Terms of Service
TERMS OF SERVICE
Welcome to AfterPromCentral.com! We are glad you have decided to use our services. We look forward to your involvement with our site. Before you begin delving into the vast services and content available on our site, please take a moment to review these Terms of Services (“Terms” or the “Agreement”). These Terms are an agreement between you and AfterPromCentral.com. It is important that you understand both the benefits we provide as well as our limitations.
ACCEPTANCE OF TERMS
When you log onto AfterPromCentral.com, you agree to these Terms. These Terms may be updated from time to time. We will notify you of any significant updates by presenting you with an alert that describes the changes. Your continued use of our services signifies your acceptance of the changes. These Terms will always be available to users on this page for you to read.
When using free services offered through AfterPromCentral.com’s third-party service providers, you will be subject to terms posted by these third-party service providers. Also, by opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers signifies your agreement to those additional terms.
The AfterPromCentral.com Site is not directed to children under the age of 13. The AfterPromCentral.com Site prohibits the use by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted at points of data collection within the AfterPromCentral.com Site, such as registration for services.
ABOUT OUR SERVICES.
A). AfterPromCentral.com Services. As a commitment to our users, we currently provide you with access to a rich collection of online resources. The services offered on the AfterPromCentral.com Site are presently provided free of charge. It is possible that this could change in the future.
B). Service Limitations. We will do our best to make your experience with the AfterPromCentral.com Sites a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that AfterPromCentral.com’s services, including the services of our third party service providers, are provided “AS IS.” The AfterPromCentral.com Site and out third party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings.
C). Service Changes and Discontinuation. AfterPromCentral.com reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that AfterPromCentral.com will not be liable to You or any third party for any modification or discontinuance of the Service.
D). Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the AfterPromCentral.com Site. Accurate records help us create a better site and provide us with opportunities to identify new services or products that may interest you.
E). Obey the Law. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property of others.
F). Content Restrictions. The AfterPromCentral.com Site attempts to provide some of the very best content available on the web and we make it available to you on the Web for your personal, non-commercial use. All Website design, text, graphics, the selection and arrangement thereof, and all software that are part of the AfterPromCentral.com site are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on the AfterPromCentral.com Site is strictly prohibited without the prior written permission of AfterPromCentral.com. Content that is publicly available on the AfterPromCentral.com Sites may not be stored in a computer, except for personal and non-commercial use.
2. Rights You Grant to AfterPromCentral.com Site
A). AfterPromCentral.com Advertising. The AfterPromCentral.com Site relies on advertisers to help fund the services that we offer to our members. In order to continue our free service, you agree that the AfterPromCentral.com Site may display advertisements and promotions of all kinds in and with the services.
B). Account Access. In order to ensure that the AfterPromCentral.com Site are able to provide high-quality services that are responsive to members’ needs, you agree that AfterPromCentral.com employees have access to your account and records as reasonably needed to investigate complaints.
Disclaimer of Warranties. You expressly understand and agree that:
Your use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” basis. AfterPromCentral.com and its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
AfterPromCentral.com makes no warranty that (I) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (vi) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the AfterPromCentral.com Site, our third party service providers, or through or from the Service will create any warranty not expressly stated in the terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the extent that any part of this section is not consistent with any other part of these terms, then this Disclaimer of Warranties will override it.
Limitation of Liability:
You agree that the AfterPromCentral.com Site will not be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the AfterPromCentral.com Sites have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the service.
You agree to protect and fully compensate the AfterPromCentral.com Site and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the services, your violation of the terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
The AfterPromCentral.com Site provides information of a general nature and are designed for informational and entertainment purposes only.
AfterPromCentral.com’s rights under this Agreement may not be waived unless AfterPromCentral.com agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with AfterPromCentral.com’s prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.
All matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of New York, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and the AfterPromCentral.com site about the services.
1. Payment Obligation and Credit Card Authorization
No warranty is made by AfterPromCentral.com regarding any information, services, or products provided through or in connection with our services, and AfterPromCentral.com hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The subscriber hereby warrants and represents that he or she is in all respects is qualified and competent to enter into this agreement.
LIMITATIONS OF LIABILITY
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
AfterPromCentral.com spends a great deal of time and money to obtain the information appearing on its web sites. Users agree that they will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from AfterPromCentral.com web sites, without express written permission from AfterPromCentral.com. Additionally, reuse of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
This agreement is subject to change by AfterPromCentral.com at any time. We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by email where reasonably possible and a change notice will be posted at www.AfterPromCentral.com. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the Service following our posting of a change notice or new agreement on the AfterPromCentral.com Site will constitute your binding acceptance of the change.
This Agreement is governed by the laws of the State of New York, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in New York U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or federal law. AfterPromCentral.com expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You will not do the following:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell any goods or services for any commercial purpose.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Personal information such as name, sex, age, address, email address, telephone number, fax number, credit card number (and related information), likes, dislikes, and hobbies will be collected throughout the site in order to tailor the website to your preferences. Whether you are ordering products, participating in surveys, competing for a contest, or entering one of our chat rooms, we at AfterPromCentral.com want to know how we can make your experience on our site more enjoyable.
In order to participate in such activities as sending greeting cards to friends and placing gift orders online, it is necessary to submit others’ information. Although this information may not be as thorough as your personal information but it may include name, address, email and telephone number.
Sometimes it is necessary to collect non-personal information (such as browser and operating system information, and Internet service provider) that in no way distinguish you personally.
USAGE AND DISCLOSURE OF INFORMATION
There is an assortment of ways in which we may use your personal information. For instance, if you have placed an order with AfterPromCentral.com or requested services, we may use your information in order to respond to these wishes. For example, using the information for any reason other than the service performed would violate our guidelines and result in a severance of relations with that company.
We take precaution in protecting your personal information for unauthorized use. Yet, we are unable to guarantee the complete security of your information and that it will never be disclosed in a way contradictory to the measures listed in this document which is not under our control.
If you have questions about our policies or wish to find out if your son/daughter is a member of AfterPromCentral.com, please contact us at [email protected] our site is aimed at children 13 years old and older. We would not knowingly obtain personal information about a child who does not meet this criterion. If have reason to believe your child, under the age of 13 years old, has provided us with information, please contact us.