EULA

 

The End-User License Agreement (“EULA”) is entered into by the Developer and each End-User (“End-User”) upon downloading and using this Licensed Application.  

 

1.             Acknowledgement: The End-User acknowledges the Developer as applicable shall be known as the Developer for the purposes of this EULA.   The End-User acknowledges that the EULA is concluded between the Developer and the End-User only, and not with Apple, and the Developer, not Apple, is solely responsible for the Licensed Application and the content thereof. The EULA does not provide for usage rules for Licensed Applications that are in conflict with, the App Store Terms of Service as of the Effective Date.

 

2.             Scope of License: The license granted to the End-User for the Licensed Application must be limited to a non-transferable license to use the Licensed Application on any Apple- branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service.

 

3.             Maintenance and Support: The Developer is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. The Developer and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

 

4.             Warranty: The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. For Paid Licensed Applications, in the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that the End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Developer sole responsibility.

 

5.             Product Claims: The End-User acknowledges that the Developer, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The EULA may not limit the Developer liability to the End-User beyond what is permitted by applicable law.

 

6.             Intellectual Property Rights: The Developer and the End-User acknowledge that, in the event of any third party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

7.             Legal Compliance: The End-User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

 

8.             Developer Name and Address The Progress News is the Developer of the Application.  Our address 410 Main St., Emelenton, PA  and can be contacted at sales@myprogressnews.com.

 

9.             Third Party Terms of Agreement: The End-User agrees to and complies with the applicable Third Party Services Terms of Agreements.  Third-Party Applications interoperate with the Licensed Application to provide services in the Licensed Application.  Not all Third-Party Applications are required in the Licensed Application.  The Developer maintains service agreements with each of the Third-Party Application providers.  The Developer is in compliance with and agrees to the terms and conditions of use for each Third-Party Application and by extension, the End-User agrees to those terms and conditions.  The Third-Party Applications include but are not limited to Google® Maps, Facebook, Twitter, Flurry Analytics, Google Analytics and Amazon Web Service.    No purchase of third-party products or services is required to use the Licensed Application.  For further information about certain Third Party Applications and End-User privacy, refer to the Developers .

 

10.          Third Party Beneficiary: The Developer and the End-User acknowledges and agrees that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon End- User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.

 

 

Effective Date:  July 1, 2017

Privacy Policy

 

The Progress News (“Progress”) places a high value on your personal privacy.  Our Full Digital Platform includes several components, such as iOS (iPhone, iPad, etc.) applications, web-site and mobile web applications,Flurry Analytics, Google Analytics, DFP, AdMob, Facebook, and Twitter integrations.   This privacy policy applies to the Progress mobile website that is associated with the mobile apps.

Privacy Policies are often long and hard to decipher. As far as we’re concerned, there’s only one really important issue:  WE NEVER SELL YOUR PERSONAL INFORMATION TO ANYONE.

  • THE FULL DIGITAL PLATFORM which may include native applications, web-sites and mobile web-sites plus Flurry Analytics, Google Analytics, Facebook, Twitter and integrated advertising networks are NOT DIRECTED AT CHILDEREN UNDER 13 YEARS OF AGE.

  • WE DO NOT SELL ANY PERSONALLY IDENTIFIABLE INFORMATION TO ANY THIRD PARTY COMPANY.

  • If you are using the iOS platform, you already agree to the EULA and Privacy Policy from.  We just want to point it out you here in our privacy policy.

  • We use Google Maps API to provide mapping, turn by turn instructions when applicable to the app and use Google Places API to access to Google Places for all Best Of apps and  you agree to be bound by Google’s Terms of Service,  Maps Terms of Service and Privacy Policy

  • Optional Registration Form: If provided in the app, registration forms may require you to give us Personally Identifiable Information which may include name, e-mail address, address, and/or personal interest data. We do not collect this information unless you give it to us.  The information collected is provided ONLY to Progress and this information is delivered through an encrypted connection where the information is made available to Progress.

  • Optional Log-in form for Voting and Best Of:  If Voting and/or Best Of is included in the app, these modules require a Log-in form to fully utilize the service.   The log-in form consists of an email and password at a minimum.  We do not require double opt-in.   You can set up a log-in with the smartphone app, web-site and mobile web.  You can manage your log-in through the web-site and mobile web.

  • Optional Web Form for Report It Module: In order to have any user provided content be considered for publication in the app by Progress, the Web Form requires a name, GPS location and a description of your choosing plus an optional image and/or video.  Additional content may be requested and/or required in the web form.   All information submitted in a web form will be approved prior to publication by Progress.  Submitted content, photos, videos and information will be published only at the discretion of Progress.   Upon submission, you acknowledge that you own the rights to all content; text, images and videos submitted by you or that you adhere to the restrictions of rights from any third party source and have recognized the ownership of the third party source.   You shall provide Progress royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate the submitted content; text, images and videos unless prohibited by law. 

  • Optional forms:  Log-in, Registration & Web-Form/Report-It:  These forms are not intended for use by children under the age of thirteen (13). We will never knowingly collect information directly from children under the age of thirteen (13) without verifiable parental consent. If you are under the age of thirteen (13), please do not provide us with information of any kind whatsoever. We encourage parents and guardians to spend time with their children online and to be familiar with the websites they visit. If you have reason to believe that we may have accidentally received information from a child under the age of thirteen (13), please contact us immediately at Sales@myprogressnews.com.

  • Automatically Collected Information:   When you open the application, we use GPS technology to determine your current location in order to determine your location to display location maps, proximity to locations within the application and  deliver geo-location push notifications, if enable in the application and you have opted in for push notifications.   We will not share your current location with other users.  If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application. 

  • Third Party Information Collection: We use Flurry Analytics technology, a Yahoo service, and/or Google Analytics.  These services collects, uses, shares and stores aggregated data about the use of the application including the operating systems, device types, general location during use if location service enabled and usage of our application.

    • You can opt-out of Flurry Analytics tracking from Flurry by clicking here or by disabling analytics in Settings in the smartphone application.  The Yahoo Privacy Policy governs the Flurry Analytics technology and provides additional ways for you to control your preferences and settings.

    • Using your Google account, you control the information you share.  To make changes, visit Privacy Policy and  Activity Controls.  You can opt out of Google Analytics by disabling analytics in Settings in the smartphone application. 

  • Social Media and Sharing: Our mobile app do not use, display, share, or transfer of your personal Twitter or personal Facebook data, except to store your credentials so you don't have to log in to Twitter twice .  We do not use any other information attributed to your Facebook or Twitter account for any reason. We will never publish anything unless you give us permission.

    • Facebook:  Before you post on Facebook, the text description from your location share will post, you have the option to post the image provided by the app and you may write your own status update.  We will never contact your Facebook friends.  We encourage you to take control of how and what you share on Facebook by editing your privacy settings in your Facebook account.

    • Twitter:   Prior to publishing content to Twitter, you will be able see exactly what will post including content, location, added hashtags and other data.  Location is not your location but the location that you are tweeting.  

Tell us what you think at Sales@myprogressnews.com.

We reserve the right to change this policy at any time.

The Progress News ©2017                                                     Effective date:  July 1, 2017

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