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Terms

Welcome to the Dotpromo.me Site. In order to use our Site, you must agree to our Terms of Use – If you have any questions about these Terms of Use contact us by email at privacy@dotpromo.me

These Terms of Use were last updated on August 1st, 2013.

These Terms of Use are organized as follows:

1. Permitted Uses.

2. Availability of the Site

3. Ownership of the Site.

4. Transmission of Information.

5. Your Conduct on our Site.

6. Creating an Account on our Site.

7. Modification of this Agreement.

8. Copyright and Trademarks.

9. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures Relating to Infringing Material.

10. Unsolicited Ideas.

11. Disclaimer of Warranty.

12. Limitation of Liability.

13. Arbitration and Dispute Resolution.

14. End User Communications.

15. Websites of Others.

16. Public Nature of Your Statements.

17. License Grant.

18. Indemnification/Release.

19. Termination.

20. Choice of Law.

21. Additional Disclosures.

ACCEPTANCE OF TERMS OF USE

.PROMO International Oü (“.PROMO" or “us” or “our”) operates this website, Dotpromo.me, the mobile and touch versions and any individual sites we have now or in the future. The website and links contained within or otherwise available through external hyperlinks within our Site (the “Microsites”) will be collectively referred to as the "Site" in these Terms of Use. By using our Site and Dotpromo.me services through the Site, you (“you” or "participant" or, “End User”) agree to these Terms of Use, our Privacy Statement, and any additional terms applicable to certain programs in which you may elect to participate or with respect to any Microsite, as any of the same may exist from time to time (collectively, the "Terms of Use" or "Agreement"). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE AND DO NOT USE ANY DOTPROMO.ME SERVICES OFFERED THROUGH THE SITE.

1. Permitted Uses.

The Site provides an interactive online service operated by .PROMO, consisting of games, surveys, promotional lotteries, moneyback offers, product offers and other promotion and marketing services sponsored by us or certain partners (“Partners”) and contributed to by content providers ("Content Providers"). As a condition of your use of this Site, you agree that:

  • You are an individual person at least 18 years of age or have your legal guardian's permission to use the Site;
  • Your use of this Site will at all times comply with the terms of this Agreement;
  • If you elect to create an account:
    • You may create only one account for your personal use;
    • You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
    • You have the right to provide any and all information you submit to the Site, the information is only about yourself, and all such information is accurate, true, current and complete.

2. Availability of the Site

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. .PROMO retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

3. Ownership of the Site.

The content and information on this Site as well as the infrastructure used to provide both, is proprietary to us or our Partners or our Content Providers. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.

4. Transmission of Information.

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with .PROMO and the Site while it is being transmitted. In addition, .PROMO is not responsible for any data lost during transmission.

5. Your Conduct on our Site.

Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies. PLEASE DO NOT ENGAGE IN ANY OF THE FOLLOWING ACTIVITIES, they are prohibited on the Site and constitute express violations of this Agreement:

  • Submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Dotpromo.me account or in order to create multiple Dotpromo.me accounts;
  • Attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
  • Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
  • Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by .PROMO;
  • Attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
  • Using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with .PROMO;
  • Reselling or repurposing your access to the Site or any purchases made through the Site;
  • Using the Site or any of its resources to solicit Site End Users or Partners of .PROMO to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with .PROMO, including without limitation, aggregating current or previously offered promotions;
  • Using any End User, Partner or Content Provider information from the Site for any commercial purpose, including, but not limited to, marketing;
  • Accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
  • Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
  • Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with participations made through this Site) with material from other sites or on a secondary site without our express written permission.
  • Deep-linking to any portion of this Site without our express written permission; or
  • Acting illegally or maliciously against the business interests or reputation of .PROMO, our Partners, our Content Providers or our services.; or
  • Hyperlinking to the Site from any other website without our initial and ongoing consent.

6. Creating an Account on our Site.

If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits in your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Dotpromo.me account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

7. Modification of this Agreement.

We reserve the right at all times to discontinue or modify any part of this Agreement as we deem necessary or desirable. If we make changes that materially affect your use of the Site or our services we will notify you by sending you an e-mail to the e-mail address that is registered with your account and/or by posting notice of the change on the Site. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. We suggest that you revisit our Terms of Use from time to time to ensure that you stay informed of any such notifications of changes to the Site. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

We also reserve the right to change or discontinue any aspect or feature of our services or the Site including, but not limited to, requirements for access or use.

8. Copyright and Trademarks.

Everything located on or in this Site is the exclusive property of .PROMO or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF .PROMO IS PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

This Site and any Microsite contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the European Union copyright laws. .PROMO owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of .PROMO or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

.PROMO is a trademark of We.Promo Oy. It, together with other trademarks that are located within or on the Site otherwise owned or operated in conjunction with .PROMO shall not be deemed to be in the public domain but rather the exclusive property of .PROMO, unless such mark or site is under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of .PROMO unless otherwise stated.

You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. .PROMO does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted .PROMO the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other end user to access, view, store or reproduce the material for that End User's personal use. You also grant .PROMO the right to edit, copy, publish and distribute any material that you make available on this Site.

9. Copyright Policy and Digital Millennium Copyright Act (DMCA) Procedures Relating to Infringing Material.

.PROMO reserves the right to terminate its agreement with you or any other End User who infringes third-party copyrights.

If you believe that any material has been posted via the Site by an End User in a way that constitutes copyright infringement, you shall provide .PROMO with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact information for .PROMO's DMCA Agent for notice of claims of copyright infringement is:

.PROMO International Oü

Attention: Copyright Agent

Roosikrantsi 2,

Tallinn 10119

Estonia

10. Unsolicited Ideas.

We do not accept or consider, directly or through any .PROMO employee or agent, unsolicited ideas of any kind, including without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotions. Do not send us (or any of our employees) any unsolicited ideas, suggestions, material, images or other work in any form (“unsolicited materials”). If you send us unsolicited materials, you understand and agree that the following terms will apply, notwithstanding any cover letter or other terms that accompany them,:

  • .PROMO has no obligation to review any unsolicited materials, nor to keep any unsolicited materials confidential.; and
  • .PROMO will own, and may use and redistribute unsolicited materials for any purpose, without restriction and free of any obligation to acknowledge or compensate you.

11. Disclaimer of Warranty.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER .PROMO, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, PRODUCT DESCRIPTIONS), SERVICE, PRODUCTS OR VOUCHERS PROVIDED THROUGH THIS SITE. THE SITE AND ALL CONTENT, STATEMENTS (AS DEFINED BELOW) AND OTHER INFORMATION CONTAINED ON THE SITE, AND PRODUCTS AND SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. .PROMO HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE SITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

12. Limitation of Liability.

IN NO EVENT SHALL .PROMO, ITS SUBSIDIARIES, AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, PARTNERS, CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED THEREIN, THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE SITE OR THESE TERMS OF USE.

13. Arbitration and Dispute Resolution.

The laws of Estonia shall apply to this Agreement without recourse to its conflict-of-laws (international private law) rules. However, if the Estonian law has a mandatory provision, which may not be overruled by agreement, to the benefit of an individual, and such provision mandates the applicability of a third country law, such third country law shall be applied.

Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or validity thereof shall be submitted to the district court of Tallinn.

14. End User Communications.

.PROMO in some instances allows you and other End Users to use the Site to express opinions and communicate through forums, bulletin boards, discussion groups, chat rooms or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). .PROMO shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by .PROMO, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing,. PROMO shall have the right, but not the obligation, to remove any material from the Communities that .PROMO, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, and/or other messages or postings of any kind made by you or any other End User to the Communities (collectively, “Statements”), are those of the respective author(s) or distributor(s) and not of .PROMO.

15. Websites of Others.

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk

16. Public Nature of Your Statements.

You understand and agree that all Statements are public and not private. Any other person (whether or not a user of .PROMO's services) may read your Statements without your knowledge. Please do not include any Personal Information (as defined in our Privacy Statement) in your Statements. .PROMO does not control or endorse any Statement found in any part of the Communities, and we specifically disclaim any liability concerning the Statements and the Communities and any actions resulting from your participation in any part of the Communities, including any objectionable content. Any and all Statements you post to our Site are not confidential.

17. License Grant.

By posting Statements or other information on or through the Communities, you grant .PROMO a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the Statements alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees. Your license of any Statements or information submitted above extends to use for promotions, advertising, market research or any other lawful purpose, without limitation.

18. Indemnification/Release.

You agree to defend, indemnify and hold harmless .PROMO, its subsidiaries, affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site or any use of the Site in violation of these Terms.

You are solely responsible for your interactions with our Partners and Content Providers and other users of the Site. To the extent permitted under applicable laws, you hereby release .PROMO from any and all claims or liability related to any product or service of a Partner or Content Provider, any action or inaction by Partner or Content Provider, including a failure to comply with applicable law and/or failure to abide by the terms and conditions of a campaign, and any conduct or speech, whether online or offline, of any other user.

19. Termination.

.PROMO may terminate these Terms of Use at any time. Without limiting the foregoing, .PROMO shall have the right to immediately terminate or suspend any of your passwords or accounts in the event .PROMO considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

20. Choice of Law.

Any disputes arising out of or related to these Terms of Use and/or any Use by you of the Site or .PROMO's services shall be governed by the internal laws of Estonia, without regard to its choice of law rules.

The laws of Estonia shall apply to this Agreement without recourse to its choice of law (international private law) rules. However, to the extent the Estonia law has a mandatory provision, which may not be overruled by agreement, to the benefit of an individual, and such provision mandates the applicability of a third country law, such third country law shall be applied.

21. Additional Disclosures.

No waiver by either you or .PROMO of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

The provisions of these Terms of Use apply equally to and are for the benefit of .PROMO, its subsidiaries, affiliates, Partners and Content Providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.