These are the general terms and conditions governing your use of this website and our services. By accessing, using or signing up for this website, our newsletters, or any other services and features, you are concluding a legally binding agreement based on these terms with thepragmatic.ninja, drlongnecker.com, and other affiliated web sites.
3. Contact Information
4. Website's Intended Audience
This Website is directed towards adults. The Website provides a promotional platform for users, advertisers, brands and partners. The use of this Website is not intended for any person under the age of 18 years.
5. Member Registration
You have to be a registered user ("Member") to use the Website. Only Members can access certain services offered by the Website. If you are not registered with us, please visit http://drlongnecker.com/user/login to register. Unauthorized access of the services is prohibited.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form.
If you provide information that is untrue, inaccurate, not current or incomplete, or We has reasonable grounds to suspect that you have provided such information, We may (in addition to any other rights or remedies available to us), suspend or terminate your membership and refuse any and all current or future use of the Website and the services (or any portion thereof). Users must immediately notify Us of any known or suspected unauthorized use of a Member's account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Member's password. Members should be cautious about sharing their account information with third parties. Each Member is responsible for the confidentiality of her/his personal information, including use of the account by any third party, whether or not such use is authorized by the Member.
If you register yourself with our Website, you are responsible for maintaining the confidentiality of your Member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your Member identification and password.
When you sign up/register on this Website, your personal information will be registered automatically in our database which will be maintained by Us and may be used for sending marketing and promotional emails, newsletters etc, if subscribed to.
In case of change in personal information, you may write to Us at the contact information provided above.
6. Control of Personal Information
As a Member, We may allow you to have certain control over your privacy settings. However, be aware that if you choose to post on the Website, all posts are visible to everyone on the Website. Thus, any personal information you post will be accessible to all Members and all visitors of the Website. You should also be aware that any information that is made public on the Website will be searchable by other search engines. Additionally, even if that content is later removed from this Website, it may still be stored in other computers of people who visited the Website, and removal of that information from this Website will not remove it from those other computers. Therefore, we caution you to be very careful and exercise good judgment and discretion about posting personal information to the Website.
If you believe that your content is being displayed in a manner that you did not authorize, you can notify us of the potential error by using the "Contact Us" button on any page of the Website and we will look into the issue promptly.
7. Member Submissions
We have no obligation to review content added to the Website and We assume no responsibility for the deletion of any content on the Website. You acknowledge that by using the Website, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. We assume no obligation or responsibility for confirming the accuracy, completeness or usefulness of any content, nor do We endorse such content. We do not verify the identity of people using our Website. You use the Website and the content at your own risk.
You agree that you will not upload, email, transmit, or otherwise make available any content that:
- is threatening, defamatory, abusive, obscene, pornographic, or any material that would give rise to any civil or criminal liability under applicable law;
- could infringe any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity;
- containing slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
- contains an email address, telephone number, street address, last name, or any that identifies a user other than yourself;
- that constitutes spam (sending the same message multiple times or to multiple people will be treated as spam);
- that is commercial in nature; and
- is, or could be construed as, illegal or construed as being a part of an illegal activity.
By submitting content to the Website, you hereby expressly permit The Pragmatic Ninjas and any third party permitted by The Pragmatic Ninjas, to identify you as the contributor of such content in any publication in any form, media or technology now known orlater developed in connection with the content.
8. Use of Content
The Pragmatic Ninjas grants you a nonexclusive, nontransferable, revocable, limited license to view the Content retrieved from the Website only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Website in any other manner or for any purpose without the prior written permission of The Pragmatic Ninjas. All rights not expressly granted in this Terms of Service are expressly reserved to The Pragmatic Ninjas.
The Pragmatic Ninjas may at any time modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you.
9. Member-Submitted Content and Rights to It
Any material, information, or data you transmit to The Pragmatic Ninjas or post to the Website (each a "Submission" or collectively "Submissions") will be considered non confidential and non proprietary. The Pragmatic Ninjas does not want to receive any confidential or proprietary information from you via this Website. In respect of all Submissions you make:
- (i) you guarantee that you have the legal right to post/ distribute the Submission and that you are not in violation of any law or the rights of any person or entity, and
- (ii) you grant to The Pragmatic Ninjas a royalty-free, irrevocable, perpetual and worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
While The Pragmatic Ninjas strives to keep the Content that it posts on the Website accurate, complete, and up-to-date, The Pragmatic Ninjas cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by The Pragmatic Ninjas, its suppliers, or by Members of the Website. Any opinions, advice, statements or other information expressed or made available by Members or third parties, are those of the respective Member or other third party and not of The Pragmatic Ninjas. The Pragmatic Ninjas does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.
The Pragmatic Ninjas recommends that all Members must use their discretion while relying or acting upon any information, advice, suggestion or tip provided on the Website, either by The Pragmatic Ninjas itself or any other user of the Website. The Pragmatic Ninjas does not have any obligation to prescreen, edit, or remove any Content provided by Members that is available through the Website.
Notwithstanding the foregoing, The Pragmatic Ninjas will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
The Pragmatic Ninjas makes no claims to ownership of content that you submit, post, distribute or otherwise make available to or through the Website and you continue to retain all ownership rights in such content and the right to use your content as you determine. However, you do grant to The Pragmatic Ninjas and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:
- with respect to content you submit, post or otherwise make available to public areas of the Website (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such content (in whole or part) worldwide via the Website or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
- with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Website, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.
10. Contact with Third Party
Your dealings with advertisers or other third parties found on or accessible through the Website are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions any terms, conditions, warranties, or representations associated with such dealings. The links provided to third party websites are solely as a convenience to users and should not be construed as an endorsement by The Pragmatic Ninjas of content, items, or services on those third-party websites. You access and use such websites, including the content, items or services on those websites, solely at your own risk.
The Pragmatic Ninjas does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that The Pragmatic Ninjas will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Website.
11. Intellectual Property Rights
This Website is licensed by The Pragmatic Ninjas. All right to, title to, and interest in the Content available on/ via the Website, the Website's look and feel, the designs, trademarks, service marks, and trade names displayed on the Website, and the Website URLs, are the property of The Pragmatic Ninjas or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
The Website and the Content are protected by United States copyright laws (United States Copyright Act of 1976), and belong to The Pragmatic Ninjas or its partners, affiliates or contributors. The copyrights in the Content are owned by The Pragmatic Ninjas or other copyright owners who have authorized their use on the Website. You may not manipulate or alter the images or other Content on the Website in any way.
All trademarks, service marks, logos and designs used on this Website, whether registered or unregistered, are owned by The Pragmatic Ninjas or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by The Pragmatic Ninjas or its affiliates without our prior written consent.
The Website is provided on an "as is" and "as available" basis. The Pragmatic Ninjas expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Pragmatic Ninjas does not make any warranty that the Website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. The Pragmatic Ninjas makes no warranties as to the results that may be obtained from the use of the Website or as to the accuracy, quality, or reliability of any information obtained through the Website.
14. Limitation of Liability
The Pragmatic Ninjas and its affiliates assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Content available via the Website. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such content. You specifically acknowledge that The Pragmatic Ninjas is not liable for any defamatory, offensive or illegal conduct of the Members or third parties.
Additionally, in no event will The Pragmatic Ninjas or its affiliates be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use the Website; (2) the cost of procurement of substitute services, items, or Website; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on the Website; or (5) any other matter relating to the Website. These limitations will apply whether or not The Pragmatic Ninjas has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
17. Applicable Law
1. Collection and Use of Personal Information
Given below are some examples of the type of personal information that The Pragmatic Ninjas may collect and how we may use it. You are advised to read the same.
What personal information we collect:
When you submit information upon registration, we may collect a variety of information, including your name, password, mailing address, phone number, email address and contact preferences, including any other usage and interaction details with The Pragmatic Ninjas, or a The Pragmatic Ninjas affiliated company. You may be required to update your information from time to time for which you shall be sent notifications.
How we use your personal information:
- The personal information we collect allows us to keep you posted on The Pragmatic Ninjas's latest product announcements, softwareupdates and upcoming events, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages. It also helps us to improve our services, content and advertising. If you do not want to be on our mailing list, you can opt out at anytime by updating your preferences on the Website.
- We also use personal information to help us develop, deliver, and improve our products, services, content, and advertising and to personalize and improve your experience.
- From time to time, we may use your personal information to send important notices, such as communications and changes to our terms, conditions and policies. Since, this information is important to your interaction with The Pragmatic Ninjas, you cannot opt out of receiving these communications.
- We may also use personal information for internal purposes such as auditing, data analysis and research to improve The Pragmatic Ninjas's products, services and customer communications.
- To register for an account with us to build an application.
2. Collection and Use of Non-Personal Information
We also collect non-personal information (data in a form that does not permit direct association with any specific individual). We may collect, use, transfer and disclose non-personal information for any purpose.
Given below are some examples of non-personal information that we collect and how we may use it:
- We may collect information such as industry, language, pin code, area code, unique device identifier, location and the time zone, where a The Pragmatic Ninjas product is used so that we can better understand customer behavior and improve our products, services and advertising.
- We also may collect information regarding customer activities on our Website and from our other products and services.
In the event we combine any non-personal information along with any personal information, the combined information will be treated as personal information for as long as it remains combined.
3. Cookies and Other Technologies
The Pragmatic Ninjas's Website, online services, email messages and advertisements may use "cookies" and other technologies such as pixel tags. These technologies help us better understand user behavior, tells us which parts of our Website users have visited and facilitates and measures the effectiveness of advertisements and web searches. A cookie is a small piece of information that a website can send to your browser which may then be stored on your computer's hard drive. It acts as an anonymous tag that identifies your computer, but not you personally. Cookies have the ability to store information about web pages viewed and the advertisements viewed or clicked. For registered customers, cookies can also save user information and screen preferences. We treat information collected by cookies and other technologies as non-personal information.
However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by law, we also treat these identifiers as personal information.
If you want to disable cookies you can modify your settings on your browser in order to reject automatic acceptance of cookie. Please check with your provider to find out how to disable cookies. Please note that certain features of the Website may not be available once cookies are disabled.
We gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, internet service provider (ISP), referring and exit pages, operating system, date/time stamp and click-stream data. We use this information to understand and analyze trends, to administer the Website, to learn about user behavior on the Website and to gather demographic information about our user base as a whole. The Pragmatic Ninjas and its affiliates may use this information in marketing and advertising services as well.
Pixel tags, also known as a clear GIF or web beacon, are invisible tags placed on certain pages of our website but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies, the pixel tag will simply detect an anonymous website visit. Pixel tags enables The Pragmatic Ninjas to send email messages in such a format that customer can read and they tell us whether the email has been opened by the customer. We may use this information to reduce or eliminate messages sent to customers.
4. Disclosure to Third Parties
At times The Pragmatic Ninjas may make certain personal information available to strategic partners that work with The Pragmatic Ninjas to provide products and services, or that help The Pragmatic Ninjas market to customers, such as a credit card processing company to bill you for services or an email service provider to send out emails on our behalf. Personal information will only be shared by The Pragmatic Ninjas to provide or improve our products, services and advertising, however, it will not be shared with third parties for their marketing purposes. You shall be contacted for a confirmation on any of your personal information being shared with a third party and if you wish not to share any such information with the third party, The Pragmatic Ninjas shall respect such request.
5. Information Sharing
Notwithstanding anything contained to the contrary, your information may be shared by The Pragmatic Ninjas:
- (i) with its legal counsel/s or upon a law enforcement agency's request or in response to a legal process (for instance, in response to a court order or a subpoena);
- (ii) during investigations, for prevention of any illegal activities or suspected fraud;
- (iii) situations involving potential threats to the physical safety of any person;
- (iv) violations of any of the terms of the Policy and to verify or enforce compliance with the policies governing the Website or its Applications and applicable laws or as otherwise required or permitted by law or as consistent with the legal requirements of United States of America;
- (v) to operate its systems properly including sharing with The Pragmatic Ninjas's affiliates; or
- (vi) to protect other Website users; or
- (vii) with third party subcontractors solely for the purpose of or in connection with the services, who are contractually bound to protect your information from unauthorized use or transfer.
Additionally, in the event of reorganization, bankruptcy, merger, or sale of company assets, financing, or acquisition of all or a portion of our business to another company, we may transfer any and all personal information we collect to the relevant third party. You will have the opportunity to opt out of any such transfer if the new entity's planned processing of your information differs materially from that set forth in this.
The security of your personal information is important to us. The Pragmatic Ninjas takes precautions, including administrative, technical and physical measures, to safeguard your personal information against loss, theft and misuse, as well as against unauthorized access, disclosure, alteration and destruction. When you enter sensitive information (such as credit card numbers) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL).
This Website has various electronic, procedural and physical security measures in place to protect the loss, misuse and alteration of information, or any accidental loss, destruction or damage to data. When you submit your information via the Website, your information is protected through The Pragmatic Ninjas's security systems. There may be instances where The Pragmatic Ninjas requires proof of identity before disclosing any of your information to you. You agree to be responsible to protect the security of your username and password and other registration details, if any.
The Pragmatic Ninjas may create links to other websites. You are requested to be aware that The Pragmatic Ninjas does not provide any personally identifiable information to such other websites and that it is not responsible for the privacy practices of third parties. You agree that The Pragmatic Ninjas cannot control these links and The Pragmatic Ninjas shall not be responsible for any use of such websites. If you have any questions about the security at the Website, you may contact us. Please be aware, however, that despite our efforts, no security measures are impenetrable.
7. Integrity and Retention of Data
9. Contact for any Questions
The Website provides the user the opportunity to stop receiving communications from The Pragmatic Ninjas. In order to do this, you need to send an e-mail to [email protected]