Terms of Use
Last Updated: July 11, 2020
This agreement is entered into by and between ProgLingo (hereafter “Licensor”), and You (hereafter “Licensee”). Licensee’s use of Licensor's website or any of the material or service offerings or other services offered on the Site including any off-line or third party components, data, lists, reports, dashboards, templates or services (collectively, the "Services") is subject to these Terms of Use (this "Agreement").
If Licensee does not agree to this Agreement, Licensee agrees not to use or access the Services or the Site. Licensee’s registration for, or use of, the Site or the Services shall be deemed to be Licensee’s acceptance of this Agreement. Licensor may modify this Agreement at any time without notice to Licensee by posting a revised Agreement on the Site. Licensee’s continued use of the Site constitutes Licensee’s binding acceptance of this Agreement, including any modifications that Licensor makes. Licensee is responsible for regularly reviewing this Agreement.
Service Communications
Licensee understands and agrees that the Services may include communications such as service announcements and administrative messages from Licensor.
License Grant; Licensee’s Content
Licensor hereby grants Licensee a non-exclusive, non-transferable right to use the Site and Services for the term for which Licensee has paid the applicable subscription fees ("License Term"), solely for Licensee’s own personal use. Licensee may create one account through which Licensee can utilize the Site and Services. Licensee may not share Licensee’s account or account information with any other individual. Use of an account by more than one individual is strictly prohibited.
The Site includes a combination of content that Licensor creates, that Licensor's partners create, and that Licensor's users create. Licensee may use the content on the Site only for Licensee’s personal use in connection with the Services and/or Licensee’s licensed use of Licensor's products. Except for the foregoing, Licensee may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, reverse engineer, publicly display, or in any way exploit any of the software, materials or content on the Site in whole or in part.
Licensee warrants that Licensee owns or has sufficient legal right to the intellectual property rights in any content posted or uploaded to the Site by Licensee (“Licensee’s Content”) and that Licensee’s Content, including any use thereof by Licensor as described herein, does not violate applicable law or the rights of any third party. This license will apply to the distribution and the storage of Licensee’s Content in any form, medium, or technology now known or later developed. For clarification, Licensee’s Content shall not include any of Licensee’s personal information.
Licensee may be exposed to content that Licensee finds offensive, indecent, or objectionable or that is inaccurate, and Licensee bears all risks associated with using that content. Licensor has the right, but not the obligation, to remove any content that may, in Licensor's sole discretion, violate this Agreement or that is otherwise objectionable.
Licensor shall be entitled to adjust the scope of the Services and the underlying technical infrastructure to reflect the continuing development of the Services and technical advances.
Purpose of Site Linking
The Site is for general informational purposes only. Before you act on information you've found on our website, you should independently confirm any facts that are important to your decision. Licensor is not responsible for, and cannot guarantee the performance of, any products or services provided by any advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Licensor or its licensors
Technical Support
Licensor will provide email contact information to Licensee for the purpose of providing technical support to Licensee. Licensor does not guarantee any level of technical support for technical issues not within the direct control of Licensor. Licensor does not guarantee that the Site or Services will be available at any time.
While we make every effort to protect our servers and your data against loss and unauthorized access, you acknowledge that the Internet is not a 100% secure environment and thus we cannot guarantee the security of your information as there is always a risk that an unauthorized third party may find a way to circumvent our security systems or that transmission of your information over the Internet may be intercepted. You agree that we shall have no responsibility for any losses or damages that do not arise solely from our intentional misconduct, including but not limited to losses or damages arising from any third party access of your account resulting from theft, misappropriation, or other illegal access of your personal information.
Licensee’s Conduct on the Site and other Restrictions
If Licensor requests registration information from Licensee, Licensee will provide Licensor with true, accurate, current, and complete information. Licensee will promptly update Licensee’s registration to keep it accurate, current, and complete. If Licensor issues Licensee a password, Licensee may not reveal it to anyone else. Licensee may not use anyone else's password. Licensee is responsible for maintaining the confidentiality of Licensee’s account and password. Licensee agrees to immediately notify Licensor of any unauthorized use of Licensee’s password or account or any other breach of security. Licensee also agrees to exit from Licensee’s accounts at the end of each session. Licensor will not be responsible for any loss or damage that may result if Licensee fails to comply with these requirements.
Licensee will be responsible for all activity occurring under Licensee’s account and will comply with all applicable local, state, and foreign laws, treaties and regulations in connection with Licensee’s use of the Services, including without limitation, laws and regulations governing data privacy, international communications and transmission of technical or personal data.
The technology and the software underlying the Site and the Services are the property of Licensor and/or Licensor's affiliates, suppliers and partners. Licensee agrees not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Site or the Services. Licensee agrees not to modify the software underlying the Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. Without limiting the foregoing, Licensee agrees that Licensee will not use the Site to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, misleading, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, Licensor's sites, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless Licensee has Licensor's written consent to do so;
- Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, chain letters or other unsolicited messages;
- Download any file that Licensee knows or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Restrict or inhibit any other user from using and enjoying any area within the Site;
- Interfere with or disrupt Licensor's sites, servers, or networks;
- Probe, scan or test the vulnerability of the Site or circumvent any security mechanism used by the Site;
- Impersonate any person or entity, including, but not limited to, any Licensor representative, or falsely state or otherwise misrepresent Licensee’s affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Site or to manipulate Licensee’s presence on the Site;
- Take any action that imposes an unreasonably or disproportionately large load on Licensor's infrastructure;
- Engage in any illegal activities; or
- Collect, store or transmit personal information about individuals or any information that is subject to applicable privacy laws or regulations.
If Licensee chooses a username or avatar that, in Licensor's sole discretion, is obscene, indecent, abusive or that might otherwise subject Licensor to public disparagement or scorn, Licensor reserves the right, without prior notice to Licensee, to automatically change Licensee’s username or avatar, delete Licensee’s posts from Licensor's sites, deny Licensee access to Licensor's sites, or any combination of these options.
Unauthorized access to the Site is a breach of this Agreement and a violation of the law. Licensee agrees not to access the Site by any means other than through the interface that is provided by Licensor for use in accessing the Site. Licensee agrees not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site, except those automated means that Licensor has approved in advance in writing.
Licensee may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
Use of the Site is subject to existing laws and legal process. Nothing contained in this Agreement will limit Licensor's right to comply with governmental, court, and law-enforcement requests or requirements relating to Licensee’s use of the Site, which may include disclosing Licensee’s Content to the applicable authorities.
Miscellaneous
The Site features trademarks, service marks, and logos that are the property of Licensor and/or its affiliates, suppliers, partners and licensors. The Site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and Licensee agrees not to use them in any manner without the prior written permission of the applicable owner.
Licensor may be required by state or federal law to notify Licensee of certain events. Licensee hereby acknowledges and consents that such notices will be effective upon Licensor's posting them on the Site or delivering them to Licensee through e-mail. Licensee may update Licensee’s e-mail address by visiting the Services where Licensee has provided contact information. If Licensee does not provide Licensor with accurate information, Licensor cannot be held liable if Licensor fails to notify Licensee.
This Agreement, including any applicable attachments, and all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between Licensee and Licensor and govern Licensee’s use of the Site and Services, superseding any prior agreements that Licensee may have with Licensor.