Prediction Log Terms of Service

1.       Your Acceptance

Welcome to the Terms of Service for the Prediction Log application andPredictionLog.com website. This is an agreement (“Agreement”) between Leapfrog With Unicorns, LLC  (“PredictionLog"), the owner and operator of www.PredictionLog.com ( “Site”), any PredictionLog services including our mobile application (“Service(s)”) and you (“you”, “your” or “user(s)”), a user of the Site and Service.  
 
Throughout this Agreement, the words “PredictionLog,”  “us,”  “we,” and “our,” refer to our company, Leapfrog With Unicorns, LLC, and our Site or any Services, as is appropriate in the context of the use of the words.    

By clicking “I agree”, registering for our Site, or using our Site or any Services you agree to be bound by this Agreement and the Privacy Policy.  We may amend our Terms of Service or Privacy Policy and may notify you when we do so.

If you do not agree to the Terms of Service or the Privacy Policy please cease using our Site and Service immediately.  Users of our Service must be 13 years of age or older.

 

2.       Signing Up for the PredictionLog Service

Users may be required to register before accessing the Site or Service.  We may also allow users to sign up through Facebook or other third party social networks.  Your information will be disclosed in accordance to our Privacy Policy.  

3.       Modification of Service

We reserve the right to alter, modify, update, or remove our Service at any time.  We may conduct such modifications to our Service for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications.  For example, we may provide updates to fix security flaws, or respond to legal demands.  Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.

4.       Use of PredictionLog

When using our Service, you are responsible for your use of PredictionLog, and for any use of PredictionLog made using your account. You agree not to access, copy, or otherwise use PredictionLog, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by PredictionLog. You agree to abide by the following:

·               You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;

·               You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;

·               You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

·               You will not collect or harvest any personally identifiable information, including account names, from the Service;

·               You agree not to libel, defame, stalk, harass, bully or harm another individual who uses our Site or Service;

·                You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;

·               You agree that you will not hold PredictionLog responsible for your use of our Site;

·               You agree not to violate any requirements, procedures, policies or regulations of networks connected to PredictionLog;

·               You agree not to interfere with or disrupt the Site or Service;

·               You agree not to hack, spam or phish us or other users;

·               You agree to provide truthful and accurate content;

·               You agree to not violate any law or regulation and you solely  are responsible for such violations;

·               You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;

·               You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a thirty party’s website, such as by requesting its removal from a search engine; or

·               You will not upload any content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.

If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended.  Generally, we will provide an explanation for any suspension or termination of your use of any of our Services, but PredictionLog reserves the right to suspend or terminate any account at any time without notice or explanation.

5.       Our License Grant to You

After registering for our Site or mobile application, we grant you a personal, non-exclusive, revocable, limited license to use our Service, access our Site or mobile application. As a user, you do not receive any ownership interest in any portion of our Site or any of the associated Services, you merely receive the aforementioned license listed above. If you wish to terminate this license please notify us immediately.

Please be aware that you are responsible for your use of our Service.  Additionally, you agree to abide by the following licensing restrictions listed below:

  • You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Service or any portion of it.
  • You may not share your license with any other parties.
  • You may not violate or infringe other people's intellectual property, privacy, or other rights while using our Site or Service.
  • You may not violate any laws, rules or procedures of the United States.
  • You may not attempt to transmit any malicious or unsolicited code through our Site or Service.
  • You may not violate any of our additional policies.
  • You may not use our Site or Service except through specific channels provided by us.
  • You may not use the Site or Service on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
  • You may not attempt to interfere with or disrupt our Software in any way.
  • You may not sell, lease, loan, distribute, transfer, or sublicense the Service or access to it or derive income from the use or provision of the Service unless enabled through the functionality of our Site 

Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Service at our discretion.  Additionally, we may revoke or restrict your access to our Service if we believe that your actions may harm us or any of our users.  Failure by us to revoke your license does not act as a waiver of your conduct.

6.       Your Content

Your ability to submit or transmit any information through the Site and Service, including but not limited to text, photos, images or any other information will be referred to as “User Content” throughout this Agreement. All User Content you submit to the Site or Service will be owned by you.  Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content or may delete your User Content at any time. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted.  You understand that we cannot guarantee the absolute safety and security of any such User Content and may at our discretion remove, modify, or delete any User Content owned by you that is stored on our Software or Service.

When submitting any User Content to our Site and Service you represent and warrant that you own all rights to the User Content, have paid for or otherwise have permission to use any User Content submitted.

When you submit any Content to us, you grant PredictionLog, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your User Content or anything we may make with your User Content through PredictionLog or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with your User Content, and to use your User Content to advertise and promote PredictionLog. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Service. 

7.       Site and Service Availability

Although we will try to provide continuous Site and Service availability to you, we do not guarantee that the Site or any Services will always be available, work, or be accessible at any particular time.  Only users who are eligible to use our Site or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that anything found on our Site or Service will work as advertised, or that it will give you the desired results. 

8.       Service Disclaimer

Please be aware that our Service and any information found within it are offered “as-is.”  PredictionLog does not endorse and may not verify any of its users or any User Content submitted by users found through the PredictionLog Site or Service.  You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect.  We cannot guarantee that using our Service or Site will result in any benefits or positive results for you.   You agree to release us from any liability that we may have to in relation to your use of our Site and Service.  By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from PredictionLog with respect to such actions or omissions.

9.       Payment

After using our Site, you may wish to purchase products through us, in order to do so you will be required to submit your payment information including your credit card information.  Please carefully read any details regarding purchasing as there may be additional terms and conditions.  YOU EXPRESSLY AGREE THAT WE MAY CHARGE YOU THE AMOUNT LISTED AT THE PREDICTIONLOG CHECKOUT SCREEN.  Please be aware that your payment information will be shared with our third party payment processors who will also secure and store that information.

10.   Refunds

At PredictionLog we want you to be satisfied.  However, we cannot offer refunds at this time. If for any reason you feel that you are entitled to a refund please contact us at info@predictionlog.com. 

11.   Shipping

Orders generally take about 1-2 business days to process and ship.  You may be provided shipping details through the checkout screen on our Site or through your account.  All shipping times are variable and delays may occur.  After a reasonable waiting period if you have not received your order or if your order is damaged, please contact us immediately at info@PredictionLog.com. All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. You agree that we may charge you any sales or nexus taxes as applicable when receiving any of our products.

 

12.   Intellectual Property

The design of the PredictionLog Service along with PredictionLog created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to PredictionLog, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. PredictionLog reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission.

13.   Representations and Warranties

THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PREDICTIONLOG , INC., NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) ANY USER CONTENT; (C) OUR CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PREDICTIONLOG OR VIA THE SERVICE. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

PREDICTIONLOG DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. PREDICTIONLOG DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. PREDICTIONLOG DOES NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PREDICTIONLOG SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THIS AGREEMENT. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. PREDICTIONLOG DOES NOT ENDORSE ANY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT FOUND ON OR THROUGH PREDICTIONLOG.

14.   Limitation of Liability

IN NO EVENT SHALL PREDICTIONLOG,  ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE  WEBSITE OR OUR SERVICES OR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL , (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY ERRORS OR OMISSIONS IN OUR SITE  OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE  OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT 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

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law.  Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

 

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES.  FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE.  YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.  PREDICTIONLOG IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. YOUR ABILITY TO USE OUR SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT.  WHERE ALLOWED, YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 USD.

15.   Indemnity

You agree to defend, indemnify and hold harmless PredictionLog, its 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:

·         your use of and access to the PredictionLog Site and Service;

·         your violation of any term of these Terms of Service;

·         your violation of any third party right, including without limitation any copyright, property, or privacy right; or

·         any claim that you have improperly used a third parties’ information.

This defense and indemnification obligation will survive this Agreement and your use of the PredictionLog Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases.  You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements.  In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

16.   Age Compliance

PredictionLog and its Services may only be used by persons 13 years and older.  If you are under 13 please stop using our Site and App and please do not submit any information to us.

17.   Choice of Law

This Agreement shall be governed by the laws in force in the state of Georgia, USA.  The offer and acceptance of this contract is deemed to have occurred in the state of Georgia, USA.

18.   Forum Selection

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court or tribunal of competent jurisdiction in or nearest to Fulton County, Georgia.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

19.   Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

20.   Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement or any other agreement you may have with PredictionLog are deemed to conflict with each other’s operation, PredictionLog shall have the sole right to elect which provision remains in force. 

21.   Non-Waiver

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law.  Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

22.   Termination of Your Service

If we determine that any of your actions may harm PredictionLog, we may terminate or suspend your account, or our Service without notice, though we will strive to provide a timely explanation in most cases.   Please be aware that if we terminate service, you must cease using our Site. 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.  You agree that we are not required to provide you with access to our Site and Service and may terminate our Site and Service at any time and for any reason.

23.   Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.  We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

24.   Amendments

We may amend this Agreement from time to time.  When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you.  You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.

25.   Electronic Communications

The communications between you and PredictionLog use electronic means, whether you visit the Site or Service or send PredictionLog e-mails, or whether PredictionLog posts notices on the Site or Service or communications with you via e-mail.  For contractual purposes, you (1) consent to receive communications from PredictionLog in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that PredictionLog provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.  The foregoing does not affect your statutory rights.

26.   Export Controls

The Service and the underlying information and technology may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.

27.   California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about PredictionLog must be sent to our agent for notice to:  info@PredictionLog.com

Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

 

Last Updated: June 19, 2014