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Phrogram.com - Terms of Website Use

By using Phrogram.com (http://phrogram.com), you accept and agree to these terms of use (“Terms”) for this website ("Site"). Please read these Terms carefully before using the Site. If you do not wish to be bound by these Terms, do not access or use the Site. You affirm that you are either more than 18 years of age, or an emancipated minor, or that you possess legal parental or guardian consent to use the Site, and will comply with these Terms.

The Site includes a collection of files, images, graphics, text and other materials ("Materials") and communities intended for users of our Products. You may share Materials by uploading them to the Site; however, their subsequent use by Site visitors is beyond our control and we are not responsible for such use. We do not guarantee or warrant the accuracy or reliability of Materials uploaded by a user on the Site. We take no responsibility for direct or indirect loss or harm any kind to any user as a result of acts, errors or omissions by any other user. We also take no responsibility for files uploaded to the Site that contain any kind of malevolent code, including viruses, worms, backdoors, Trojan horses or spyware of any kind. By using the Site, you agree that you will not:

  • Post any unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, libelous, or otherwise objectionable or harmful Materials, or Materials that may invade another's right of privacy or publicity, or publish any information or images on forums to like effect;
  • Post Materials that you do not have a right to reproduce (if you post Materials owned by other individuals or entities, you must have the author’s written permission from such individual or entity to do so);
  • Delete any author attributions, legal notices or proprietary designations or labels on Materials that you upload;
  • Upload Materials that are subject to the Intellectual Property Rights of any third party that has not granted you the necessary rights to upload such Materials to the Site;
  • Use any email addresses that may be published on the Site (whether with or without a user’s consent) to send junk mail, spam, chain letters, or other unsolicited email correspondence without permission;
  • Collect or harvest any personally identifiable information, including user names, from the Site, nor use the communication systems provided by the Site for any commercial solicitation purposes, nor solicit, for commercial purposes, any users of the Site with respect to their Materials; and
  •  Violate any applicable local, state, national or international law.

If you upload any Materials, you are their author. As author, you agree that Site visitors may use the Materials for their own non-commercial use and/or reference (including source code) freely and without restriction and that they may re-distribute such Materials freely, subject only to these Terms. By submitting Materials, you warrant that you are have the right to distribute or redistribute such Materials. We are not responsible for, and have no liability for, disputes regarding Intellectual Property Rights of Materials. By submitting Materials, you grant to The Phrogram Company a non-exclusive, worldwide license to link to, reproduce, distribute, adapt, perform, display and sublicense the submitted Materials, including without limitation the right to market and distribute the Materials as part of our Products.

We reserve the right to reject, alter or remove Materials from the Site without prior notice. We may modify, edit, update or change any Materials, either before or after they are first made available on the Site, to improve quality, as we may determine in our sole discretion; however, we will not alter copyright information. We may also update uploaded Materials to run on other versions of our products or services. Authors are free to use updated Materials in their personal or non-commercial applications; however, to use updated Materials in commercial applications or on other websites, authors must have our written or verbal permission.

We reserve all rights to allow or terminate a user account on the Site without prior notice. We also reserve the rights to change the user account types on the Site. If you create a user account, you grant permission to The Phrogram Company to send you occasional emails notifying you of changes to the Site, or informing you about promotional programs or offers, subject at all times to your right to "opt-out", or unsubscribe, to receiving further emails.

We may start or stop contests and prizes without notice. Winners may be selected based on article/code content, usefulness, downloads, readers feedback, judge decision or other factors. We reserve the right to determine which entries are winners as well as to cancel contest or prizes without prior notice. We make no guarantee as to time of receipt as we have no control over services used to send prizes. Other rules and terms relating to a specific contest or eligibility for a particular prize may be published separately, in conjunction with the announcement of such contest or the availability of such prize, in which event such rules and terms will apply irrespective of these Terms.

Software code, including Products, programs, tools, utilities, files and otherwise, and documentation made accessible via the Site that are not submitted by an author (collectively, "Software") are owned by The Phrogram Company or its suppliers. Use of the Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. Certain terms and licenses may only be posted with Software downloads or at the Site page where the Software can be accessed. Absent a license agreement that accompanies the Software, use of the Software will be governed by these Terms. You agree not to decompile, reverse engineer or otherwise attempt to discover the source code of Software that is distributed in binary format only. The Software is made available solely in accordance with these Terms and any license agreement applicable thereto.

Links to third party sites that are made available on this Site (“Linked Sites”) are for your convenience only. You accept any risk associated with accessing Linked Sites and agree that we bear no responsibility for content accessible by such links. All third party product and/or company names referred to in the Site are recognized as trademarks of their respective owners, with all applicable Intellectual Property Rights of the owner as may be attendant thereto. © 2006-2009 The Phrogram Company. All rights reserved. Permission to use any contents or materials in the Site other than as specified in these Terms of Use will be considered only after we receive a written request to do so.

WE ARE NOT RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL, DIRECT OR INDIRECT DAMAGES, OR OTHER LOSSES FOR ANY USE OF THE SITE, OR THE USE OF LINKED SITES, INCLUDING ANY LOST PROFITS, BUSINESS LOSSES, DATA LOSSES, OR ANY OTHER PROPERTY LOSSES. THE SITE IS SUBJECT TO CHANGE OR UPDATE AT ANY TIME WITHOUT PRIOR NOTICE. WE TAKE NO RESPONSIBILITY FOR THE ACCURACY OR ORIGINALITY OF ANY MATERIALS POSTED BY AUTHORS ON THE SITE. You agree to indemnify and hold harmless The Phrogram Company, and our respective officers, employees and representatives, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your activities or access to or use of the Site (including use of the Site by your employees, contractors or agents); (b) your infringement of any third party Intellectual Property Rights in connection with Materials made available by you on the Site; (c) your access to or use of Linked Sites and your connections thereto; or (d) any dealings between you and any third parties advertising or promoting the Site.

We will, in appropriate circumstances, terminate the accounts of users who infringe the Intellectual Property Rights of others. We will use reasonable efforts to investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, you must provide, pursuant to the DMCA, written notice of claimed copyright infringement to the Designated Agent for the Site (identified below), which must contain the following elements:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest alleged to have been infringed;
  • A description of the copyrighted work or works alleged to have been infringed and identification of Materials claimed to be infringing and which you request to be removed or access to which is to be disabled;
  • A description of where the Materials that you claim to be infringing are located on the Site;
  • Information sufficient to permit us to contact you, such as your physical address, telephone number, and e-mail address;
  • Your statement that you have a good faith belief that use of the Materials identified in your notice in the manner specified by you is not authorized by the copyright owner, its agent, or applicable legal principles;
  • A statement by you that the information in your notice is accurate and, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Designated Agent for Notice of claims of copyright infringement under the DCMA may be reached by mail or email, as follows: David Witus, The Phrogram Company. 12906 SE 214th Pl., Kent, WA 98031. The email address is: info@Phrogram.com. Do not contact the Designated Agent unless you believe your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Site or on Lined Sites by the alleged infringer. No response will be provided to any other type of inquiries directed to the Designated Agent. All other inquiries should be made by email to info@phrogram.com.

The following terms also apply to your usage of this Site:

  • You may not assign or otherwise transfer any rights granted under these Terms without our prior written consent, which may be withheld for any reason, and in our sole discretion.
  •  You acknowledge and agree that (i) the Site is deemed to be located for all purposes solely in the State of Washington, USA; and (ii) the Site will be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Washington, USA.
  •  These Terms will be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles.
  •  Any claim or dispute between you and us that arises in whole or in part from the Site will be decided exclusively by a court of competent jurisdiction located in King County, Washington.
  •  If a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, such provision or portion will be enforced to the maximum permissible extent, and the remainder of these Terms will continue in full force and effect. Any failure by us to enforce or exercise any provisions or related rights will not constitute a waiver of any rights or provisions.
  •  These Terms, and any other rules, guidelines, licenses and disclaimers posted via the Site or applicable to our Products, constitute the entire agreement between us and you with respect to your access to or use of the Site, superseding prior agreements thereon (including any prior versions of these Terms). Notwithstanding the foregoing, to the extent any provisions of these Terms are expressly contradicted by the terms of any written agreement between you and The Phrogram Company regarding your use of specific Products, services or Materials ("Written Agreement"), such contradictory terms as set forth in the Written Agreement will be controlling over these Terms.