Updated October 17th, 2013
PP reserves the right to take any legal or technical remedies to prevent the violation of the Terms and to protect the PP Services, Users, and the rights and property of PP and its affiliates.
1. Intellectual Property
We respect the intellectual property rights of others and we ask that you do the same. Except for any third party content used as part of the PP Sites, the data and materials on the PP Sites, including without limitation text, software, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the PP Sites (“PP Content”) are the intellectual property of PP. PP Content is protected by copyright, trademark and other intellectual property laws and all ownership rights remain with us. We reserve all rights not expressly granted in and to PP Content. Except as provided in these Terms, PP Content may not be distributed, downloaded, modified, reused, copied, reproduced, transferred, displayed, reposted, transmitted, disseminated, sold, published, broadcast or circulated or otherwise used without the express written permission of PP. If you violate these Terms, your permission to use the PP Services automatically terminates and you must immediately destroy any copies you have made of the PP Content.
2. Limited License to Use PP Content
Copyrighted Material. PP Content, including but not limited to copyrighted material such as text, photos and videos, may not be reproduced, copied or redistributed without the express written authorization of PP. PP reserves all rights to take vigorous legal action in the event of any unauthorized use of the PP Content.
Without limiting the generality of the foregoing and subject to the conditions set forth herein, PP hereby grants Users a non-exclusive, non-transferable limited right to use PP Content for newsworthy, editorial and personal uses only (the “PP Limited License”), provided that such use adheres to the following guidelines:
• All copyrighted material must include a clearly visible copyright notice;
• The copyright notice must be followed with a link to the source of the copyrighted material on the PP Sites; and
• Use of text obtained from the PP Services is limited to a maximum of 250 words.
In no event does the PP Limited License authorize the use of PP Content in connection with advertising or promotions, or in items or products offered for sale. Permission to reproduce, copy and redistribute copyrighted material does not extend to any third party materials that appear on the PP Sites. Any use of PP Content that does not comply with the PP Limited License and has not otherwise been authorized by PP may result in legal action by PP.
Trademarks. PP owns certain registered and common law trademarks and displays these trademarks on the PP Sites. Use of any PP trademarks without express written authorization of PP is prohibited.
If you have questions about whether your intended use of PP Content is consistent with these Terms or wish to request permission to use any PP Content in a manner otherwise prohibited under these Terms, please contact: [email protected]
3. User Submitted Content
You are solely responsible for your conduct, and for any messages, notes, data, text, information, graphics, photos, audio and video clips, advertisements, listings, links and other content, in any form (“User Submitted Content”) that you submit, upload, publish, post or display on or through the PP Services. You may not post, transmit or share User Submitted Content on the PP Services that you did not create or that you do not have permission to post. While PP has the right to monitor activity and content associated with the PP Services, and may choose to pre-prescreen User Submitted Content, we are not obligated to do so. Without limiting the generality of the foregoing, you acknowledge and agree that PP may use certain automated filters and other tools to block spam and to categorize and arrange User Submitted Content on the PP Services. We may, but will have no obligation to, remove or limit access to User Submitted Content originating from any User we believe in our sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or that infringes or violates any party’s intellectual property or other proprietary rights or these Terms. Further, under no circumstances does PP have any obligation to verify the accuracy, timeliness or truthfulness of any User Submitted Content, nor to monitor any User on the PP Sites. You are responsible at your sole cost and expense for creating backup copies and replacing any User Submitted Content that you post or store on the PP Services.
The PP Services may include various forums, blogs and bulletin boards where you can post your observations and comments on designated topics. PP does not guarantee that other Users will not use ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the PP Services. PP and PP affiliates are not responsible for Users misuse or misappropriation of any content or information that you post anywhere on the PP Services.
You understand and agree that in using the PP Services, you may be exposed to User Submitted Content that you find offensive, indecent and objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content or terminating User accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will PP be liable in any way for any User Submitted Content, including but not limited to errors or omissions in any User Submitted Content, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to, any User Submitted Content posted, emailed, transmitted or otherwise made available via the PP Services.
You understand that PP cannot and does not guarantee the identity of any other User with whom you interact in the course of using the PP Services. Additionally, we cannot and do not guarantee the authenticity of any data or information that Users may provide about themselves or any other User Submitted Content that is posted or otherwise made available on the PP Services. You agree that you must evaluate, investigate and bare all risks associated with the use of any User Submitted Content, including reliance on the accuracy, completeness or integrity of such User Submitted Content.
4. User Conduct
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your User account. By using the PP Services, you agree that you will not, and that you will not encourage, solicit, assist or enable any third party to:
Use the PP Services for any unlawful purpose, including but not limited to conspiring to violate law;
• Upload, post, transmit or otherwise make available any content, or engage in communication, that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, inappropriate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
• Create a false or misleading identity, including, but not limited to, impersonating a PP employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others;
• Transmit, email or post any content that contains in any form software viruses or such programs as including, but not limited to, Trojan horses, worms, time bombs, cancel-bots, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Use the PP Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the PP Services, including but not limited to interfere with or disrupt the PP servers or networks connected to the PP Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the PP Sites;
• Attempt to gain unauthorized access to the PP Sites, User accounts, computer systems or networks connected to the PP Services, through password mining or any other means;
• Attempt to modify, adapt, translate, hack, decompile or reverse engineer any portion of the PP Services;
• Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
• Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• Use any robot, spider, site search/retrieval application, or other device to retrieve, scrape or index any portion of the PP Sites, except as expressly authorized by PP, provided that, unless otherwise determined by PP, the foregoing restrictions generally will not apply to automated processes used solely for indexing and hyperlink purposes by general purpose search engines or for indexing and archiving purposes by non-commercial public archives;
• Copy any part of the PP Services without the express permission of PP unless permitted to do so under these Terms, remove any copyright, trademark or other proprietary notices from the PP Sites or any copy thereof without the express permission of PP, or cause, permit or authorize the modification, creation of derivative works, or translation of the PP Sites without the express permission of PP;
• Reformat or frame any portion of the web pages that are part of the PP Services;
• Upload, post or disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;
• Disseminate, upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of such solicitation;
• Interfere with another User’s use and enjoyment of the PP Services;
• Harvest or collect email addresses or other contact information of Users, including usernames, from the PP Services by electronic or other means;
• Sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your User account or password, including, without limitation, on or through the use of any third party web site or service;
• Take any steps to interfere with or in any manner compromise or circumvent any of PP’s privacy or security measures;
• Use the PP Services for any unauthorized purpose or in any manner not expressly permitted by the Terms.
5. Links to Third Party Websites and Third Party Transactions
The PP Sites contain links to websites other than our own, including to vendors that offer their services (each a “Vendor) through the PP Sites. PP has no control over any third party sites or their content and does not assume responsibility or liability for any content, opinions, materials, or services available on them. PP does not control or endorse the content of any third party site, nor does PP warrant that a third party site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. If you decide to leave the PP Services and access a third party site or use or install any third party applications, software or content, you do so at your own risk and you should be aware that our Terms may no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from the PP Services, or relating to any applications from a third party site that you access through the PP Services. If you choose to enter into a transaction with a Vendor you should be aware that such transactions do not take place on the PP Sites and that PP is not responsible for the processing or security of such transactions.
6. PP Social Media
PP has numerous accounts across social media platforms that are accessible on or through the PP Sites, as well as directly through the social media platforms themselves (“PP Social Media”). These social media platforms may have their own policies and procedures that govern your use. To the extent that a social media platform does not have its own policies and procedures in place or the policies and procedures do not address topics covered under these Terms, the Terms shall govern your use of all PP Social Media. Without limiting the foregoing, uploading, publishing, posting or displaying the following is expressly prohibited on all PP Social Media:
• Unlawful, fraudulent, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, sexually explicit, libelous, inappropriate, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or material, or material that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
• Flame messages, spam and trolling;
• Political or religious discourse;
• Intentionally false or misleading statements;
• An offer to sell or buy any product or service;
• Material that infringes on a third party’s intellectual property rights, including copyright, trademark and other proprietary rights;
• Any content that contains in any form software viruses or such files or programs designed to interrupt, destroy or limit the functionality of the PP Services or damage any computer software or hardware or telecommunications equipment;
• Information that you know to be confidential or sensitive or otherwise in breach of the law; and
• Comments that are intended to or have the appearance of being intended to intimidate PP employees.
PP reserves the right, but does not have the obligation, to monitor PP Social Media and delete any postings that violate the permitted uses of PP Social Media as described herein.
PP’s use of social media does not confer and should not be construed to confer, by implication, estoppel or otherwise, any license or right under any copyright, trademark or other proprietary right to any material whatsoever that is owned or licensed by PP.
PP Social Media includes web pages within the following social media properties. The list of PP Social Media is not comprehensive and is subject to change from time to time:
• Visit Philly Pedals Facebook: https://www.facebook.com/phillypedals
• Visit Philly Twitter: https://twitter.com/#!/phillypedals
7. Third Party Website Links to PP Sites
Users are encouraged to link third party websites to the PP Sites for purposes of promoting bicyling in the Philadelphia region.
8. Passwords and Account Security
We may make certain PP Services accessible only to those Users that have created an account with us. If we do so, and if you create an account, you acknowledge that we will treat anyone who uses your account as “you.” We will provide this User with all of the rights and privileges that we provide to you, and we will hold you responsible for all activities that occur under your account with or without your knowledge. Therefore, we recommend that you maintain your user ID and password in confidence and that you refrain from disclosing this information to anyone. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security.
9. Modification or Termination
PP reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the PP Services (in whole or in part) with or without notice to you.
PP may terminate your account and may suspend or remove you from the PP Services without prior notice for any reason or no reason at our sole discretion. You agree that PP will not be liable to you or any third party for any modification, suspension or discontinuance of the PP Services.
By accepting these Terms, you agree to indemnify and otherwise hold harmless PP, its directors, officers, employees, agents, subsidiaries, affiliates and other partners from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney’s fees) in connection with: (i) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (ii) your use of and access to the PP Sites; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. PP reserves the right to assume, at its sole expense, the exclusive defense and control of any claim, action or other matter for which you are required to indemnify us, and all negotiations for settlement or compromise thereof, and you agree to fully cooperate with PP in the defense of any such claim, action, settlement or compromise negotiations, as requested by PP.
Any new feature, tool or information added to or that enhances the PP Services will automatically become part of the PP Services and will be subject to these Terms. In using the PP Services, you acknowledge and agree that the PP Services may also include third party advertisements and marketing tools. While PP makes a reasonable effort to provide accurate and useful information to its Users, PP makes no warranties, representations or guaranties as to the accuracy, completeness of quality of any information on the PP Sites or available through the PP Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PP SERVICES IS AT YOUR OWN RISK AND THAT THE PP SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY. PP AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PP SERVICES (THE “RELEASED PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE RELEASED PARTIES CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE PP SERVICES. THE PP SERVICES MAY INCLUDE INCORRECT OR INACCURATE MATERIALS, WHETHER POSTED BY PP, ITS USERS, OR RESULTING FROM ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH, OR UTILIZED IN, THE PP SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, COMPLETENESS AND/OR PERFORMANCE OF THE PP SITES AND THE PP SERVICES, AND ANY MATERIALS OR SERVICES AVAILABLE OR OFFERED AT OR THROUGH THE PP SERVICES.
THE RELEASED PARTIES MAKES NO WARRANTY THAT (a) THE PP SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE PP SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PP SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE PP SITES WILL MEET YOUR EXPECTATIONS, (e) THE PP SERVICES AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, AND (f) ANY ERRORS IN THE PP SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PP SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PP OR THROUGH OR FROM THE PP SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE PP SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
12. Limitations on Liability
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (a) THE PP SERVICES OR YOUR ACCESS, USE OR INABILITY TO USE THE PP SITES; (b) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE PP SERVICES); (c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PP SERVICES, (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PP SERVICES BY ANY THIRD PARTY.
PP RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE PP SERVICES OR THE CONTENT ON THE PP SITES OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE PP SERVICES IS TO TERMINATE YOUR USER ACCOUNT AND CEASE USE OF THE PP SERVICES AND THE PP SITES.
NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, YOU AGREE THAT IN NO EVENT WILL PP’S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM ARISING FROM OR RELATED TO THE PP SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED $100 US DOLLARS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
13. Contact for Alleged Copyright Infringement
If you believe that your work has been copied and posted on the PP Sites or through the PP Services in a way that constitutes copyright infringement, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the PP Sites; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Repeat infringers will have their User accounts terminated and may face legal action.
Email: [email protected]
Upon receipt of notice as described above, PP will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from the PP Sites, in accordance with applicable law.
14. Contests, Promotions or Games
PP may, from time to time, announce contests, promotions or games available on or through the PP Services (“PP Contests”). You must meet any designated age and/or residency requirements to participate in any PP Contests. Additional rules will be posted for PP Contests on a case by case basis and are hereby incorporated into these Terms.
15. Additional Terms for Certain Services
Children Under the Age of 13
The PP Services are not directed at children. Children under the age of 13 should not attempt to use or access PP Services.
17. Applicable Laws
PP makes no representation that materials on the Website are appropriate or available for use outside the United States, and access to them from territories where their content are illegal is prohibited. You may not use, export or re-export the PP Content or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, U.S. export law and regulations. If you choose to access the PP Services from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws.
The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. The failure of PP to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement.
PP reserves the right to take any legal or technical remedies to prevent the violation of these Terms and to protect the PP Services, Users, and the rights and property of PP and its affiliates.
We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person. Any attempt by you to do so is void. You further understand and agree that your User account is non-transferable by you and any rights to your password or other contents of your User account terminate upon your death.
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 PP Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. Changes to the Terms
We reserve the right to update or modify these Terms at any time and without prior notice, by posting the revised version of the Terms on the PP Sites.
20. Contact Us
Please send any questions, concerns or comments, or report violations of the Terms to us at [email protected]