These Terms and Conditions are effective immediately for users registering accounts after August 31, 2016, until otherwise notated in an updated version of the Terms and Conditions.
These are the Terms of Service ("Terms") which govern your access to and use of the Pryzm (additionally referred to as “our”, “we” or “us”) website (additionally referred to as the “Site”), applications, email and email notifications (collectively, the “Services”) as well as any information, text, images, videos, or other material uploaded, downloaded, or otherwise appearing on the Services (collectively, the “Content”). Your access to and use of the Services is contingent upon your acceptance and compliance with these Terms. By accessing or using the Services, you accept that you are bound by these Terms.
Use of the Services:
By using the Services to accept that you are responsible for any Content you share to the Services and for any consequences resulting thereof. You should understand that almost all content is made public immediately. As a result, other Users, unregistered viewers, and third-party affiliates will be able to access and potentially store the Content that you share. We advise you to only share information and Content which you are comfortable becoming public knowledge.
Changes to the Terms:
Pryzm may occasionally modify the Terms. In the event that we do make modifications or revisions to the Terms, the most current version of the Terms will be located on the Site under "Terms and Conditions". You understand and consent that your use of the Site and Services is governed by the Terms effective at the time of your access. It is your responsibility to remain up-to-date on the various modifications and revisions of the Terms.
Pryzm takes commercially reasonable steps to protect and maintain the safety of your account information. However, we cannot guarantee that your information may not be accessed, deleted, or otherwise tampered with. We encourage you to maintain a robust password which is both easy to remember for you and difficult to determine for anyone else. Further, we suggest that you do not disseminate your password to anyone else. Pryzm cannot and will not be held liable to any damages resulting in the loss or dissemination of your password. As part of the Terms, you agree to notify us via email at [email protected] if you suspect any unauthorized use of your account.
When creating your Pryzm account, we ask that you provide credible and truthful information in order to bolster the credibility of the Services as well as that of the Content which you share. You may not impersonate or otherwise misrepresent someone other than yourself or provide an email address other than your own. Further, we reserve the right to close your account at any time for any or no reason.
In using the Services, the User consents that any and all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content, and that all risks associated with the User’s Content is assumed by the User. This includes any damages that result from the Content, to any User or non-registered viewer, on the Site or on a third-party site or service, including any misunderstanding, misrepresentation, or similar damages resulting in anyone’s reliance on the accuracy, reliability or quality of the Content. As a User of the Services, you understand that the posting and dissemination of false, intentionally misleading, or defamatory information may result in the exposure to liability. Additionally, the User may be exposed to liability if the User’s Content violates any third-party right, including but not limited to any copyright, trademark, trade secret, privacy right, intellectual property or patent, as well as if the User shares any content that is unlawful, such as pornography, or which either violates or advocates for the violation of any law or regulation. In using the Services, you recognize and acknowledge that any Content uploaded by a third-party or other User of a brand, logo, slogan, or otherwise copyrighted or trademarked material is not an official representation of the brand, logo, slogan or otherwise copyrighted or trademarked material, and should not be treated as such. Pryzm may not monitor or otherwise be aware of all Content shared on the Services and thus cannot take responsibility for such Content. As a result, any assumed reliability or accuracy and any risk otherwise undertaken by your use of the Content or any materials posted via the Services is at your own risk. By using the Services, you consent that you could potentially be exposed to harmful, offensive or otherwise inappropriate Content. We cannot and do not support, endorse, or guarantee the accuracy, reliability or completeness of any Content shared via the Services, nor do we endorse or support any opinions expressed via the Services. Pryzm will in no way and under no circumstances be held responsible for deceptive, incomplete, misrepresented, untruthful, inaccurate, inappropriate, erroneous, offensive or in any way otherwise-damaging information shared to the Services or in association with Pryzm via a third-party website or service. By using Pryzm, you accept that you are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners.
In using the Services, you consent that any Content that you submit, share or in any way disseminate on or through the Services is entirely your responsibility. Further, by sharing your Content via the Services, you grant to Pryzm a non-exclusive, royalty-free, worldwide license (with the right to sublicense) which we may use to copy, adapt, modify, process, reproduce, publish, transmit, display, use and distribute in any and all media or distribution channels (currently known or later developed) at any time and for any reason. You further understand our partners and third-party affiliates may syndicate, broadcast, distribute or publish your Content without any notification or compensation to you. By sharing Content to our Services, you consent that you have all the rights, power and authority necessary to grant the rights granted herein to the Content that you submit. Neither Pryzm nor its third-party affiliates or partners will be liable for their use of of any Content submitted by you to our Services.
Pryzm maintains all right, title and interest in and to the Services, with the exception of the Content provided Users. Further, these will remain the exclusive property of Pryzm and its licensors. By using the Services, you consent that nothing in the Terms gives you any right to use any trademarks, logos, domain names, the Pryzm name, or any other distinctive brand features without our consent. Further, if you provide suggestions, comments or feedback of any kind, such information is entirely voluntary and Pryzm will be free to use such suggestions, comments or feedback as we see fit and without any obligation to you.
Pryzm reserves the right (but is in no way obligated) to: remove or refuse to distribute any Content to the Services; suspend or terminate users; reclaim usernames without any liability to you; and investigate and take appropriate action at our sole discretion in the event of a suspected violation of the Terms. Further, Pryzm is in no way obligated to enforce the Terms on behalf of you or any other User against another User or third-party affiliate.
The Services may contain links to third-party websites and other similar resources. In using the Services, you assume sole responsibility for and assume all risk involving the use of such links, and you acknowledge that the use of links on the Services does not imply endorsement by Pryzm. Further, you acknowledge and consent that Pryzm shall not be liable for any damages as a result of the Content or your use, in any form, of the third-party website or its products or services.
Pryzm reserves the right to access, share, read, store and disclose any information as we believe necessary to either: satisfy a legal application or governmental request; detect or prevent any fraud, security or technical issues; enforce these Terms; protect the rights, property and safety of Pryzm, its Users and the public; respond to User requests.
Upon a request by us, you agree to defend, indemnify, and hold us and our affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Prohibited Use of the Services:
By using the Services you agree that you will not engage in any of the following activities: Access, damage or use areas of the Services not intended for public use; probe, breach, circumvent or in any way undermine any of Pryzm’s security measures; alter or attempt to disrupt the access of the Services for any User; Use the Services to transmit any type of malicious or in any way damaging material including but not limited to spam, viruses, or by scripting the creation of Content in such a way that causes interferences with or an reasonably unnecessary burden on the Services.
Further, you agree that you will not create or assist in the creation of fake, defamatory, misleading, deceptive, purposefully inaccurate, or in any way damaging Content, including Content which is threatening or harassful. In addition, you agree to not take any action that imposes or may impose any type of damages to the Site, the Services, the Users or any third-party affiliates.
The Content on the Site and shared throughout the Services as well as the infrastructure used to provide such content is proprietary to Pryzm. In using these Services, you agree to not copy, distribute, publish, license, transfer, reproduce, create derivative works from, sell or re-sell any information, software, products or services obtained via the Services.
Ending the Terms:
Pryzm may, for any or no reason, suspend or terminate your account or accounts, or cease to provide you with any or all of the Services if we reasonably believe that you have: created risk or possible legal exposure to us; violated the Terms; or our provision of the Services to you is no longer commercially viable.
These Terms are an agreement between you and Pryzm, LLC, 5015 Lee Road 246, Smiths Station, Alabama, 36877. If you have any questions, comments or concerns regarding these Terms, please contact us at [email protected].
Limitations of Liability:
Each of the subsections below limits the liability ("Limitations") of Pryzm and its affiliates, employees, representatives, partners, officers, directors, and licensors (collectively, the “Pryzm Entities”) up to the maximum extent permitted under applicable law. No part of this section is intended to limit any of the rights you may have which may not be lawfully limited. Further, please note that some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts and, as a result, this section may not apply to you.
IN USING THE SERVICES, YOU ACKNOWLEDGE THAT THE PRYZM ENTITIES MAKE NO CLAIMS ABOUT THE QUALITY, ACCURACY, SECURITY OR RELIABILITY OF THE SERVICES, AND IN USING THE SERVICES YOU CONSENT THAT THE SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS", “WITH ALL FAULTS”, AND “AS AVAILABLE” BASIS. FURTHER, THE PRYZM ENTITIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED.
THE PRYZM ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR ANY OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, AS A RESULT OF EITHER: (i) THE INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OF THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THEM; (ii) ANY ACTIVITY OR CONTENT OF ANY THIRD-PARTY ON THE SERVICES, INCLUDING BUT NOT LIMITED TO ACTIONS OR CONTENT THAT IS UNLAWFUL, DEFAMATORY OR OTHERWISE INAPPROPRIATE, OR THE MISUSE OR MISREPRESENTATION OF YOUR PERSONAL IDENTITY OR CONTENT ON OR AS A RESULT OF USING THE SERVICES; (iii) ANY CONTENT OBTAINED, EITHER DIRECTLY OR INDIRECTLY, AS A RESULT OF YOUR OR ANY OTHER USER’S USE OF THE SERVICES; (iv) ANY ALTERATION OR OTHERWISE UNAUTHORIZED ACCESS OR USE OF YOUR TRANSMISSIONS OR CONTENT. THE MAXIMUM AGGREGATE LIABILITY OF THE PRYZM ENTITIES SHALL BE ONE HUNDRED U.S. DOLLARS ($100), OR THE AMOUNT, IF ANY, WHICH YOU HAVE PAID TO PRYZM WITHIN THE PREVIOUS SIX MONTH TIME PERIOD FOR THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS SHALL APPLY, EVEN IF A REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE, TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT THE PRYZM ENTITIES HAVE BEEN INFORMED OF ANY SUCH DAMAGES.