The term “Site Information” means the Contributor Materials and all other information, text, pictures, sound, graphics, video, data and other content provided by PEI and its licensors that is displayed on the Site.
You are authorized to access and use the Site and related Site Information as set forth in these TOU, provided that: (i) your use of the Site and Site Information as permitted hereunder is solely for your personal, non-commercial use; (ii) you will not copy, distribute or transfer any portion of the Site on any media without PEI’s prior written approval; (iii) you will not alter, adapt or otherwise modify any part of the Site other than as may be reasonably necessary to use that part of the Site for its intended purpose; and (iv) you will otherwise comply in full with the terms and conditions of this TOU.
We post legal notices and various credits on pages of the Site, which may not be removed even on your permitted copy. You shall not remove these notices or credits, or any additional information contained along with the notices and credits. The Site may contain references to trademarks, copyrighted materials, technologies, products, processes and software and other proprietary rights of PEI or other parties. No license to or right in any such trademarks, copyrighted materials, technologies, products, processes, software or other proprietary rights of PEI is granted to or conferred upon you.
The Site may now or in the future permit the submission of Contributor Materials by you and other users and the hosting, sharing and/or publishing of such Contributor Materials. You agree and acknowledge that without regard to whether such Contributor Materials are published, PEI does not guarantee any confidentiality with respect to any submissions.
You shall be solely responsible for any Contributor Materials you submit and the consequences of posting or publishing them. With respect to any Contributor Materials you submit, you affirm, represent and warrant that: (i) you own or have the necessary licenses, rights, consents or permissions to use and authorize PEI to use all patent, copyright, trade secret and trademark rights (collectively, “Intellectual Property Rights”) or other proprietary rights to enable inclusion and use of Contributor Materials in the manner contemplated by the Site and these TOU; and (ii) you have the written consent, release and/or permission of each identifiable individual person in your Contributor Materials to use the name, likeness or other personal characteristics of each such identifiable individual to enable inclusion and use of such Contributor Materials in the manner contemplated by the Site and these TOU.
As between you and PEI, you shall retain all of your ownership rights in and to the Contributor Materials. However, by submitting Contributor Materials to PEI, you hereby grant PEI a worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the Internet, broadcast television or any other uses or media), the Contributor Materials, in whole or in part, including future rights that PEI (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed to the maximum extent permitted by applicable law. You also hereby grant each user of the Site a non-exclusive license to access your Contributor Materials through the Site, and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such Contributor Materials, in whole or in part, to the extent permitted by the Site under these TOU (the “User License”). In addition, PEI will have the right to refuse, remove or delete any Contributor Materials which it reasonably considers to violate this TOU or to otherwise be illegal or objectionable.
With respect to Contributor Materials and the Site, you agree you will not: (i) submit Contributor Materials that are copyrighted, protected by trade secret or otherwise subject to any third party Intellectual Property Rights or proprietary rights, including any privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner of such rights to post such Contributor Materials and to grant PEI all of the license rights and other rights granted herein; (ii) upload, post, e-mail or otherwise transmit any Contributor Materials or other Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) use the Site to harm minors in any way; (iv) impersonate any person or entity, including but not limited to, a representative of PEI, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contributor Materials or other content transmitted to or through the Site; (vi) upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; (vii) upload, post, e-mail or otherwise transmit any Contributor Material or other content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or NASDAQ, and any regulations having the force of law; and (ix) collect or store personal data about other users.
No Unlawful or Harmful Use
http://www.conan.com respects the intellectual property of others, and we ask our users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users of the Site who may infringe or repeatedly infringe the copyrights or other intellectual property rights of http://www.conan.com and/or others.
You will not use the Site or any of the Site Information in any way that is unlawful or harms PEI or any user of PEI. You may not use the Site in any manner that could overburden, or impair any PEI Site (or the networks or systems connected to any PEI Site) You may not use any device, software or instrumentality to interfere with the proper working of our Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
If you are a copyright owner or an agent thereof and believe any Contributor Materials or other Site Information infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to our Designated Copyright Agent (“Designated Copyright Agent”) containing the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
PEI’s Designated Copyright Agent to receive notifications of claimed infringement is: Jay Zetterberg, External Affairs Specialist, 8484 Wilshire Blvd., Suite 870, Beverly Hills, CA 90211, e-mail address: [email="firstname.lastname@example.org"]email@example.com[/email], telephone number: 323-655-1700. Please send only DMCA notices to our Designated Agent. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid.
You agree to indemnify and hold PEI and its agents and licensors harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Contributor Materials or other content you submit, post to or transmit through the Site, your violation of these TOU, or your violation of any rights of another.
You shall not violate or attempt to violate the security of the Site. Violations of system or network security may result in civil or criminal liability. PEI reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
With respect to all communications you make to PEI, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and PEI shall have no obligation to protect your communications from disclosure; (ii) PEI shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) PEI shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
YOUR ACTIVITIES AND ACCOUNT
You represent that any information you post or provide to PEI by means of this Site, including, without limitation, as part of any registration, application or inquiry, is true, accurate, not misleading and offered in good faith. You are fully responsible for all of your activities relating to the Site and the Contributor Materials you post, and you shall bear all risks regarding the use of the Site and any Site Information.
You may never use another’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify PEI of any breach of security or unauthorized use of your account.
You acknowledge and agree that PEI may preserve Contributor Materials and other Site Information if required to do so by law or in the good faith belief that such preservation and disclosure is reasonably necessary to (i) comply with the legal process; (ii) enforce the TOU; (iii) respond to claims that any Site Information violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of PEI, its users and the public.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. PEI MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS. ALL SITE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. PEI DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PEI BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS TOU OR USE OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE.
LIMITED TIME TO BRING YOUR CLAIM
You and PEI agree that any cause of action arising out of or related to the Site or any Site Information must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The Site may provide, or third parties may provide, links to other websites or resources. Because PEI has no control over such sites or resources, you acknowledge and agree that PEI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. PEI assumes no responsibility for the content, privacy policies or practices by such third-party websites. By using this Site, you expressly waive any rights, claims or liability against PEI from your use of any third-party website.
You agree that PEI, in its sole discretion, may terminate your use of the Site and remove and discard your Contributed Materials, for any reason, if PEI believes that you have violated or acted inconsistently with the letter and spirit of these TOU. PEI may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of these TOU may be effected without prior notice, and acknowledge and agree that PEI may bar any further access to the Site. Further, you agree that PEI shall not be liable to you or any third-party for any termination of access to the Site.
RIGHT TO ACCESS
You affirm that you are over the age of 13. If you are under 13 years of age, you may not access or use the Site.
In order to provide contributor materials you must be 18 years of age. By contributing this content you are affirming that you are 18 years old or more, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms and conditions of these TOU, and comply with these TOU.