PFPAUG Job Listings BETA: Terms and Conditions of Use
Application
The following Terms and Conditions ("Terms") are applicable to the Philadelphia Flash Platform Adobe User Group ( PFPAUG .) The pfpaug.org website is referred to generically herein as the "Website". The services provided by PFPAUG via the Website (other than third party websites accessible via the Website) are subject to these Terms and any policies that may be published by PFPAUG from time to time. The Terms and any applicable policies comprise the entire agreement between you and PFPAUG and supersede all prior agreements regarding the subject matter contained herein.
Acceptance of Terms
BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, IMMEDIATELY DISCONTINUE USING THIS WEBSITE.
Description of Service
PFPAUG makes various services available on the Website including, but
not limited to, the capability to post and retrieve information and files.
Fees for the various services are set out on the Website. You are solely
responsible for providing, at your own expense: (i) all equipment, including
a computer and modem; and (ii) your own Internet access.
In order to access some of the services, you will require a separate account
and password which can be obtained by completing the online registration form
and maintaining and updating your registration information as required.
You grant PFPAUG the right to disclose
to third parties certain registration information about you, which disclosure
is more fully described in and governed by the Privacy Policy. We ask that
you please read our Privacy Policy because it contains the terms and conditions
of our personal information handling practices. In addition, our Privacy
Policy is incorporated into, and forms a part of, these Terms and you will
therefore be subject to the provisions contained in our Privacy Policy.
YOU AGREE NOT TO HOLD PFPAUG LIABLE FOR ANY DAMAGE TO, ANY DELETION OF OR ANY
FAILURE TO STORE YOUR FILES, DATA OR REGISTRATION INFORMATION. You further
acknowledge that PFPAUG has a fixed upper limit on the amount of disk space that
you may use, which limits are set out on the Website.
Grant of Limited License
Subject to the license granted herein, you retain all rights in and
to any of your material you upload to the Website. In order to enable
PFPAUG to provide the Website, you grant PFPAUG and its designated licensees
a non-exclusive, royalty free, worldwide right to copy, distribute, use
in connection with the operation of the Website, such material, regardless
of the medium, technology, or form in which it is used. Such use by PFPAUG
may include, but will not be limited to, use of any information or images
posted to the Website to be included as part of a screen option, demonstration
or brochure for the purpose of promoting your material or the Website.
You acknowledge that PFPAUG may be required to compress or perform other technical
processing of your uploaded files due to technical limitations on the Website.
Backup Copies of Images
The Website is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although PFPAUG takes what we believe to be reasonable precautions to preserve and protect the material you upload to the Website, you should not rely on the Website as your only storage facility. You should preserve copies of your film negatives or slides, and backup copies of any digital data or information that you have uploaded.
Security of Your Account
You are solely responsible for maintaining the confidentiality of your password and account and for any and all activities which occur under your account. You agree to immediately notify PFPAUG of any unauthorized use of your account.
Your Conduct
(a) Your use of the Website is subject to all applicable laws and regulations,
including Netiquette.
(b) You agree not to upload or otherwise transmit through the Website any unlawful,
harassing, libelous, abusive, profane, threatening, harmful, vulgar, obscene,
sexually explicit, pornographic, illegal or otherwise objectionable material
of any kind or nature.
(c) You further agree not to gain or attempt to gain unauthorized access to
other computer systems via the Website.
(d) You agree not to upload or otherwise transmit through the Website any material
that: (i) infringes on any third party rights; and (ii) contains any virus
or other harmful code that may change or disrupt the Website or any other user's
equipment or software.
(e) Your right to use the Website is personal to you. You agree not to resell
or make any commercial use of the Website or transfer your rights herein, without
the express written consent of PFPAUG , which consent shall be at PFPAUG 's sole
discretion.
Content
PFPAUG neither endorses or assumes any liability for the contents of any
material uploaded or submitted by third party users of the Website. The
Website acts only as a passive conduit for online storage of materials
uploaded or submitted to the Website. PFPAUG retains the right to delete
content that it deems in its sole discretion to be objectionable, but
makes no claim to ensure that all objectionable or illegal content will
be removed from the Website. You hereby consent to such removal and waive
any claim against PFPAUG arising out of such file removal.
You acknowledge and agree that, during the course of providing the Website,
PFPAUG may be required to grant access to a third party and/or decrypt files in
response to a court order or in response to a request from law enforcement
or other government authority. You hereby consent to such legal production
and waive any claim against PFPAUG arising out of such court order.
Copyright
The entire content of the Website in aggregate is owned by PFPAUG , and
protected as a collective work under United States , Canadian, and international
intellectual property laws, treaties and conventions, including the Berne
Convention for the Protection of Literary and Artistic Works. Portions
of the Website are provided to PFPAUG under license. The copying, reproduction,
or publication of any part of the Website is prohibited, unless expressly
authorized in writing by PFPAUG.
No copyrighted material may be uploaded or submitted to any Website by anyone
without the permission of the copyright owner or persons authorized by the
copyright owner. You are solely responsible for obtaining all such necessary
permission at your sole cost and expense before uploading any such material
to the Website.
You acknowledge that content, including but not limited to text, music, sound,
photographs, video, graphics or other material contained on the Website ("Content")
is owned or licensed by PFPAUG and other third parties and is protected by copyrights,
trade-marks and/or other rights and laws. You may download the material available
on the Website for your personal, non-commercial use only. Except as may be
permitted by copyright law, you are responsible for obtaining permission from
the copyright owner before reusing any copyrighted material that is on the
Website. In the event of any permitted copying, redistribution or publication
of copyrighted material from the Website, no changes in or deletion of author
attribution, trade-mark legend or copyright notice shall be made. You acknowledge
that you do not acquire any ownership rights by downloading copyrighted material
from the Website.
Privacy Policy
For Philadelphia Flash Platform's privacy policy, please click here.
Notice
All notices to you may be given by any means including, but not limited to: (a) email; (b) conventional mail; (c) notices or messages posted on the Website; or (d) any other means by which you obtain notice thereof.
Access to Third Party Web Sites
PFPAUG is not responsible for the content of any third party website which
you access through the Website. If you decide to access any such third
party website, you do so entirely at your own risk.
From time to time, PFPAUG may enter into strategic relationships with third party
websites whereby data of PFPAUG members will be available through those third
party websites. You agree that your data, whether purchased through PFPAUG directly
or via an access or offer on or in connection with a third party website, shall
be deemed to have been purchased from PFPAUG for services offered directly on
the Website. You also acknowledge that PFPAUG may terminate any such strategic
relationship at any time without notice to you. If any such strategic relationship
is terminated, your sole recourse is to terminate your relationship with PFPAUG
in accordance with the termination policy below.
Modifications to Terms and Privacy Policy
PFPAUG reserves the right to change the Terms and Privacy Policy from time to time. Such changes, modifications, additions or deletions shall be effective immediately, and PFPAUG will make reasonable efforts to notify you of such modifications by email to the address listed by the registered user, posting a notice that modifications have been made on the top of this page or on the PFPAUG home page, or other means that PFPAUG believes is reasonable in the circumstances. You acknowledge and agree that it is your responsibility to maintain a valid email address as a registered user, review this Website and these Terms and the Privacy Policy periodically and to be aware of any modifications. PFPAUG shall not be liable to you or any third party should PFPAUG exercise such right. Your continued use of the Website after such modifications will constitute your: (a) acknowledgement of the modified Terms and Privacy Policy; and (b) agreement to abide and be bound by the modified Terms and Privacy Policy.
Modifications to Website
PFPAUG reserves the sole right to either modify or discontinue the Website, including any features therein at any time with or without notice to you. Without limiting the foregoing, PFPAUG may, from time to time as it reasonably determines, modify the services, change the pricing structure, add or remove non-fee and fee based services, or change its limitation on allowable file size; provided however, that PFPAUG will not retroactively make such changes which have been previously paid for by you. PFPAUG shall not be liable to you or any third party should PFPAUG exercise such right. PFPAUG will make reasonable efforts to notify you of such changes by way of email or posting a notice of such change on its Website and you acknowledge and agree that these are appropriate and reasonable methods of notifying me of such modifications. Please ensure that you attend to your email periodically and visit the Website periodically to check whether any modifications have been made.
Indemnification
You agree to indemnify and hold PFPAUG , its subsidiaries, affiliates, directors, officers and employees, harmless from any claim or demand, including reasonable legal fees and expenses, due to or arising out of your use of the Website, which cause direct or indirect damage or harm to a third party.
Termination
Either you or PFPAUG may terminate your relationship with or without cause
at any time. You agree that PFPAUG may, in its sole discretion, terminate
or suspend your access to all or part of the Website for any reason,
including, without limitation, breach of the Terms. If PFPAUG reasonably
suspects fraudulent, abusive or illegal activity, it will terminate your
relationship with PFPAUG and we may refer such suspicions to appropriate
law enforcement authorities.
Should you object to the Terms or Privacy Policy or any subsequent modifications
thereto or become dissatisfied with the Website in any way, your only recourse
is to immediately: (a) discontinue use of the Website; (b) terminate your membership;
and (c) notify PFPAUG of your termination.
PFPAUG shall not be liable to you or any third party for any claims or damages
arising out of any termination or suspension.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
PFPAUG EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND , WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PFPAUG MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT
ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE;
NOR DOES PFPAUG MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND /OR DATA UPLOADED, DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM UPLOADING AND /OR DOWNLOADING SUCH
MATERIAL AND /OR DATA . PFPAUG MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH THE WEBSITE.
Limitation of Liability
PFPAUG SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE INCLUDING ANY DAMAGE THAT RESULTS FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA , INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF PFPAUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR AN AMOUNT GREATER THAN THE AGGREGATE AMOUNT YOU PAID TO PFPAUG IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CAUSE OF ACTION.
General
The Terms shall be governed by and construed in accordance with the
laws of the jurisdictions in which we operate and you agree to submit
to the exclusive jurisdiction of the courts of the state of Pennsylvania
.
If any provision(s) of the Terms or the Privacy Policy is held by a court of
competent jurisdiction to be contrary to law, then such provision(s) shall
be construed, as nearly as possible, to reflect the intentions of the parties
with the other provisions remaining in full force and effect. PFPAUG 's failure
to exercise or enforce any right or provision of the Terms shall not constitute
a waiver of such right or provision unless agreed to by PFPAUG in writing.
You agree that any cause of action arising out of or related to your use of
the Website must commence within one (1) year after the cause of action arose.
The section titles in the Terms are solely used for the convenience of the
parties and have no legal or contractual significance.
These Terms are binding upon and shall enure to the benefit of both parties
and their respective successors, heirs, executors, administrators, personal
representatives and permitted assigns. You shall not assign or transfer your
rights or obligations hereunder or otherwise without PFPAUG 's prior written consent.
Billing and Service Fees
All fees will be charged directly to your PayPal account and are due in advance of the service period. Rates quoted on the Website are per transaction unless otherwise noted. PFPAUG does not provide refunds for any reason, including termination of your account or failure to make use of selected services. As detailed above, PFPAUG reserves the right to change its fees in accordance with the section above entitled "Modifications to Website."
Termination and Refund Policy
All termination requests are to be made through our contact form. This will be confirmed with a return email and/or return call from a Representative.
Upon Termination
(i) Fees prepaid for unused periods remaining are non-refundable;
(ii) Your account will be terminated.