Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of the Agreement. If you do not agree to all the terms and conditions of the Agreement, then you may not access the Website or use any services offered therein. If these terms and conditions are considered an offer by Proloa, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your https://proloa.com Account and Site.
If you create an account or blog/site on the Website, you are responsible for maintaining the security of your account and blog/site, and you are fully responsible for all activities that occur thereunder and any other actions taken in connection with the blog/site. You must not describe or assign keywords to your blog/site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Proloa, in its sole and absolute discretion, may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Proloa You must immediately notify Proloa of any unauthorized uses of your blog/site, your account or any other breaches of security. Proloa will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors.
If you operate a blog/site, comment on a blog/site, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog/site is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog/site is not named in a manner that misleads your readers into thinking that you are another person or company. For purposes of example only, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Proloa or otherwise.
By submitting Content to Proloa for inclusion on your Website, you grant Proloa a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog/site. If you delete Content, Proloa will use commercially reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Proloa has the right (though not the obligation) to, in Proloa’s sole and absolute discretion: (i) refuse or remove any content that, in Proloa’s sole and absolute discretion, violates any Proloa policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. Proloa will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms. By selecting a product or service, you agree to pay Proloa the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Individual payments are refundable within 14 (fourteen) days since the affective payment date.
- Automatic Renewal. Unless you notify Proloa before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Proloa in writing.
- Fees; Payment. By signing up for an account you agree to pay Proloa the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Proloa reserves the right to change the payment terms and fees upon thirty (30) days’ prior written notice to you. Services can be canceled by you at any time on thirty (30) days’ written notice to Proloa.
- Support. If your service includes access to Priority Email Support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Proloa to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free Proloa services. All support will be provided in accordance with Proloa standard services practices, procedures and policies.
- Responsibility of Website Visitors.
Proloa has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Proloa does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Proloa disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites.
Proloa has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which https://proloa.com links, and that link to https://proloa.com. Proloa does not have any control over those non-https://proloa.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-https://proloa.com website or webpage, Proloa does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Proloa disclaims any responsibility for any harm resulting from your use of non-https://proloa.com websites and webpages.
- Copyright Infringement and DMCA Policy.
As Proloa asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Proloa violates your copyright, you are encouraged to notify Proloa in accordance with Proloa’s Digital Millennium Copyright Act (“DMCA”) Policy. Proloa will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Proloa will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Proloa or others. In the case of such termination, Proloa will have no obligation to provide a refund of any amounts previously paid to Proloa.
- Intellectual Property.
This Agreement does not transfer from Proloa to you any Proloa or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Proloa. Proloa, https://proloa.com, the Proloa logo, and all other trademarks, service marks, graphics and logos used in connection with Proloa, or the Website are trademarks or registered trademarks of Proloa or Proloa Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Proloa or third-party trademarks.
Proloa reserves the right to display advertisements on your blog/site unless you have purchased an ad-free account.
Proloa reserves the right to display attribution links such as ‘Blog at https://proloa.com,’ theme author, and font attribution in your blog/site footer or toolbar.
- Partner Products.
By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names.
If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
Proloa reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Proloa may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Proloa may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate the Agreement or your Proloa account (if you have one), you may simply discontinue using the Website and without any future use. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Proloa if you materially breach this Agreement; provided that, Proloa can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- DISCLAIMER OF WARRANTY.
YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS PROVIDED SOLELY AS A CONVENIENCE TO Proloa GUESTS, “AS IS”, “WITH ALL FAULTS”, AND “AS AVAILABLE”. YOU FURTHER ACKNOWLEDGE AND AGREE THAT Proloa AND/OR THIRD PARTY PROVIDERS MAKE NO EXPRESS WARRANTIES AND DISCLAIM TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER IMPLIED OR BY LAW, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF: (i) MERCHANTABILITY, (ii)FITNESS FOR A PARTICULAR PURPOSE, (iii) NON-INFRINGEMENT, (iv) WORKMANLIKE EFFORT, (v)QUALITY, (vi)ACCURACY, (vii)TIMELINESS, (viii) COMPLETENESS, (ix)TITLE, (x)QUIET ENJOYMENT, (xi) NO ENCUMBRANCES, (xii) NO LIENS, (xiii) SYSTEM INTEGRATION OR (xiv) THAT ACCESS TO OR USE OF THIS WEBSITE OR ANY PART THEREOF WILL BE UNINTERRUPTED, ERROR OR DEFECT FREE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF Proloa OR THIRD PARTY WEBSITE PROVIDER IS ON NOTICE OF SUCH PROBLEMS. YOU FURTHER AGREE AND UNDERSTAND THAT THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT; NO ADVICE OR INFORMATION GIVEN BY Proloa, A THIRD PARTY PROVIDER OR THEIR RESPECTIVE EMPLOYEES OR AGENTS, SHALL CREATE ANY WARRANTY, GUARANTY, PROMISE, OR OTHERWISE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES, YOU AGREE THAT THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE EXTENT ALLOWED BY APPLICABLE LAW.
- LIMITATION OF PROLOA AND THIRD PARTY PROVIDER LIABILITY
- YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS PROVIDED AS A PRIVILEGE, SOLELY FOR CONVENIENCE, AND USE OF THE WEBSITE DOES NOT IMPOSE LIABILITY OF ANY KIND (OR IN ANY AMOUNT) ON PROLOA OR A THIRD PARTY PROVIDER, INCLUDING WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER SIMILAR DAMAGES) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THIS WEBSITE, ITS FEATURES OR CONTENT, EVEN IF PROLOA OR ITS THIRD PARTY PROVIDER IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
- YOU FURTHER AGREE THAT IF FOR ANY REASON ANY OF THE FOREGOING LIMITATIONS OF LIABILITY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED TO BE UNENFORCEABLE, THEN THE MAXIMUM AGGREGATE, CUMULATIVE LIABILITY OF Proloa AND ITS THIRD PARTY PROVIDER ARISING OUT OF, OR RELATED TO, THIS AGREEMENT AND THE USE OF THE WEBSITE SHALL NOT EXCEED THE LESSER OF (I) YOUR DIRECT DAMAGES (IF ANY), OR (II) FIFTY DOLLARS ($50.00).
- YOU AGREE THAT THE LIMITATIONS IN THIS SECTION SHALL BE DEEMED TO APPLY TO ALL CAUSES OF ACTION AND ALL LEGAL THEORIES, WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM: (i) BREACH OF CONTRACT, BREACH OF WARRANTY, GROSS NEGLIGENCE, NEGLIGENCE OR OTHER TORTIOUS CONDUCT, (ii) DAMAGES FROM ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, ACCIDENT, MISUSE OR FRAUDULENCE, UNAUTHORIZED USE OF THIS WEBSITE, USE OR LOSS OF USE OF DATA, DELAYS, NON-DELIVERY, MIS-DELIVERY, BREACH OF SECURITY, LINE FAILURE OR WEBSITE INTERRUPTIONS OR DUE TO INADVERTENT RELEASE OR DISCLOSURE OF INFORMATION SENT BY YOU EVEN IF THE SAME IS CAUSED BY Proloa’S OR A THIRD PARTY PROVIDER’S OWN NEGLIGENCE, OR (iii) ANY OTHER CAUSE OF ACTION, HOWEVER STATED.
In no event will Proloa or its suppliers or licensors, be liable to you or otherwise with respect to any subject matter of the Agreement or otherwise under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages, including without limitation, loss of profits or diminution of value; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Proloa under the Agreement during the twelve (12) month period prior to the cause of action. Proloa shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty.
You agree to indemnify and hold harmless Proloa, its affiliates and their respective contractors, licensors, and directors (or equivalents thereof), officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of the Agreement.
The Agreement constitutes the entire agreement between Proloa and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Proloa, or by the posting by Proloa of a revised version. Except to the extent applicable law, if any, provides otherwise, the Agreement, any access to or use of the Website will be governed by the laws of the Republic of Singapore excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Singapore. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such rules. The arbitration shall take place in Singapore in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Proloa may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- Account Eligibility.
By viewing our website and registering for or using the Services, you represent and warrant that:
- You are thirteen (13) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (13) is unauthorized and is a violation of this Agreement.
- If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
- You are not an employee or contractor for Google Inc., Yahoo! or the Microsoft Corporation. Any registration, use of or access to the Services, by anyone under the employment of Google Inc., Yahoo! or the Microsoft Corporation is unauthorized and is a violation of this Agreement.
It is your responsibility to provide accurate, current, and complete information on the registration forms. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Providing false contact information of any kind may result in the termination of your account.
- Backlink Services.
Proloa agrees to provide the customer with website back-links as described on https://proloa.com for the sole purpose of search engine optimization (SEO). Proloa is authorized to use the specific URL and keywords/phrases given in an order for development, improvement of site ranking in search engines. Proloa reserves the right to refuse any content or site. The services provided at this site come with no guarantee. All numbers, figures and claims are estimates.
- Proloa does not endorse or support any of the subjects or opinions on any site the customer’s back link might be contained on. We will not be held liable for any misrepresentation of a customer or their site.
- SEO link indexing, ranking or rise in SERPs are NOT guaranteed under ANY condition. It is known for search engines to analyze over 220 on-page and off-page ranking factors and, as such, Proloa cannot control every aspect of a site’s SEO or results.
- You are responsible for any changes made to your site that could conflict with any service ordered at http://com. Change in site structure or content..etc can effect SEO results.
- Proloa or its owners is not responsible for any such SEO theory such as ‘sandboxing’, ‘Google dance’, de-indexing, de-ranking or any other known or unknown possible negative impact from using the services offered by Proloa.
- In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with any use of this service. BUY AND USE THE SERVICES CONTAINED AT YOUR OWN RISK.
- The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
- Reports rendered to you as a part of the service ordered are not guaranteed to be accurate or a full representation of the services ordered. We make a best effort to provide the most accurate reporting data for the service purchased but it is not always possible to provide all data due to reasons uncontrolled by Proloa.