PREMO LLC

Website Terms of Use Statement
Effective July 15, 2017

Welcome to Premo!

Premo is a marketplace that connects high-quality content providers with engaged social media followers. Premo offers this website (the “Site”) to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (Terms of Use). “We,” “our” or “us” refers to Premo LLC. “Premo” or the “Site”, refers to this website, its services, and its team.

Your use of Premo constitutes your agreement to all such terms, conditions, and notices. You acknowledge that you have read and understood these terms.

Modification Of These Terms Of Use

We reserve the right to change the terms, conditions, and notices under which Premo is offered. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of Premo following the posting of changes to these terms or other policies means you accept the changes.

Links To Third Party Sites

Premo may contain links to other web sites ("Linked Sites"). The Linked Sites are not under our control and we are not responsible for the contents of any Linked Site including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the site or any association with its operators.

No Unlawful Or Prohibited Use

As a condition of your use of Premo, you warrant to us that you will not use Premo for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Premo in any manner which could damage, disable, overburden, or impair Premo or interfere with any other party's use and enjoyment of Premo. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Premo.

Account Creation

To register on Premo you must be at least 13 years old. To purchase a subscription on Premo you must be 18 years old or have your parents’ permission. If you know a user is under 13 years old, please notify our support team.

You may not permit anyone other than yourself to use your username or password to gain access to Premo. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password.

When you create your account, you will be asked to provide some information. All personal information provided to Premo will be handled in accordance with Premo’s online Privacy Statement: Privacy Policy.

User Conduct

You are responsible for any activity on your account. If you break any of these terms, we reserve the right to terminate your account. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • 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 Premo or another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless specifically permitted to do so.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of Premo that you know, or reasonably should know, cannot be legally distributed in such manner.
  • 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.
  • Restrict or inhibit any other user from using and enjoying Premo.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
  • Reverse engineer any aspect of Premo in an effort to access things like source code, underlying ideas, or algorithms.

Our Role

Premo has no obligation to monitor postings. However, we reserve the right in our sole discretion to review materials posted to Premo and to remove any materials at any time, for any reason, without notice to you. We reserve the right to terminate your access to any or all portion of Premo at any time without notice for any reason whatsoever.

We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children. We do not control or endorse the content, messages or information found in Premo and, therefore, we specifically disclaim any liability with regard to the Premo content and any actions resulting from your use of Premo. Content creators are not our authorized spokespersons, and their views do not necessarily reflect our views.

Materials uploaded to Premo may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Content Ownership

When you post to Premo, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content.

This is solely to allow our team to run Premo, promote Premo, and promote your content in our marketplace. If you have questions or concerns about the usage of your content, please contact us via email at: support@premosocial.com.

Consumers may not use, reproduce, or redistribute content posted by creators in any way not authorized by the creator. Creators may not use, reproduce, or redistribute content that is sourced in any way that violates someone else’s proprietary rights.

Users that violate the intellectual property of others may be suspended from Premo, in our sole discretion.

By posting, uploading, inputting, providing or submitting to Premo you warrant and represent that you own or otherwise control all of the rights to your submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submission.

We comply with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Premo complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers when appropriate, in our sole discretion.

Submit copyright claims to us via email at support@premosocial.com.

Twitter

Premo automatically allows you to access premium profiles after your first subscription payment. To do that on your behalf, we use the Twitter API -- the only official way to safely access functionality of the Twitter platform.

The Twitter API only has three permission levels: read only, read/write, or read/write/access DMs. We use the read/write level in order to be able to send a follow request to Creators on your behalf. By default, Twitter displays everything else we could access with that permission level when you log in.

Premo will do the following with your Twitter account:

  • Add your profile photo to your Premo account;
  • Store your handle, email, and profile URL in a secure database;
  • Send a follower request to Creators you choose to follow; and
  • Break friendship (unfollow) Creators you choose to unsubscribe from.

Premo will never do the following with your Twitter account:

  • Post Tweets from your account without your explicit permission (you may share something from Premo in the future);
  • Follow users from your account that you have not explicitly subscribed to in our marketplace;
  • Make any updates to your profile whatsoever; and
  • Use your follower list for any kind of targeting, marketing, or resale.

Charges

As a content consumer, you agree to pay the amounts charged for subscriptions to your favorite creators. Pricing may vary based on the creator; it is their sole discretion to choose appropriate pricing and subscription terms. You are responsible for reviewing the pricing of subscriptions on Premo. You acknowledge and agree that you are responsible for all charges to your account and chosen payment method.

Facilitation of Charges: All charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.). Storage of your payment and all related information is the responsibility of our payment processor. Premo may replace its third-party payment processing services without notice to you. Charges shall only be made through the Premo Platform. Cash or direct payments are strictly prohibited.

Refunds: All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Premo Platform, any disruption to the Premo Platform or Services, or any other reason whatsoever.

Liability Disclaimer

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WE AND/OR OUR CONTENT PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

WE AND/OR OUR CONTENT PROVIDERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

WE AND/OR OUR CONTENT PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE WE AND/OR OUR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR CONTENT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates, and each of our officers, directors, employees, contractors, agents, members, representatives, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

General

To the maximum extent permitted by law, these Terms of Use (and all other rules, policies, or guidelines incorporated by reference) will be governed by and construed in accordance with the laws of the State of New York and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods. You agree that Premo and its services are deemed a passive website that does not give rise to jurisdiction over Premo or its parents, subsidiaries, affiliates, assigns, employees, agents, directors, officers, or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these Terms of Use, or your use or non-use of Premo, shall be filed only in the state or federal courts located in New York County in the State of New York, and you hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between us and you as a result of these Terms of Use, or the use of the Site.

If any part of these Terms of Use 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 these terms of Use shall continue in effect.

Trademark And Copyright Notices

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Copyright © 2017 Premo LLC. All rights reserved.