Welcome to PUBLYTO. These Terms of Service ("Terms") govern your access to and use of PUBLYTO, including any our online and/ or mobile services, websites and software provided on or in connection with the PUBLYTO Service (collectively the "Services"), and any videos, commerce services, information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you (¡°you¡± or ¡®your¡±), agree to be bound by these Terms. Please read them carefully.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THE SERVICE MAY CONTAIN CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE, AND YOU AGREE THAT PUBLYTO SHALL NOT BE LIABLE FOR ANY DAMAGES YOU ALLEGE IN INCUR AS A RESULT OF ANY EXPOSURE TO SUCH CONTENT. YOU USE THE SERVICE AT YOUR OWN RISK.
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
You may use the Services only if you can form a binding contract with PUBLYTO and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that PUBLYTO provides are always evolving and the form and nature of the Services that PUBLYTO provides may change from time to time without prior notice to you. In addition, PUBLYTO may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by PUBLYTO on the Services are subject to change. In consideration for PUBLYTO granting you access to and use of the Services, you agree that PUBLYTO and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You must not use our Website or our Services for commercial purposes without our prior written consent.
We are constantly changing and improving Service. We may, without prior notice to you, add or remove functionalities or features, and we may suspend or stop the Service altogether. PUBLYTO reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) or any User account with or without notice. You agree that PUBLYTO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
4.Your Registration Obligations Your PUBLYTO account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an PUBLYTO account on behalf of a company, organization, school, or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your PUBLYTO account (such as google/instagram or your email). You agree to (a) immediately notify PUBLYTO of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. PUBLYTO cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You are solely responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages, annotations, or other content, information, and materials ("User Content") that you upload, post, publish or display (hereinafter, "post") or email or otherwise transmit or use via the Service, including without limitation (i) Registration Data, (ii) the information you include in your profile, which may include your handle or profile page for third party accounts like Google and Instagram and your photo, (iii) your comments on the Service, and (iv) any bodies of text, or graphics you post to the Service.
PUBLYTO takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that PUBLYTO shall not be liable for any damages you allege to incur as a result of User Content.
Any use of or reliance on User Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to User Content that might be offensive, harmful, inaccurate, inappropriate for children or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All User Content is the sole responsibility of the person who originated such User Content. We may not monitor or control the User Content posted via the Services and, we cannot take responsibility for such User Content. You agree that PUBLYTO shall not be liable for any damages you incur as a result of User Content.
PUBLYTO respects the intellectual property rights of others and expects users of the Service to do the same. We reserve the right to remove User Content alleged to be infringing without prior notice, at our sole discretion and without liability to you. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us as described below.€ By using the Service you represent and warrant that your User Content does not violate any applicable law or infringe any third party proprietary rights, including but not limited to, any Intellectual Property Rights.
You retain your rights to any User Content (¡°User Content¡±). By submitting, posting or displaying any Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, PUBLYTO a worldwide, royalty-free, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and make derivative works of such User Content in any and all media, technology or distribution methods (now known or later developed). This license authorizes PUBLYTO to make your User Content available, to the rest of the world and to let others do the same. You agree that this license also includes the right for PUBLYTO to provide, promote, and improve the Services and to make User Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion, publication, or otherwise of such User Content on other media and services. Such use by PUBLYTO or other companies, organizations or individuals may be made with no compensation paid to you with respect to your content.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of PUBLYTO and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. PUBLYTO reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding PUBLYTO, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to suspend terminate users or reclaim usernames and profile URLs without liability to you.
You may not post content that: (i) impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others; (ii) violates the rights of a third party, including copyright, trademark, privacy, and publicity rights; (iii) is a direct and specific threat of violence to others; (iv) is pornographic or sexually explicit; (v) is furtherance of illegal activities; or (vi) is harassing, abusive, or constitutes spam. The PUBLYTO Rules (which are part of these Terms) further detail what is prohibited on the Service.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of PUBLYTO, its users and the public.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, PUBLYTO¡¯s computer systems, or the technical delivery systems of PUBLYTO¡¯s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by PUBLYTO (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with PUBLYTO (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of PUBLYTO is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
PUBLYTO respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, PUBLYTO will also terminate a user's account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Copyright Agent, c/o PUBLYTO Email: firstname.lastname@example.org
The Terms will continue to apply until terminated by either you or PUBLYTO as follows. You may end your legal agreement with PUBLYTO at any time for any reason by deactivating your accounts and discontinuing your use of the Services. We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms; (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account. Nothing in this section shall affect PUBLYTO¡¯s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
Please review the PUBLYTO Service Rules below, in consideration of the license to use the Services you agree to comply with the Service Rules which are part of these Terms and outline what is prohibited on the services. Please also note, PUBLYTO comments often appear in websites and online communities not owned by PUBLYTO, these websites and online communities may their own rules about content and comments on their site, please respect the rules of the communities in which you are using PUBLYTO to comment.
Bullying; Harassment; Hate Speech. We do not allow bullying or hate speech on the PUBLYTO platform. Hate speech attacks people based on ¡°protected characteristics¡± which include race, ethnicity, sexual orientation, religious affiliation, sex, gender, gender identity or serious disability or disease. Bullying targets individuals with the intention of degrading or shaming them. Bullying is especially harmful to minors because they may be more vulnerable. PUBLYTO prohibits bullying and hate speech and requires our users to respect each other and comment with the respect and sensitivity of others in mind. Safety; Self-Harm. Users are prohibited from promoting or encouraging suicide or self-harm. When we receive reports that a person is threatening suicide or self-harm, we may take a number of steps to assist them, such as reaching out to that person and providing resources such as contact information for our mental health partners. Trademark Rights and Rights of Publicity; Impersonation. Users are required to respect the intellectual property rights of others, and are prohibited from posting content that violates someone else¡¯s copyright, trademark, or right of publicity. Additionally, users are prohibited from impersonating others in a manner that does or is intended to mislead or deceive others. Accounts portraying another person in a confusing or deceptive manner may be banned at PUBLYTO¡¯ discretion.
Child sexual exploitation. PUBLYTO prohibits content that sexually exploits or endangers children. If we become aware of apparent child exploitation, we will report it in compliance with applicable law.
Inappropriate Content. Graphic media, including explicit violence, gore, and pornographic content are not allowed.
Deceitful data collection; Malware.Collecting or harvesting any personally identifiable information, including account names, from the Service; attempting to interfere with, to compromise the system integrity or security or to decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading data, viruses, worms, or other software agents through the Service accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xiii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. Spam. Users are prohibited from posting or sending Spam through the service. What constitutes Spam is constantly evolving. Generally, Spam means repeated actions that negatively impact others, such as repeatedly posting a comment with the intent to post a thread etc. Violence and Criminal Acts. Users are prohibited from promoting or publicizing violent crime, theft, or fraud. We also prohibit users from making credible threats of violence, serious physical harm, or death. This includes, but is not limited to, promoting, publicizing or threatening terrorist activity, organized hate crime, mass or serial murder, human trafficking, organized violence.
Please read this section carefully since it limits the liability of PUBLYTO and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "PUBLYTO Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The Services are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, PUBLYTO ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
PUBLYTO Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; or (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
No advice or information, whether oral or written, obtained from PUBLYTO Entities or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by PUBLYTO Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PUBLYTO ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE PUBLYTO ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Acceptance of Agreement
PUBLYTO provides you (the registered member) with its service available in iOS, Android, Web applications, REST which are subjected to your acceptance of this Terms.
By Clicking the 'Apply or Details' button in the marketing invitations (letter or email), the user automatically agrees to our Terms.
By submitting an application for the Evangelist program, you are agreeing to automatically be singed up for the PUBLYTO iOS, Android, Web applications, REST which are subjected to your acceptance of this Terms.
By signing up for the PUBLYTO iOS, Android, Web applications, REST, you are automatically subscribed to receive and newsletter, advertising and marketing materials and any other communications. If you do not wish to receive these communications, you can unsubscribe by emailing email@example.com
Waiver and Severability
The failure of PUBLYTO to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in the federal or state courts located in New York City, New York, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).
We may revise these Terms from time to time, the most current version will always be at€https://www.PUBLYTO.com. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 10 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by PUBLYTO. If you have any questions about these Terms, please contact us at firstname.lastname@example.org