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Prodigy Terms of Use


Your Acceptance

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the prodigy-network.com domain name, the "Prodigy Network Website", "Website" and "Sites"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Use") AND THE TERMS AND CONDITIONS OF PRODIGY NETWORK'S PRIVACY NOTICE, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Prodigy Network Websites.


The Prodigy Network Websites

These Terms of Use apply to all users of the Prodigy Network Website, including users who are also contributors of video content, information, and other materials or services on the Website. The Prodigy Network Website may contain links to third party websites that are not owned or controlled by Prodigy Network. Prodigy Network has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Prodigy Network will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Prodigy Network from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Prodigy Network Website and to read the terms and conditions and privacy policy of each other website that you visit.


Use of Content on the Site

You may view contents from the Site subject to the following conditions: (a) the content may be used solely for informational purposes; and (b) the content may not be modified or altered in any way. You may not download, copy, republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Prodigy Network without the express written consent of Prodigy Network. You may not use any meta tags or any other "hidden text" utilizing Prodigy Network’s name or trademarks without the express written consent of Prodigy Network. You may not use any Prodigy Network logo or other proprietary graphic or trademark as part of the link without express written permission.You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by Prodigy Network. Any statements contained within the Site concerning Prodigy Network’s clients are "forwarding looking statements" under the Federal Securities laws. There can be no assurance that future results will be achieved and actual results could differ materially from forecasts, estimates and summary information contained in the Site.


Website Access

Prodigy Network hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without prior written authorization from Prodigy Network Inc.; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with these Terms of Use. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and to keep your account password secure. You must notify Prodigy Network immediately of any breach of security or unauthorized use of your account. Although Prodigy Network will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Prodigy Network or others due to such unauthorized use.


Intellectual Property Rights

The content on the Prodigy Network Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Prodigy Network, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Prodigy Network reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Prodigy Network Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Prodigy Network Website or the Content therein.


User Submissions

The Prodigy Network Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Prodigy Network does not guarantee any confidentiality with respect to any submissions. You shall be solely responsible for your own User Submissions and the consequences of requesting Prodigy Network to post or publish them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Prodigy Network to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use. However, by submitting the User Submissions to Prodigy Network, you hereby grant Prodigy Network, a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Prodigy Network Website and Prodigy Network’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Prodigy Network Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Prodigy Network Website a non-exclusive license to access your User Submissions and Prodigy Network’s submissions stemming from your request through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use.

The foregoing license granted by you terminates once you or Prodigy Network removes or deletes a User Submission from the Prodigy Network Websites. In connection with User Submissions, you further agree that you will not: (i) submit or request submittal of material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Prodigy Network all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Prodigy Network or any third party; (iii) submit or request submittal material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Prodigy Network does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Prodigy Network expressly disclaims any and all liability in connection with User Submissions.

Prodigy Network does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Prodigy Network will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Prodigy Network reserves the right to remove Content and User Submissions without prior notice. Prodigy Network will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a User Submission removed from the Website more than once. Prodigy Network also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Prodigy Network may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. You understand that when using the Prodigy Network Website, you may exposed to User Submissions from a variety of sources, and that Prodigy Network is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.

You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Prodigy Network with respect thereto, and agree to indemnify and hold Prodigy Network, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. Prodigy Network permits you to link to materials on the Website for personal, non-commercial purposes only. Prodigy Network reserves the right to discontinue any aspect of the Prodigy Network Website at any time.


Copyright Information

The Site and the content within the Site, are the property of Prodigy Network or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of Prodigy Network. All copyrights, trademarks, service marks, images, photographs, digital photographs, digitally transmitted audiovisual works and logo's are the respective property of Prodigy Network unless noted otherwise on the Site. If you detect any issues with the legality of this site, please contact Prodigy Network immediately. Prodigy Network’s designated Copyright Agent to receive notifications of claimed infringement is: Jordan Piscopo: 2180 S. 300 W. Salt Lake City, UT 84115, email: copyright@prodigy-network.com


Trademark Information

Prodigy Network Incorporated, Prodigy Productions and other marks indicated on our site and all trivial alterations are registered trademarks protected by the United States. Other Prodigy Network marks, graphics, logos, page headers, button icons, scripts noted on the Site are the sole and exclusive property of Prodigy Network. Prodigy Network’s service marks, trademarks and trade dress may not be used without the expressed, written consent of Prodigy Network. All other trademarks not owned by Prodigy Network or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Prodigy Network.


Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE PRODIGY NETWORK WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, PRODIGY NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. PRODIGY NETWORK MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR 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 THE PRODIGY NETWORK WEBSITE. PRODIGY NETWORK DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRODIGY NETWORK WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PRODIGY NETWORK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


Limitation of Liability

IN NO EVENT SHALL PRODIGY NETWORK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE YOUTUBE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PRODIGY NETWORK SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Prodigy Network from its facilities in the United States of America. Prodigy Network makes no representations that the Prodigy Network Website is appropriate or available for use in other locations. Those who access or use the Prodigy Network Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.


Indemnity

You agree to defend, indemnify and hold harmless Prodigy Network, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Prodigy Network Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Prodigy Network Website.


Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.


Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Prodigy Network without restriction.


General

You agree that: (i) the Prodigy Network Website shall be deemed solely based in Utah; and (ii) the Prodigy Network Website shall be deemed a passive website that does not give rise to personal jurisdiction over Prodigy Network, either specific or general, in jurisdictions other than Utah. These Terms of Use shall be governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws principles. Any claim or dispute between you and Prodigy Network that arises in whole or in part from the Prodigy Network Website shall be decided exclusively by a court of competent jurisdiction located in Salt Lake County, Utah. These Terms of Use, together with the Privacy Notice and any other legal notices published by Prodigy Network on the Peodigy Network sites, shall constitute the entire agreement between you and Prodigy Network concerning the Prodigy Network Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Prodigy Network’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Prodigy Network reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Prodigy Network Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND PRODIGY NETWORK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PRODIGY NETWORK WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.