Effective Date: January 25, 2021
These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use") are entered into by and between you and Professionally Ridiculous LLC, a Washington limited liability company (the “Company,” “we,” “our,” and their derivatives). These Terms of Use govern your use of our websites, including ridiculous.pro, ridiculous.cloud, chronologist.app and their subdomains (collectively, the “Websites"), the apps we publish and distribute, including Chronologist (collectively, the “Apps”, and each, a “App"), and the other online services we may provide (collectively, with the Websites and the Apps, the “Services").
THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. BY USING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN OUR PRIVACY POLICY (AVAILABLE AT https://ridiculous.pro/privacy (THE “PRIVACY POLICY") THAT IS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR DO NOT CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN THE PRIVACY POLICY, DO NOT USE ANY OF THE SERVICES.
Our Services are not designed for Children, and we do not intentionally or knowingly collect, use, store, disclose, or otherwise process any Personal Information from Children. A “Child” is a person under 18 years old. If you are a parent or guardian of a Child who has submitted Personal Information, please contact us by emailing us at privacy@ridiculous.pro.
All personal information we collect on the Websites, through the Services, and through the Apps is subject to our Privacy Policy. Please let us know if you have any questions about our practices concerning the collection and processing of your personal information.
You must provide current and accurate information that may be required as part of the registration process and/or continued use of the Apps. You are responsible for maintaining the confidentiality of your password and account information for the Apps.
You must promptly notify us of any breach of security related to the Apps, including, without limitation, the unauthorized use of your password or account. To help ensure the security of your password or account, please sign out from your account at the end of each session.
You may purchase a subscription to the Pro version of the App that enables cloud backup and multi-device sync for the App during the term of the subscription (the “Subscription").
The Subscription will begin when we receive your initial payment. You will be charged, in one lump sum, the rate stated at the time of purchase, plus applicable taxes if the rate does not include them. You may receive a notification that the Subscription is up for renewal from Apple, Google, or us.
If you are not satisfied with the Subscription, please contact Apple or Google. Apple or Google may issue a refund in its sole discretion.
Unless otherwise stated, Subscription payments are payable in U.S. Dollars. You agree to pay all such payments incurred by you or anyone else using your account, and you hereby authorize us, or Apple or Google, to collect such fees using the credit card or other payment method you provide. If your credit card or other payment method fails, we may suspend your Subscription and access to the Pro version of the App.
All aspects of the Services, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, and/or underlying the Services, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
©2021 Professionally Ridiculous LLC, Professionally Ridiculous™, Chronologist™, Chronologist Pro™, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company, and the Company reserves all rights. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
These Terms of Use permit you to use the Services and view and use the content contained in the Services for your personal, non-commercial use only. Additionally, your use of the Apps may be subject to an end-user license agreement or other written terms ("EULA"). In the event of any conflict or inconsistency between the terms of any EULA and these Terms of Use, such EULA will control. As to each App, the license contemplated by this paragraph gives you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the App for your personal, non-commercial use. For clarity, the foregoing license with respect to each App is only granted to those persons that have purchased from or otherwise been given access to the particular App by us or one of our third party distributors, subject to any applicable EULA and other applicable obligations. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material included in the Services. You must not access or use for any commercial purposes any part of the Services or materials available through them. No right, title, or interest in or to the Services or any content thereof is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
You may elect to informally provide us with Feedback from time to time. You agree that the Company will own, and you hereby assign to the Company your intellectual property rights in and to, any and all Feedback and that the Company will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided to it, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback or ideas you provide to the Company regarding the Services, including the Apps, or any suggested improvements.
“User Content” means any content that a user of the Apps submits, transfers, or otherwise provides to or makes available through the Apps, including all creative expressions such as text, photographs, graphics, images, illustrations, animations, logos, music, software, audio, video, and works of authorship of any kind.
When you submit, transfer, or otherwise make available User Content to us through the Apps, you grant us and our affiliates and service providers a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display, perform, distribute, transmit, modify, adapt, and create derivative works of such User Content. The foregoing license is for the limited purposes of allowing us to operate the Services, improve the Services, and develop new Services. The Company will not compensate you with respect to the use of any User Content.
You understand and acknowledge that you are solely responsible for your User Content, and you, not the Company, has full responsibility for such User Content, including its legality, reliability, accuracy, and appropriateness. You represent and warrant that:
a) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms of Use; and
b) neither your User Content, nor your use and provision of your User Content to be made available through the Apps, nor any use of your User Content by the Company on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services, even upon termination, discontinuation, or cancellation of your access to the Apps. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services in any way that violates applicable laws, to exploit or harm anyone, to send advertising or promotional material, or to impersonate or attempt to impersonate the Company or anyone else. Additionally, you agree not to:
a) use the Services to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws;
b) use the Services to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights;
c) disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Services or interfere with anyone else’s use of the Services;
d) engage in any other conduct that affects anyone else’s use or enjoyment of the Services or that, as determined by us, may harm the Company;
e) remove any copyright, trademark, or other proprietary rights notices contained in or on the Services;
f) use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
g) modify, adapt, translate, or reverse engineer any portion of the Services, or use any manual process to monitor or copy any of the material on the Services for any other unauthorized purpose;
h) use any device, software, or routine that interferes with the proper working of the Services;
i) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
j) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, including any server on which the Services are stored, or any server, computer, or database connected to the Services;
k) attack the Services via a denial-of-service attack or a distributed denial-of-service attack;
l) otherwise attempt to interfere with the proper working of the Services; and
m) encourage or enable any other person to do any of the foregoing.
Although the Company is not obligated to monitor access to or use of the Services, we have the right to do so for the purpose of operating and updating the Services, to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable, or suspend your or any user’s access to any of the Services, at any time and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using the Services to be objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Services including, consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
We do not warrant the accuracy, completeness, or usefulness of any information made available through the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of the contents of the Services.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If the Websites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
We reserve the right to withdraw or amend the Websites in our sole discretion without notice. The Websites and their content are not necessarily always complete or up-to-date, and we are under no obligation to update them. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon termination of the Services, Sections 6, 8-11, and 14-22 will survive such termination.
Upon termination, all the information and content contained within the App may be deleted permanently, and you will not be entitled to any refund of any of the amounts you have paid for the Pro version of the App, except as provided in Section 5. We accept no liability for information or content that is deleted due to an invalid payment.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING THE APPS AND OTHER SOFTWARE) INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY THE COMPANY ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THE INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING THE APPS AND SOFTWARE) OF THE SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE OR (B) THE USE OF OR INABILITY TO USE THE SERVICES OR THEIR CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE OR (B) THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1,000.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services.
All matters relating to the Services and these Terms of Use and any related dispute or claim will be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services must be instituted exclusively in the federal and state courts located in King County, Washington, USA. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver by the Company of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
These Terms of Use and our Privacy Policy are the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. If you continue to use our Services, following the posting of revised Terms of Use, you are signifying that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes.
If you have any questions about the Services or these Terms of Use, please contact us at support@ridiculous.pro.
If you are a law enforcement agency, please email us at lea-request@ridiculous.pro with your comments or concerns with the subject line “Law Enforcement Request.”