OWNERSHIP OF WEBSITE CONTENT AND INFORMATION PPALM owns all of the content and information published or posted by us unless otherwise expressly stated, such as where, for example, the information was lawfully culled by PPALM from a copyrighted material pursuant to the doctrine of “fair use” (in which case the content and information is owned by the copyright holder). You may access but not use any of the content and information that are owned by us without our express written authorization (“use” in this context means, for example, copying content for commercial use).Content and information you post on the Website, however, are owned by you. For content that is covered by intellectual property rights, like photos and videos (“IP-Protected Content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP-Protected Content that you post on or in connection with the Website (“IP Content License”). This IP Content License ends when you delete your IP-Protected Content or your account unless your IP-Protected Content has been shared with others and they have not deleted it.Note that when you delete IP-Protected Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you acknowledge that removed IP-Protected Content may continue to exist in backup copies for a reasonable period of time (but will not be available to others). When you publish content or information on the Website, such as your member profile, it means that you are allowing everyone, including the public, to access and use that information (subject to applicable law), and to associate it with you (i.e., your name and profile picture). You understand that we may use your IP-Protected Content without any obligation to compensate you for them (just as you have no obligation to offer them; see preceding paragraph regarding IP Content License).
SAFETY By using the Website, you acknowledge and commit to the following:
You will not post commercial communications (such as spam) on the Website.
You will not collect users’ content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Website.
You will not post information that you know to be false, defamatory, or harmful to someone’s reputation.
You will not upload viruses or other malicious code.
You will not solicit login information or access an account belonging to someone else.
You will not bully, intimidate, or harass any use, subscriber or member.
You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
You will not use the Website for commercial or for-profit purposes.
You will not use the Website to do anything unlawful, misleading, malicious, or discriminatory.
You will not do anything that will jeopardize the status of PPALM as a 501(c)(3) tax-exempt public charity.
You will not do anything that could disable, overburden, or impair the proper working or appearance of the Website, such as a denial of service attack or interference with page rendering or other Website functionality.
You will not facilitate or encourage any violations of this agreement or our policies.
REGISTRATION AND ACCOUNT SECURITY Users of the Website are required to provide their real names and information. You commit to the following when you register with us:
You will provide an accurate and current e-mail address through which we may contact you, as appropriate (for example, if we wish to notify you of a violation of this agreement). You agree to notify us in the event that you change your e-mail address. You further agree that, if your e-mail address is canceled or becomes inactive or inaccessible, we may cancel your registration and part of your member/user profile.
You will not provide any false personal information or create an account for anyone other than yourself without permission.
You will not create more than one personal account.
If we disable your account, you will not create another one without our permission.
You will not use the Website for your own commercial gain or commercial purposes.
You will not use the Website if you are under 13.
You will not use the Website if you are a convicted sex offender.
You will keep your contact information accurate and up-to-date.
You will not knowingly share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You will immediately notify us of any unauthorized use of your password or other registration information, and you agree to indemnify and hold PPALM, governing board, officers, employees, members, affiliates, agents, and any third-party provider harmless for any improper or illegal use of your password or registration information.
You will not transfer your account to anyone without first getting our written permission.
If you select a username or similar identifier for your account or member profile, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
PROTECTING THE RIGHTS OF OTHERS We respect other people’s rights, and expect you to do the same. Accordingly, you commit to the following:
You will not post content or take any action on the Website that infringes or violates someone else’s rights or otherwise violates the law. We reserve the right to remove any content or information you post on the Website if we believe that it violates this agreement. If you repeatedly infringe on other people’s intellectual property rights, we will disable your account, at our sole and exclusive discretion, when appropriate.
You will not use our copyrights or trademarks, or any confusingly similar marks, except with our prior written permission.
You will not post or publish sensitive information on anyone without that person’s express consent.
TERMINATION If you violate the letter or spirit of this agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Website to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account at any time.
RESTRICTIONS This Website contains materials supplied by PPALM and its affiliates and third-party providers, as well as other sources, and is protected by copyrights, trademarks, servicemarks, patents, trade secrets, or other proprietary rights and laws. Materials on this Website may include inaccuracies or typographical errors. We have the right to make changes to and update any material and/or information contained on this Website without prior notice.
CHOICE OF LAW AND FORUM The Website originates and is located in the United States, and this agreement shall be governed by ad construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflicts of law rules. Any dispute arising out of our relating to this Agreement or your access or use of this Website will be subject to the exclusive jurisdiction of the courts located within the Commonwealth of Virginia, and you hereby submit to the personal jurisdiction of such courts. If any provision of this agreement is held invalid and/or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this agreement shall remain in full force and effect.
DISCLAIMER OF WARRANTIES THE INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS.” PPALM DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE WEBSITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PATICULAR PURPOSE. ALTHOUGH THE INFORMATION PROVIDED TO YOU IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, PPALM CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR DATA AVAILABLE TO YOU OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE.NEITHER PPALM, NOR ITS GOVERNING BOARD, OFFICEERS, EMPLOYEES, MEMBERS OR AGENTS, ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO YOU FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF (1) ANY FAILURE OR INTERRUPTION OF THIS WEBSITE; (2) ANY ACT OR OMISSION OF ANY THIRD-PARTY INVOLVED IN MAKING THIS WEBSITE OR THE DATA CONTAINED HEREIN AVIALABLE TO YOU; (3) ANY OTHER CAUSE RELATING TO YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS WEBSITE OR MATERIALS ON THIS WEBSITE; (4) USER’S, SUBSCRIBER’S OR VISITOR’S INTERACTION OR SUBMISSIONS ON THE WEBSITE; OR (5) FROM USER’S, SUBSCRIBER’S OR VISITOR’S FAILURE TO COMPLY WITH ANY TERM OF THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF PPALM R ANY THIRD-PARTY PROVIDER PROVIDING SOFTWARE SERVICES, OR SUPPORT. IN NO EVENT WILL PPALM, ITS GOVERNING BOARD, OFFICERS, EMPLOYEES, MEMBERS, OR AGENTS BE LIABLE TO USERS, SUBSCRIBERS OR VISITORS FOR ANY DIRECDT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTIAL DAMAGES OR COSTS, OUR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF PPALM, ITS GOVERNING BOARD, OFFICERS, EMPLOYEES, MEMBERS, AFFILAITES, AGENTS, OR THIRD-PARTY PROVIDERS OR ANY OTHER THIRD-PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.