TERMS AND CONDITIONS
Last edited: 19 December 2021
By accessing or using ProxyTales, you agree to be legally bound by Terms and Conditions. Please read this document carefully. If you do not agree with one or more provisions of these Terms and Conditions, you should not use ProxyTales.
1. GENERAL INFORMATION
1.1 These ProxyTales Terms and Conditions (the “Terms”) constitute a legally binding agreement between an individual user or an entity (“you” and “your”) accessing the website https://proxytales.com and the related services (collectively, “ProxyTales”) and the owner and operator of ProxyTales, namely, ProxyTales LTD having a registered address at 31 Rickliffe rd, Bacup OL13 9QG, the United Kingdom, and the registration number 12479695 “we”, “us”, and “our”). ProxyTales provides proxies (IP’s) from various cell phone operators from a range of countries that allow you to stay anonymous on the Internet. ProxyTales can be used for lawful purposes only.
1.2 License to use ProxyTales. We grant you a worldwide, personal, revocable, nonexclusive, non-transferable and limited license to use ProxyTales pursuant to these Terms.
1.3 Disclaimer. Although we regularly monitor the information available through ProxyTales, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of all information, whether provided by us or by third parties.
1.4 Third-party links. ProxyTales may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any manner for the content of such third-party links, information, and advertisements, as well as the security and privacy practices deployed by the operators of the third-party websites. Please exercise your due diligence before clicking on any of such third-party links or advertisements.
1.5 Support. Any general requests for customer support should be addressed to us by email at [email protected].
1.6 Minors. ProxyTales is not marketed and intended for use by persons under the age of 18.
2. FEES AND PAYMENTS
2.1 The Fees. Your use of ProxyTales is subject to the applicable service fees (the “Fees”). By concluding a sales contract with us (i.e. ordering your service plan through ProxyTales or by email), you agree to pay the Fees for each monthly billing cycle in accordance with these Terms, the terms and conditions of your chosen payment plan, and other terms and conditions in force at the moment the sales contract is concluded. The Fees are billed at the beginning of each billing cycle (i) by issuing an invoice to you or (ii) on a recurrent basis, by automatically charging your payment method. Unless you cancel you plan prior to the expiration of then-current subscription term, we will automatically renew the subscription plan based on its renewal cycleand you will need to pay the Fees due. By placing your order, you agree to pay the Fees due. The Fees remain valid for as long as (i) they are featured on ProxyTales or (ii) as communicated by us. The Fees are subject to a change with at least 30 calendar days prior notice to you (if you hold a plan) or without notice (if you do not hold a subscription).
2.2 Taxes. Unless indicated otherwise, the Fees include all applicable sale taxes, levies, and other duties. You are responsible for paying the said taxes.
2.3 Payment processing. All payments are processed by our payment processors (e.g. PayPal, NOWPayments, and banks). You areresponsible for ensuring that all payment information is correct and the funds necessary for paying the Fees are available. You shall not to hold us liable for payments that do not reach us due to your error (e.g., incorrect payment information) or if your payment is refused for any other reason.
2.4 Refunds and right of withdrawal. If you use ProxyTales as a consumer, you may withdraw from the service contract with us within the period of 24 hours after the service contract was concluded, unless the provision of the services was completed by us. In order to terminate the service contract and receive a refund, you must inform us of your decision to withdraw from the contract by email at [email protected]. You can use the model withdrawal form provided at the end of these Terms, but it is not necessary – you can formulate the request in your own words. We will refund all or partial Fees by using the same payment method that you used for paying the Fees. If you act as a business, trader, or use ProxyTales for professional purposes, you are not entitled to exercise your right of withdrawal.
2.5 Refunds processing. During the refund process, we may ask you to provide information about your experience with the product and reasons for withdrawal. Such information may include but is not limited to your usage of the product, problems encountered while using a product. In cases where refund issues will require some processing fees, we will deduct these fees from the refund amount. When you initiate the refund process you must stop using our product immediately otherwise we can refuse to issue a refund.
2.6 Cancellation of subscription. If you would like to cancel your subscription, you have to do so at least 7 calendar days prior to expiration of then-current billing period to avoid (i) issuance of an invoice for the following billing cycle or (ii) automatic renewal and charge. If you cancel your subscription later, the cancellation will not be guaranteed. The cancellation request can be submitted through your user account or by contacting us at [email protected]. Your inactivity on ProxyTales does not substitute your request for the cancellation of your subscription. You have the right to terminate your subscription if ProxyTales is provided or rendered improperly.
3. USER ACCOUNT
3.2 Your warranties. By registering your Account, you acknowledge, agree, and warrant that:
You will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of ProxyTales;
You will not use ProxyTales for any unlawful purposes;
You provide only true, accurate, complete, and up-to-date personal data;
You will update your user Account as soon as any changes to your personal data or other information occur;
You can conclude legally binding contracts with us;
You will register a single User Account; and
You are a human individual.
3.3 Security of User Account. You are solely responsible for maintaining the confidentiality of your User Account, including keeping secure your login details. You agree to immediately notify us about allegedly unauthorised use of your User Account or any other security breach related to your User Account. You are also responsible for using secure Internet connection and protected networks while using ProxyTales. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these security obligations
3.4 Deletion of User Account. At any time, you may delete your User Account by submitting a request to us by email at [email protected]. Upon deletion of the User Account, these Terms shall terminate.
3.5 Suspension and termination of the Account. We reserve the right to suspend or terminate your Account if you fail to pay the Fees or, at our sole discretion, we have grounds to believe that your use of ProxyTales seriously and repeatedly breaches these Terms. We may also suspend or terminate your User Account upon a lawful request of a public authority.
4. INTELLECTUAL PROPERTY
4.1 ProxyTales’s content. Most of the content available on ProxyTales, including all information, software, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, the “ProxyTales Content”) is owned by us, our partners, agents, licensors, vendors, and/or other content providers. The ProxyTales Content is protected by applicable intellectual property laws and international treaties. You are not allowed, without obtaining prior written authorisation from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease or attempt to grant other rights to the ProxyTales’s Content to third parties, or use any manual or automated means to scrape any content available on ProxyTales.
4.2 ProxyTales brand. You may not use the brand, the word or figurative trademarks associated with ProxyTales or third-party trademarks without prior consent of a trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.
4.3 Third-party intellectual property. ProxyTales can be used for accessing third-party content (the “Third-Party Content”). The Third-Party Content is owned by third-party proprietors and such third-party intellectual property does not belong to us. The Third-Party Content remains the sole property of the respective third-party proprietors. You may not use any Third-Party Content without the prior authorization of the owners of such content, notwithstanding any functionalities of ProxyTales.
4.4 Copyright infringement claims. If you have any grounds to believe that any content available on or through ProxyTales violates your or third party’s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to the copyright infringement claim as soon as possible but no later than 2 weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.
4.5 Your content. By submitting any content to us (e.g. your feedback or reviews), you grant us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to store, use, distribute, advertise, adapt, remix, modify, display, perform, excerpt, prepare derivative works of, and reproduce your content for the purposes of carrying out our legitimate business interests.
5. PROHIBITED USE
5.1 ProxyTales can be used for lawful purposes only. Please be advised that we work closely with law enforcement and we report any inappropriate content that may infringe applicable laws. You are not permitted to use ProxyTales in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
Intellectual property (e.g. copyright or trademark) infringement;
Any unauthorised access to machines, programs, data, or committing any other forms of cyber offences;
Provision of false, inaccurate, or misleading information;
Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
Spreading ethnically, racially, or otherwise objectionable information;
Spreading sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening ProxyTales;
Interfering with or abusing other users of ProxyTales;
Using bots, scripts, and other automated methods; and
Collecting and disclosing any information about other users of ProxyTales.
6. AVAILABILITY AND FORCE MAJEURE
We put reasonable efforts to ensure that ProxyTales is always accessible to you. However, the availability of ProxyTales may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of ProxyTales caused by such factors.
7. DISCLAIMER OF WARRANTIES
7.1 We provide ProxyTales on “AS AVAILABLE”, “AS IS”, and “WITH ALL FAULTS” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of ProxyTales, the Third-Party Content, or other content featured on or access by using ProxyTales, whether provider by us or by third parties, and hereby disclaim all warranties regarding ProxyTales and its operation.
7.2 It is your sole responsibility to verify and assess the fit for the purpose of ProxyTales prior to using it and to decide whether or not ProxyTales fits for the intended use.
7.3 By using ProxyTales, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
7.4 Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.
8. LIMITATION OF LIABILITY
8.1 Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of ProxyTales, any content made available through ProxyTales, whether provided by us or by third parties, any transactions concluded through ProxyTales, or use of ProxyTales for unauthorised or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.
8.2 This Section 8 shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of ProxyTales, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
11. GOVERNING LAW AND DISPUTES
11.1 Governing law. These Terms shall be governed and construed in accordance with the laws of England, the United Kingdom, without regard to its conflicts of law provisions.
11.2 Jurisdiction. You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to courts in London, the United Kingdom. This Section 11 does not affect any statutory rights that you are entitled to as a consumer.
12.1 Term and termination. The Terms enter into force on the date indicated at the top of the Terms or when you accept them and remain in force until updated or terminated by us.
12.2 Amendments. We reserve the right to modify these Terms at any time, effective upon posting of an updated version on ProxyTales. Such amendments may be necessary due to new features of ProxyTales, changes in the requirements of laws, regulations, or our business practices. We will send you a notification (if we have your email address) about any material amendments to the Terms that may be of importance to you. You are responsible for regularly reviewing these Terms. Your continued use of ProxyTales after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through ProxyTales at any time, at our sole discretion.
12.3 Breach of the Terms. If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:
Send you a formal warning;
Temporarily or permanently prohibit your use of ProxyTales;
Report you to the relevant public authorities; or
Commence a legal action against you.
12.4 Transfer of rights. You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by deleting your User Account, cancelling the Fees, and ceasing to use ProxyTales.
12.5 Merger or acquisition. In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
12.6 Entire agreement. These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of ProxyTales.
If you have any questions about these Terms, please contact us by using the following contact details:
Email: [email protected]
MODEL WITHDRAWAL FORM
You may use the following withdrawal form to exercise your right of withdrawal described in section 2.4 of the Terms.
To: ProxyTales LTD
Email: [email protected]
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale for the provision of the following services (*): ____________________________
Ordered on (*)/received on (*): ____________________________
Name of consumer(s): ____________________________
Address of consumer(s): ____________________________
Signature of consumer(s) (only if this form is notified on paper): ____________________________
*Delete as appropriate.