Effective Date: January 25, 2021
Our Services are not designed for Children, and we do not intentionally or knowingly collect, use, store, disclose, or otherwise process any Personal Information from Children. A “Child” is a person under 18 years old. If you are a parent or guardian of a Child who has submitted Personal Information, please contact us by emailing us at firstname.lastname@example.org.
4. Accounts for the Apps
You must provide current and accurate information that may be required as part of the registration process and/or continued use of the Apps. You are responsible for maintaining the confidentiality of your password and account information for the Apps.
You must promptly notify us of any breach of security related to the Apps, including, without limitation, the unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.
5. Pro Subscription
You may purchase a subscription to the Pro version of the App that enables cloud backup and multi-device sync for the App during the term of the subscription (the “Subscription").
The Subscription will begin when we receive your initial payment. You will be charged, in one lump sum, the rate stated at the time of purchase, plus applicable taxes if the rate does not include them. You may receive a notification that the Subscription is up for renewal from Apple, Google, or us.
If you are not satisfied with the Subscription, please contact Apple or Google. Apple or Google may issue a refund in its sole discretion.
Unless otherwise stated, Subscription payments are payable in U.S. Dollars. You agree to pay all such payments incurred by you or anyone else using your account, and you hereby authorize us, or Apple or Google, to collect such fees using the credit card or other payment method you provide. If your credit card or other payment method fails, we may suspend your Subscription and access to the Pro version of the App.
6. Intellectual Property Rights
All aspects of the Services, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, and/or underlying the Services, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
©2021 Professionally Ridiculous LLC, Professionally Ridiculous™, Chronologist™, Chronologist Pro™, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, and the Company reserves all rights. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
7. Limited License to Use the Services
You may elect to informally provide us with Feedback from time to time. You agree that the Company will own, and you hereby assign to the Company your intellectual property rights in and to, any and all Feedback and that the Company will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided to it, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback or ideas you provide to the Company regarding the Services, including the Apps, or any suggested improvements.
9. User Content
“User Content” means any content that a user of the Apps submits, transfers, or otherwise provides to or makes available through the Apps, including all creative expressions such as text, photographs, graphics, images, illustrations, animations, logos, music, software, audio, video, and works of authorship of any kind.
When you submit, transfer, or otherwise make available User Content to us through the Apps, you grant us and our affiliates and service providers a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, and create derivative works of such User Content. The foregoing license is for the limited purposes of allowing us to operate the Services, improve the Services, and develop new Services. The Company will not compensate you with respect to the use of any User Content.
You understand and acknowledge that you are solely responsible for your User Content, and you, not the Company, has full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that:
b) neither your User Content, nor your use and provision of your User Content to be made available through the Apps, nor any use of your User Content by the Company on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services, even upon termination, discontinuation, or cancellation of your access to the Apps. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
10. Prohibited Uses
a) use the Services to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws;
b) use the Services to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights;
c) disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Services or interfere with anyone else’s use of the Services;
d) engage in any other conduct that affects anyone else’s use or enjoyment of the Services or that, as determined by us, may harm the Company;
e) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services;
f) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
g) modify, adapt, translate, or reverse engineer any portion of the Services, or use any manual process to monitor or copy any of the material on the Services for any other unauthorized purpose;
h) use any device, software, or routine that interferes with the proper working of the Services;
i) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
j) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, including any server on which the Services are stored, or any server, computer, or database connected to the Services;
k) attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
l) otherwise attempt to interfere with the proper working of the Services; and
m) encourage or enable any other person to do any of the foregoing.
11. Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information made available through the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of the contents of the Services.
12. Linking to the Websites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
13. Links from the Websites
If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14. Changes to the Websites and Unavailability of the Websites
We reserve the right to withdraw or amend the Websites in our sole discretion without notice. The Websites and their content are not necessarily always complete or up-to-date, and we are under no obligation to update them. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon termination of the Services, Sections 6, 8-11, and 14-22 will survive such termination.
Upon termination, all the information and content contained within the App may be deleted permanently, and you will not be entitled to any refund of any of the amounts you have paid for the Pro version of the App, except as provided in Section 5. We accept no liability for information or content that is deleted due to an invalid payment.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING THE APPS AND OTHER SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING THE APPS AND SOFTWARE) OF THE SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
17. LIMITATION OF LIABILITY
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Governing Law and Jurisdiction
20. Waiver and Severability
21. Entire Agreement
23. Your Comments and Concerns
If you are a law enforcement agency, please email us at email@example.com with your comments or concerns with the subject line “Law Enforcement Request.”