GENERAL PRACTICE AND LIMITS
You acknowledge that the Foundation may establish general practices and limits concerning use of the Site, including without limitation, the maximum throughput of traffic from the Internet or associated service (e.g., Usenet, email, web hosting), and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that the Foundation has no responsibility or liability for the deletion of, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Site, or for other content maintained or transmitted by the Site.
RESTRICTIONS ON USE
The information and materials provided on or through the Site, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”), are intended to educate and inform you about the Foundation’s mission, programs, events and other information offered or described on the Site. Although the Foundation strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although the Foundation endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
Subject to your compliance with the terms and conditions of this Agreement, you may only download one (1) copy of any Materials displayed on the Site, and you may use such downloaded Materials solely for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained therein. The Foundation cannot guarantee that technical difficulties will not occur during the download of the Materials or that the Materials will download successfully. You may not engage in any unauthorized use, copying, or distribution of any of the Materials. For example, you may not otherwise reproduce, display, publicly perform, or distribute the Materials in any way for any public or commercial purpose. You may not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose. Modification or use of the Materials for any purpose other than as expressly authorized in this Agreement is a violation of our copyright and other proprietary rights, and is strictly prohibited.
CODE OF CONDUCT
You agree to respect the rights of others and exercise good judgment in using the Site. You agree that you will not:
You agree that your use of other internet websites and resources including, without limitation, your use of any content, information, data, advertising, products or other materials on or available through such websites and resources, is at your own risk and is subject to the terms and conditions of use applicable to such sites and resources.
The Site, including all Site software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and “look and feel” and arrangement of items, is owned and operated by the Foundation in conjunction with others pursuant to contractual arrangements, and will remain the property of the Foundation and its licensors and suppliers. The Site is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of the Foundation, the Foundation’s licensors and suppliers, and others. The Trademarks owned by the Foundation, whether registered or unregistered, may not be used in connection with any service that is not offered by the Foundation, in any manner that is likely to cause confusion with visitors, or in any manner that disparages the Foundation. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of the Foundation, the Foundation’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and the Foundation will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Foundation infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information:
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to
Attn: PitCCh In Foundation
P.O. Box 38
Alpine, New Jersey 07620
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
RULES FOR SWEEPSTAKES, CONTESTS AND GAMES
MODIFICATION, SUSPENSION AND TERMINATION
We reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site with or without cause and with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance. Any violation by you of this Agreement may result in corrective action by us, in our sole discretion, including disconnection or discontinuance of your membership, or termination of this Agreement.
The Site, the Materials on the Site, and any product or service obtained through the Site is provided “as is” and without warranties of any kind, either express or implied to the fullest extent permissible pursuant to applicable law, the Foundation, affiliates, licensors, suppliers, advertisers, sponsors and agents all warranties, express or implied, with respect to the site, the materials, and any product or service obtained through the site, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
The Foundation, our affiliates, licensors, suppliers, advertisers, sponsors and agents do not warrant that your use of the Site will be uninterrupted, error-free or secure, that defects will be corrected, or that the Site, the server(s) on which the Site is hosted is free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto.
You assume all responsibility and risks for your use of the Site and your reliance thereon. No opinion, advice or statement of the Foundation or its affiliates, licensors, suppliers, advertisers, sponsors, agents, members or visitors, whether made on the Site or otherwise, shall create any warranty. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any hyperlinked site, or featured in any banner or other advertising, and the Foundation will not be a party to or in any way monitor any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Your use of the Site and any Materials provided through the Site are entirely at your own risk.
The Site and Materials could include inaccuracies or errors, or information or materials that violate this Agreement (specifically, the Code of Conduct above). Additionally, unauthorized alterations could be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at email@example.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Claims of Copyright Infringement,” above.
LIMITATION OF LIABILITY
Neither the Foundation nor any of its affiliates, licensors, suppliers, advertisers or sponsors, nor their respective founders, owners, shareholders, executives, directors, officers, employees’ partners, consultants, agents or other representatives are or will be responsible or liable to you or to any third party for any indirect, incidental, consequential, special, exemplary, punitive or other damages (including, without limitation, damages for loss of business, loss of data or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or Materials contained on the Site, any linked site or any product or service purchased through the Site.
Your sole and exclusive remedy for dissatisfaction with the Site or Materials or any linked site is to stop using the Site, Materials or linked site, as applicable. The maximum liability of the Foundation, and your sole and exclusive remedy, for all damages, losses suffered by you and causes of action, whether in contract, tort (including, without limitation, negligence) or otherwise, shall not exceed the actual dollar amount, if any, paid by you to the Site in the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Some jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to indemnify, defend and hold the site, the Foundation and each of their founders, affiliates, licensors, owners, shareholders, employees, executives, consultants, agents, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement, including any violation of the Code of Conduct, above; (ii) any allegation that any User Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site.
We will not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, computer viruses, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Site.
As a convenience to our members, we may and in our sole discretion provide versions of these Terms in languages other than English (each, a “Translation”). Where so, we will attempt to make the Translations accurate, but we cannot be responsible in the event of any errors, inaccuracies or discrepancies in the Translations. Accordingly, if there is any conflict in meaning between a Translation and these Terms, these Terms in the English language shall govern and be given precedence. Furthermore, we do not provide any customer service in any language other than English, and cannot take responsibility for any problems or issues that may arise as a result of this fact.
ACCESS FROM OUTSIDE THE UNITED STATES
Unless otherwise specified, the Materials on this Site are presented primarily for citizens and residents of the United States and its territories, possessions, and protectorates. We make no representation that Materials on the Site are appropriate or available for use in other locations. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide. Software from this site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You agree that any dispute arising out of or relating to these Terms or your use of the Site will be submitted exclusively to confidential binding arbitration in New York, New York. Arbitration under these Terms will be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of the Site, the Foundation, these persons or entities may seek injunctive or other appropriate relief in any state or federal court in the state of New York.
This Agreement is governed by and construed in accordance with the laws of the State of New York, United States of America, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of New York, New York, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.