Terms and Conditions

Effective August 9, 2011

LICENCE TERMS AND CONDITIONS – APPLICABLE WORLDWIDE EXCEPT WHERE WE PUBLISH SPECIFIC TERRITORIAL TERMS AND CONDITIONS

These terms and conditions (“Terms”) set out important information regarding the rights, obligations and the restrictions that may apply to you as a user (“User”) when you use or download the Progression digital application (also sometimes referred to under the name of Progression Player) (“Application”) and any services offered in conjunction with the Progression digital application (“Services”) as they are made available on iOS digital media devices (“Devices”), and networks, such as those of mobile operators, internet service providers (“Networks”). The Application is a digital application that facilitates the use of Services, which generally consist of a central video player that allows Users to download and view Progression video content, and other related services such as recommendation of similar videos, outlining most popular videos etc. and, in some cases, access to related third party websites (“Third Party Sites”) that can be used in conjunction with the Application and/ or Services (for example social networking sites). The Application and the associated Services, where not specifically provided otherwise, are supplied by Progression Sports Limited (“we”, “us” and “our” as appropriate). We are a limited company incorporated in England and Wales. Our registered office is at: 11 Jew Street, Brighton, United Kingdom (registered number: 4793827). You can also contact us by phone: +44 (0) 1273 729978 and email: support@progression.me. VAT number: 833 7616 17.These Terms may be accessed via the Application directly from your Device or on our Website at http://www.progression.me/player/tc

Any translations of these Terms are provided as a courtesy to you and the definitive text of these Terms is the English (UK) version.

If you wish to use our Application and/ or the Services (collectively referred to as “Progression Player”) you must agree to be bound by these Terms, as set out below, and all and any applicable laws regarding your use of Progression player. You must also pay any charges for the Services which may be applicable.

IF ANY OF THESE TERMS ARE UNACCEPTABLE TO YOU OR IN THE EVENT THAT ANY FUTURE CHANGES TO THESE TERMS ARE UNACCEPTABLE TO YOU, DO NOT USE PROGRESSION PLAYER. YOUR CONTINUED USE OF PROGRESSION (INCLUDING, BUT NOT LIMITED TO, THE DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES AND/ OR USE OF THE SERVICES) NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE TERMS, WILL BE DEEMED ACCEPTANCE BY YOU OF THESE TERMS AND ANY SUCH CHANGES, OR MODIFICATIONS. YOU AGREE TO USE PROGRESSION PLAYER ONLY FOR PURPOSES THAT ARE LEGAL, PROPER AND IN ACCORDANCE WITH THESE TERMS AND ANY LOCAL BINDING POLICIES OR GUIDELINES.IMPORTANT: BY DOING ANY OF THE FOLLOWING ACTS YOU AGREE TO BE BOUND BY THESE TERMS:

‚Ä¢ EXPRESSLY ACCEPTING THESE TERMS OF USE AT ANY TIME, FOR EXAMPLE UPON CLICKING “DOWNLOAD”, ‚ÄúPURCHASE‚Äù, “PROCEED” OR ANY OTHER CLEARLY INDICATED EQUIVALENT ACTIVATION PHRASE ON YOUR DEVICE; OR‚Ä¢ DOWNLOADING THE APPLICATION OR AN UPGRADE TO THE APPLICATION OFFERED FROM TIME TO TIME; OR‚Ä¢ USING PROGRESSION PLAYER ON YOUR DEVICE.

Please note:1) In the event that you are or become a paying customer of any part of the Application and/ or Services, you are bound to Apple App Store terms of sale.  Progression are not liable for any refunds, security or any other issues of payment relating to any Application related purchases.  Please see Apple T&C for more information http://www.apple.com/legal/itunes/us/terms.html#GIFTS2) Each time you attempt to interact with Progression Player, such as when you download a new video for example, you will send data for which your Networks will charge at your usual data rates.  3) Unless otherwise specifically provided by us, our licence to you under these Terms is personal to you and allows you to access and use the Application and the Services on up to 5 Devices only. The licence will be attached to your personal Progression profile and apple iTunes account, and not a single device. An associated device becomes inactive after 6 months from first software installation, allowing for alternative devices to be added.  If you reach your device limit but want to change one of your nominated devices then you can contact Progression Sports LTD to request a device be de-activated.

USAGE POLICYEven where there is no limit imposed in the Application on the number of video download that can be made, you nevertheless, agree to use the Services fairly. This service is meant for non-commercial use only and it is a breach of our usage policy if you send excessive video download requests that lead to an over-allocation of system resources.Where Users can delete videos from their device to free up storage space and re-download them at a later date, it is assumed that a reasonable number of requests are made to do so.

If you breach the usage policy, we may cease to provide our Service to you without further notice. In that event we may, but are not obliged to, inform you by an email message or other suitable means, free of charge, that you have breached the usage policy.

You agree to provide true, accurate, current and complete information about yourself any time you are prompted by Progression to fill a registration form (for example your name, email address, and certain demographic information) and to maintain the accuracy of this information (such information being the “Membership Data”) throughout the period you use Progression Player. If you do not, or we have reasonable grounds to suspect that you have not, we have the right to suspend and/ or terminate your account and refuse any and all current or future use of Progression Player. Membership Data and certain other information about you are subject to our Privacy Policy

Progression Player is available for your personal use only and you may not use Progression Player for any commercial purposes. We may restrict or terminate your access to Progression, at any time, without notice, if you are in breach of these Terms.

We may change, suspend or discontinue any aspect of Progression Player at any time, including the availability of any feature, database and/ or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without liability. Such changes will be notified with reasonable notice, where they are material and where practicable, and you will have the opportunity to terminate the service should you not accept the new Terms. Where these changes or suspensions would amount to a complete termination of the Services you may be entitled to a refund of the reasonable part of any charges paid by you.

Continued use of the Application and/ or Services may require a download of new releases of software with different functionality and that may have different licence terms.You agree not to misuse Progression Player and, in particular, you agree that you will not: (i) post or distribute any offensive, obscene or otherwise inappropriate material which may cause offence to others on grounds of race, religion, ethnicity or sex; (ii) post or distribute any material that is unlawful or which threatens or encourages illegal activities or which harms the rights of others; (iii) post or distribute material which is not your own; (iv) post or distribute any material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party; (v) post or distribute any unsolicited advertising material, ‘junk mail’, ‘spam’, ‘chain letters’, or ‘pyramid schemes’; (vi) defame, harass or stalk others or encourage such behaviour; (vii) harm, or attempt to harm, minors in any way; (viii) impersonate any person or entity or create a false or misleading identity; (ix) access, or attempt to access, the accounts of others; (x) breach, or attempt to breach, our security measures, or penetrate or attempt to penetrate our computer software, hardware, electronic communication system, or telecommunications systems; (xi) collect, attempt to collect, or use other members’ personal information; (xii) engage in any activity which adversely affects the ability of other people or systems to use the Progression Player or the internet generally; (xiii) cause any nuisance or cause the operation of Progression to be jeopardised or impaired; (xiv) post or distribute any material that contains any form of software virus or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xv) modify, adapt, translate, or reverse engineer any portion of Progression Player or its contents, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website and/or Application, save only to the extent permitted by applicable law; or (xvi) use the Progression Player for any improper, unlawful or immoral purpose.

THIRD PARTY SERVICES

Progression Player may enable you to use functionalities of Third Party services or Third Party Sites that are not owned or controlled by us. Content, products and services that are part of any Third Party Sites to which we may connect (including but not limited to, social networking sites, sites on which you can view content and from which you can make purchases) are subject to the terms and conditions of the relevant website. We have no control over and are not responsible or liable for any matters relating to your dealings with such third parties.

We are not responsible for and have no control over any third-party content, syndicated content, applications, services, advertisements, links, privacy policies and/ or practices of any such third-parties that may be found through Progression Player. In addition, we will not and cannot censor or edit the content of any Third Party Sites. By using the Services, you acknowledge that we do not to incur any liability arising from your use of any Third Party Sites. Accordingly, we encourage you to be aware when you leave Progression Player and to read the terms and conditions and privacy policy of each and every other Third Party Site and/ or other resources that you visit. Any correspondence, business dealings with, syndication, linking or participation in promotions of Third Party Sites, including payment or delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between you and any third parties, or as the result of the presence of such third-party content accessed via Progression or as a result of the failure of such Third Party Sites to function as intended.

AVAILABILITY OF SERVICES

We will do our best to offer you a smooth service, but we give no guarantees that Progression Player will be fault free or that the Services will be uninterrupted. If a fault does occur, please report it to support@progression.me and we will attempt to correct the fault as soon as we reasonably can.

We will occasionally restrict your access to the Website or to the Services to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.

New Services are subject to a period of testing. This means that a new Service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.

Application services, in particular video download speeds, may be impacted by Networks services including those of mobile operators and internet service providers.  There are options made available to download a lower quality video version that can help to minimise service disruption arising from these issues.  No additional payment is required to download different quality versions of each video, and a User can store both high and low quality versions on their device if so desired.

LEGAL PROTECTION AND LIMITATIONS

You acknowledge that Progression Player (and any other applications) licensed by us to you are our property. You are granted a limited, revocable, non-exclusive, non-transferable (without the right to sublicense) licence to use Progression Player. You agree not to disassemble, de-compile, reverse engineer, or otherwise attempt to gain access to the source code of the Application or Services. You will not copy any part of Progression Player or make commercial use of, rent, lease, loan, sell, publish, license, sublicense, distribute, assign or otherwise transfer any part of Progression Player to any person.  This includes but is not exclusive to schools, instructors and coaches who may want to use Progression Player in their lessons or tutorials. Any evidence to suggest that Progression Player is being used in this way, without our consent, will result in termination of the service.

You will not alter, destroy, obscure, or otherwise remove any copyright or proprietary notices or labels on or embedded within any part of Progression Player.

Any content provided by us as part of Progression Player, including but not limited to videos, and rider and location information, contains copyrighted material, trademarks and other proprietary rights belonging to us. All right, title and interest in and to such content vests in us. You are granted a limited, revocable, non-exclusive licence to display that content as part of the Services solely for your personal use. Except as expressly authorized by us, you may not copy, modify, translate, reproduce, distribute, publish, broadcast, perform, display, sell, assign, lease or sub-license that content, in whole or in part.

YOUR USE OF PROGRESSION PLAYER IS AT YOUR SOLE RISK. KITESURFING IS A DANGEROUS SPORT WITH THE POSSIBILITY OF INJURY OR DEATH TO YOURSELF OR OTHERS. ALWAYS FOLLOW MANUFACTURER INSTRUCTIONS AND THE DIRECTIONS OF A CERTIFIED INSTRUCTOR. THE INFORMATION IN THIS APPLICATION IS PROVIDED AS A GUIDELINE ONLY.  IT IS YOUR RESPONSIBILITY TO MAKE DECISIONS IN ACCORDANCE WITH YOUR EQUIPMENT, THE CONDITIONS AND YOUR ABILITY LEVEL. PROGRESSION HOLD NO LIABILITY OR RESPONSIBILITY FOR ANY ACCIDENTS OR INJURIES ARISING FROM ACTIVITIES IN ASSOCIATION WITH THE APPLICATION OR SERVICES.

Under no circumstances will we be liable to you for loss of profits, business interruptions, loss of business information, loss of business, opportunity or other pecuniary loss, arising out of or in connection with use of, or inability to use Progression Player which we license to you, any content delivered to you or Progression Player, whether or not we have been advised of the possibility of such damages or loss. You hereby indemnify and upon our request, defend, us, from and against any and all losses, liabilities, damages, costs or expenses arising out of any claim, action, or proceeding brought by a third party based on a breach of any warranty, representation, covenant or obligation by you under these Terms. You will reimburse us on demand for any actual payments made in resolution of any liability or claim that is subject to indemnification under this Section, provided that we attempt to obtain your written consent prior to making such payments, such consent not to be unreasonably withheld, delayed or conditioned. We shall promptly notify you of any such claim, and you shall assume control of the defence of such claim upon our request. We shall have the right, at your expense, to participate in the defence thereof under your direction.Nothing in these Terms affects any mandatory statutory rights that you may have as consumer, except to the extent permitted by law.

GENERAL

You may at any time unsubscribe or cancel your Progression Player profile account via the cancellation method notified to you at sign up. Please note, however, that Progression can not make any refunds, except in exceptional circumstances involving material breach on our part, and you will remain liable for payment of any part of the Progression Player Services that you have already used or previously committed to. All payments are made through Apple App Store and any requests for refunds should be made directly to Apple only.

We may at any time terminate your account or prevent you from gaining access to Progression Player. If we terminate your account, we may immediately delete all the files and information on your profile and prevent you accessing your profile. We will use reasonable efforts to give you notice of termination or suspension of access to Progression Player, but this may not always be possible.

We reserve the right to deliver advertising to you in conjunction with your use of Progression Player and utilise the processor bandwidth and storage hardware on your Device for this purpose.

“Progression” and ” Progression Player” are trademarks and registered trademarks of Progression Sports Limited.

We may amend these Terms at any time by posting the amended terms on our Website and/ or by amending the Terms as they are accessed from the Application on your Device. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version the Terms will be included at the top of the Terms page. If you continue to use the Application and/ or Services or you download any content or upgrade any of the Services after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may terminate the Services.

If you have any queries regarding us, the Website, Application and/ or Services, please contact us by email on support@progression.me. Alternatively, you can phone on +44 (0) 729998  or contact us by post at Fat Sand, Progression Sports, 11 Jew Street, Brighton East Sussex, UK.

We welcome your feedback on what we are currently doing (both positive and negative). If you want to send us your feedback please do so through http://getsatisfaction.com/progression_sports  Any feedback you provide to us can be used by us on an unrestricted basis and treated by us as non-confidential.

If you openly provide ideas in relation to our Application or associated Services you agree that: (i) your submissions and their contents will automatically become our property, without any compensation to you, you will not assert against us any rights or ownership and you will not claim any reward (financial or otherwise) in respect of any such submissions; (ii) we may use or redistribute the submissions and their contents for any purpose and in any way; (iii) there is no obligation for us to review any material that you submit to us; and (iv) there is no obligation to keep any such material confidential.

PRIVACY POLICYWe may collect, use and/ or maintain records of your personal information such as your name, address, phone number, level and/ or other unique personal identifier, as the case may be, to provide and facilitate use of Progression Player. We may collect also information about your general Application usage, including through the use of cookies and other such devices, to monitor frequency of use and specific usage within any part of Progression Player. The personal information we collect may also be used for the following purposes: to facilitate recommendations and new video commissions, for statistical purposes, to improve our services, create new features, fix bugs, more accurately meet your preferences, for troubleshooting problems and technical or security issues, for detecting and protecting against error, fraud or other criminal activity, to enforce these Terms and to keep you informed about our products and services.  We do not hold any payment information as all purchases are made through Apple.

We may also maintain and use records of such information to send you updates and news about Progression Player or Progression. If you do not want to receive updates, the Progression Player Newsletter or other notifications from us, please let us know by indicating your preference when you register for Progression Player, by updating your preferences on your Progression personal profile on www.progression.com/player  or by emailing us at support@progression.me. Alternatively, you can opt-out of receiving further communications from us by following the “unsubscribe” instructions located near the bottom of the Progression Player Newsletter, or by using the response mechanism in our communications with you.

We will separately seek your consent to send you direct information or advertising about third party products or services that may interest you and will include unsubscribe information therein.In addition, if you have any questions regarding privacy, please contact us by email at support@progression.me.

You may at any time update your profile, or change your username and password.Your registration details must be truthful and accurate and you agree to keep them up to date. Any email addresses or phone number you provide to us must be a valid email address and valid phone number.

Once you have a username and password, you will be responsible for all activities occurring under your username and for keeping your password secure. You agree to notify us immediately if you are aware of any loss, theft, or unauthorised use of your user name or password.

We may prompt you to change your username or deactivate your account, temporarily or permanently, if we believe that in using the name you are attempting to impersonate another person, or that it infringes or may infringe a trademark, breaches any law, is vulgar, offensive or is otherwise inappropriate.

Your personal information will be stored and processed on secure servers in the United Kingdom area. Due to the global nature of the internet, your personal information may be transferred to countries outside this Area whose legal systems do not offer the same protection for your data as the laws of the United Kingdom and by using Progression Player you agree to such transfer. Where you opt to receive communications from Progression Player, we may transfer your personal information to third parties for storage and processing outside the UK Area. We will in any event take all steps reasonably necessary to ensure that your personal information is stored and processed securely and in accordance with this Privacy Policy and all applicable laws.

Except as expressly provided herein, absent your prior consent, we do not permit unrelated third parties to perform “reverse searches” whereby they could identify users from email addresses. In addition, the following describes some of the ways that your personal information may be disclosed in the normal scope of business to provide you with Progression Player:‚Ä¢ Advertisers. We may aggregate personal information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes. In these situations, we would only disclose information that could be used to identify you personally with your explicit consent.‚Ä¢ Internal Service Providers. We may use third parties that we refer to as internal service providers to facilitate or outsource one or more aspects of our business, products and services that we provide to you and, therefore, we may provide some of your personal information directly to these internal service providers (e.g. video hosting). In some instances, the internal service provider may collect information directly from you. In these cases, you will be notified of the involvement of the internal service provider. If you provide additional information to an internal service provider directly, then their use of your personally identifiable information is governed by their applicable privacy policy.‚Ä¢ Analytics Providers. We may use third parties that we refer to as analytics providers to analyze and track aggregated anonymous statistical information about your general Application and internet usage.

We cannot ensure that all of your private communications and other personal information will never be disclosed through no fault of ours, not otherwise provided for in this Privacy Policy. By way of example, without limiting the foregoing, we may be forced to disclose personal information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access your transmissions or communications. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. However, we shall use reasonable commercial and legal efforts to protect our Users’ information and to maintain the privacy and anonymity of members and Users.

In the event that we are acquired by or merged with a third party entity, or sell all or substantially all of our assets, we reserve the right, in any of these circumstances, to transfer or assign the information and content we have received and collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred or used.