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- The Sites (including the software and files), the computers hosting the Sites, and content provided on the Sites, including the text, music and sound, graphics, images, photographs, audio and video, footage, animations, podcasts, analyses, studies, reports, and downloads (all such content collectively, the “Content”) are the exclusive property of Provider or are licensed to Provider, and are protected by law, including United States copyright, database, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this Agreement, Provider does not grant any express or implied rights to you. The Content for http://www.ploomephilly.com is © 2012, Ploome, Inc. All rights reserved.; and the Content for http://www.req1.org is © 2012, REQ.1. All rights reserved. Provider also owns copyright rights in the Sites as collective work(s) and/or compilation(s), and in any and all databases accessible on or through the Sites. Unless otherwise noted, PLOOME, the Peacock Design, REQ.1, and other brands featured on the Sites constitute the Provider’s trade/service marks. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or Provider’s ownership of, such copyrights, trademarks or any other Provider intellectual property, or assist any third party in doing so. The Sites may also include the product, service and company names, as well as logos, of third parties. Such third-party designations are the trade/service marks of their respective owners, and may not be used without the prior written permission of their respective owners.
- Grant of License. Provider grants to you a personal, revocable, nonexclusive, nontransferable license to use the Sites conditioned on your continued compliance with this Agreement. Limited portions of the Content available in the public areas of the Sites may be accessed, printed and downloaded on an occasional basis for personal, informational, non-commercial purposes; provided that all hard copies contain all copyright and other applicable proprietary rights notices included in such content and information and/or appropriate attribution to Provider in a form and manner acceptable to Provider. Except for such limited personal informational purposes, you agree not to copy or disseminate any of the Content (in whole or in part), and you may not use Content in any manner that suggests the endorsement or association of any third-party entity, person, product or service by Provider, unless, in each case, express written permission has been given by Provider in advance. You may not under any circumstances copy, print, download or distribute in any medium all or substantially all of the Content. Unless and except as otherwise expressly permitted by this Agreement, you may not access, copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, or otherwise use any information or material obtained from or through the Sites, without written permission from Provider. You may not remove any copyright notices or other notices of intellectual property rights from the Sites or any content available on or through the Sites. Any unauthorized use of the Sites or the Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
- Permission Requests. For information on obtaining permission to use any Content beyond the uses permitted by Paragraph 2 above, please contact: for Contact related to Ploome: email@example.com; and for Content related to REQ.1: firstname.lastname@example.org
- Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although Provider has endeavored to create secure and reliable Sites, the confidentiality of any communication or material transmitted to/from the Sites over the Internet cannot be guaranteed. Accordingly, Provider is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Sites, or for the consequences of any reliance on such information. Provider shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Sites.
- Enforcing Security. Actual or attempted unauthorized use of the Sites may result in criminal and/or civil prosecution. For your protection, Provider reserves the right to view, monitor, and record activity on the Sites without notice or further permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Sites. Provider will also comply with all court orders involving requests for such information.
- Links to Other Sites. Provider may describe, reference, or provide links, in its sole discretion, to other information or products or sites on the World Wide Web for your convenience in locating related information and services. Any descriptions of, references to, or links to other products, publications or services does not imply endorsements of any kind, unless expressly stated by Provider. Any such information, products or sites have not necessarily been reviewed by Provider and are provided or maintained by third parties over which Provider exercises no control. In addition, to the extent that they were reviewed by Provider, Provider undertakes no responsibility for continually monitoring such sites; the material at a site when Provider viewed it may differ materially than when you do. Accordingly, Provider expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites.You may not create a link from your web site or any other Internet location to the Sites without prior written permission of Provider. As noted above, deep linking to internal pages of the Sites is expressly prohibited.
- Events Beyond Provider’s Control. You expressly absolve and release Provider, their respective affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond their control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
- DISCLAIMERS. PROVIDER PROVIDES THE SITES AND ALL OF THEIR CONTENT ON AN “AS IS” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. PROVIDER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITES OR ANY OF THEIR CONTENT. FURTHER, THE INFORMATION AVAILABLE ON THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PROVIDER MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITES OR IN THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THE SITES AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THE SITES AND THE CONTENT THEY PROVIDE.UNDER NO CIRCUMSTANCES WILL PROVIDER BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THE SITES OR THE CONTENT THEY PROVIDE, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.TO THE EXTENT PERMITTED BY LAW, PROVIDER DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITES AND THEIR CONTENT.
- Submissions. Provider welcomes your feedback and suggestions about how to improve the Sites, as well as other submissions related to the Sites and any products or services offered in connection with the Sites. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through the Sites, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Provider to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. Provider may, but will not be obligated to use, and/or provide any author attributions related to, any Submissions. Provider reserves the right to remove any Submissions you may submit through or post on the Sites.You agree that the Submissions will not constitute or be comprised of any material that is unlawful or prohibited by this Agreement, including but not limited to materials that (a) claim a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to Provider); (b) provide false or misleading personal information or email addresses, or impersonate any other person or entity; (c) harm minors in any way; (d) harass another person; (e) is unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable; (e) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person, or (f) consists of unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”
- Governing Law and Forum. This policy shall be governed by the laws of Pennsylvania, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be Pennsylvania. You agree to submit to the jurisdiction of the state and federal courts in Philadelphia, Pennsylvania for the purposes of any judicial proceedings relating to or arising from this Agreement.
- Suspension, Termination. Provider reserves the right at any time and for any reason to deny you access to the Sites or any portion thereof, and/or to terminate this Agreement.
- Waiver. Failure to insist on strict performance of any of the provisions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Provider of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
- Nature of Relationship/Severability. No joint venture, partnership, employment, agency or other relationship exists between you and Provider as a result of this Agreement or your use of the Sites. If any provision of this Agreement is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.