Terms of Use

  1. BINDING EFFECT. This is a binding agreement with ProScopeDigital.com (hereinafter referred to as “ProScope”, the “ProScope Site(s)” or “the Site(s)”). By using the Internet site provided or otherwise operated by ProScope or any services provided in connection with those site, you agree to abide by these Terms of Use, as they may be amended by ProScope(“we,” “us” or the “Company” or other entity that that owns and / or operates this website) from time to time in its sole discretion. We may, in our sole discretion, amend or revise these Terms of Use at any time. Although we may attempt to notify you when major changes are made to these Terms of Use, you should nevertheless periodically review these Terms of Use from time to time to make sure you are in agreement with the most up-to-date version. If at any time you find these Terms of Use unacceptable, you must immediately leave the ProScope Site and cease all use of the ProScope Site and the services the offered. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY PROSCOPE SITE AS THEY CREATE BINDING LEGAL OBLIGATIONS AND LIABILITY THAT MAY RESULT FROM YOUR USE OF THE PROSCOPE SITE.
  2. ADDITIONAL TERMS. By using the ProScope Site, you further agree that you will comply with any additional terms that we may provide to govern certain products or services that we offer from time to time (“Additional Terms“). We may also require your agreement to rules of participation (“Rules“) for activities and services such as (by way of example only) award programs, promotions, contests or sweepstakes. Any Additional Terms or Rules that we promulgate are hereby incorporated in these Terms by this reference. In addition, we reserve the right to modify or terminate any award programs, promotions, contests or sweepstakes at any time in our sole discretion and without notice.
  3. CONTACT INFORMATION. If you have any questions concerning us, the Site, these Terms of Use, or anything related to any of the foregoing, we can be reached through the Contact form on the website.
  4. PRIVACY POLICY. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found on the site on the page named “Privacy” or “Privacy Policy”. Our privacy policy is expressly incorporated into these Terms of Use by this reference, and your use of any ProScope Site indicates your agreement to our privacy policy as part of these Terms of Use. If there is any conflict between these Terms of Use and the privacy policy on any matters relating to the privacy of your personal information, the terms of the privacy policy will prevail.
  5. PRODUCT LISTINGS. We strive for accuracy in all product-related information available on or from the Site. Nevertheless, we make no guarantee that all item descriptions, pricing, specifications, and other product-related information listed will be entirely accurate, complete or current, nor do we assume any responsibility for errors in product listings or product-related information. In the event any product listing on the Site contains inaccurate or incorrect information, the Company may elect (in its sole discretion) to refuse and/or cancel any order for that product. We also make no guarantees regarding, and will have no liability for, any changes or variations in product appearances or specifications.
  6. LIMITATIONS ON USE OF THE PROSCOPE SITE. You understand and agree to the following restrictions and limitations on your use of the ProScope Site, and further agree that any violation of these Terms of Use (including, but not limited to, the following restrictions and limitations) may result in the suspension or termination of your account and your ability to access all or any part of the ProScope Site. In addition, we may suspend your ability to use or access the ProScope Site at any time while we investigate complaints or alleged violations of these Terms of Use, or for any other reason within our sole discretion.

6.1 ELIGIBILITY. Use of the ProScope Site is void where prohibited. The ProScope Site is intended solely for users who are thirteen 13 years of age or older. Any use of or access to any Proscope Site by anyone under 13 is unauthorized and in violation of these Terms of Use. By using any ProScope Site, you represent that you are at least 13 years old, and that you understand and agree to abide by all of the terms and conditions of these Terms of Use.

6.2 ACCURACY OF INFORMATION. Some services on the ProScope Site permit or require you to create an account to participate in services offered, to access additional content, or to secure additional benefits. You must provide, maintain and update accurate, complete, truthful and current information in response to all questions asked and requests made by our registration processes, and you will only use your own account to access the ProScope Site and any services they offer. You will not under any circumstances use the account, username, or password of someone else at any time without their express permission.

6.3 RESTRICTED BEHAVIOR AND CONTENT. The rules of conduct set forth in Section 8 below apply to any ProScope Site, and you must comply with those rules of conduct at all times when visiting any ProScope Site or using any services or website features that we may offer or that may be available from any ProScope Site. Your violation of the rules of conduct will constitute a breach of these Terms of Use, and we reserve our right to take any and all legal actions that may be available to use as a result of such breach.

  1. ACCOUNT SECURITY. You are entirely responsible for maintaining the confidentiality of any password and other account information that you create in order to access or use the ProScope Site. You agree to notify us immediately on any unauthorized use of your account, user name, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password, whether authorized or not.
  2. USE OF SOFTWARE. Use of the Site may require you to use software provided by or operated from the Site, and on occasion we may make certain software available to you from the Site. To the extent you use such software or download such software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) will be deemed to be licensed to you by us, for your personal, noncommercial use only. We do not transfer either the title or the intellectual property rights to the Software, and we (or our licensors) retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. Any software acquired from third parties (whose websites we may link to) will be subject to their separate license agreements.
  3. TRADEMARK INFORMATION. The ProScope name and logo, together with any and all other Company logos and product and service names, are trademarks of the Company, and you may not copy, use or display them in any manner other than as they are displayed on a ProScope Site without our prior written consent, which we may withhold in our sole discretion.
  4. USER MATERIALS. The ProScope Site may invite comments, reviews and other content from users, and may allow interaction by and among ProScope Site users by permitting those users to participate in forums, submit comments, provide posts and other content to web logs (or “blogs”) provided by the Company and by third parties. As a result, you may from time to time have the opportunity to provide the Company with content that you generate in connection with your participation in the aforementioned services, and certain, important terms and conditions apply to any such content that you elect to provide, as follows:

10.1 USER CONTENT DEFINED. As used in these Terms of Use, “User Content” refers to any comments, messages (whether text, email, video, multimedia or otherwise), blog posts, pitches, suggestions, product ideas, stories, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, and/or other similar materials that you submit, post, upload, transmit, display, communicate or otherwise distribute on or through the ProScope Site, as well as any names (whether yours or someone else’s), likenesses, voices, usernames, user profiles, favorite teams, favorite players, appearances, and/or other biographical information that may be included in any of the foregoing. User Content also includes any and all ideas, concepts, inventions, instructions, methods or processes that are underlying or incorporated into any materials that you provide to any ProScope Site.

10.2 LICENSE GRANT. By submitting, posting, uploading, transmitting, displaying, communicating, or otherwise distributing User Content to or through any ProScope Site, you are granting us and our licensees, distributors, partner website, advertisers, agents, representatives and other authorized users a worldwide, perpetual, nonexclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all copyrights, patents, trademarks, trade secrets, privacy and publicity rights and other proprietary rights that you own or control in the User Content as follows:

(a) We may use, reproduce, transmit, display, publicly perform, distribute, comment on, modify, create derivative works of and otherwise exploit your User Content, in whole or in part, in all tangible and electronic formats whether now known or hereafter developed, and we may do so on ProScope Site, on third-party website, through books, magazines, newspapers, film, television, wireless and mobile platforms, in products that we or others develop, and on physical media.

(b) We can use your User Content both internally and externally and for any and all purposes as we may determine in our sole discretion, including, without limitation, for marketing and promotion, for advertising, for entertainment, for news and information, and for development and improvement of the ProScope Site, and we can do so without further notice to you, and without obtaining your permission or making any payment to you or to any other person or entity for such use.

(c) Under no circumstances will we have any obligation to compensate you for any use we may make of your User Content. if you have provided us with your name or otherwise used your name to identify your User Content, we may elect to publish or otherwise disclose your name in connection with your User Content, but we will have no obligation to do so.

(d) By providing User Content to the Company or to or through any ProScope Site, you represent and warrant to us that you own the rights to the User Content or are otherwise authorized to submit, post, upload, transmit, display, communicate, or otherwise distribute User Content, and you further represent, warrant and agree that your User Content and your submission thereof is in compliance with the rules of conduct and other requirements set forth in Section 8 below and with all other terms of these Terms of Use.

10.3 PUBLIC FORUMS. The ProScope Site may contain areas or features that offer users the opportunity to provide User Content in a way that makes it available for viewing by other ProScope Site users. These areas or features may include, by way of example only, customer comments, chat rooms, message boards, instant or mobile messaging services, user blogs, comments and user email accounts. You understand and agree that any such areas and features are intended for public communications only, and you that have no expectation of privacy with regard to any User Content that you provide using any such areas or features. Disclosures made using these areas or features are at your own risk, and we make no guarantee regarding the privacy or security of any information you disclose through any of these areas or features. You are and shall remain solely responsible for the User Content provided using your account on or through any ProScope Site, and we will have no duty to monitor any of the areas or features described in this paragraph.

  1. USER CONDUCT.

11.1 COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the services it offers, and when providing any User Content to or through any ProScope Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the ProScope Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to submit, post, upload, transmit, display, communicate, or otherwise distribute User Content in violation of any third party’s copyrights, patents, trademarks, trade secrets or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you will be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Content you provide or transmit, or that is provided or transmitted using your user account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

11.2 INAPPROPRIATE CONTENT. You will not submit, post, upload, transmit, display, communicate, or otherwise distribute any User Content that: (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening, or that promotes hate, violence or unlawful discrimination; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) is intentionally designed to mislead, disparage or embarrass others, or that reveals private information about others without their consent; (d) violates any of the prohibitions set forth in Section 11.3 below.

11.3 PROHIBITED USES. In addition to the foregoing, we impose certain restrictions on your permissible use of the ProScope Site and the services it offers. You are prohibited from violating or attempting to violate any security features of any ProScope Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of any ProScope Site or any associated services, system or network, or to breach security or authentication measures without proper authorization; (c) using any automated process or service (such as, by way of example only, any spider, robot, or automated searching or “scraping” tool) to monitor, access or copy any content from any ProScope Site; (d) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to a ProScope Site, overloading, initiating or facilitating any “denial of service” attack, “flooding,” “spamming,” “mail bombing,” or “crashing;” (e) using any ProScope Site or its servers to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using a ProScope Site; or (g) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the ProScope Site or their services. Any violation of system or network security may subject you to civil and/or criminal liability, and will result in a loss of your ability to access and use the ProScope Site.

11.4 ALLEGED VIOLATIONS; TERMINATION OF ACCESS. We reserve the right to terminate your use of any ProScope Site at any time and for any reason (including for no reason). To ensure that we can provide a high quality experience for you and for other users of the ProScope Site, you agree that we or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the ProScope Site or the services we offer. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to a ProScope Site immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of any ProScope Site by others.

  1. TERMS APPLICABLE TO USERS MAKING PURCHASES ON THE SITE. The following provisions apply if you are using the Site to make any purchases from us:

12.1 PAYMENT METHODS

(a) Visa

(b) Mastercard

(c) American Express

12.2 SALES TAX. Sales tax is charged for orders shipping to addresses where local laws require us to charge a Sales Tax (or similar tax such Value Added Tax or Goods and Services Tax).

  1. COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the services we offer. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) identification of the material that is claimed to be infringed 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;

(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;

(e) a statement 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

(f) 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 owner of an exclusive right that is allegedly infringed.

  1. NO WARRANTIES. WE ARE MAKING THE PROSCOPE SITE AND ANY SERVICES THEY PROVIDE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, EACH PROSCOPE SITE OR THE SERVICES IT OFFERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROSCOPE SITE AND OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE PROSCOPE SITE OR ANY SERVICES THEY OFFER WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF ANY PROSCOPE SITE OR ITS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, THE COMPANY DOES NOT MAKE ANY WARRANTIES ON ANY THIRD PARTY PRODUCTS OR SERVICES THAT MAY BE AVAILABLE FROM THE SITE; WARRANTIES ON SUCH PRODUCTS OR SERVICES, IF ANY, WILL BE THE RESPONSIBILITY OF THE THIRD PARTIES PROVIDING THE PRODUCTS AND/OR SERVICES, AND IT IS YOUR RESPONSIBILITY TO REVIEW SUCH THIRD-PARTY WARRANTIES BEFORE PURCHASING ANY PRODUCTS OR SERVICES.
  2. DISCLAIMERS.

15.1 DISCLAIMER REGARDING THIRD-PARTY CONTENT. THE PROSCOPE SITE CONTAIN THE OPINIONS AND VIEWS OF BLOGGERS, JOURNALISTS, ADVERTISERS AND OTHER USERS INCLUDING CONTENT FROM THIRD PARTY SITES, ALL OF WHOM ARE BEYOND THE CONTROL OF COMPANY. GIVEN THE INTERACTIVE NATURE OF THE PROSCOPE SITE, WE DO NOT AND CAN NOT BE RESPONSIBLE FOR, OR OTHERWISE ENDORSE OR GUARANTEE, THE ACCURACY OR TRUTHFULNESS OF ANY SUCH CONTENT GENERATED BY THIRD PARTIES.

15.2 DISCLAIMER REGARDING USER ACTIONS. WE DO NOT PRE-SCREEN, INVESTIGATE OR OTHERWISE REVIEW OR APPROVE USERS, AND WE CANNOT GUARANTEE USER IDENTITIES OR ANY INFORMATION THAT USERS PROVIDE. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY ACTIONS YOU MAY TAKE ON OR IN CONNECTION WITH THE SITE OR THE SERVICE. YOU SHOULD NOT PROVIDE ANY PERSONAL INFORMATION TO ANY OTHER USER UNLESS YOU KNOW WHO THAT USER IS AND KNOW WHAT HE OR SHE INTENDS TO DO WITH YOUR PERSONAL INFORMATION. MUCH OF THE CONTENT WE PROVIDE IS INFORMATION THAT RESIDES ON OUR SERVERS AT THE DIRECTION OF OUR USERS, AND YOU MUST USE YOUR OWN INDEPENDENT JUDGMENT IN USING THE SITE AND BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS BASED ON INFORMATION YOU MAY OBTAIN FROM THE SITE.

  1. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PROSCOPE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. WE MAY TERMINATE YOUR ACCESS TO THE PROSCOPE SITE OR ALTER OR DELETE THE PROSCOPE SITE OR THEIR CONTENT OR FEATURES AT ANY TIME, IN ANY WAY, AND FOR ANY REASON OR NO REASON, ALL IN OUR SOLE DISCRETION.
  2. AFFILIATED SITE. We have no control over, and no liability for any third party website or materials. We work with a number of partners and affiliates whose Internet site may be linked with or made available by a ProScope Site. Because neither the Company nor any ProScope Site has control over the content and performance of these partner and affiliate site, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such site, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those site. Similarly, from time to time in connection with your use of the ProScope Site, you may have access to content items (including, but not limited to, website) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
  3. INDEMNITY. You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of any ProScope Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  4. COPYRIGHT. All contents of the Site are: Copyright © ProScope and its licensors. All rights reserved.
  5. GOVERNING LAW. These Terms of Use will be construed in accordance with and governed by the laws of the United States and the State of Nevada without reference to rules regarding conflicts of law.
  6. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.
  7. NO LICENSE. Nothing contained on the ProScope Site should be understood as granting you a license to use any of our trademarks, service marks, or logos, or the trademarks, service marks, or logos owned by any third party.
  8. MODIFICATIONS. We may, in our sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the ProScope Site or any of the content or services they offer; and (c) discontinue any one or more ProScope Site or any of their content or services at any time. We will post any revision to these Terms of Use to the ProScope Site, and the revision will be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access any ProScope Site following any such revision, you will abide by the then-current Terms of Use.
  9. ACKNOWLEDGEMENT. BY ACCESSING ANY PROSCOPE SITE AND VIEWING, PARTICIPATING IN OR OTHERWISE USING ANY CONTENT OR SERVICES THAT IT OFFERS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

 

Scroll to Top