Terms & Conditions

Terms and Conditions

Welcome to ProComm.com. ProComm Services LLC and/or its affiliates (“ProComm”) provide website features and other products and services to you when you visit or shop at ProComm.com, use ProComm products or services, use ProComm applications for mobile, or use software provided by ProComm in connection with any of the foregoing (collectively, “ProComm Services”). ProComm provides the ProComm Services subject to the following conditions.

By using ProComm Services, you agree to these conditions. Please read them carefully.

We offer a wide range of ProComm Services, and sometimes additional terms may apply. When you use an ProComm Service (for example, Your Profile, Gift Cards, ProComm Instant Video..) you also will be subject to the guidelines, terms and agreements applicable to that ProComm Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of ProComm Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use any ProComm Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other ProComm Services, such as our Message Center. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any ProComm Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of ProComm or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any ProComm Service is the exclusive property of ProComm and protected by international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any ProComm Service are trademarks or trade dress of ProComm in the Romania and other countries. ProComm’s trademarks and trade dress may not be used in connection with any product or service that is not ProComm’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ProComm. All other trademarks not owned by ProComm that appear in any ProComm Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ProComm.

PATENTS

One or more patents owned by ProComm apply to the ProComm Services and to the features and services accessible via the ProComm Services. Portions of the ProComm Services operate under license of one or more patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and your payment of any applicable fees, ProComm or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the ProComm Services. This license does not include any resale or commercial use of any ProComm Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any ProComm Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by ProComm or its licensors, suppliers, publishers, rightsholders, or other content providers. No ProComm Service, nor any part of any ProComm Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ProComm. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ProComm without express written consent. You may not use any meta tags or any other “hidden text” utilizing ProComm’s name or trademarks without the express written consent of ProComm. You may not misuse the ProComm Services. You may use the ProComm Services only as permitted by law. The licenses granted by ProComm terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

If you use any ProComm Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ProComm does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the ProComm Services only with involvement of a parent or guardian. ProComm reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ProComm reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant ProComm a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ProComm and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ProComm for all claims resulting from content you supply. ProComm has the right but not the obligation to monitor and edit or remove any activity or content. ProComm takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

ProComm respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please send us an email to office@procomm.ro with your claim.

RISK OF LOSS

All items purchased from ProComm are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

ProComm does not REFOUND.

PRODUCT DESCRIPTIONS

ProComm attempts to be as accurate as possible. However, ProComm does not warrant that product descriptions or other content of any ProComm Service is accurate, complete, reliable, current, or error-free. If a product offered by ProComm itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price or Suggested Price displayed for products on any ProComm Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent “open-stock” prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.

With respect to items sold by ProComm, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by ProComm is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created by ProComm, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

OTHER BUSINESSES

Parties other than ProComm operate stores, provide services, or sell product lines through the ProComm Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. ProComm does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE ProComm SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ProComm SERVICES ARE PROVIDED BY ProComm ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ProComm MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ProComm SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ProComm SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ProComm SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ProComm DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ProComm DOES NOT WARRANT THAT THE ProComm SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ProComm SERVICES, ProComm’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ProComm ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ProComm WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ProComm SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY ProComm SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES

Any dispute or claim relating in any way to your use of any ProComm Service, or to any products or services sold or distributed by ProComm or through ProComm.ro will be resolved in court,

APPLICABLE LAW

By using any ProComm Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ProComm.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on this site. These policies also govern your use of ProComm Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

ProComm Systems SRL-D

Argesului 103, ROmania

Additional ProComm Software Terms

Use of the ProComm Software. You may use ProComm Software solely for purposes of enabling you to use and enjoy the ProComm Services as provided by ProComm, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the ProComm Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the ProComm Software or otherwise assign any rights to the ProComm Software in whole or in part. You may not use the ProComm Software for any illegal purpose. We may cease providing any ProComm Software and we may terminate your right to use any ProComm Software at any time. Your rights to use the ProComm Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain ProComm Software that are specifically identified in related documentation may apply to that ProComm Software (or software incorporated with the ProComm Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any ProComm Service is the property of ProComm or its software suppliers and protected by United States and international copyright laws.

Use of Third Party Services. When you use the ProComm Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the ProComm Software, whether in whole or in part, or create any derivative works from or of the ProComm Software.

Updates. In order to keep the ProComm Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.

BY CLICKING ON THE “ACCEPT” BUTTON, OPENING THE PACKAGE, DOWNLOADING THE PRODUCT, OR USING THE EQUIPMENT THAT CONTAINS THIS PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE “DO NOT ACCEPT” BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.

1. This agreement is only valid if you buy a license.

2. This is an agreement between Licensor and Licensee, who is being licensed to use “Darkorbit BOTS”.

3. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software.

4. This License permits Licensee to install “Darkorbit BOTS”. on more than one computer system, as long as “Darkorbit BOTS”. will not be used on more than one computer system simultaneously. Licensee will not make copies of “Darkorbit BOTS”. or allow copies of “Darkorbit BOTS”.to be made by others, unless authorized by this License Agreement. Licensee may make copies “Darkorbit BOTS”. for backup purposes only.

5. “Darkorbit BOTS”. is subject to a limited warranty, licensor cannot be held responsible in case of DarkOrbit account banning temporarily, premanently or other damages.

6. In case of a breach of the Limited Warranty, Licensee’s exclusive remedy is as follows: Licensee will return all copies of the Software to Licensor, at Licensee’s cost, along with proof of purchase. (Licensee can obtain a step-by-step explanation of this procedure, including a return authorization code, by contacting Licensor. At Licensor’s option, Licensor will either send Licensee a replacement copy of the Software, at Licensor’s expense, or issue a full refund.

7. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply.

8. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.

9. Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee.

10. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.

11. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.

12. This License Agreement is governed by the law of Romania applicable to Romania contracts.

13. This License Agreement is valid without Licensor’s signature. It becomes effective upon the earlier of Licensee’s signature or Licensee’s use of the Software.

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