you are a U.S. federal government entity, any claims arising out of or relating to this Agreement shall be governed by the laws of the United States of America without regard to its conflict of laws rules. To the extent permitted by federal law, the laws of California (other than its conflict of law rules) shall apply in the absence of applicable federal law. All disputes related to this Agreement shall be brought solely in the federal or state courts located in San Francisco, California.
We reserve the right to modify or revise these Terms at any time, and we may do so by posting revised Terms on our Services or by notifying you by email or through our Services. If we make changes that, in our sole discretion, are material, we will also update the “Effective Date” at the top of these Terms. By continuing to access or use our Services after the Effective Date of any such changes, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop accessing and using our Services before the changes become effective. 16. Additional Terms Promptlib offers a variety of Services, and you may be asked to agree to additional terms, policies, guidelines, or rules (collectively, “Additional Terms”) before using a specific product or service offered by Promptlib. All Additional Terms are incorporated by this reference into, and made a part of, these Terms of Service, and to the extent any Additional Terms conflict with these Terms of Service, the Additional Terms will govern with respect to your use of the corresponding Services. If you use Promptlib Virtual Goods, you must also agree to the Promptlib Virtual Goods Agreement. If you use the self-service platform for advertising, you must also agree to our Promptlib Advertising Platform Terms. 17. Termination You may terminate these Terms of Service at any time and for any reason by deleting your Account and discontinuing use of all Services. If you stop using the Services without deactivating your Account, your Account may be deactivated due to prolonged inactivity. We may also suspend or terminate your Account, moderator status, or ability to access or use the Services at any time for any or no reason, including for violating these Terms of Service or our Content Policy. The following sections will survive any termination of these Terms of Service or of your Account: 5 (Your Content), 7 (Things You Cannot Do), 12 (Indemnity), 13 (Disclaimers and Limitation of Liability), 14 (Governing Law and Venue), 17 (Termination) and 18 (Miscellaneous).
These Terms of Service, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms of Service, constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms of Service will not operate as a waiver of such right or provision. If any part of these Terms of Service is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You may not assign or transfer any of your rights or obligations under these Terms of Service without our prior written consent. We may freely assign any of our rights and obligations under these Terms of Service. These Terms of Service are a legally-binding agreement between you and Promptlib, Inc. If you have any questions about these terms, please contact us at the following address:
ELK Media L.L.C
30 N Gould St. Ste N
Sheridan, WY, 82801
[email protected].
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