Content means any written text or other materials (including but not limited to software, music, images, videos, hyperlinks, and files).
Maslow means MaslowSchmaslow LLC and its officers, directors, employees, and affiliates.
PII means any personally identifying information of ProgDB users.
2. Authorized & Prohibited Uses
You agree to use ProgDB only for personal, non-commercial purposes. You agree that you will not use ProgDB:
- for any unlawful and/or unauthorized purpose.
- to send unsolicited email to ProgDB users.
- to gather PII from ProgDB users for any use other than in connection with ProgDB.
- to post, transmit, or otherwise distribute Content that is unlawful, harassing, defamatory, invasive of another’s privacy, or otherwise objectionable (as determined in Maslow’s sole discretion).
- to post, transmit, or otherwise distribute Content that infringes the intellectual property, trade secret, and/or confidentiality rights of others.
- to post, transmit, or otherwise distribute any material through ProgDB containing computer code, files, or programs designed to harm, interfere with, or alter the normal operation of ProgDB, or any other computer software or hardware.
You further agree that Maslow may deny, restrict, suspend, or terminate your access to all or any part of the ProgDB service at any time, for any or no reason, without prior notice or explanation, and without liability to you. In addition, your violation of the intellectual property rights of others will also result in termination of your access to ProgDB.
Maslow reserves the right, without prior notice or liability to you, to change any feature or functionality of ProgDB.
If you are using ProgDB on an evaluation basis, you may use ProgDB for a period of 30 days. Your access to ProgDB will automatically terminate at the end of the 30th day.
4. Posting Content
If you post, distribute, or otherwise make available, Content through ProgDB, you are solely responsible for ensuring that you have all necessary rights to do so. You are also solely responsible for ensuring that such Content does not violate the rights, including intellectual property rights, of others. When you post Content within or through ProgDB, you are granting Maslow a royalty-free, non-exclusive license to use, distribute, reproduce, publish, publicly perform and publicly display such Content within or through ProgDB in order to carry out the purpose for which you are posting the Content. This license shall last as long as necessary to carry out the purpose for which you are posting the content.
5. Disclaimer of Warranties
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF PROGDB AND ANY CONTENT POSTED, DISTRIBUTED, OR DISPLAYED WITHIN OR THROUGH PROGDB IS ENTIRELY AT YOUR OWN RISK. PROGDB IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MASLOW DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ALL WARRANTIES CONCERNING THE AVAILABILITY, USEFULNESS, QUALITY, OR ACCURACY OF CONTENT, AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability
YOU AGREE THAT IN NO EVENT SHALL MASLOW BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES AND EVEN IF MASLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (I) YOUR USE OR INABILITY TO USE THE PROGDB SERVICE; (II) YOUR USE OF CONTENT POSTED, DISTRIBUTED, OR DISPLAYED WITHIN OR THROUGH PROGDB; (III) AND THIRD PARTY STATEMENTS OR CONTENT POSTED, DISTRIBUTED, OR DISPLAYED WITHIN OR THROUGH PROGDB. NOTWITHSTANDING THE FOREGOING, MASLOW’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, TO MASLOW FOR THE PROGDB SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF MASLOW IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE’S LAWS.
You agree that you will not disclose your ProgDB username or password to any third party and will not permit any third party to use or access your ProgDB account.
You understand and agree that Maslow has no obligation to become involved in disputes between you and other users of the ProgDB service. If you believe Content being displayed on or through the ProgDB service infringes your rights or the rights of someone else (for whom you have the authority to act) then please follow our DMCA Procedures.
Waiver & Severability
Updated: Sept 3, 2010