Terms and Conditions of Use
Please carefully read our terms and conditions of use. These constitute a binding agreement between you and Prodygia Inc. You agree that your use of the www.prodygia.com website, or any services available on or through any of our sites constitutes acceptance of the terms and conditions listed, below, in this agreement. If you work for or represent a business, you represent and agree that you are authorized by that business to enter into this agreement on behalf of that business. You understand that Prodygia is relying on the fact that you are authorized to enter into this agreement on behalf of that business. When we use the words "you" or "your" in these terms and conditions, we refer to you, individually, and the company you may work for, own or represent. If for any reason or no reason you do not agree to be bound by this agreement, as amended, you must stop using our site.
We may from time to time amend, supplement or modify these terms and conditions. You should check this agreement periodically for changes. Your continued use of Prodygia website following the posting of changes will also mean that you accept and agree to the changes.
1. Contact Information
2. Access to Content
This site enables Users to consume content produced in collaboration with independent experts (the "Experts") who provide articles, video interviews, and online courses on our proprietary platform.
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.” Where Prodygia provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is “Prodygia Content.” Content and comments that are uploaded, transmitted or posted to the Site or through the Products by a User or Expert represent “Submitted Content.” Content remains the proprietary property of the person or entity supplying it. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorized in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorized in these Terms.
You hereby grant Prodygia a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Products, and sublicense it to Experts and Users for these purposes directly or through third parties. Notwithstanding the foregoing, You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.
Prodygia hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Prodygia Content, for which You have paid all relevant and required fees in the case of online courses, solely for Your personal, non-commercial, educational purposes through the Site and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Courses. All other uses are expressly prohibited absent our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Prodygia Content unless We give You explicit permission to do so. Submitted Content and Prodygia Content are licensed, and not sold, to You. Experts may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.
PRODYGIA RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NO REVIEW OR POSTING OR APPEARANCE OF THE SUBMITTED CONTENT ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY SUBMITTED CONTENT IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL.
If You believe that Submitted Content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that Submitted Content of a third party or any Prodygia Content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to Prodygia.
All rights not expressly granted in these Terms are retained by the Content owners and these Terms do not grant any implied licenses.
3. Pricing for Paid Courses
The Expert and Prodygia will together determine the pricing for Courses. If You are a User, You agree to pay the fees for courses that You take. Discount codes may also be applied.
Prodygia offers Users a no-questions-asked money back guarantee on courses. If you, as a User, are unhappy with a Course and request a refund within 7 days of the date that you paid for access to that Course, we will provide you with a full refund of the amount you paid (minus the Stripe or PayPal processing fees). To request a refund, please contact us via firstname.lastname@example.org. We endorse this policy in good faith and with 100% User satisfaction as our goal. If, however, we believe that a User is abusing our refund policy in our sole discretion, we reserve the right to suspend or terminate the account and refuse or restrict any and all current or future use of Prodygia Products, without any liability to you."
Experts acknowledge and agree that Users have the right to receive a refund as set forth in this section. Neither Experts nor Prodygia shall receive any payments, fees or commissions for any transactions for which a refund has been granted.
5. Prohibited Conduct
We expect you to use good judgment when using and accessing our site and its content. Our website and the digital content available on and through it are all governed by copyright laws and other applicable laws. Below is a list of some of the things you may not do:
- Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Site that in any way affects the use, enjoyment or service of the Site, or adversely affects prodygia.com's computers, servers or databases.
- Capture, download, save, upload, print or otherwise retain information or content available on the site other than what you have paid for, in accordance with any license agreements you may be required to click-and-accept or otherwise is expressly allowed by this agreement.
- Permit or provide others access to our content and courses using your user name and password or otherwise, or the name and password of another authorized user of our site.
- Copy, distribute, perform, display, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the site.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Content available on the Site.
- Transfer our website content to another person; "frame," "mirror," "in-line link," or employ similar navigational technology to our website content; or "deep link" to the Site Content.
- Violate or attempt to violate Prodygia's security mechanisms, access any data or server you are not authorized to access or otherwise breach the security of our website or corrupt it in any way.
- Engage in any other conduct which violates the laws of the United States or any foreign jurisdiction (especially copyright laws).
- Use any device (such as a "web crawler" or other automatic retrieval mechanism) or other means to harvest information about other users, our websites or our company.
- Use or attempt to use our website or any of our content to violate a third party's intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party's intellectual property rights.
- Misrepresent your identity or personal information when accessing our website; forge any TCP/IP packet header or any part of the header information in any e-mail so that the e-mail appears to be generated by creativelive.com.
- Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive, threatening, objectionable or illegal material on the Site; post a communication that advocates or encourages criminal conduct or conduct that may give rise to civil liability.
- Advertise or otherwise solicit funds, goods or services on or through our site.
- Provide any commercial hosting service with access to our site and/or its content or programs.
6. Limited Warranties
Prodygia makes no representations or warranties regarding its www.prodygia.com website. The digital content available on or through Prodygia has been compiled by Prodygia, third parties and other proprietary sources for the purposes of providing instruction on the subject matter of the given course. Because of the changing and didactic nature each subject area, neither Prodygia nor any of our Experts represents or warrants that any content or information is current, complete or accurate.
IF YOU HAVE ANY PROBLEM WITH ANY VIDEO CONTENT PURCHASED ON OUR WEBSITE, YOU MUST REPORT IT TO US IN WRITING WITHIN THIRTY (30) CALENDAR DAYS OF DISCOVERING THE PROBLEM. IF YOU DO NOT, PRODYGIA WILL NOT BE OBLIGATED TO HONOR ITS LIMITED WARRANTIES. PRODYGIA WILL USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR, REPLACE, OR REFUND AS DESCRIBED IN THIS SECTION WITHIN THIRTY (30) CALENDAR DAYS OF BEING SO NOTIFIED. THE LIMITED WARRANTIES OFFERED BY PRODYGIA HEREUNDER WILL BE VOID AND IS TERMINATED IF ANY MODIFICATIONS ARE MADE TO ANY MEDIA OR CONTENT; IF ANY MEDIA IS SUBJECT TO ACCIDENT, ABUSE, OR IMPROPER USE; OR IF YOU VIOLATE THE TERMS OF THIS AGREEMENT.
ALTHOUGH PRODYGIA HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON ITS WEBSITE, IT MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.
7. Disclaimers and Limitations on Liability
PRODYGIA AND WWW.PRODYGIA.COM HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PERFORMANCE OF THE WEBSITE, ANY PRODUCTS OR SERVICES ON THE SITE OR THE ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT, DATA AND INFORMATION, INCLUDING (WITHOUT LIMITATION) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY IMPLIED INDEMNITIES. ADDITIONALLY, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR ANY OTHER CLAIMS OF YOURS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR USE OF OUR WEBSITE, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK AND ANY CONTENT THAT YOU ACCESS IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AS A RESULT, AND FOR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR STREAMING OF ANY SUCH CONTENT, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO DEALER, AGENT, REPRESENTATIVE, LICENSEE OR EMPLOYEE OF PRODYGIA IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSION, OR ADDITIONS TO THESE LIMITED WARRANTIES OR DISCLAIMERS.
THE LAWS OF YOUR JURISDICTION MAY PROHIBIT OR MODIFY THE FOREGOING DISCLAIMERS AND LIMITATIONS ON DAMAGES, AND SUCH DISCLAIMERS OR LIMITATIONS ON DAMAGES MAY NOT APPLY TO YOU.
8. Your Assumption of Certain Risks Helps Us Keep Prices Down
You assume all risks associated with the use of any interviews, articles or courses on our site. You agree and understand that Prodygia would not grant you access to our website or our content "but for" the allocation of risks contained in these terms and conditions, including without limitation the disclaimer of warranties, limitations on liability and your obligation to indemnify Prodygia as described herein. You also understand and agree that we could not provide the access and content (whether for free or at the then-current prices shown on our website) unless you agreed to the express allocation of risks and other terms and conditions contained herein.
9. Your Indemnification Obligation
You agree that you shall indemnify and hold harmless Prodygia, its officers, directors, employees and agents, and all entities that have contributed content, information or data to, or provided services on or through Prodygia and www.prodygia.com, against any and all losses, claims, demands, expenses (including reasonable attorneys' and expert witness fees) or liabilities of whatever nature or kind arising in any way out of your violation of this agreement, any of its terms or conditions or your use of our website, or of the content, or information and data contained therein or provided through it.
10. Third Party Content; Hyperlinks
Digital content provided by third parties is for informational purposes only, and Prodygia's sale of any content constitutes neither an endorsement nor a recommendation by Prodygia. Prodygia assumes no responsibility for third party products or services.
Our website may contain links and references to other third party websites and materials. We do not assume any responsibility for these websites or materials and provide these links or materials solely for your convenience. Prodygia may disable any hyperlink to our site at any time. We reserve the right (but are not obligated), subject to applicable laws, to monitor third party websites and hyperlinks on and to our website.
11. Copyrights, Trademarks and Other Proprietary Rights
Prodygia and/or its third party content providers retain all rights throughout the universe in the intellectual property in and on the Prodygia website, including but not limited to trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the website, its color combinations, layout, and all other graphical elements, and the copyrights in and to its content. You should assume that everything You read or see on the Site is copyrighted, trademarked, or otherwise protected and owned or licensed by Prodygia. Except as expressly stated on the Site or in these Terms, nothing that You read or see on the Site or in the CONTENT may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Prodygia, except as provided in these Terms. Nothing in these Terms grants you an express or implied license to use any of Prodygia's intellectual property except as set forth in Section 4.
If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to Prodygia, You may forfeit your intellectual property rights and moral rights contained in such communication or material.
12. Security; Authorized Use
You may not, directly or indirectly, violate or attempt to violate the security of any Prodygia website. Prodygia has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Prodygia may immediately suspend your access while it conducts an investigation. Users are required to enter a user name and password to access content. To protect against unauthorized access to your account, we recommend you close your browser when you have finished using our website. You are responsible for maintaining the secrecy of your user name and password.
You represent and warrant that you are the person on whose behalf you claim to accept this agreement. As stated earlier in this agreement, if you are entering into this agreement on behalf of a third person or entity, you represent and warrant that you have the power and authority to enter into these terms and bind such person or entity. You also represent and warrant that you are an adult who is legally able to enter into this agreement.
You may not use the account, user name or password of someone else at any time. You agree to notify Prodygia immediately of any unauthorized use or loss of your account, user name, password and/or credit card information. You also agree to notify Prodygia immediately if you are aware of or suspect other unauthorized use of our website and/or any content or instructional programs. Prodygia will not be liable for any loss or damage you incur as a result of someone else using your user name and password (with or without your knowledge). You may be held liable for any losses incurred by Prodygia, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else's use of your account, user name or password.
If you need a new user name and/or password, Prodygia will generate a new user name and password automatically through its computers and send it to your e-mail or postal address.
13. Term and Termination
The term of this agreement shall begin on the day that you first access our website and shall continue until terminated by either of us upon notice, which may be given by email. The terms of sections 1,3,4,5,6,7,8,9,10,11,13,14,15, and 16 shall survive any termination or expiration of this agreement. Additionally, all of the restrictions on use of our information shall continue to apply to information downloaded from any Prodygia website until all copies of that information are destroyed by you. In addition to any other rights or remedies Prodygia may have at law or in equity, Prodygia may terminate this agreement at any time and at its sole and absolute discretion. Prodygia may also terminate your access to content or otherwise block or cancel your access to our website without notice if we believe, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or engaged in conduct that Prodygia deems inappropriate. Your obligation to pay fees shall survive any termination of this Agreement.
These terms and conditions of use/agreement constitute the entire agreement between Prodygia and you regarding the subject matter hereof, and any additional or different terms or conditions set forth in any other document, including without limitation any purchase order, shall be of no effect. Any previous agreement, whether oral or written, between you and Prodygia dealing with the subject matter hereof is superseded. This agreement may only be modified or amended in writing on this site, by Prodygia. If any portion of this agreement is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms and conditions shall continue in full force and effect. Upon your breach or threatened breach hereof, Prodygia may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Prodygia's remedies are cumulative and not exclusive. Failure of Prodygia to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of this agreement at any later time. You agree that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing any Prodygia website, you agree to and accept this shortening of the statutes of limitations. Prodygia makes no covenant, representation or warranty that any content on or available through its website is appropriate or available for use in all locations.
Prodygia primarily uses email and social networks to communicate with you. All purchase receipts, confirmation notices, welcome messages, and other updates are delivered through electronic communications. Prodygia may periodically communicate service and other suitable updates with you via email. If you have any questions or comments about this agreement, any Prodygia website, or wish to report an issue, please contact us at email@example.com. We will attempt to reply within a reasonable time period to each e-mail inquiry we receive, but we cannot guarantee any timely response.
Prodygia will periodically communicate service and other suitable updates with you via email. If you leave your name and email address as part of the basic sign up which allows you to download a PDF document, or sign up as a Member and create a Prodygia account, then you agree to be automatically added to our email distribution list and to receive future email correspondence. Rest assured that we do not take your attention for granted and understand your time is precious. so we will never spam you. Our aim is always to offer value to you. You also have the option to unsubscribe anytime.
If you have any questions or comments about this agreement, any Prodygia website, or wish to report an issue, please contact us at firstname.lastname@example.org. We will attempt to reply within a reasonable time period to each e-mail inquiry we receive, but we cannot guarantee any timely response.