Prugu, Inc. Website Terms of Use

Effective Date: [09/21/2023]

Changes to the Terms

Age Requirements

Our Site is not offered or available to users who are 13 years of age or younger. By using the Site, you represent and warrant that you are of legal age to form a binding contract with us and you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Third-Party Materials

The Site may provide links to other websites or resources. Prugu does not endorse and is not responsible for any third-party content, advertising, products, services, or other materials on or available through such sites or resources. Third-party websites are subject to different terms and conditions of use, which you are responsible for reviewing.

Accessing the Site

We reserve the right to withdraw or amend our Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site are unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Site we offer. You are responsible for making all arrangements necessary for you to have access to the Site, and for ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them. To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register on our Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you acknowledge to all actions we take with respect to your information consistent with our Privacy Policy.

Accessing the Services

You may browse the Site without registering, but some features or functionality may not be accessible unless you register. In registering for the Site, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the Site’s registration form; and (ii) maintain and promptly update the information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we reasonably suspect that you have done so, we may suspend or terminate your account.

Account Security

You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify us immediately of any unauthorized use of your account or password or any other similar breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You are solely responsible for any data, usage, and other charges assessed by mobile, cable, internet, or other communications services providers for your access to and use of the Services. The Site is licensed, not sold, to you, and all rights granted to you under these Terms are subject to your compliance with the Terms. Without limiting our other rights or remedies under these Terms, you agree we have the right to limit and/or disable your access to the Site if you violate any provision of these Terms or your use of the Site would cause a risk of harm to others.

Feedback

Prugu welcomes suggestions, comments, and other feedback on the Site (“Feedback”) from all of its customers. If you provide us with Feedback, you agree that: (i) we are not subject to any confidentiality obligations with respect to the Feedback; (ii) the Feedback is not confidential or proprietary information belonging to you or any third-party and you have all of the necessary rights to disclose the Feedback to us; (c) we may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or reimbursement of any kind for Feedback.

Content

All information, data, text, software, music, sounds, images, graphics, videos, messages, scripts, tags, and other materials accessible through the Site, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Prugu, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available through the Site (“Your Content”), and other users of the Site, and not Prugu, are similarly responsible for all Content they upload, post, transmit, or otherwise make available through the Site (“User Content”). Prugu has no obligation to pre-screen Content (which includes without limitation Your Content and User Content), although we reserve the right in our sole discretion to pre-screen, refuse, edit or remove any Content. Without limiting the generality of the foregoing sentence, we have the right to remove any Content that violates these Terms. We do not warrant the accuracy, completeness, or usefulness of Content. Any reliance you place on such Content is strictly at your own risk. To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in these Terms with respect to Your Content; and (ii) Your Content does not violate or misappropriate any intellectual property or other right of any other party.

User Content

The Site contains text editors, blogs, comment sections, forums, and other functionalities where users may upload or post User Content. All User Content must comply with these Terms. Any User Content posted to the Site will be considered non-confidential and non-proprietary. By providing any User Content on the Site, you grant us and our affiliates the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You represent and warrant that you own or control all rights in and to the User Content you upload or post, and have the right to grant the license granted above to us and our affiliates. You agree that User Content you post on the Site will not include any of the following:

• Any Adult Content, such as pornography, sexual content, nudity, imagery, or portrayal of sexual activities. Some exceptions may be made, such as nudity in abstract paintings or sculptures, on our sole determination.
• Any content, activities, or users that may endanger or exploit minors.
• Any content meant to harass, threaten, or promote violence, including but not limited to, shaming, insulting, harming, or mocking.
• Any content promoting the sale or use of tobacco or nicotine products and related paraphernalia, including electronic cigarettes, vaporizers, or any other products that simulate smoking or are otherwise designed for use with tobacco or nicotine products.
• Any content promoting the sale or use of alcohol by anyone under the age of 21 years of age.
• Any graphic content that is meant to be exploitative, including but not limited to: portrayals of violent events in text or photos, animal abuse, or physical, sexual, or financial exploitation of people or animals.
• Any false, inaccurate, or misleading content, including but not limited to: medically unsupported health claims, disinformation campaigns, conspiracy theories, or fabricated information.
• Any personal or sensitive information, which may include account credentials, photos or details that may jeopardize an individual’s privacy or that does not belong to you.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Sites:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the provisions included in these Terms.
• To transmit, or procure the sending of, repetitive, irrelevant, “spammy”, or otherwise consisting of low-quality and distasteful advertising or promotional material.
• To impersonate or attempt to impersonate Prugu, a Prugu employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Prugu or users of the Sites, or expose them to liability.
Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
• Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site are stored, or any server, computer, or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

Monitoring and Enforcement

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. You waive and hold harmless Prugu from any claims resulting from any action taken by Prugu during, or taken as a consequence of, investigations by either Prugu or law enforcement authorities.

Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is: If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.

Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. 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 visitor to the Sites, or by anyone who may be informed of any of its contents. The Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Prugu, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Prugu. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Trademarks

Prugu, and all related names, logos, product and service names, designs, and slogans are trademarks of Prugu or its affiliates or licensors. You must not use such marks without the prior written permission of Prugu. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

Intellectual Property Rights

The Site and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and our Site are owned by Prugu, 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. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site. You must not modify copies of any materials from these Site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site. If you copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Term, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Prugu. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Geographic Restrictions

We make no claims that the Site are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet, the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or items obtained through the Site or to your downloading of any material posted on them, or on any site linked to them. Your use of the Site is at your own risk. The Site or items obtained through the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Prugu nor any person associated with Prugu makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site. Without limiting the foregoing, neither Prugu nor anyone associated with Prugu represent or warrants that Prugu or items obtained through the Site will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Site or the server that makes them available are free of viruses or other harmful components, or that the Site will otherwise meet your needs or expectations. To the fullest extent provided by law, Prugu hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Liability

To the fullest extent provided by law, in no event will Prugu, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to them, any content on the Site or such other websites or applications, including any direct, indirect, special, incidental, consequential, or punitive damages, including those arising from the loss of data or a data breach, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Indemnification

You agree to defend, indemnify, and hold harmless Prugu, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

Governing Law and Jurisdiction

All matters relating to the Site and these Terms, and any dispute or claims arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Prugu’s sole discretion, it may require you to submit any disputes arising from these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the Site must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Waiver and Severability

No waiver by Prugu of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Prugu to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

Severability

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Prugu regarding the Site, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

Contact Us

If you have any questions please email us at: [hello@prugu.com]