Terms and conditions

These terms and conditions are for promptng.com relating to the website, its users, and subscribers.

The Terms for the Website represent a legally binding agreement between you, an individual user or a single entity (collectively or individually “Users”), and PromptNG regarding your use of the Website. Together, Users and PromptNG are each referred to herein individually as a “Party” or collectively as the “Parties.” When using the Website, you will be subject to any additional posted guidelines or rules applicable to specific services and features that may be posted from time to time on the Website (the “Guidelines”).  All Guidelines are incorporated by reference into these Terms.

  1. INTRODUCTION

Your access and use of the Service constitutes your agreement to be bound by these Terms and Conditions of Use, which establishes a legally binding contractual relationship between you and the Company. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE.

1.1. You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, other content, software, and materials displayed on the Service or used by the Company to operate the Service (including the Website and the Content and excluding any User Content (as defined below)) are proprietary to us or to third parties.

1.2. The Company expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation of them is strictly prohibited. The provision of the Service does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.

1.3. The information you submit to us as part of your use of our Website, and any data, text, and other material that you may submit or post to us (“User Content”) remain your intellectual property, and the Company does not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that the Company may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Service and as described in these Terms and the Privacy Policy.

1.4. You grant the Company the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Service.

1.5. Subject to these Terms, the Company grants you a non-transferable, non-exclusive, license (without the right to sublicense) to use the Service solely for your personal, non-commercial purposes.

1.6. You agree, and represent and warrant, that your use of the Service, or any portion thereof, will be consistent with the foregoing license, covenants, and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations, and ordinances relating to the Service or your use of it, and you will be solely responsible for your own individual violations of any such laws.

1.7. We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Company’s actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

1.8. Your access to and use of the Service is at your own risk. The Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.

1.9. The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company’s sole discretion.

2. USER REPRESENTATIONS AND REGULATIONS

2.1. You must be at least [18] years of age to use this website. By using this website and by agreeing to these Terms and Conditions you warrant and represent that you are at least [18] years of age.

2.2. You represent that you either created the content yourself or have received the legal right and authority from the person who created the text, software, scripts, graphics, photos, sounds, music, video to grant Promptng full and unrestricted rights to the text, software, scripts, graphics, photos, sounds, music, video, and that our exercise of such rights shall not constitute an infringement of any copyright, civil, personal or property right of any third party. If you are submitting text, software, scripts, graphics, photos, sounds, music, video, you represent that you have full authority, permission, and license from all copyright holders.

2.3. Unless otherwise agreed to in writing, PromptNG shall have no obligation to publish or post your text, software, scripts, graphics, photos, sounds, music, video. For all content published or posted upon the site, we reserve the right to remove it at our discretion for any reason whatsoever and we will give no refunds or compensation.

2.4. You hereby agree that you will indemnify PromptNG, its officers, employees, and agents, from and against any and all claims, demands, actions, losses, liabilities, costs, and expenses arising from any breach or alleged breach of any term, warranty, or condition of this agreement, or from any claims of infringement or alleged infringement arising from your text, software, scripts, graphics, photos, sounds, music, video submission.

2.5. As an interested party, you may submit Content. You understand that whether or not Content is published, PromptNG does not guarantee any confidentiality with respect to Content.

2.6. You understand and agree that you are solely responsible for your own Content and the consequences of posting or publishing it. PromptNG as a platform and publisher does not endorse any Content or any opinion, recommendation, or advice expressed therein, and it expressly disclaims any and all liability in connection with Content. PromptNG as a publisher has defined editorial values of Truth, Insightfulness, and Entertainment it asks to be upheld, but it does not define or take responsibility for local Content. It rather functions as an independent platform. This is explicitly true for both third-party users as well as employees of companies associated or employed by Pulse-related or owned companies.

2.7. By submitting your text, software, scripts, graphics, photos, sounds, music, video to our website for consideration for posting you hereby confirm the rights and responsibilities that you have with regard to the video and hereby grant PromptNG the irrevocable right and license to duplicate, broadcast, exhibit, transmit and exploit the video, or to allow Promptng to grant sublicenses to third parties to duplicate, broadcast, exhibit, transmit and exploit the video, on the internet, mobile platforms or other media throughout the world.

3. SPONSORED CONTENT, THIRD-PARTY CONTENT, AND LINKS AVAILABLE

3.1. Where you see the label “Sponsored Content” on an article on this Site it means that our Publisher/Editor retains editorial control and sign off of the article. Where you see the label “Advertorial” these are also written by our journalists but control and final sign-off lies with the advertiser.

3.2. We are not liable or responsible for the third-party content on this Site. Third-party content includes, for example, comments posted by users and the content of advertisements.

3.3. Where this Site contains links to other sites and resources, which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third-party sites or resources.

If you see something which you reasonably believe breaches these Terms of this website, please use the Report Abuse facility. If there is no facility available, please contact us at promptng8@gmail.com.

4. AVAILABILITY OF SERVICES

PromptNG may make changes to or discontinue any of the PromptNG Materials, web communities, products, or services available on the Website at any time, and without notice, and PromptNG makes no commitment to update these materials on the Website.

5. SERVICE TESTING

From time to time, we test various aspects of the Website, including the platform, user interfaces, service levels, plans, promotions, features, availability of PromptNG Materials, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

6. TERMINATION 

You agree that PromptNG, in its sole discretion, may terminate any account (or any part thereof) you may have through the Website or your use of the Website, and remove and discard all or any part of your account or any User Content. You agree that your access to the Website or any account you may have or portion thereof may be terminated without prior notice, and you agree that PromptNG shall not be liable to you or any third party for any such termination. PromptNG reserves the right to modify, suspend or discontinue the Website and/or access to it at any time and without notice to you, and PromptNG will not be liable to you should it exercise such rights, even if your use of the Website is impacted by the change. These remedies are in addition to any other remedies PromptNG may have at law or in equity.

7. LIMITATIONS AND LIABILITY 

7.1. Information contained on this website is for information purposes only and does not constitute advice. You should check any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to the Site or its contents.

7.2. Except for liability for fraudulent misrepresentation, we are not liable for:

        (a) any action you may take as a result of relying on any information provided on this Site or for any loss or damage suffered by you as a result of you taking this action;

        (b) any dealings you have with third parties (e.g. other users, advertisers, or promoters) that take place using or facilitated by the Site;

        (c) any liability for losses which are not a foreseeable or likely consequence of (i) your use of the Site, or (ii) a breach of these Terms; and

        (d) any loss or damage which you may suffer as a result of or connected to your use of the embed code, player, or the Embeddable Content. 

7.3. We are not responsible if you cannot access the Site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser, or the Internet.

7.4. The Site relies in part on software to work. The software has bugs. Whilst we will monitor the Site and try to fix bugs, we cannot guarantee that the Site or any individual feature of the Site will be error-free, available all the time, and/or free from viruses.

7.5. However, nothing in these Terms will affect any liability we may have for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited by law.

8 LIMITATIONS AND LIABILITIES    

8.1. The information contained on this Site is for information purposes only and does not constitute advice. You should check any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to the Site or its contents.

8.2. Except for liability for fraudulent misrepresentation, we are not liable for:

        (a) any action you may take as a result of relying on any information provided on this Site or for any loss or damage suffered by you as a result of you taking this action;

        (b) any dealings you have with third parties (e.g. other users, advertisers, or promoters) that take place using or facilitated by the Site;

        (c) any liability for losses which are not a foreseeable or likely consequence of (i) your use of the Site, or (ii) a breach of these Terms; and

        (d) any loss or damage which you may suffer as a result of or connected to your use of the embed code, player, or the Embeddable Content. 

8.3. We are not responsible if you cannot access the Site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser, or the Internet.

8.4. The Site relies in part on software to work. The software has bugs. Whilst we will monitor the Site and try to fix bugs, we cannot guarantee that the Site or any individual feature of the Site will be error-free, available all the time, and/or free from viruses.

8.5. However, nothing in these Terms will affect any liability we may have for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited by law.

9. GOVERNING LAW

(a). These Terms shall be governed in accordance with the laws of the Republic of Nigeria.

(b). Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act (Cap. A18) of the Republic of Nigeria. The number of arbitrators shall be one. The seat of arbitration shall be Lagos, Nigeria. The language to be used in the arbitral proceedings shall be English.

10. INTERNATIONAL USE

The Company makes no representation that the Service is accessible, appropriate, or legally available for use in your jurisdiction, and accessing and using the Service is prohibited from territories where doing so would be illegal. You access the Service at your own initiative and are responsible for compliance with local laws.

CONTACT

If you want to send any notice under these Terms or have any questions regarding the Service, you may contact us at promptng8@gmail.com.

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

Last Updated: 16 AUGUST 2021

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