PredictNGrab

Please read these Terms and Conditions ("Terms") carefully before accessing or using the website and software (together "Website") made available by Artur Santos ("PredictNGrab", "us", "we" or "our").

1. Acceptance of Terms

PredictNGrab operates the Website at www.pgrab.app a platform which allows you to setup and ultimately perform a magic trick. During the setup process you'll be requested (not obliged) and therefore able to upload, import, host, share and otherwise make available (together "Submit") certain information including text, graphics, photos, videos, or other material (together "Content").

These Terms serve to protect and safeguard your rights, the rights of other users, our rights and the rights of third-parties in the course of operating the Website.

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access and/or use the Website. If you do not agree to this Terms, you must immediately stop using any part of the Website.

2. License to Users

Subject to your compliance with these Terms, permission is granted to temporarily use one copy of the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

1. Modify or copy any part of Website;
2. Use the Website for any commercial purpose;
3. Attempt to decompile or reverse engineer any software contained on Website;
4. Transfer or mirror the Website contents (in whole or in part) to another person or onto any other server;
5. Send or store any data which, by its nature (e.g. viruses), size or reproduction (e.g. spamming), is intended to impair or endanger the existence or operation of our Website and/or data network;
6. Make attacks of any kind on the Website or data network, in particular, the use of computer programs to automatically read out data such as robots, spiders, etc. is prohibited;

This license shall automatically terminate if you violate any of these restrictions and your account may be terminated at any time.

Please note that television performance rights are not included with the purchase of PredictNGrab. If you wish to perform this effect on television please contact Artur (support@pgrab.app) and request permission.

3. Registration

You may only register your account if you are 18 years of age or if you act with the consent of your parents or guardian to register under these Terms.

When you create an account with us, you must provide us with the information and data requested by PredictNGrab that is accurate, complete, and current at all times.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without authorisation, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for safeguarding the password that you use to access the Website. You agree not to disclose your password to any third-party. We reserve the right to terminate your account upon becoming aware of any breach of security or unauthorised use of the account.

You're granted the right to delete your account at any time. Within this function, your profile data and Content will be deleted from our servers permanently.

4. Content

You are solely responsible and legally liable for any Content that you Submit onto our servers, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.

When you Submit any Content onto the Website, you grant us a worldwide, non-exclusive, permanently, irrevocable, royalty-free license to reproduce, adapt and modify (incl. translation), distribute, publicly perform, publicly display, broadcast, make available, store and archive and otherwise use such content (in whole or in part) on and through the Website.

You represent and warrant that:

1. The Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms;
2. We will not need to obtain licenses from any third-party or pay a compensation or royalties to any third-party with respect to the Content;
3. Your Content does not infringe any third-party rights (including in particular copyrights, neighbouring rights, intellectual property rights, name rights, right of personality, rights of privacy, data rights or other property rights);
4. Your content complies with these Terms and all applicable laws;

You may not Submit any Content that:

5. Infringes any third-party‚ copyrights or other intellectual property rights, contract rights or any other rights of any person;
6. Contains any pornographic, racist, defamatory, libellous or otherwise immoral, vulgar or obscene content;
7. Depicts unlawful or violent, hateful or threatening or otherwise inappropriate acts;
8. Offends, defames, harasses or otherwise damages PredictNGrab or any third-party;
9. Violates any law, statute, or regulation;

We reserve the right to remove any Content at any time if we believe it's defective, of poor quality, or in violation of these Terms.

5. Data Protection

Use of the Website is subject to our Privacy Policy.

6. Disclaimer

The contents of the Website are provided on an "as is" basis. We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

PredictNGrab does not warrant that any of the contents on its Website are accurate, complete or current. We shall be making regular updates to our platform to ensure its security and accuracy over time, however we cannot make any commitments to this.

Although We make reference to and/or access information provided by others, we are not affiliated, associated, authorised, endorsed by, or in any way officially connected to any third-parties. PredictNGrab has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that PredictNGrab shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

PredictNGrab expressly reserves the right to suspend the use of its Website at any time.

7. Limitations

In no event shall PredictNGrab or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Website, even if we or a PredictNGrab authorised representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

8. Indemnification

You agree to defend, indemnify and hold PredictNGrab harmless from and against any and all claims, damages, liabilities, losses or demands arising out of or in connection with:

1. Your use and access to the Website;
2. Your violation of these Terms;
3. Infringement of third-party rights (copyrights, trademark rights, personal rights, etc.) by you or your Content. The indemnity obligation includes the reasonable costs of legal defence, in particular lawyer's fees, necessary to defend against such claims.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of Portugal and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

10. Modifications

PredictNGrab may revise these Terms at any time without notice. By using the Website you agree to be bound by the current version of our Terms.

Last updated: August 30, 2018

The protection of your privacy when processing personal data is important to us. We only collect, process and use your personal data in compliance with the following principles and in observance of the applicable data protection legislation. The terminology used in this Privacy Policy have the same meanings as in our Terms and Conditions.

1. Data controller

This Privacy Policy applies to data processing by:

Artur Santos
support@pgrab.app
www.pgrab.app
(hereinafter "PredictNGrab", "us", "we" or "our")

2. Log data

When accessing or using our Website information is automatically sent by the browser used on your end device to our website servers hosted in Portugal by AlmourolTec — Serviços de Informática e Internet, LDA (Estrada Nacional Nº 3, 2250-028 Constância, Portugal). This information is stored temporarily in what is called a log file. The following information is collected during this process without any action on your part and stored until it automatically deleted in accordance with applicable data protection regulations:

1. Ip address of the requesting computer;
2. Date and time of access;
3. Name and URL of the requested file;
4. Browser used and, where applicable, your computer's operating system and the identity of your access provider;

The specified data are processed by us for the following purposes:

5. Analysis of system security and stability;
6. Administrative purposes;

The legal basis for the data processing is article 6 (1) (f) of the General Data Protection Regulation ("GDPR"). Our legitimate interest is based on the data collection purposes listed above. We do not use the data collected for the purpose of identifying you. The provision of this data is not required by law or contract or to enter into a contract. You are not obliged to provide the personal data. It is not, however, possible to access the website if the data are not provided.

We also use cookies when you visit our Website. More detailed explanations can be found below.

3. Data collection and use

In order to create a user account on our Website you have to specify an e-mail address, username, password and secret code. Once you have completed your registration, you can also (voluntarily) specify your first and last name along with your country and/or city of origin.

The Content uploaded by you may not contain any personal data of third-parties without their express consent. If you obtain consent from third-parties for this purpose, you are obliged to inform these persons about the scope of data processing by PredictNGrab and to provide them with all required data subject information.

Data is processed in accordance with article 6 (1) (a) of the GDPR on the basis of the consent voluntarily provided by you in order to increase the awareness and reach of our online platform and to interact with users.

4. Cookies and web storage

When you access to our Website we store information on your device in the form of cookies and by way of web storage (so-called super cookies). Cookies and super cookies are small files sent from an internet server to your browser and stored on your hard disk. Information is stored in the cookie or super cookie which is generated in each case in connection with the end device specifically used. This does not, however, mean that we as a result receive any direct knowledge of your identity.

We use session cookies for example to detect if you are logged in on our Website. These are automatically deleted when you leave and/or clear your browser's cache.

We also use cookies and super cookies to statistically record the use of our Website and to analyse this for the purpose of optimising our interface.

The data processed via cookies and super cookies are required for the specified purposes in order to safeguard our legitimate interests and those of third-parties in accordance with article 6 (1) (f) of the GDPR.

Naturally you can access to and use our Website without accepting cookies and super cookies. You can block the use of cookies and super cookies by changing the settings in your browser to cookies. Your use of some areas of our Website may, however, be restricted and/or limited if you block the usage of cookies and super cookies.

5. Disclosure of data

With the exception of the service providers who act on our behalf to provide our Website (e.g. see 2. above), we do not generally disclosure your personal data to third-parties. Exceptions only apply in the following cases if:

1. You have given your express consent to this in accordance with article 6 (1) (a) of the GDPR;
2. Disclosure in accordance with article 6 (1) (f) of the GDPR is necessary for the purposes of pursuing our legitimate interests or the legitimate interests of third-party and there is no reason to assume that you have any overriding interest in your data not being disclosed which is worthy of protection;
3. Disclosure in accordance with article 6 (1) (c) of the GDPR as required by law, and this is permitted by law and required by article 6 (1) (b) of the GDPR for the performance of contractual relationships with you;

6. Security

We value your trust in providing us your personal information, thus we are striving to use commercially acceptable means of protecting it.

We use the widespread SSL process (Secure Socket Layer) to handle the requests along with an advanced encryption system (128-bit) to hash all the sensitive information (e.g. passwords) passed and stored on our servers.

We have also taken technical and organisational security measures to protect your personal data against loss, destruction, manipulation and unauthorised access. All our staff members and any service providers who work for us are obliged to comply with all applicable data protection legislation.

All security measures are subject to a continuous improvement process and our privacy policies are constantly revised.

7. Rights of data subjects

You have the right:

1. In accordance with article 15 of the GDPR to obtain information about the personal data processed by us;
2. In accordance with article 16 of the GDPR DSGVO to obtain without undue delay the rectification or completion of your personal data stored by us;
3. In accordance with article 17 of the GDPR to obtain the erasure of the personal data stored by us, unless the processing is necessary for exercising the right of freedom of expression or information, for compliance with a legal obligation, for reasons of public interest or for the establishment exercise or defence of legal claims. If we have made your personal data public, we are obliged, taking account of available technology and the technical possibilities, to inform controllers which are processing the personal data that the you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data;
4. In accordance with article 18 of the GDPR to obtain the restriction of the processing of your personal data if you contest the accuracy of the personal data, the processing is unlawful, but you oppose their erasure and we no longer require the data, but you require these for the establishment, exercise or defence of legal claims or you have objected to their processing in accordance with article 21 of the GDPR;
5. In accordance with article 20 of the GDPR to receive your personal data in a structure, commonly used and machine-readable format or have such transmitted to another controller;
6. In accordance with article 7 (3) of the GDPR to withdraw your consent given to us at any time. This means that we may no longer continue the data processing based on this consent in future, and in accordance with article 77 of the GDPR to complain to a supervisory authority. You can usually contact the supervisory authority at your normal place of residence or your workplace or where we are headquartered for this.
7. If your personal data are processed on the basis of legitimate interests in accordance with article 6 (1) (f) of the GDPR, you have the right in accordance with article 21 GDPR to object to the processing of your personal data if grounds for this relating to your particular situation exist or the objection is to direct marketing. In the latter case you have a general right to object, which is implemented by us without any particular situation being specified. Sending an appropriate e-mail to support@pgrab.app is sufficient if you wish to exercise your right to withdraw consent or your right to object.

8. Modifications

We may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately after they are posted on this page.

Last updated: August 30, 2018