Updated: 2013 – 09 – 07
We at Pressgram care deeply about your rights and we want to create a service that is a consistent champion for its users. As such we’ve created this Terms of Service with you, our users and community, in mind.
We’ve build an mobile application, Pressgram, that we believe you will love. It’s free to download although we may offer paid upgrades and advanced features as we move forward. Our app and service was built to give you as much control and ownership over your images and we encourage you to feel safe and secure through your creative expression.
But don’t do anything illegal, don’t be mean to others (no spam, viruses, hate content), and be generally a good and decent citizen (we do not allow pornographic images) of the Pressgram community. Be responsible with what you publish and we’ll all get along just fine!
It’s worth noting that we’ve based much of our Terms of Service off of WordPress.com which has their Terms of Service available under Creative Commons Sharealike license which allows us to repurpose theirs fully and freely. We trust them and believe in their service and they’ve spent a lot time and money making it the very best for their users! And that makes sense since we push content directly to their service through the Pressgram app!
Terms of Service:
The following terms and conditions govern all use of the Pressgram app (“app”) and all content, services and products available at or through the app and Website (“Pressgr.am”), including, but not limited to our growing Store of products (“Store”), Pressgram.net.
Please read this Agreement carefully before accessing or using the app. By accessing or using any part of the app and web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the app, website or use any services. If these terms and conditions are considered an offer by Pressgram, acceptance is expressly limited to these terms. The app and use of the website is available only to individuals who are at least 13 years old.
1. Your Pressgram Account
If you create a username and profile on the app, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the app. You must not describe or assign keywords to your profile in the app in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Pressgram may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Pressgram liability. You must immediately notify Pressgram of any unauthorized uses of your app account or any other breaches of security. Pressgram will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of User
If you decide to use Pressgram and create an account, comment in the app, post images via the app, post links on the app or in comments, or otherwise make (or allow any third party to make) material available by means of the app (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, or links to other such media like audio files, or computer software. By making Content available to other users in the community and in the app, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your app and User account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Username is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your explicit Username or Site URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes any computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Pressgram or otherwise.
- you understand that Pressgram uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Pressgram app, display and show Content.
- You must not modify, adapt or hack the Content or Pressgram app or modify another website so as to falsely imply that it is associated with the Content, Pressgram, or any other Pressgram services.
- We may, but have no obligation to, remove Content and User Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Pressgram user, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission via the Pressgram app, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. By submitting Content to Pressgram for inclusion on your User account, you grant Pressgram a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Content in the app (e.g. displaying your photos within the app to your social network and friends). If you delete Content, Pressgram will use reasonable efforts to remove it from the app, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Pressgram has the right (though not the obligation) to, in Pressgram’s sole discretion (i) refuse or remove any content that, in Pressgram’s reasonable opinion, violates any Pressgram policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the app to any individual or entity for any reason, in Pressgram’s sole discretion. Pressgram will have no obligation to provide a refund of any amounts previously paid.
4. Payment and Renewal
- General Terms. Optional paid services such as in-app purchases, or digital purchases are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Pressgram the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees or in-app purchases are not refundable.
- Automatic Renewal. Unless you notify Pressgram before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
5. Responsibility of Website Visitors an App Users
Pressgram has not reviewed, and cannot review, all of the material and Content, posted in the App and through the User’s profile, and cannot therefore be responsible for that material’s content, use or effects. By operating the Pressgram app, Pressgram does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems and your own Pressgram account from viruses, worms, Trojan horses, and other harmful or destructive content.
The app may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The app may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pressgram disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Pressgram app links, and that link to the Pressgram app. Pressgram does not have any control over those non-Pressgram websites and webpages, and is not responsible for their contents or their use. By linking to a non-Pressgram website or webpage, Pressgram does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pressgram disclaims any responsibility for any harm resulting from your use of non-Pressgram websites and webpages.
7. Copyright Infringement and DMCA Policy
As Pressgram asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Pressgram app or Website violates your copyright, you are encouraged to notify Pressgram in accordance with Pressgram’s Digital Millennium Copyright Act (“DMCA”) Policy. Pressgram will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Pressgram will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pressgram or others. In the case of such termination, Pressgram will have no obligation to provide a refund of any amounts previously paid to Pressgram.
8. Intellectual Property
This Agreement does not transfer from Pressgram to you any Pressgram or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Pressgram. Pressgram app logo, and all other trademarks, service marks, graphics and logos used in connection with the Pressgram app, or the Website are trademarks or registered trademarks of Pressgram or Pressgram’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Pressgram app and Website may be the trademarks of other third parties. Your use of the Pressgram app and Website grants you no right or license to reproduce or otherwise use any Pressgram or third-party trademarks.
Pressgram reserves the right to display attribution links such as ‘Published via Pressgram,’ in your blog’s content. We do, however, give the User the option of turning this attribution off via their User settings.
Pressgram reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Pressgram app and Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Pressgram may also, in the future, offer new services and/or features through the Pressgram app and Website (including, the release of new tools, resources, premium features, and in-app purchases). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Pressgram may terminate your access to all or any part of the Pressgram app and Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Pressgram app account (if you have one), you may simply discontinue using the Pressgram app and Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties
The Pressgram app and Website is provided “as is”. Pressgram and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Pressgram nor its suppliers and licensors, makes any warranty that the Pressgram app and Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Pressgram app and Website at your own discretion and risk.
13. Limitation of Liability
In no event will Pressgram, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Pressgram under this agreement during the twelve (12) month period prior to the cause of action. Pressgram shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty
You agree to indemnify and hold harmless Pressgram, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Pressgram and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pressgram, or by the posting by Pressgram of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Delaware. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Delaware, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pressgram may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.