As of August 31, 2005
3. Prohibited Conduct
In connection with Your use of the Site, You are prohibited from:
- Making any false, misleading, fraudulent, illegal, injurious, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, or libelous statements;
- Infringing any third party’s intellectual property rights, including, but not limited to, copyrights, trademarks, patents, trade secrets, and rights of publicity;
- Transmitting any e-mail or uploading any content that contains viruses, worms, Trojan horses, or any code that is intended to or that may interrupt, interfere with, intercept, corrupt, destroy or limit the functionality of computer software, hardware or data;
- Impersonating any person or entity;
- Attempting to gain unauthorized access to the Site or another user’s account on the Site;
- Using any means to monitor, copy, or collect any information or content contained on the Site without Our prior express written permission.
4. Ownership of Content
PPA owns copyrights in all content on the Site (including, without limitation, the text, photographs, illustrations, design, video, audio, and the look and feel) (“Content”). You may not copy, distribute, publicly display, or create derivative works based on, any Content on this Site without the prior express written permission of PPA. You agree to provide a non-exclusive, perpetual, royalty free license to PPA to use any information or other content that you voluntarily submit to PPA for use on the Site.
5. Links to and from Other Web Sites
The Site contains links to and from web sites owned and operated by third parties that are not affiliated with PPA. The existence of any links from PPA’s Site to or from other web sites does not constitute an endorsement or approval of such other sites. You agree that PPA is not responsible in any manner for any loss, damage or claim arising from or relating to Your use of sites that link to or from PPA’s Site.
6. Disclaimer of Warranties
- PPA PROVIDES THIS SITE “AS IS.” PPA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
- PPA SHALL NOT BE RESPONSIBLE FOR ANY LOSS, CLAIM OR DAMAGE THAT IS DIRECTLY OR INDIRECTLY CAUSED BY YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONTENT ON THIS SITE.
- PPA MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE LEGALITY OR ILLEGALITY OF ANY OF THE ACTIVITIES DISCUSSED OR REFERENCED ON THIS WEB SITE.
7. Limitation of Liability
PPA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY CAUSED BY YOUR ACCESS TO OR USE OF THIS SITE OR ANY CONTENT CONTAINED ON THIS SITE. YOU AGREE THAT PPA’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT THAT YOU PAY TO PPA FOR MEMBERSHIP IN THE PPA. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to You.
You agree to indemnify, hold harmless and release PPA (and its respective members, employees, officers, directors, agents, licensors and their respective successors and assigns), from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to Your use or misuse of the Site and any Content contained therein.
9. Changes to the Sites
PPA reserves the right to modify, suspend or discontinue all or any portion of the Site at any time without notice.
10. Breach; Termination
12. Governing Law