Website Terms of Usage
LEGAL TERMS OF WEBSITE USE PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The Materials on the Progress City Productions LLC (“Progress City”) website (the “Site”) are provided by Progress City as a service to its customers and may be used for informational purposes only. All uses of the Materials or the Site are subject to the terms and conditions of this legal notice (the “Terms”). By viewing the Site or downloading any Materials from the Site, you agree to these Terms. If you do not agree to the Terms, do not view the Site or download any Materials from them.
1. LICENSE. You may browse the Site for personal entertainment and information. You may not distribute, modify, transmit or revise the contents of the Site without the written permission of Progress City.
2. PROTECTED INFORMATION. The Materials at the Site are copyrighted and protected by trademark and other intellectual property laws. Any unauthorized use may violate copyright, trademark, and other laws. No title nor intellectual property rights are transferred to you or any third party through the use of or access to the Site. All rights, title, and interest in and to all aspects of the Site remain the sole property of Progress City or its authorized third-party suppliers and service providers. You may download one copy of the text, graphics, sounds, files, software or other information found on the Site (the “Materials”) on a single computer for your personal, non-commercial internal use only, unless specifically licensed to do otherwise by Progress City in writing or as allowed by any license terms that accompany or are provided with the individual Materials. Under the Terms, you are granted a limited license, not a transfer of title, and your license is subject to the following restrictions: you may not: (a) modify the Materials or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Materials except and only to the extent permitted by applicable law; (c) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person.
Except as permitted in the foregoing, all reproduction, alteration, redistribution, re-publication, downloading, display, notification or transmission of any Materials on the Site is expressly forbidden in total or in part, in any format, by any means, without the express prior permission of Progress City.
Progress City will enforce its rights to the full extent of the law against any unauthorized commercial use of any documents residing on this World Wide Web server (including but not limited to text, graphics, trademarks, service marks, logos, software, files, videos, and music).
3. NO WARRANTIES.
- THE MATERIALS AND THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Progress City and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. Progress City may make changes to the Materials and the Site at any time without notice. Progress City makes no commitment to update the Materials or the Site. Neither Progress City nor its third-party suppliers or service providers warrant that the Site or associated server computers are free of viruses or other harmful components. You solely (and not Progress City) assume the entire cost of all necessary servicing, repair, or correction to your equipment, computers, software, or data resulting in any way from viewing or downloading the Materials or otherwise using the Site.
b. Progress City attempts to be as accurate as possible with our content. However, Progress City does not warrant that content of this site are accurate, complete, reliable, current, or error-free.
4. DISCLAIMER. IN NO EVENT SHALL PROGRESS CITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF PROGRESS CITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
5. USER SUBMISSIONS.
a. Except as otherwise expressly specified in our Privacy Statement, on our web site pages or in these Terms, any information, communications or materials that you post or transmit to the Site (“Communications”) are, and will be treated as, non-confidential and non-proprietary, and shall forever be the exclusive property of Progress City. By transmitting or posting any Communications on the Site, you grant to Progress City or its designees a perpetual, royalty-free, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Communications and any and all information contained therein. Progress City and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
b. You may not post or transmit any unlawful, threatening, libelous defamatory, obscene, pornographic, indecent or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law or regulation.
6. USER REPRESENTATIONS; INDEMNIFICATION.
- You represent and warrant that: (a) any information you provide to Progress City on the Site is true and accurate; (b) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete; (c) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of the Site; (d) you will not use the Site in connection with making Communications or otherwise, to infringe, misappropriate or violate the rights of Progress City or third parties; (e) you will only make Communications of information to which you have sufficient rights to grant the license set forth in Section 5., above; (f) you will not knowingly include in Communications or otherwise introduce to the Site, any viruses or other items of a destructive nature; and (g) you will comply at all times with these Terms for the Site as they may be amended from time to time by Progress City.
- By accessing and/or using the Site under these Terms, you further agree to and authorize all Progress City policies under its Privacy Statement, including but not limited to policies regarding disclosure of personally identifiable information.
- You are personally liable for any orders that you place or charges that you incur in using the Site.
- You agree that with respect to any special promotions or other like activities offered on the Site, that you will abide by the rules established by Progress City for such activities as described on the Site.
- You will indemnify and hold harmless Progress City against any and all judgments, settlements, penalties, costs and expenses (including attorneys’ fees) paid or incurred in connection with claims due to, resulting from or arising in connection with Communications made distributed, displayed, transmitted or published by you, including but not limited to those attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, and (b) errors in or omissions from such Communications.
7. USE OF MARKS. Progress City only purports to use names, logos or marks appearing in the Site in those territories in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. Progress City does not purport to use any name, logo or mark in any territory in which it is not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory. The use or misuse of these trademarks or any other Materials is strictly prohibited.
8. TERMINATION OF THIS LICENSE. Progress City may terminate this license at any time if you are in breach of these Terms. Upon termination, you will immediately destroy any copies of the Materials in your possession.
9. USE OF PERSONALLY IDENTIFIABLE INFORMATION. All use of personally identifiable information submitted by you to Progress City via the Site is governed by the terms of Progress City Privacy Statement.
10. LINKS TO / FROM OTHER SITE.
a. Third party sites may be linked to or from the Site. Such linked sites are not under the control of Progress City, and Progress City is not responsible for the content of any linked site or any link contained in a linked site. Progress City reserves the right to terminate any link or linking program at any time. Progress City does not endorse companies or products to which it links, unless we expressly state otherwise. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.
b. You may provide links to the Site from other sites provided that (a) you link only to the Site’s home page, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notice, or other notices on the Site, (c) you give Progess City notice of such link via e-mail or certified postal mail, and (d) you discontinue providing links to the Site if requested by Progess City.
- Progress City maintains offices within the United States of America from which it may administer the Site. Progress City makes no representation that Materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations, do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. You agree that any claim relating to the Materials shall be governed by the substantive laws of the State of New Jersey, and you agree to personal jurisdiction and convenient forum therein.
- Progress City may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by additional express legal notices or terms posted on particular pages of the Site. Continued use of the Site following any change constitutes acceptance of the change.
- You may terminate your access to the Site at any time. Progress City may suspend or discontinue providing the Materials to you with or without cause and without notice. Progress City may pursue any other remedy legally available to it if you fail to comply with any of your obligations hereunder.
- You agree that when you visit our Site, purchase products through the Site, or contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Site by Progress City. Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed in the Site; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you. Except as expressly directed otherwise by Progress City herein or elsewhere in the Site, notices to Progress City should be sent to: firstname.lastname@example.org.
- The failure of Progress City to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
- You may not assign your rights or delegate your duties under these Terms.
- These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety.
- If any provision hereof is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that these Terms for the Site will in any event remain valid and enforceable.
Copyright © 2011 Progress City Productions LLC. All rights reserved.