Please read the following Content Policy (“Policy”) carefully to understand our views and practices regarding your use of Pexgle Blog, Pexgle Ebooks, Pexgle Content, available at www.Pexgle.com (and any associated sub-domains) (hereinafter “Site”), before posting a comment or any other information on our Sites.

DEFINITIONS

Pexgle Blog — blog, available at www.pexgle.com/blog/ (including all sub-domains).

Pexgle Content means any part of Pexgle’s Site including text, documents, data, studies, flowcharts, diagrams, images, audio and video files and other content uploaded to Pexgle’s Site and created or developed by Pexgle, Pexgle’s employees or third parties who have an appropriate agreement with Pexgle.

Pexgle Ebooks means the part of Pexgle’s Site, available at www.pexgle.com/ebooks/ (including all sub-domains), where User may download materials uploaded by Pexgle or third parties and use materials in accordance with the Policy.

User Content means any content you post, upload or otherwise make available on our Sites, including information, text, graphics, photos or other materials.

1. YOUR ACCEPTANCE OF POLICY

   If you do not agree with any provision of this Policy please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to this Policy in its entirely and to other policies and terms that will be displayed to you on the Site at the time you first use certain features, as may be amended by Pexgle from time to time.

   Please note that we reserve the right, in our sole discretion, to change, modify, add or delete portions of this Policy without notice at any time by updating this posting. You should visit this page regularly to review the current Policy. Your continued use of the Site will be deemed as irrevocable acceptance of any changes.

   We reserve the right to restrict, suspend, terminate or refuse your access to or use of the Site, in whole or in part, without notice, in our sole discretion.

   You must be at least 13 years old to use Pexgle service.

2. YOUR REGISTRATION

   To access to the Site or some of Pexgle Content, you may be asked to provide registration details. If so, it is condition of use of the Site that all the details you provide should be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to restrict, suspend, or terminate your account on the Site.

3. YOUR USE OF PEXGLE CONTENT

   Your right to use this Site and any of Pexgle Content is subject to your compliance with this Policy. Modification or unauthorized use of Pexgle Content may violate copyrights and/or trademarks and is prohibited.

   You may access and display Pexgle Content for non-commercial, personal use only.

   Pexgle Content and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any other way unless specifically authorized by us.

   In addition, you agree not to:

   • Bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the Site or Pexgle Content, including, but not limited to, any digital rights management functionality;
   • Remove any proprietary notices or labels, including copyright notices, on Pexgle Content;
   • Use the Site or Pexgle Content for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
   • You agree to use the Site and Pexgle Content at your sole risk and that we shall not have any liability to you for the type of information that you may access, including without limitation information that you may find offensive, indecent, or objectionable. We do not warrant the truth or validity of any information provided via the Site or Pexgle Content.

4. USER CONTENT

   By posting any other User Content or any other information on our Site, you acknowledge and agree that the data you fill in during the subscription process on our Site or any time later creates your public profile (hereinafter “Public Profile”). You acknowledge and agree that the information that you provide in your Public Profile would be visible to the others. You are responsible for your use of Pexgle Site, for any User Content you post on our Sites, and for any consequences thereof. Most User Content you submit, post, comment, or display through Pexgle services is public by default and will be able to be viewed by other users and through third party services and websites. You can change information in your Public Profile at any time. You should only provide User Content that you are comfortable sharing with others.

   You are responsible for any activity that occurs through your Public Profile and you agree not to sell, transfer, license or assign your Public Profile. You acknowledge and agree that you cannot delete User Content published on our sites.

   Pexgle requires that you do not post, email, or submit to or publish through Pexgle Blog or otherwise make available on the Site any content, or act in a way, which:

   1. libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
   2. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details for improper purposes or otherwise;
   3. infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of privacy or publicity;
   4. violates any law or may be considered to violate any law;
   5. transmits under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
   6. advocates or promotes illegal activity;
   7. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
   8. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners or sponsored videos, and/or soliciting goods or services) except as specifically authorized on this Site;
   9. solicits funds, advertisers or sponsors;
   10. includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
   11. amounts to a ‘pyramid’ or similar scheme;
   12. disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site; or
   13. contains links to other sites that contain the kind of content, which falls within the descriptions set out at (a) to (m) above.

5. OUR USE OF USER CONTENT

   By posting or uploading any User Content to this Site and/or providing any communication or material to Pexgle you automatically and irrevocably:

   1. grant and assign to Pexgle a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to any and all rights in the User Content including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other use and exploitation including the creation of derivative works, by Pexgle and/or by any person authorized by Pexgle, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
   2. warrant that you are the owner of the User Content or has a right to grant us rights specified hereinabove and entitled to enter into this Policy;
   3. confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Pexgle shall not be liable for any use or disclosure of such User Content.

6. DISCLAIMER

   YOUR USE OF THE SITE AND Pexgle CONTENT ARE AT YOUR OWN RISK. EXCEPT WHERE PROHIBITED BY LAW, THE SITE AND Pexgle CONTENT ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE OR Pexgle CONTENT (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY SITES LINKED TO THE SITE.

7. LIMITATION OF LIABILITY

   ANY USER CONTENT POSTED, UPLOADED OR OTHERWISE MADE AVAILABLE BY YOU ON OUR SITE, WHETHER PUBLICLY POSTED OR PRIVATELY TRANSMITTED, IS THE SOLE RESPONSIBILITY OF THE PERSON WHO ORIGINATED SUCH CONTENT. WE MAY NOT MONITOR OR CONTROL THE CONTENT POSTED VIA OUR SITES AND WE CANNOT TAKE RESPONSIBILITY FOR SUCH CONTENT. ANY USE OR RELIANCE ON ANY CONTENT OR MATERIALS POSTED VIA OUR SITES OR OBTAINED BY YOU THROUGH Pexgle SERVICES IS AT YOUR OWN RISK.

   WE DO NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE COMPLETENESS, TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT OR COMMUNICATIONS POSTED VIA OUR SITES OR ENDORSE ANY OPINIONS EXPRESSED VIA OUR SITES. YOU UNDERSTAND THAT BY USING Pexgle SERVICES, YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, HARMFUL, INACCURATE OR OTHERWISE INAPPROPRIATE, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. UNDER NO CIRCUMSTANCES WILL Pexgle BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA Pexgle SERVICES OR BROADCAST ELSEWHERE.

   IN NO EVENT SHALL Pexgle, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM OR RELATED TO EITHER THIS POLICY, OR USE OF THE SITE OR Pexgle CONTENT. WITHOUT LIMITATION, YOU (AND NOT Pexgle) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE.

   IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

8. LOCAL REGULATIONS

   Pexgle makes no representation that Pexgle Content or other information on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.

   You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

9. DIGITAL MILLENIUM COPYRIGHT ACT

   If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further details):

   • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
   • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
   • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
   • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
   • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

   You can report alleged copyright infringement by sending us the notice of claimed infringement by email: support@pexgle.com, indicating all the necessary information specified herein.

   Please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.

   Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send us a counter-notice by email: noci@pexgle.com, indicating all the necessary information specified herein. To submit a counter-notice, you will need to provide us with the following information: Your physical or electronic signature; Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled:

   • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
   • Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

   To submit a counter-notice, please respond to our original email notification of the removal and include the required information in the body of your reply as we discard all attachments for security reasons.

   Upon receipt of a valid counter-notice, we will promptly forward a copy to the person who filed the original notice. If we do not receive notice within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed.

10. INDEMNITY

    You agree to indemnify and hold harmless Pexgle and its affiliates, their officers, directors, employees, agents, distributors from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto Pexgle’s servers, and/or from any and all use of your account.

11. SEVERABILITY

    If any provision of this Policy shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

12. NOTICES

    All notices, requests, claims, demands and other communications regarding this Policy are welcomed and should be addressed to: support@pexgle.com

Last updated: January 21, 2019.