PROVOKR Terms and Conditions

PROVOKR is a subscription service that provides our members with access to articles,
photographs, video, music and other audio-visual entertainment (“PROVOKR Content”) posted on
our website or otherwise accessible over the Internet to certain Internet-connected computers,

smart-televisions, smartphones, and other tablet or mobile devices.

These Terms and Conditions govern your use of our service. As used in these Terms and

Conditions, “PROVOKR Service,” “our service” or “the service” means the service provided by

PROVOKR for discovering, accessing, reading, viewing and watching PROVOKR Content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with PROVOKR (except for matters that may be taken to small claims court).

Please note that these Terms and Conditions include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms and Conditions through certain PROVOKR ready devices, you may need to visit www.PROVOKR.com/terms-and-conditions to review these hyperlinked terms.

1. Acceptance of Terms and Conditions
   1. These Terms and Conditions, which include our Privacy Policy( www.PROVOKR.com/privacy-policy ), End User License Agreement( www.PROVOKR.com/EULA ) (“EULA”), About Cookies and Internet Advertising( https://www.PROVOKR.com/privacy#cookies ), and, to the extent you use the socialfeatures, our Social Terms ( www.PROVOKR.com/SocialTerms ), govern your use of thePROVOKR Service. By using, visiting, or browsing the PROVOKR Service, you accept and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the PROVOKR Service.
   2. The PROVOKR Service is provided by PROVOKR, Incorporated, or one of its affiliated companies. PROVOKR Incorporated that is providing the service to you (referred to as “PROVOKR” in these Terms and Conditions) is with whom you are entering into this agreement.
   3. Changes to Terms and Conditions. PROVOKR may, from time to time, change these Terms and Conditions, including the Privacy Policy, EULA and Social Terms. Such revisions shall be effective immediately. 
2. Privacy. Personally identifying information is subject to our Privacy Policy ( www.PROVOKR.com/privacy-policy ), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. 
3. Communication Preferences. By using the PROVOKR Service, you consent to receiving electronic communications from PROVOKR relating to your account. These communicationsmay involve sending emails to your email address provided during registration, or posting communications on the PROVOKR Service, or in the “My Account” page and will include notices about your account (e.g., payment authorizations, change in password or payment method, confirmation e-mails and other transactional information) and are part of your relationship with PROVOKR. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You also consent to receiving certain other communications from us, such as newsletters about new PROVOKR features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply click on the link to “My Account” page on our website ( www.PROVOKR.com/MyAccount ) to unsubscribe or update billing details. Please review our Privacy Policy (www.PROVOKR.com/privacy-policy) for further detail on our marketing communications. 
4. Membership, Free Trials, Billing and Cancellation 
   1. Membership 
      1. Ongoing Membership. Your PROVOKR membership, which may start with a free trial, will continue month-to-month unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with your credit or debit card information or other such payment method (collectively referred to herein as your “Account) to use the PROVOKR Service. We will bill the monthly membership fee to your Account. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Account.
      2. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms and Conditions will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with PROVOKR by visiting our website and clicking on the “My Account” link.
      3. Free Trials Your PROVOKR membership may start with a free trial. The free trial period of your membership lasts for 30 days and allows you unlimited access to our site during that 30-day period, or as may otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. PROVOKR reserves the right, in its absolute discretion, to determine your free trial eligibility.
      4. We will begin billing your Account for monthly membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and start date of your free trial period, visit our website and click the link on to “My Account” page. We may authorize your payment source through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
      5. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE “MY ACCOUNT” LINK AT THE TOP OF ANY PROVOKR WEB PAGE (www.PROVOKR.com) TO OBTAIN PHONE NUMBER TO CALL TO CANCEL.We will continue to bill your Account on a monthly basis for your membership fee until you cancel. 
   2. Billing 
      1. Recurring Billing. By starting your PROVOKR membership and providing or designating a credit card, debit card, or other payment method, you authorize us to charge you a monthly membership fee at the then current rate and any other charges you may incur in conjunction with your use of the PROVOKR service to your payment source. 
      2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions, any price changes to your service will take effect following email notice to you subject to applicable law. 
      3. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Account each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Account has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Account on a day in the applicable month or such other day as we deem appropriate. For example, if you started your PROVOKR membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your would be billed on that date. Your renewal date may change due to changes in your Membership. We may authorize your Account in anticipation of membership or service-related charges. As used in these Terms and Conditions, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Account. Unless otherwise stated differently, month or monthly refers to your billing cycle. 
      4. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. 
      5. Accounts. You may edit your Account information by visiting our website and clicking on the “My Account” link, available at the top of the pages of the PROVOKR website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Account information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Account, as it may be updated. This may result in a change to your payment billing dates. For certain credit or debit cards, the issuer of your card may charge you a foreign transaction fee or other charges. Check with your Account service provider for details. 
      6. Cancellation. You may cancel your PROVOKR membership at any time, and you will continue to have access to the PROVOKR Service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR CONTENT THAT YOU HAVE NOT VIEWED. To cancel, go to the “My Account” page on our website to obtain the phone number to call to cancel. If you cancel your membership, your account will automatically close at the end of your current billing period. 
5. PROVOKR Service 
   1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the PROVOKR Service. 
   2. The PROVOKR Service, and any content viewed through our service, are for your personal and non-commercial use only. During your PROVOKR membership, we grant you a limited, non-exclusive, non-transferable, license to access the PROVOKR Service and view the PROVOKR Content for such purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances. 
   3. You may view PROVOKR Content through the PROVOKR Service primarily within the country in which you have established your account. The content that may be available to watch could vary by geographic location. PROVOKR will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY WATCH IS UNLIMITED. In the event that you are not a member and not on a free 30 day trial, you will be allowed view up to 5 articles free. However, each device you view our site on will count as one view. 
   4. We continually update the PROVOKR Service, including the content. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of PROVOKR Content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service. 
   5. You agree to use the PROVOKR Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree to tag PROVOKR.com as the source should you decide to share content. You agree not to modify, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms and Conditions) content and information contained on or obtained from or through the PROVOKR Service without express written permission from PROVOKR and its licensors. You agree to tag PROVOKR.com as the source should you decide to share content. You agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the PROVOKR Service; use any robot, spider, scraper or other automated means to access the PROVOKR Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the PROVOKR Service; insert any code or product or manipulate the content of the PROVOKR Service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the PROVOKR Service, including any software viruses or any other computer code, files or programs. 
   6. We may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the PROVOKR Service. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the PROVOKR Service or any service or feature made available on or through the PROVOKR Service, any materials which (i) restrict or inhibit any other user from using and enjoying the PROVOKR Service or the PROVOKR Service’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous or defamatory, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vi) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities. 
   7. Unless otherwise specifically indicated in these Terms and Conditions or on the PROVOKR Service, you agree that: (i) if you include a link from any other website or Internet service to the PROVOKR Service, such link shall open in a new browser window or tab and shall link to the full version of an HTML formatted page of this PROVOKR Service; (ii) you shall not link directly to any image hosted on the PROVOKR Service or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another PROVOKR Service; and (iii) you shall not download or use images hosted on the PROVOKR Service on another website or Internet service, for any purpose, including, without limitation, posting such images on another site You agree not to link from any other website or Internet service to the PROVOKR Service in any manner such that the PROVOKR Service, or any page of the PROVOKR Service, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the PROVOKR Service be discontinued, and to revoke your right to link to the PROVOKR Service from any other PROVOKR Service at any time upon written notice to you. 
   8. The availability of PROVOKR Content may change from time to time, and from country to country. The quality of the display of the streaming PROVOKR Content may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD Resolution content availability is subject to your Internet service and device capabilities. Not all video content is available in HD.  A download speed of at least 5.0 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. PROVOKR makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a movie or video will vary based on a number of factors, including your location, available bandwidth at the time, the movie or video you have selected and the device you view on. 
   9. PROVOKR video software is developed by, or for, PROVOKR and is designed to enable streaming of content from access to PROVOKR Content. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE  AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE PROVOKR AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the PROVOKR Service. If your device is sold, lost or stolen, please deactivate the device. If you fail to log out or deactivate your device, subsequent users may access the PROVOKR Service through your account and may be able to access certain of your account information. To deactivate a device, contact your service provider. 
   10. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms and Conditions or (ii) engaged in illegal or improper use of the service. 
6. Passwords & Account Access 
   1. The member who created the PROVOKR account and whose Account is charged is referred to here as the Account Member. The Account Member has access and control over the PROVOKR account. The Account Member’s control is exercised through use of the Account Member’s password and therefore to maintain exclusive control, the Account Member should not reveal the password to anyone. In addition, if the Account Member wishes to prohibit others from contacting PROVOKR Customer Service and potentially altering the Account Member’s control, the Account Member should not reveal the Account details (e.g., last four digits of their credit or debit card, or their email address) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. 
   2. In order to provide you with ease of access to your account and to help administer the PROVOKR Service, PROVOKR implements technology that enables you to use your Facebook log in information to log in to the PROVOKR service should you choose to do so using your Facebook log in details. As such you can gain direct access our website without requiring you to create a new password or adding your user name or other log in information.Disclaimers of Warranties and Limitations on Liability 
   3. THE PROVOKR SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE PROVOKR SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, PLAYABILITY,  ISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. 
   4. WE DO NOT WARRANT THAT THE PROVOKR SERVICE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE PROVOKR SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE PROVOKR SERVICE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. PROVOKR  SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, PROVOKR READY DEVICES, AND PROVOKR SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). 
   5. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE PROVOKR SERVICE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE PROVOKR SERVICE. IF YOU ARE DISSATISFIED WITH THE PROVOKR SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PROVOKR SERVICE. 
   6. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL PROVOKR, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. 
   7. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE PROVOKR SERVICE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE PROVOKR SERVICE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEES WHILE ACTING IN THEIR OFFICIAL  CAPACITIES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE PROVOKR SERVICE. 
   8. WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE PROVOKR SERVICE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED  QUESTIONS DOCUMENTS AND OTHERWISE ON THE PROVOKR SERVICE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE PROVOKR SERVICE ARE PROVIDED BY US “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT  SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER. 
   9. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE PROVOKR SERVICE OR THE CONTENT, FEATURES, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE PROVOKR SERVICE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 
   10. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE PROVOKR SERVICE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE PROVOKR SERVICE OR PURCHASE OF PRODUCTS VIA THE PROVOKR SERVICE. 
   11. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. 
   12. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. 
7. Gifts & Promotions. The purchase and redemption of gift cards are subject to the gift terms ( www.PROVOKR.com/GiftTerms ). From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by PROVOKR in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply. 
8. Intellectual Property 
   1. Ownership of PROVOKR Service. As between you and us, we own, solely and exclusively, all rights, title and interest in and to the PROVOKR Service, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, files, etc.), code, data and materials thereon, the look and feel, design and organization of the PROVOKR Service, and the compilation of the content, code, data and materials on the PROVOKR Service, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. 
   2. Your Use of the PROVOKR Service. Your use of the PROVOKR Service does not grant to you ownership of any content, code, data or materials you may access on or through the PROVOKR Service. 
   3. Copyright. The PROVOKR Service, including all content provided on the PROVOKR Service, is protected by copyright, trade secret or other intellectual property laws and treaties. 
   4. Trademarks. PROVOKR is a registered trademark of PROVOKR, Incorporated. Nothing contained on the PROVOKR Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the PROVOKR Service without our written permission or written permission from the third party that may own the applicable trademark. Your misuse of the trademarks displayed on the PROVOKR Service or on or through any of the PROVOKR Service’s services is strictly prohibited. 
   5. Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Connecticut, U.S.A. without regard to conflict of laws or provisions. 
9. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the PROVOKR Service. These Applications may import data related to your PROVOKR account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and PROVOKR is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY PROVOKR AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK. 
10. Use of Information Submitted. Any comments, information, ideas, concepts, creative work, demos, suggestions, methods, systems, design plans, reviews, techniques, stories, photographs, artwork, videos or any other material contained in any communication you may send to us, including responses to questionnaires or through postings to the PROVOKR Service, website and user interfaces (“Received Materials”), will be deemed not to be confidential or secret, and may be used by PROVOKR in any manner consistent with the PROVOKR’s Privacy Policy , worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the PROVOKR Service. In addition, you agree not to enforce any “moral rights” in and to the Received Materials, to the extent permitted by applicable law. 
    1. By submitting or sending Received Materials to us, you: (i) represent and warrant that the Received Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Received Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Received Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
11. Customer Service. To find more information about our service and its features, or if you need assistance with your account, please contact PROVOKR Customer Service at  (888) 226-0588 In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms and Conditions and information provided by Customer Services or other portions of our website, these Terms and Conditions will control. 
12. Survival. If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Last updated: 2012-02-20