1.1. The User’s use of the Promokrot website, services and information provided by the Promokrot website is subject to the terms of the following Terms of Service Agreement (TOS) between the User and Promokrot.
1.2. The User is defined as anyone who uses the Promokrot website and any information and services provided by Promokrot.
1.3. The Promokrot website refers to the Internet site with the address https://promokrot.com/ as well as banners and advertisements on other websites with a hyperlink(s) to https://promokrot.com/.
1.4. Promokrot «services» refers to the ability that Promokrot gives Users to publicize ads on the Promokrot website in the form of an article caption (or post), short description and picture with a link to the website where this article is published. Promokrot doesn’t create, write, or publish news stories or articles.
1.5. The Promokrot website, services, and information will be referred to collectively as the «Services» in this document excluding any additional services provided to the User by Promokrot under a separate written agreement.
1.6. Promokrot reserves the right to change the Terms of Service (TOS) at any time without providing any advanced notice.
2.1. In order to use the Services, the User must first agree to the Terms of Service (TOS). The User may not use the Services if he/she does not accept the TOS. If the User is already using the Services, but the User has not accepted the TOS, then the User must stop using Promokrot’s Services immediately.
2.2. The User can accept the Terms of Service simply by using the Services. In this case, the User understands and agrees that Promokrot will treat his/her use of the Services as acceptance of the Terms of Service from that point onwards.
3.1. Choosing Promokrot Services. The User is responsible for choosing the appropriate Promokrot service that appropriately meets the User’s needs accounting for corresponding Promokrot fees and charges.
3.2. Billing Cycle. The fees for Promokrot Services and any and all other charges associated with Promokrot services incurred by the User (e.g. taxes, transaction fees) will be appropriately charged to the User. The length of User’s billing cycle depends on the Triggered billing amount chosen by the user. The system will limit automated billing to maximum of two transfer operations per day. User may locate his or hers Trigger billing amount at «Billing Detail» link on the «Account» webpage of his or hers personal cabinet. All payments will be calculated based on Promokrot’s tracking system.
3.3. Payment Methods. To use Promokrot’s Services, the User must provide valid payment method. The User always bears personal responsibility for any and all charges associated with the service purchased. Failure to settle outstanding obligations for purchased services may result in account suspension. The User is hereby on notice that Certain Payment Methods may lead to additional financial surcharges, thus the User has to check with his or her Payment Method service provider to verify transactional costs of payment.
3.4. Updating your Payment Methods. The User is responsible to continuously keep his or her Payment Method valid and accurate. The User may his or her Payment Methods by going to the «Account» page. Promokrot may update User’s Payment Methods based on information provided by the payment service providers. Following any Payment Method update, the User authorizes Promokrot to continue to charge the appropriate Payment Method(s).
3.5. Third-part processors. The User acknowledges that Promokrot may utilize third-party electronic payment processors and/or financial institutions to process financial transactions. A third-party payment processor is an entity that helps Promokrot receive payments online from Users without setting up merchant accounts with a bank. Third-party electronic payment processors bears any and all responsibility for the security and accuracy of the transaction.
4.1. Promokrot enables the User to create ads from the articles published at the original website where the news and articles were published. The content of the ad’s post/caption/announcement/headline/hyper-link/photo (hereafter referred to as «Link») may differ from the content of the article for which the link was made.
4.2. In any Link, the User can use any picture or image which is published on the same page of the website where the original article is published and is relevant to the article. This picture or image will be published as a thumbnail. The User who publishes the Link and the website where the aforementioned article was published bear complete responsibility for any infringement of a third party’s copyright (copyright of the person(s) or organization(s) who created or owns the content of the article or photo) if such an infringement of copyright occurs.
4.3. In a Link, the User is allowed to use any picture or image which is NOT published on the same page of the website where the publicized article is published. In this case, the picture or the image must be taken from open resources only (licensed free resources) and will be published as a thumbnail in the Link.
4.4. The content of the picture or image in a Link may differ from the topic of the Link’s caption, from the Link’s short description, from the original article’s caption, and from the content of the original article. The person(s) shown in the photo in the Link may differ from the person(s) shown or mentioned in the article. The picture used in the Link may be unrelated to the content of the original article.
4.5. The User understands and agrees that he/she is responsible for any information, data, written text, pictures, images, video and other content (hereafter referred to as «Content») which he/she publishes on the internet using the Services of Promokrot. This means that only the User (and not Promokrot) bears full responsibility for all Content which the User publishes, uploads, sends, transfers, receives, shares or otherwise makes public using the Services of Promokrot. Promokrot does not monitor the Content published, posted, uploaded, sent, transferred, received, or shared with its Services and, therefore, does not guarantee the accuracy, completeness, comprehensiveness or quality of any Content. The User understands that while using the Services of Promokrot he/she might come into contact with Content that could seem offensive, indecent or objectionable. Promokrot is not responsible for any Content created by the use of the Services by any User under any circumstances.
4.6. The User agrees that Promokrot is not obliged to check any of the Content before it is published. The User also agrees that Promokrot has the right (but shall have no obligation) to refuse or remove any or all Content (which is available through the Services of Promokrot) at its own discretion. The User agrees that Promokrot is not liable for the accuracy, reliability, completeness or usefulness of the Content displayed on the site or through the Promokrot Services.
4.7. The User agrees and understands that he/she uses the Services at his/her own risk.
4.8. The User takes into account that Promokrot Service technology may require sending Content (which the User wants to publish) through a computer network or changing the Content in order to meet specific technical requirements.
4.9. The User agrees NOT to use the Services to:
4.9.1. Promokrot reserves the right (but shall have no obligation) to refuse or remove any or all Content from the Services at its own discretion if the said Content does not meet the requirements of the Terms of Service. Promokrot is not obliged to notify the User of the reasons for removing or rejecting any Content.
4.9.2. Detecting any type of security violations, such as malicious URLs, malware files, phishing attempts, pop-ups which prevent users from exiting the browser, automatic downloads or redirects; or any brand safety violation issues will lead to the immediate blocking of your account and freezing all funds on your balance.
5.1. The User agrees not to reproduce, copy, sell or use for commercial purposes any parts of the Services, not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Promokrot, unless the User is granted special rights by Promokrot specifically in order to do so. Promokrot does not bear any responsibility for any legal agreements between the User and any other third parties.
5.2. The User agrees to refrain from trying to crack any of Promokrot ’s software or data or to decompile the Promokrot software source codes used in the Services with the intention to install it on his/her PC, phone, pocket PC or other electronic device.
6.1. Promokrot is not responsible for any delays, failures, incorrect or untimely publications, or the removal or loss of any data.
6.2. The User agrees that Promokrot may make changes to the rules and restrictions of use from time to time with or without notification of the User.
6.3. The User agrees that any Content published with the Promokrot Services as open Content can be used by Promokrot at its own discretion for its own purposes and the User cannot claim compensation (monetary or otherwise) from Promokrot for doing so.
7.1. The User acknowledges and agrees that all Promokrot Services and software are protected by copyright, trademark, license, intellectual property laws and any applicable laws of the Republic of Cyprus, laws of other countries and/or international laws.
7.2. Promokrot gives the User a personal, non-assignable and non-exclusive license to use the software provided to him/her by Promokrot as part of the Services. The User may not (and may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof. The User agrees that he/she will not reproduce, duplicate, copy, sell, trade or resell the software provided to him/her as a part of the Services for any purpose and also will not modify the Services for any purpose.
7.3. Unless the User has agreed otherwise in writing with Promokrot, the User may not use objects of Promokrot intellectual property (such as logos, trade names, trademarks and other brand features, Promokrot website content etc.).
8.1. Promokrot strives to provide the most accurate and pristine service to meet the User’s needs and demands. However, Promokrot does not guarantee that the services provided are uninterrupted and free from error.
8.2. Promokrot does not bear responsibility for the Content created and displayed by other Users through the Services.
8.3. The User is solely responsible for any breach of any sort of third party rights.
8.4. If the use of the Services by the User results in complaints or claims from a third party addressed to Promokrot concerning the breach of their rights (including copyright infringement or a person(s) depicted in the photos in the Content who does not want the images to be used in the Services) the User is held fully responsible and must take actions on her/his own to satisfy such claims and complaints.
8.5. Promokrot may (but has no obligation to) review, modify or remove Content published by the User.
8.6. Promokrot is not liable to the User for any loss of information which the User publishes on or with the Services of Promokrot.
8.7. The User understands and agrees that:
9.1. Unless the User has agreed otherwise in writing with Promokrot, all complaints, claims, requests, questions and other inquiries must be addressed to [email protected].
9.2. The Terms of Service (TOS) is a binding agreement between the User and Promokrot, which regulates the User’s use of Promokrot’s Services.
9.3. These Terms of Service, and any disputes arising from or relating to the interpretation thereof, shall be governed by and construed under the laws of the the Republic of Cyprus and any actions resulting to be performed within t the Republic of Cyprus, and without reference to its conflict of laws principles or the United Nations Conventions for the International Sale of Goods. The proper venue for any disputes arising out of or relating to any of the same will be curts in the Republic of Cyprus. The prevailing party in any action arising out of this ToS shall be entitled to an award of its costs and attorneys’ fees.
9.4. When using Promokrot Services that are free, the user agrees that consumer protection laws are not applicable to the Terms of Service.
9.5. Nothing in the TOS can be recognized as an establishment of friendship, business partnership, employment, representative relations or any other sort of relationship between the User and Promokrot which is not directly described under the Terms.
9.6. If any part of the TOS is proved to the satisfaction of a jury as being invalid or as having a non-binding nature, the rest of the Terms of Service will still remain binding.
9.7. If the User (or any other users) breaks the Terms of Service and Promokrot does not act to protect its interests, this does not mean that Promokrot cannot decide to prosecute any offender in the future.
10.1. In consideration of your use of the Promokrot Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Promokrot Services under the laws the Republic of Cyprus or other applicable jurisdiction.
10.2. As a condition to using the Services, you are required to register with Promokrot and select a password and screen name (Promokrot User ID). You shall provide Promokrot with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Promokrot account. You may not:
11.1. Parties agree not to disclose other Party Confidential Information without prior written consent of the other Party. Confidential Information includes without limitation:
11.2. Promokrot Confidential Information does not include information that has become publicly known through no breach by You or Promokrot, or information that has been:
12.1. The Users and Promokrot agree to respect the rights of other Internet users (whether they use the Promokrot Services or not), be polite to each other, follow the code of ethics and the traditions of Internet use, and agree not to use Promokrot Services with the aim to abuse morals and/or ethics in any way.
13.1. Unless agreed otherwise, the User retains the copyright and any other rights he/she already holds in the Content, which he/she submits, posts or displays on or through the Services. The User is solely responsible (as established by the current law of the Republic of Cyprus) for the use of Content which does not belong to him/her and for the breach of any third party copyright. If the User is found to have published Content which does not belong to him/her, it may be removed at the request of the owner of the content (or the person(s)/entity effected). Promokrot always retains the right to any and all content created by Promokrot or its agents unless Promokrot expressly gives license or consent for the User to use any of its intellectual property.
14.1. The User may report any violation of the Terms to [email protected]. The report should include as many details as possible. Hyperlinks to specific statements/comments would be the most significant and would hasten the processing of the report.
14.2. Compliance with these provisions is essential for the operation of Promokrot network and receipt of qualified services to User. IIn the event of a material breach of these Terms and Conditions, Promokrot reserves the right to take any and all available legal remedies in addition to the termination of the User’s agreement. The User will indemnify on the first demand, and hold Promokrot and its directors, officers, employees, agents harmless from and against any and all loss, cost, liability or expense (including, without limitation, direct consequential and liquidated damages plus reasonable attorneys’ fees) which the Promokrot may suffer, incur or sustain resulting from or arising out of any and all claims, suit or proceeding brought by a third party to the extent such claims arise out of claims or alleged claims of any third party resulting from or in connection with an infringement by User of this agreement;
15.1. Promokrot may temporarily suspend the availability of the Services to carry out scheduled hardware and software tests and/or updates (or any other necessary technical tasks). The User will be sent a notification about the start of such tasks one hour in advance along with information about when the task(s) will be finished.
15.2. In case of a force majeure, Promokrot software/hardware failures or breakdowns, failures or breakdowns of the hardware/software of Promokrot ’s partners (including failures and breakdowns which occur due to the actions of a third party) the provision of the Services may be interrupted without notification of the User.
16.1. All claims from a User(s) concerning his/her relationship with Promokrot will be considered in the follow way:
17.1. Promokrot reserves the right to change the Terms of Service (TOS) at any time without providing any advanced notice.
17.2. The changes to the TOS take effect in 3 days after they are displayed at https://promokrot.com/tos.
17.3. The User understands and agrees that if he/she uses the Services after the date on which the Terms of Service have taken effect, Promokrot will treat his/her use of the Services as acceptance of the updated Terms of Service. If User does not agree with any changes made to the Terms, then he/she must stop using the Services immediately.
18.1. The User may buy ads on Promokrot’s website. The following special terms apply to the User that places an order through Promokrot’s online advertising portal:
No agency, partnership, joint venture, or employment is created as a result of the Terms of Service and you do not have any authority of any kind to bind Promokrot in any respect whatsoever. 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. Promokrot shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Promokrot’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including «line-noise» interference). The Terms of Service is not assignable, transferable or sublicensable by you except with Promokrot’s prior written consent. Promokrot may transfer, assign or delegate the Terms of Service and its rights and obligations without consent. Both parties agree that the Terms of Service is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Service, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.