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Terms of Service

This Terms of Service Agreement (referred to as the "Agreement") is between you and Proust, Inc. and governs your use of service provided by Proust through this website and any other Proust owned web sites as well as any software developed and distributed by Proust.

Sometimes in this Agreement Proust, Inc. will be referred to as "Proust" or "Us". The "Proust Service", sometimes referred to as just the "Service", means the service provided through the web site located at http://proust.com (including any subdomains) (the "Web Site") and/OR any software applications developed and distributed by Proust (the "Software").

Please read this Agreement carefully before using any aspect of the Proust Service.

By using the Proust Service you agree to comply with the terms of this Agreement. If you do not agree to this Agreement, do not use the Proust Service.

PLEASE READ OUR PRIVACY POLICY AS WELL.

Eligibility. By using the Proust Service, you agree that you are 18 years old or older, or the legal age in your jurisdiction to form a legally binding agreement. If you are under 18 years old, you may use the Proust Service only with the supervision and consent of your parent or legal guardian. If you are under 13 years old, then you may not use the Proust Service.

Changes to this Agreement. You agree that we may change the terms and conditions in this Agreement at any time. We will always post the date of the latest version of the Agreement at the top of this Agreement. We will let you know that there is a change to this Agreement by putting the word "Updated" next to the link to "Legal Terms" at the bottom of each page on this Web Site.

Changes to the Proust Service. You agree that we may change the Proust Service or remove the Proust Service at any time in our sole discretion, for any reason or no reason and with or without notice to you.

Effect of Changes. You agree that if you continue to use the Proust Service after we have posted a change to this Agreement, then you are bound by the most recent version of this Agreement. In other words, your continued use of the Proust Service means that you agree to be bound by the most current version of this Agreement.

We own the Proust Service. You agree that the Proust Service, including, but not limited to the Web Site and the Software, is owned by us. That means that as between you and us, you acknowledge that we own, or we license from other companies, any copyrights, trademarks, technology, patents in and to the Service and that you will not make any claim to any ownership in the Service (or any part of the Service).

Creating profiles and registering with the Proust Service. You do not need to register with Proust or create a profile to use the Proust Service. However, to take advantage of most of Proust's features you will need to register with Proust and create a profile. If you do register with Proust and create a profile, you will be required to provide certain information which may include your first and last name, your email address and your zip code. You may also be asked to supply other information and/or create a profile which, though not required, may be helpful to other users of the Proust Service in learning more about you.

You will be required to register with Proust if you want to ask another person a question through the Proust Service or if you want to answer a question that you have been asked through the Proust Service. You will also be required to register with Proust if you have been invited to join a network of friends and family on the Proust Service and you want to view other people's profiles within that network.

When you register with Proust you may be asked to supply optional information on your profile about you and/or answer questions that other people who have registered with Proust have sent to you. You may also be allowed to place comments, ask questions and/or upload other content on to the profiles of other people who are in the same network of friends and family on the Proust Service. Please be aware that anything that you post to your own profile will automatically be viewable by anyone else who is in the same network of friends and family as you. Please see our privacy policy for additional information.

If you do register and create a profile on the Proust Service, you agree that all registration information you provide to Proust will be current, accurate and complete. You further agree that Proust may refuse your registration or profile for any reason in Proust's sole discretion. Proust may also terminate or cancel your account or profile, without any notice to you, for any reason in its sole discretion. You are solely responsible for maintaining the confidentiality of your password. You are also solely responsible for all activities that occur under your account. Any account name and password assigned to you by Proust, and/or accepted by Proust from you, for your access to the Proust Service shall be for your personal use only. You agree to immediately notify Proust of any unauthorized use of your account or password.

Content. You agree that you are solely responsible for any data, text, graphics, messages, images, video or other materials ("Content") which is transmitted, posted, or distributed by you through the Proust Service, including but not limited to the contents of your information. All Content posted by you is your sole responsibility and, as between Proust and you, you own all right, title and interest in and to any Content that you post on the Proust Service. Proust does not control the Content posted by users such as yourself via the Proust Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Proust be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted via the Proust Service. Subject to the terms of Proust's Privacy Policy, you agree if you post any Content on the Web Site, you grant to Proust, its parent, subsidiary and affiliated companies, and each of their successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Web Site and the Proust Service, to third parties with whom Proust has a relationship, in marketing and/or promotional materials in any form or manner whatsoever.

If you believe that someone has distributed content that you own through the Proust Service, in violation of your intellectual property rights, please see our Intellectual Property Policy.

Removal of Content. Proust reserves the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via on the Proust Service for any reason, at any time, without notice to you.

Public Access. You acknowledge that, unless otherwise expressly indicated, certain people who use the Proust Service will be able to view your first name and last name (or first name and last initial they are not otherwise connected to you through Proust), your profile and any Content that you transmit, post, or distribute through the Proust Service. In addition, depending on the privacy settings you choose, your information may be viewable by the public at large.

Things you agree not to do:

You agree not to do the following:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • abuse, harass, annoy, bother and/or pester any person through the Proust Service;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Proust Service;
  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any other person, company or organization;
  • upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • interfere with or disrupt the Proust Service or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected to the Proust Service;
  • violate any applicable local, state, national or international law or regulations;
  • "stalk" or otherwise harass another; or collect or store personal data about other users;
  • use the Proust Service for any purpose other than strictly for non-commercial personal use
  • modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Web Site.
  • remove any copyright, trademark, or other proprietary rights notices contained in the Web Site.
  • use the Web Site in any manner that harms or degrades our service, our company or any third party.
  • harvest or collect information about Web Site visitors or users.


Privacy. We may collect certain personal and non-personally identifiable information from you when you use the Proust Service. Our use of both personally identifiable and non-personally identifiable information is governed by our Privacy Policy, which describes your privacy rights.

Term and Termination. This Agreement shall remain effective until terminated in accordance with its provisions. You agree that we may modify or terminate your use of the Proust Service at any time, for any reason or for no reason, and without notice or liability to you or any third party. Upon termination of this Agreement by either party, your right to use the Proust Service shall immediately cease. If you stop using the Proust Service in any way, you agree that this Agreement shall continue in force.

Indemnification - The circumstances that you agree to pay for our legal fees, costs and damages. You agree that if you use the Web Site or any information gathered through the Web Site in a manner that violates this Agreement or harms another person or company, or causes another person or company to seek any loss, damage, claim or demand against us or our parent or affiliated companies, then you agree to pay for any costs, fees or damages we incur related to that loss, damage, claim or demand. You agree that we may choose, at our own expense, to take control of the exclusive defense of any matter, but doing so shall not excuse your indemnity obligations.

Disclaimer of warranty. THE PROUST SERVICE, ANY INFORMATION AND ANYTHING ELSE RELATING TO THE PROUST SERVICE, ARE PROVIDED BY PROUST "AS IS" AND YOU USE THEM AT YOUR SOLE RISK. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. PROUST IS ALSO NOT RESPONSIBLE FOR, AND DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND/OR PERFORMANCE. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS OF THE PROUST SERVICE. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. Some states and jurisdictions do not allow the disclaimer of warranties or limitations on how long an implied warranty lasts, so the above disclaimer and limitation may not apply to you.

Limits on our liability. UNDER NO CIRCUMSTANCES SHALL PROUST OR ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES OR ANYONE WORKING FOR OR ON BEHALF OF PROUST OR ITS PARENT, SUBSIDIARY OR AFFILIATE COMPANIES, BE LIABLE TO YOU FOR ANY COST OF PROCUREMENT OF ANY GOODS OR SERVICES NOR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, IN ANY CASE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PROUST SERVICE OR THE INFORMATION PROVIDED THROUGH THE PROUST SERVICE, NO MATTER WHAT THE CLAIM IS BASED ON AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states or jurisdictions do not allow us to limit our liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Governing Law. This Agreement shall be governed by and construed in accordance with, the laws of the State of New York, without regard to that state's conflict of law provisions. The state and federal courts in and for New York County, New York shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this Agreement.

Information or Complaints. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Proust Service, please send an email to feedback@proust.com. You may also contact us by writing to Proust, Inc., 555 West 18th Street, New York, NY 10011, Attention: Proust Customer Service. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Severability. If any section or paragraph in this Agreement is found to be invalid, illegal, or unenforceable, then you agree that the Agreement shall then be interpreted as if that section or paragraph was removed and the rest of the Agreement remained in effect and in place.

Last updated July 15, 2010
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