TERMS OF SERVICE
PLEASE READ THESE TERMS OF SERVICE (« Terms ») CAREFULLY BEFORE USING THE SERVICES OFFERED BY PRONOSKILLS. (« Pronoskills »). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE APP AND THE SERVICES (THE « Service »).BY USING THE SERVICE IN ANY MANNER YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SERVICE.
Acceptance of Terms
You represent and warrant that if you are an individual, you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. Pronoskills may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Modification of Terms
Pronoskills reserves the right, at its sole discretion, to modify or replace any of the Terms, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time. Pronoskills may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms periodically for changes. Your continued use of the Service following the posting of any changes to the Terms constitutes acceptance of those changes.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms. You are responsible for all of your activity in connection with the Service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (« spamming »);
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Pronoskills or any third party; or
impersonates any person or entity, including any employee or representative of Pronoskills.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Pronoskills does not guarantee that any Content will be made available on the Service or through the Service. Pronoskills has no obligation to monitor the Service, Service, Content, or User Submissions.
You may browse the Service and view Content without registering, but as a condition to using certain aspects of the Service, you may be required to register with Pronoskills and select a password and screen name (« User ID »). You shall provide Pronoskills with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your Pronoskills account. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Pronoskills reserves the right to refuse registration of, or cancel a User ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Pronoskills password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Pronoskills in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
All the content (« Content »), including without limitation, text, photos, written forum comments, information, data, text, are provided by, and remain the property of the external APIs.
These APIs provide Pronoskills, including without limitation, the matches standings, scores and logos.
You agree that the Service contains Content specifically provided by Pronoskills or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
Pronoskills has no special relationship with or fiduciary duty to you. You acknowledge that Pronoskills has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Pronoskills from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to webServices containing, information that some people may find offensive or inappropriate. Pronoskills makes no representations concerning any Content contained in or accessed through the Service, and Pronoskills will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service or the Service.
THE SERVICE IS PROVIDED « AS IS » AND « AS AVAILABLE » AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PRONOSKILLS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): PRONOSKILLS MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE Service OR ANY WEBService LINKED TO THE Service. Pronoskills will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Pronoskills’s equipment, transmitted over networks accessed by the Service, or otherwise connected with your use of the Service.
You shall defend, indemnify, and hold harmless Pronoskills, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Service, Service, Content or otherwise from your User Submissions, violation of the Terms, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity. Pronoskills reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Pronoskills in asserting any available defenses.
Limitation of Liability
IN NO EVENT SHALL PRONOSKILLS, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and Pronoskills agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Integration and Severability
The Terms are the entire agreement between you and Pronoskills with respect to the Service and use of the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Pronoskills with respect to the Service. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Pronoskills shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Pronoskills’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including « line-noise » interference). The Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Pronoskills’s prior written consent. Pronoskills may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
You may contact Pronoskills at the following address: firstname.lastname@example.org
Effective Date: AVRIL 10, 2018