PONYPR reserves the right to delete, without prior notice, any account of a USER who has provided false information during its registration or who has not promptly notified changes during the use of the PLATFORM.

• To register, the USER shall fill in the forms dedicated to this purpose on the WEBSITE.
• The information provided by the USER in the registration form allowing his registration on the PLATFORM must be sincere and conform to the reality of his status.
• The USER undertakes to inform PONYPR without delay of any change in the data communicated at the time of registration. PONYPR cannot be held responsible for any damage caused directly or indirectly by a failure of the USER in this respect.

Terms and principle of operation of the PLATFORM

Description of the steps in the connection process

ADVERTISERS who connect to the PLATFORM have access to a catalogue of all PUBLISHERS and their visibility offers including a SPONSORED CONTENT, according to the needs stated by the ADVERTISER.This helps ADVERTISERS to have a quick and useful access to PUBLISHERS who most likely meet their online communication strategy.Then ADVERTISERS select PUBLISHERS they are interested in and whose services can help them strengthen their visibility online and on social media.ADVERTISERS may send, through the ponypr.com PLATFORM or its staff, their instructions to the selected PUBLISHERS and validate the different steps of each PARTNERSHIP. Just as PUBLISHERS can validate the steps requiring their actions. ADVERTISERS may entrust the PLATFORM with the selection of PUBLISHERS according to a defined budget and with the complete follow-up of the orders. This additional service is subject to specific pricing based on the needs of each ADVERTISER. The cost of this additional service is quoted to each ADVERTISER before its final order and payment. Please note that ADVERTISERS and PUBLISHERS may delegate the content production to PONYPR, such service being a specific additional cost for each PARTNERSHIP.

Deposit of money by ADVERTISERS into their accounts

Each ADVERTISER may freely deposit money in its account, using the available payment method, in order to use such money to order services on PONYPR.The amount deposited on an ADVERTISER’s account cannot be refunded by PONYPR. The ADVERTISER shall use the amount available on its account to order services available on PONYPR.

Payment of services by ADVERTISERS

The ADVERTISER may access each offer from the PUBLISHERS, but it must pay in full for each order as soon as it is taken, so that it can be executed.

Conclusion of an electronic contract

PONYPR shall acknowledge receipt of this agreement by electronic means without undue delay. Confirmation of acceptance and acknowledgement of receipt are irrefutably deemed to have been received when the USER to whom they are addressed can access them.

• In accordance with Italian Civil Code, the User is irrefutably deemed to have read the general terms of PONYPR and to have accepted them when clicking on the dedicated area to confirm the general terms have been read by the USER.

Liability of PONYPR
 

PONYPR is part of the contractual relationship between PUBLISHERS and ADVERTISERS, as a trusted third party.
Subject to the performance of this contract, PONYPR connects professionals together through the PLATFORM, and ensures the respect of the terms of use, within the framework of PARTNERSHIPS initiated only from the PONYPR PLATFORM.

Networks and website access, quality of services – suspension of services

PONYPR cannot be held responsible for the possible consequences of the unavailability of the service due to a maintenance operation or update of the services.

• Access to the WEBSITE requires an Internet connection.
• The USER acknowledges that the Internet network is subject to possible interruptions and/or slowdowns in its operation and that PONYPR cannot be held liable for this.PONYPR cannot be held liable for issues related to the USER’s connection to the Internet, computer viruses carried via this network or by another means, or any malicious act carried out via this network or by another means. PONYPR is not liable for any damage caused to the USER’s equipment and/or data or by other means. PONYPR does not guarantee the continuity of the use of the WEBSITE which may be used by the USER through a remote connection from the Internet network.
• Considering the above, PONYPR cannot guarantee the continuity of use of the WEBSITE.
• Access to the WEBSITE or to some of its features may be occasionally suspended to allow interventions and maintenance necessary for the proper operation of the WEBSITE.
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Confidentiality

PONYPR undertakes to ensure that its partners respect the same degree of confidentiality as the one to which the Company is bound to. 

The USER receives notifications each time an action on its part is required for the operation of its profile on the WEBSITE.PONYPR undertakes to make every effort to ensure the confidentiality of the information transmitted by the USER as well as the documents produced for its benefit. By communicating elements to PONYPR, the USER authorizes PONYPR to provide its partners with the necessary elements in order to benefit from the requested services. 

Securing access to the services

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  • Access to the SERVICES is secured with a password provided to the USER who shall keep it confidential.
  • The USER shall bear full responsibility for the security information it received. It is responsible for its confidentiality. It can only be changed at its request.
  • The USER who loses its login shall immediately inform PONYPR.
  • The USER shall bear responsibility for the protection of the equipment it uses to access the WEBSITE, and protecting its data against any malicious act.
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Payment and security of the transactions

• Transactions and attached security are ensured by the online payment systems PAYPAL. The USER may also pay by wire transfer. During the registration, the USER is requested to read PONYPR’s General Terms of Conditions which include in particular certification procedures that may arise based on the amount of the transactions.
• Confidential information (16-digit credit/debit card number, expiration date, CVV code) is directly transmitted, in encrypted form, to the server of the payment system chosen by the USER; PONYPR does not have access to this information.
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General obligations of USERS

• USERS represent and warrant that all information provided when creating an account is accurate and up to date in all material respects as of the date it is provided or, where applicable, as of the date to which it relates.
• The USER declares that it legitimately holds all the rights relating to the information and documents provided to PONYPR.
• By subscribing to the services of PONYPR, the USER undertakes in particular to:
  • comply with the laws and regulations in force,
  • not use the WEBSITE for illegal or abusive purposes, or to behave in an unfair manner,
  • respect the intellectual property rights relating to the contents provided by PONYPR and the USERS on the WEBSITE,
  • only communicate accurate and faithful data regarding its civil status and personal details,
  • respect the legal provisions related to the production and distribution of SPONSORED CONTENT. PONYPR cannot be held liable for the non-compliance with the laws in force applicable of each PUBLISHER.
• Any breach of the terms of access to the WEBSITE and/or its terms of use may result in the suspension or termination of the USER’s account.
• The USERS acknowledge that they have benefited from an initial connection from PONYPR.
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Changes to the general terms

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• PONYPR shall have the right to modify its general terms at any time without any prior notice.
• The USER will be informed of such changes via an email sent to the email address provided when it registered.
• The USER will be requested to accept such changes to access to its profile and to services offered on the WEBSITE again.
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• Intellectual Property
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  • The entire content of the WEBSITE including, but not limited to, graphics, images, texts, videos, animations, sounds, logos, GIFs and icons as well as their formatting are the exclusive property of the company PONYPR undertakes to ensure that its partners respect the same degree of confidentiality as the one to which the Company is bound to. PONYPR with the exception of trademarks, logos or content belonging to other partner companies or authors: any reproduction, distribution, modification, adaptation, retransmission or publication, even in part, of these different elements is strictly forbidden outside of the agreements within the framework of each PARTNERSHIP, allowing their exchange between ADVERTISERS and PUBLISHERS. Any other use requires a written authorization from PONYPR.
  • This representation or reproduction, by any process whatsoever, constitutes an infringement under articles L.3335-2 and seq. of the French Intellectual Property Code. The non-compliance with this prohibition constitutes a counterfeit which may result in civil and criminal liability for the counterfeiter. Moreover, it is reminded that the owners of the copied contents may take legal action against the offenders on these grounds.
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Closure of an account

The USER may close its account at any time, without any specific formalities, by sending a simple e-mail to a.giusti@smartcontent24.com or from its USER account in its settings.

The closure of an account by the USER shall not prevent the payment of the amounts due to PONYPR as soon as the event giving rise to PONYPR’s claim has occurred during the contractual period duly formalized by the acceptance of these general terms.

In the event of breach of these general terms, PONYPR reserves the right to suspend or terminate the account or limit its use.

Subject to the retention obligations provided for by law or regulation, the closure of the account entails the definitive deletion of the information and documents communicated by the USER.

Force majeure

In accordance with the Italian Civil Code, any failure to comply with any of the obligations of this agreement caused by an event of force majeure, as recognized and admitted by the case law of the Italian Supreme Court, shall release PONYPR from its liability (force majeure being understood, in particular, as an unforeseeable, irresistible event, external to the debtor of the obligation).

If such an event occurs, PONYPR unable to perform its service shall inform the USER by any means as soon as possible.

The suspension or the delay in performing the obligations shall in no case be the ground for liability for the non-performance of said obligation nor the ground for damages, or late penalties.

Applicable law – competent court – dispute resolution

The general terms of conditions shall be governed by Italian law, to the exclusion of any other laws.

Any claim shall be sent to SMART CONTENT SRLS, to the email address finance@smartcontent24.com or to the mailing address of PONYPR’s registered headquarters.

Claims or disputes arising from the use of a service made available to the public by PONYPR shall be subject, before any legal proceedings, of an attempt of amicable settlement. To this end, within 30 days of the dispute arose, the parties shall meet in a place located within the jurisdiction of the GROSSETO Court of Appeal. If no agreement is reached within 15 days following this meeting, the company SMART CONTENT SRLS and the opposed natural or legal person shall regain their freedom to take legal action.

In accordance with Italian civil code, no legal action to hold PONYPR civilly liable may be taken later than a calendar year after the claim arose. In the event of a dispute, resulting from the use of a service provided to the USER, the courts within the jurisdiction of the GROSSETO Court of Appeals shall be the competent courts.