Promilia Corporation Legal Terms Of Use
Welcome to the Internet site of Promilia.com (each referred to as a "Site or Website”). Promilia.com and all of its owners, operators, and affiliate partners are referred to herein as "we, us, or our".
The words "use, or using" in this agreement, means any time an individual referred to herein as a "user, or you", directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from this Site, transmit, receive or exchange data or communicate with this Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of this Site. This agreement does not cover your rights or responsibilities with respect to third party content, sites, or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding the use of this Site and it cannot be modified.
Promilia.com reserves the right to change the terms of this agreement at any time for any reason in our sole discretion. Any changes to these terms becomes effective immediately and if you use this Site after they become effective it will signify that you acknowledge, understand and hereby agree to the changes. Please check these terms and conditions of use periodically for changes.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES.
These terms and conditions regarding your use of this Site constitute a legally binding agreement between you and Promilia.com. This Site may also contain links or references to additional rules, policies, and terms which may apply to specific features or functions of this Site and when you use those features or functions, those rules, policies and terms will also apply to you and form a part of these terms and conditions, and consequently, your agreement with us.
Trade-marks and Copyrights
All of the names, titles, logos, and designs on this Site identifying our products and brands, including any derivative and related names, titles, logos and designs, are trade-marks and the sole and exclusive property of Promilia Corporation. All other names, titles, logos and designs appearing on this Site are the property of their respective owners.
This Site contains copyrighted material, trade-marks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations, audio, video and software (collectively, the "Material") and the entire contents of this Site also are protected by copyright as a collective work and/or compilation under the Canadian copyright laws, international conventions and other copyright laws. We own the copyright in the Material original to us and in our selection, coordination, arrangement and enhancement of the Material.
No Material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written consent, except that you may, where possible, download one copy on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the Material, (iii) you do not use the Material in a manner that suggests an association with any of our products, services, or brands, and (iv) you agree that you do not acquire any ownership or other use rights by downloading ant Material. The use of any Material on any other web site is prohibited.
Portions of this site was created by www.webrevolution.org and is being used under a non-exclusive limited license. This site contains portions of software, and is being powered by the Mambo open source content management system which were released under the GNU General Public License.
Privacy
Promilia.com respects your privacy and the use and protection of your personal identifiable information. Please see our Privacy Statement for important information and disclosures relating to the collection and use of your personally identifiable information, which form a part of these terms and conditions of use.
Registration
Each user of this Site is required to have a unique user name and password combination in order to use the features and functions of this Site. We may, from time to time, also provide users with additional codes or passwords necessary to perform certain functions on this Site. Your user name and password are personal to you and you may not allow any person to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misuse of your user name or password, disclosure of your user name or password. During registration or at certain other times you will be required provide us with certain information about you in order for us to allow you to use the features and functions of this Site. Please read our Privacy Statement, which explains how we collect and use your personal identifiable information.
Ownership Of Intellectual Property
This Site contains copyrighted material, trade-marks and other proprietary information, including, but not limited to, software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases (collectively, the "Material"), which are the property of Promilia.com, its owners, partners, affiliates, licensors or suppliers and are legally protected, without limitation under the Canadian copyright laws, international conventions and other copyright laws. This Site is to be used solely for your non-commercial and personal use only.
No Material may be copied, reproduced, uploaded, displayed, modified, disseminated, broadcasted, circulated to any third party, performed, or create derivative works from in any way without the express written consent of Promilia.com, except that you may, where possible:
you keep intact all copyright and other proprietary notices;
you make no modifications to the Material;
you do not use the Material in a manner that suggests an association with any of our products, services, or brands; and
you agree that you do not acquire any ownership or other use rights by downloading any Material.
We require users to respect our copyrights and other intellectual property rights. We likewise respect the intellectual property of others. All other names, titles, logos, designs and Materials appearing on this Site are the property of their respective owners.
Advertising And Third Party Sites
As a service from Promilia.com our visitors may communicate with, receive communications from, be re-directed to, interact with, participate in, use the services or obtain goods and services of or from third parties. All such communication, interaction and participation is strictly and solely between you and such third party and we shall not be responsible or liable to you in any way in connection with these activities, transactions, goods or services, warranties, covenants, contracts or other terms or conditions that may exist between you and the third party. Promilia.com or any of our affiliates, partners, operators, agents, representatives, licensors or suppliers makes no endorsements, warranties or representations regarding those third parties, including Materials, services, content, accuracy, or appropriateness of content. You may access any third party web sites at your own risk and discretion.
Rules of Conduct
The use of this Site is subject to all applicable local, provincial, federal laws and regulations, and in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, authorize others to use this Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
affect us unfavourably or reflect negatively on us, this Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of this Site, or from advertising, linking or becoming a supplier to us in connection with this Site;
commit any criminal or quasi-criminal offence, including without limitation, any crimes relating to pornography, threats, intimidation, hate, assault, or that is economic in nature;
defame, abuse, harass, stalk, threaten or otherwise interfere with or harm the contractual, personality, confidentiality, privacy or publicity, moral, statutory, common law or intellectual property rights of any person;
falsify the origin or source of software, information or other material contained in a file that is uploaded or downloaded;
publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information (we reserve the right to decide whether any material is appropriate to be published, posted, distributed or disseminated);
be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for a charge or through linking with any other web site or web pages;
collect, obtain, compile, gather, transmit, reproduce, view or display any information, whether personally identifiable or not, regarding any other person, organization, firm or enterprise, in connection with their or your use of this Site, unless you have obtained the express, prior permission of such other person, organization, firm or enterprise to do so;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of this Site or the rights or use and enjoyment of this Site by any other person, organization, firm or enterprise; or
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages.
Forums And Postings
A “Forum” is a chat area, bulletin board, or any other message or communication services, features or functions offered as apart of this Site. Sections of this Site provide you an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, creative works or other information, messages, transmissions or material to us, this Site or others, referred to herein as a “Post or Posting”.
You acknowledge and agree that all Forums involve public communications, and that they can only be used for non-commercial purposes. Furthermore, you acknowledge and agree that chats, postings, conferences, and other communications by users are not monitored, screened, sanctioned or endorsed by us, and such communications shall not be considered reviewed, screened, or approved by us. However, we reserve the right, but not the obligation, to monitor the content of this Site, including the Forums, and to remove, refuse to post or edit any material or content which we, in our sole discretion, determine to be in violation of the provisions hereof or otherwise objectionable. Visitors shall remain solely responsible for the content of their communications. We reserve the right, in our sole discretion, to deny any user access to this Site without notice.
By posting, uploading or submitting any material or content to any Forum or otherwise submitting any material or content to us (from you or your account), you hereby agree that, you automatically grant or automatically warrant that the owner of the rights to such material or content has expressly granted us a perpetual, royalty-free, irrevocable, non-exclusive right and license throughout the universe to use, reproduce, modify, adapt, create derivative works from, publish, translate, license, transmit, distribute and otherwise exploit in whole or in part of such material or content in any manner and media and by means of any technology now known or hereafter developed. In addition, you hereby irrevocably agree:
to waive all so-called "moral rights" in any such materials and content posted, uploaded or submitted by you.
if your Posting incorporates the name, logo, brand, service or trademark, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant us the right to use such Posting as described above.
that the Posting shall not be harmful to the health of any user, and we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting
Postings are for non-commercial purposes only and you may not Post in anyway which does or is intended to endorse or generate revenue for any business enterprise or commercial activity.
Deactivating Or Terminating Your Account/Registration
You may remove your personal identifiable information (see Privacy Statement section one) from our databases at any time by contacting us at
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
This email address is being protected from spam bots, you need Javascript enabled to view it with your username and "remove me" in the subject line.
If you do not use or login into this Site for a period of six (6) months. Your username and password will be deleted from our databases along with all your personal identifiable information.
Disclaimer And Limitation Of Liability
THIS SITE AND THE INFORMATION OR MATERIALS CONTAINED WITHIN ARE PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM UNINTERRUPTED, VIRUS FREE OR ERROR FREE, OR THAT DEFECTS WILL BE FOUND OR CORRECTED. WE DO NOT PROVIDE ANY WARRANTIES REGARDING THE ACCURACY, TIMELINESS, AUTHENTICITY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE, POSTINGS OR OTHER MATERIALS ASSOCIATED WITH THIS SITE.
YOU COMPREHEND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PROMILIA.COM, ANY OF ITS EMPLOYEES, AFFILIATES, PARTNERS, AGENTS, LICENSORS, REPRESENTATIVES OR SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM THE USE OF THIS SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES , EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Contests, Sweepstakes, And Promotions
Promilia.com or its suppliers and advertisers may conduct promotions on or via this Site, including, without limitation, contests and sweepstakes (collectively referred to as a "Promotion"). Each Promotion will have additional terms, conditions and rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this agreement (referred to as the "Rules"). If any conflict arises between this agreement and the Rules, the Rules shall govern for purposes of your participation or involvement in the Promotion to which the Rules relate.
Indemnification
You acknowledge and agree that the use of this Site is your sole risk and discretion; you also agree to indemnify, defend and hold Promilia.com, any of its employees, affiliates, partners, agents, licensors, representatives or suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs, resulting from any breach or violation of this agreement by you. Promilia.com reserves the right to acquire the exclusive defence and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Promilia.com.
Governing Law That Applies To This Agreement
This Site is operated by us or on behalf of Promilia.com within the Province of Ontario, Canada, and is intended solely and exclusively for the residents of Canada. We make no indication that materials on this Site are appropriate or available for use in any particular location. Those who choose to visit and use this Site may do so on their own initiative and are liable for compliance with local laws.
These terms and conditions of use are governed by and construed in accordance with the laws of the Province of Ontario, without regard. You agree that any action at law or in equity arising out of or relating to these terms and conditions of use will be filed only in the provincial or federal courts located in Toronto, Ontario, and you hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action. If for any reason these terms and conditions of use become void, found to be unlawful, then that stipulation will be deemed severable from these terms and conditions of use and will not affect the legitimacy and enforceability of any remaining stipulations. English will be the language of choice for this Site, and all communications conducted in association with this Site, and all parties waive any right to use and rely upon any other language, or translations. This agreement cannot be altered or terminated verbally.
This agreement, collectively with our Privacy Statement and all other rules, regulations, procedures, agreement, statements, and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and Promilia.com and supersedes any and all prior or conflicting understandings relating to this Site and your use of this Site.