Last modified: Thursday, 29 March 2018, 10:29 PM
Description of Services: Use of Services
Balgra provides services for users and members to create content such as quizzes, polls, surveys, Q&A, forum threads, flashcards, brain games, blogs, wiki pages as well as resources to study for popular exams such IT certification exams, SAT exam, GRE, GMAT and other exams (the “Services”). You can share this content with other users or members by linking to this content or by using our provided widgets & API for this purpose in specific sections. Additionally, members can comment on and view such content on the Balgra Website.
Your use of the Services is expressly limited to non-commercial, personal and private use only. Any use for commercial gain is expressly prohibited.
You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including without limitation: (a) equipment malfunctions (b) periodic maintenance procedures or repairs which Balgra may undertake from time to time or (c) causes beyond the reasonable control of Balgra or which are not reasonably foreseeable by Balgra.
By using our Service or the Balgra Website, you warrant and represent that:
(a) All quizzes, polls, games, surveys, training, content, questions, information, data, text, software, music, sound, photographs, images, video, quiz or polls or any other type of responses, messages or other materials that you upload to the Balgra Website (“Content) are your original works of authorship, and that, if you are uploading the image of any third party, you have obtained the right to use his or her likeness on the Balgra Website, and
(b) By using the Balgra Website and the Services, you may be exposed to Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, and you agree and consent to that exposure.
You are solely responsible for your interactions with other members on the Balgra Website. As such, you should not give out any personally identifiable information such as your last name, personal email addresses, username or password to Balgra.com or third-party websites/services, instant messenger addresses, personal URLs, telephone numbers and physical addresses to other members.
Additionally, you should not give out any financial information or transmit electronically or physically any money to other members.
You are solely responsible for your interactions with other members on the Balgra Website. As such, you should not give out any personally identifiable information such as your last name, personal email addresses, username or password to Balgra.com or third-party websites/services, instant messenger addresses, personal URLs, telephone numbers and physical addresses to other members. Additionally, you should not give out any financial information or transmit electronically or physically any money to other members. You acknowledge and agree that Balgra has no responsibility or obligations to you in the event that you choose to meet or interact with other users or members of the Balgra Website. Meeting strangers has inherent risks, and you solely assume all such risks if you choose to meet any third party with whom you are introduced on the Balgra Website.
You acknowledge and understand that Balgra does not (a) in any way screen or inquire into the backgrounds of our members or attempt to verify the statements of our members, or (b) make any representations or warranties as to the conduct of members with any current or future members.
You agree to provide us with the following personal information during registration:
• Email address
• User name
• Date of Birth
• Country of residence
• Zip Code and
• Credit card / Payment details if subscribing to paid services or making a purchase
You are responsible for maintaining the confidentiality of your email address and password that you designate during registration. You agree to immediately notify Balgra of any unauthorized use of your email address, screen name or password or any other security breach and you agree to exit from your account at the end of each session, especially if you are using public computers and networks. Additionally, you should be careful when inputting your email address and password in public settings, so others are not able to view this information. Balgra will not be liable for any damage or loss due to your failure to comply with this provision.
You retain all of your ownership rights in your Content submissions. However, by posting User Content to public areas of the Balgra Website, you warrant and represent that you have the right to grant to Balgra, and you hereby grant to Balgra, a non-exclusive, irrevocable, sublicensable, worldwide, perpetual, fully paid-up license to copy, reproduce, use, perform, display, adapt, modify, distribute, and create derivative works from such User Submissions. For the avoidance of doubt, this license shall permit Balgra to use User Submissions for our own marketing purposes, which may include publication and distribution of such User Submissions on third party websites other than the Balgra Website and on third party websites or other media distribution (television, movies, radio, print, outdoor, etc.) not owned or controlled by Balgra. You further represent and warrant that public posting and use of your User Submissions by Balgra will not infringe or violate the rights of any third party (see Copyright Dispute Policy). Additionally, your use of the Balgra Website and the Services, including but not limited to the User Submissions you post on the Balgra Website, will be in accordance with any and all applicable laws and regulations.
The Balgra Website is intended to serve a general audience. Some public portions of the site may not be suitable for children under eighteen (18) years of age.
Prohibited Items and Activities
You expressly agree that you are solely responsible for any and all acts and omissions that occur under your registration and you agree not to engage in any unacceptable uses of the Services, which include, without limitation, use of the Services to do any of the following:
• Interfere, disrupt or attempt to gain unauthorized access to other accounts on the Balgra Website or any other computer network.
• Use the Balgra Website or the Services in connection with any commercial endeavors.
• Post your personal information such as last name, email addresses, instant messaging addresses, personal URLs, physical addresses and phone numbers in any publicly viewable areas of the Balgra Website.
• Post or give out any financial information or transmit electronically or physically any money to other Members.
• Create user accounts by automated means or under fraudulent or false pretenses.
• Create or transmit unsolicited electronic communications such as spam to Members or promote any products or services.
• Submit or upload any type of material that is unlawful, harmful, hateful, threatening, abusive, harassing, defamatory, offensive, obscene,
pornographic, lewd, lascivious, or otherwise objectionable, as determined by Balgra.
• Submit or upload any content for which you do not own all applicable rights or that infringes the proprietary rights of other parties.
• Submit, engage in or upload any type of competitions or content that can cause physical or mental harm to the participants or visitors to the Balgra Website.
• Harass, threaten or intentionally embarrass or cause harm or distress to another person or group.
• Collect and publish any information about any of our Members.
• Adapt, modify or reverse engineer any portion of the Services or the Balgra Website.
• Use any spider, robot, retrieval application, or any other device to retrieve any portion of the Balgra Website.
• Reformat any of the pages that are part of the Balgra Website.
• Disseminate, store or transmit viruses, worms, trojan horses or other malicious code or program.
• Encourage conduct that would constitute a criminal or civil offense.
• Violate any applicable federal, state, local or international law or regulation.
• Exploit children under 18 years of age.
• Invade the privacy of any person, including but not limited to submitting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
• Solicit personal information from a child under 13 years of age.
• Cheat or manipulate votes by creating fake user profiles or other activities which compromise the integrity of the competition/entries and points awarded.
• Submit false or misleading information to proprofs.com, the Balgra Website or other members.
Right To Purge Content
Balgra reserves the right to purge Content from its databases created by any Member (including premium service members that pay subscription fee) at any time in our sole and absolute discretion without notice. You acknowledge and agree that you are solely responsible for backing up any Content uploaded to the Balgra Website or received through the use of the Services. Balgra shall not be liable for any purging, deletion, or failure to retain or record any such Content.
Balgra offers certain premium Services that you may subscribe to for an additional charge (the “Premium Services’). If you purchase a subscription to our Premium Services, you will be responsible for paying all fees, as well as any taxes. Balgra reserves the right to change such fees at any time and in its sole discretion, provided that any such change shall become effective at the end of the term of your subscription.
Subscriptions to our Premium Services are provided on continuous service basis. This means that Balgra will automatically renew your subscription at the end of its term unless the subscription is canceled using the tool in account page on the Balgra Website at any time prior to the end of the then-current subscription. You will be charged a renewal rate equal to the rate for the immediately preceding subscription period, based upon the subscription program (annual, quarterly, monthly, etc.) that you have chosen, unless Balgra has updated to a new rate. A cancellation of a subscription requested through account page will become effective on the date that your then-current subscription period expires.
If you have elected to pay the fees referred to in this section by credit card, you hereby warrant that the credit card information provided by you is correct, and you shall promptly notify Balgra of any changes to such credit card information. You acknowledge and agree that if the credit card payment cannot be processed for any reason, Balgra will automatically cancel your subscription and any data stored in the premium services will be deleted.
As part of our Services, Balgra may offer functionality which enables you to sell Content to other users or Members. You will be able to set your own prices for any such Content that you sell. You agree to pay Balgra a commission in the amount of Twenty Percent (20%) on all sales of Content that you complete through our Service platform. Customers of premium services paying a monthly or annual fee for those services may qualify for a lower rate. All such commissions will be due and payable immediately upon your completion of the sale.
Fair Use Policy
For the purpose of this agreement, ‘unlimited’ is defined as what the vast majority of users or customers will utilize in any given month. In order to prevent misuse of the Service beyond its intended and customary use (e.g. but not limited to, resale, large third party services or mass market use, sharing of accounts etc) and to ensure good service response time to all, usage with significant amount of video / content or more than 5000 users or those that otherwise create a significant system load, at Balgra’s sole discretion, may be charged an extra fee or service may be permanently terminated or temporarily blocked (as deemed suitable by the company in its sole discretion). You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, availability or functionality of the Services for other users. Balgra will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Balgra.
Balgra may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where Balgra may decide that we need to take immediate action without notice. Balgra has no obligation to retain your Content upon termination of the applicable Service.
Intellectual Property Rights
The Services are proprietary to Balgra, which owns or is the licensor of all the designs, text, content, code, databases, photos, and other content on the Balgra Website.
Third Party Data Storage and Services
Balgra retains the right to utilize third party services to provide data storage and services to Balgra and its users and members. Balgra shall use reasonable skill and due care in providing the Service, but neither Balgra nor any of its data storage and service providers guarantees the availability, accuracy, completeness, reliability, or timeliness of Service. Balgra makes no guarantee, express or implied, as to any actions taken by these third parties in relation to Balgra Services. By using the Services, you agree that Balgra is not responsible for any interruptions in service or misuse of the information by our third party data storage and services providers.
Third Party Websites and Advertising
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies,click here.
Copyright Dispute Policy
Balgra respects the intellectual property rights of others and expects our Members to do the same. Balgra will respond to claims of copyright infringement committed using the Balgra Website and the Services that are reported to the Balgra designated copyright agent, who may be contacted by filling the form on our Contact Us.
If you are a copyright owner or are authorized to act on behalf of a copyright owner, please report any alleged copyright infringement taking place on the Balgra Website by providing the following DMCA Notice of Alleged Infringement (the “Notice”). Upon receipt of a Notice as described below, Balgra will take such action as we, in our sole discretion, deem appropriate, including removal of the challenged use from the Balgra Website or cancellation or the registration for repeat offenders.
DMCA Notice of Alleged Infringement
Each Notice shall:
1. Identify the copyrighted work, by title and with sufficient detail so thatwe can locate the infringing material on the Balgra Website that you claim has been infringed and that access to which is to be disabled.
2. Include your full legal name, physical or electronic signature, mailing address, telephone number and email address.
3. Include both of the following statements in the body of the Notice:
o “I hereby state that I have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.”
o “I hereby state, under penalty of perjury, that the information provided is accurate, and that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
The Notice should be delivered to our Designated Copyright Agent at the address set forth above.
PO Box 373
Pine Valley, CA 91962
Personal Information We will Collect
We will collect the following personal information from you during registration:
• Email address
• User name
• Date of Birth
• Country of residence
• Zip Code and
• Credit card / Payment details if subscribing to paid services or making a purchase
Balgra may also collect non-personal information not associated with your identity in order to improve and customize the delivery of the Services, such as IP addresses and cookies.
In the event Balgra makes a material change in the way your personal information is collected, the use of your personal information, or our email policies, you will be notified either by email or through a notice posted on the Balgra Website.
Because your sensitive data is very important to both you and us, Balgra has implemented policies and procedures to protect your information. Balgra operates secure data networks that are password protected and are not publicly available. While Balgra will work hard to protect your information, Balgra cannot ensure or warrant the security of any of the information you submit to us or receive from us. Balgra reviews its security policies on a regular basis and will make changes as necessary.
Personal Information Others May Collect
If personal information is requested by another Member through a quiz, poll or flashcards, any personal information that you share is provided entirely at your own risk. Balgra makes no guarantee, express or implied, as to how this information may be used once it is shared between two Members, or that may be shared using any of the forms associated with any User Submission. By using the Services, you agree that Balgra is not responsible for any misuse of the information exchanged between two users or Members.
Use of Information
The personally identifiable information that you provide will be used by us to provide you with information about products and services available to you. Correspondence from Balgra may contain commercial messaging, such as advertisements and offers from proprofs.com and/or select partners. We may use action tags to learn more about your visits to the Balgra Website in order to provide emails about goods and services that may be of interest to you.
This information may be used by the Balgra Website to simplify the amount of information you will need to enter when using the features available on the Balgra Website. In the event there is a change or update to the Services, Balgra may use your information to contact you regarding such a change, update or description of related services. Your demographic data is used to show you content that may be of interest to you, and to help proprofs.com display the content of the Balgra Website according to your preferences. Also, Balgra uses your information to send you information about our company and select partners.
We may share aggregate information collected by Balgra with non-affiliated third parties. Aggregate information does not identify you, but rather is based upon a summary of information about all users. This aggregate information will help our advertisers better target advertisements and services that are more relevant to you.
Disclaimer of Warranties
PROPROFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES.
FURTHERMORE, PROPROFS DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR (A) THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR AVAILABILITY OR OPERABILITY OF INFORMATION OR MATERIALS DISPLAYED ON THE PROPROFS WEBSITE (B) THE CONDUCT OF ANY MEMBER OR ANY USER OF THE PROPROFS WEBSITE (C) THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL AND (D) ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH THE SERVICE OR THE PROPROFS WEBSITE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROPROFS MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, ACCURATE, RELIABLE OR WILL IN ANY WAY MEET YOUR REQUIREMENTS OR EXPECTATIONS.
PROPROFS MAKES NO REPRESENTATION OR WARRANTY THAT INFORMATION ON THE PROPROFS WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE PROPROFS WEBSITE FROM OUTSIDE THE UNITED STATES, YOU DO SO ON YOUR OWN INITIATIVE AND AT YOUR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.
Limitations of Liability
IN NO EVENT SHALL PROPROFS, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE OR DATA, OR COSTS OF COVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF PROPROFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES ARISING OUT OF:
(a) THE USE OR PERFORMANCE OF, THE DELAY IN PROVIDING, THE FAILURE TO PROVIDE, OR THE INABILITY TO USE, THE PROPROFS WEBSITE OR THE SERVICES, OR
(b) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES CONTAINED IN OR AVAILABLE THROUGH THE PROPROFS WEBSITE OR THE SERVICES.
YOU SPECIFICALLY AGREE THAT PROPROFS, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS SHALL NOT BE LIABLE FOR:
(1) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR NOT RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PROPROFS WEBSITE SITE OR THE SERVICES OR IN RELIANCE UPON ANY INFORMATION OBTAINED THROUGH THE USE OF THE PROPROFS WEBSITE OR THE SERVICES,
(2) ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF A THIRD PARTY’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, OR
(3) ANY CONTENT SENT USING, OR INCLUDED IN, THE PROPROFS WEBSITE OR THE SERVICES BY ANY THIRD PARTY.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROPROFS WEBSITE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE USING THE PROPROFS WEBSITE AND THE SERVICES.