Terms of Service
Dated: June 6, 2022
Who May Use the Services
You may use the Services only if you agree to form a binding contract with Progger and are not a person barred from receiving services under the laws of the applicable jurisdiction. You must be at least 13 years old to use the Services; however, children of all ages may use the service if enabled by a parent or legal guardian. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
If you are under 18, you represent that you have your parent or guardian’s permission to use the Services. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Services, you are subject to the terms of this Agreement and responsible for your child’s activity on the Services.
Your Content and Conduct on the Services
You are responsible for your use of the Services and for any Content you provide, including compliance with all applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others publicly. Progger is under no obligation to host or share the Content.
Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. Progger does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled, miscalculated, or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content.
If you have a Progger account, you may be able to upload Content to the Service. You may use your Content to promote your ideas, concepts, prognostications, business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Services. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to Progger and other users of the Service, as described below.
License to Progger
By providing Content to the Services, you grant to Progger a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Progger’s (and its affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.
License to Other Users
You also grant each other user of the Services a worldwide, non-exclusive, royalty-free license to access your Content through the Services, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). This license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Services. You understand and agree, however, that Progger may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.
Right to Monetize
You grant to Progger the right to monetize your Content on the Services (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments.
Removing Your Content
You may remove your Content from the Service at any time. Progger retains the right to keep the statistical data associated with your Content intact for other users. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.
Removal of Content By Progger
If we reasonably believe that any Content is in breach of this Agreement, violates any applicable laws, rules, or regulations, or may cause harm to Progger, our users, or third parties, we may remove or take down that Content at our sole discretion. This may include, for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Progger or its Affiliates; (b) would compromise an investigation or the integrity or operation of the Services; or (c) would cause harm to any user, other third party, Progger or its Affiliates.
If you believe that your Content has been copied in a way that constitutes copyright infringement, please report it to Progger immediately.
Your Rights and Grant of Rights in the Content
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or by Progger.
You retain your rights to any Content you submit, post or display on or through the Services. This includes incorporated video, audio, or photos which are considered part of the Content.
By submitting, posting or displaying Content on or through the Services, you grant Progger a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Progger to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, ReProg, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Progger, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services as the use of the Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Progger the license described above.
Changes to the Services
Progger is constantly changing and improving its Services. We may need to alter or discontinue the Services, or any part of them, in order to make performance or security improvements, usage features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. The services may change from time to time, at Progger’s sole discretion. These changes may affect all or some of the users of the Services. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Services that will have an adverse impact on the use of our Services. However, you understand and agree that there will be times when we make such changes without notice, such as where we feel we need to take action to improve the security and operability of our Services, prevent abuse, or comply with legal requirements.
Using the Services
Progger retains the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you.
In consideration for Progger granting you access to and use of the Services, you agree that Progger and its third-party providers and partners may place advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others. You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, Progger’s computer systems, or the technical delivery systems of Progger’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Progger (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Progger (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of Progger is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Progger, its users and the public.
Your Account on Progger
You may need to create an account to use some of our Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. Progger cannot and will not be liable for any loss or damage arising from your failure to comply with the above. You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.
Your License to Use The Services
Progger gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Progger, in the manner permitted by these Terms.
The Services are protected by copyright, trademark, and other laws of both the United States and other countries. Nothing in the Terms gives you a right to use the Progger name or any of the Progger trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Progger and its licensors. Any feedback, comments, or suggestions you may provide regarding Progger, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Removal of Content By Progger
If we reasonably believe that any Content is in breach of this Agreement or may cause harm to Progger, our users, or third parties, we may remove or take down that Content in our sole discretion. We will attempt to notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Progger or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Progger, or our Affiliates.
Terminations and Suspensions by Progger for Cause
Progger may suspend or terminate your access, your third party account, or your third party account’s access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, Progger, or our Affiliates.
Ending These Terms
You may end your legal agreement with Progger at any time by deactivating your accounts and discontinuing your use of the Services.
Progger may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI.
As Is Services
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “As Is” and “As Available” basis. The “Progger Entities” refers to Progger, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Progger Entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement. The Progger Entities make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Progger Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitation of Liability
To the maximum extent permitted by applicable law, the Progger Entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use of the services; (ii) any conduct or content of any third party on the services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from the services, or (iv) unauthorized access, use, or alteration of your transmissions or content. In no event shall the aggregate liability of the Progger Entites exceed the greater of $100 U.S. Dollars or the amount you paid Progger, if any, in the past six months for the services giving rise to the claim. The limitation of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (Including Negligence) or otherwise, and whether or not the Progger Entites have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be available to you upon request, will govern our relationship with you. We will try to notify you of material revisions. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
The laws of the State of California, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and Progger. All disputes related to these Terms or the Services will be brought solely in the Federal or State courts located in southern California, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Progger’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
These Terms are an agreement between you and Progger, Inc. If you have any questions about these Terms, please contact us.
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