| PHILIPSBURGPA.ORG
TERMS OF USE AGREEMENT
The
Philipsburg Revitalization Corporation ("PRC")
has created and maintains www.philipsburgpa.org ("the
Site") in support of its mission to provide education,
information, communication and personal enjoyment
to the public. Access to and use of this Site is subject
to the following terms and conditions ("Terms
and Conditions") and all applicable laws. By
accessing and browsing the Site, you accept, without
limitation or qualification, the Terms and Conditions
and other notices and acknowledge full and complete
acceptance of these terms.
TERMS
AND CONDITIONS
Access
to and use of PRC’s image and text files and
data on this Site are subject to the following Terms
and Conditions:
1.
The text, images, and data on the Site are protected
by copyright and may be subject to other restrictions
as well. PRC and relevant third parties retain all
rights, including copyright, in data, images, audio
and video clips, software, documentation, text, and
other information contained in these files (collectively,
the "Materials"). Users may download Materials
subject to the preceding and following Terms and Conditions,
and subject to any additional terms or restrictions
applicable to the individual file or program, provided
all copyright and other proprietary notices contained
on the Materials are retained.
2.
The Materials are made available for use without permission
only for limited non-commercial personal or educational
use, or for fair use as defined in the United States
copyright laws. Users must cite the author/artist
and source of this Material as they would material
from any printed or other work, and the citation should
include the URL "www.philipsburgpa.org"
in addition to all copyright and other proprietary
notices contained on the Materials. In granting this
limited permission, however, note that PRC does not
warrant or represent that use of Materials displayed
on the Site will not infringe the rights of third
parties not owned by or affiliated with PRC. Copyright
and other proprietary rights in the Materials may
be held by individuals and/or entities other than
PRC, including reproductions of works of art licensed
to PRC by third parties such as artists or artists’
heirs holding rights to these works, or images of
people or places displayed on the Site. Use of these
images by you is prohibited unless specifically permitted
by these Terms and Conditions.
3.
PRC expressly prohibits the use, copying, display,
publication, distribution, transmission, modification,
reposting or exploitation for commercial or public
purposes of any protected Materials on the Site, and
permits only the purposes described above.
4.
While PRC uses reasonable efforts to include accurate
and up-to-date information in this Site, PRC makes
no representations or warranties as to its accuracy.
PRC assumes no liability or responsibility for any
errors or omissions in the content of the Site.
5.
Use of and browsing in the Site are at your risk.
Neither PRC nor any other party involved in creating,
producing, delivering or maintaining the Site is liable
for any direct, incidental, consequential, indirect,
or punitive damages arising out of your access to,
or use of, the Site. Without limiting the foregoing,
all Materials on the Site are provided "AS IS"
WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND/OR NON-INFRINGEMENT. PRC assumes no responsibility,
and shall not be liable for, any damages to, or viruses
that may infect, your computer equipment or other
property on account of your access to, use of, browsing
in, or downloading of any Materials from the Site.
6.
Except where specifically indicated otherwise, any
communication or material you transmit to the Site
by electronic mail or other means, including any data,
questions, comments, suggestions or the like is, and
will be treated as, non-confidential and non-proprietary.
Anything you transmit or post may be used by PRC or
its affiliates or licensees for any purpose, including,
but not limited to, reproduction, disclosure, transmission,
publication, broadcast, posting and the like. PRC
is free to use any ideas, concepts, know-how or techniques
contained in any communication you send to the Site
for any purpose whatsoever, including, but not limited
to, developing, manufacturing and marketing products
using such information.
PERMISSIONS
Any
party wishing to use any of the Materials from the
Site, for any purpose other than the limited purposes
identified above, must request and receive prior written
approval from PRC. Permission for such use is granted
on a case-by-case basis at the sole discretion of
PRC. For inquiries, please contact:
Matt
Price
Philipsburg Main Street Program Manager
Philipsburg Revitalization Corporation
203 North Front Street, Box 4
Philipsburg, PA 16866
814.342.6221
A usage fee may be charged depending on the nature
and type of the proposed use. PRC reserves the right
not to grant permission to use its Materials, and
does not grant permission to use Materials of third
parties.
TRADEMARKS
The
trademarks, online logo marks and service marks ("the
Trademarks") displayed on the Site, including
the Philipsburg Main Street Program and PRC are registered
and/or unregistered Trademarks of PRC. The Trademarks
of third parties may also be displayed on the Site.
Nothing contained in this Site should be construed
as granting, by implication, estoppel, or otherwise,
any right or license to use any Trademark displayed
on the Site without written permission of PRC or any
third party owner of the Trademark displayed on the
Site. Your misuse of the Trademarks displayed on the
Site, including alteration or use out of context,
is strictly prohibited.
LINKS
The
Site may contain links to third party sites. PRC has
not reviewed all of the sites linked to the Site and
is not responsible for any content of any linked site.
Your linking to any off-site pages or to other sites
is at your own risk. PRC provides these links as a
convenience only, and a link does not imply endorsement,
sponsorship or any affiliation with the linked site.
CONTENT
PROVIDED BY USERS
Although
PRC may from time to time monitor or review discussions,
chats, postings, transmissions, bulletin boards and
the like on the Site, PRC is under no obligation to
do so and assumes no responsibility or liability arising
from the content of any such locations nor for any
error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger or inaccuracy
contained in any information within such locations
on the Site. Users are prohibited from posting or
transmitting any unlawful, threatening, libelous,
defamatory, obscene, scandalous, inflammatory, pornographic,
or profane material or any material that could constitute
or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise
violate any law. PRC will fully cooperate with any
law enforcement authorities or court order requesting
or directing PRC to disclose the identity of anyone
posting any such information or materials.
DIGITAL
MILLENNIUM COPYRIGHT ACT
For
purposes of the Digital Millennium Copyright Act ("DMCA"),
17 U.S.C. Sec. 512(c)(2), PRC has designated an agent
for notification of claimed infringement as follows:
Matt Price, PRC, 203 North Front Street, Philipsburg,
PA 16866, (814) 342-6221, mprice@philipsburgpa.org.
PRC provides this contact information for purposes
of the DMCA only and reserves the right to respond
only to correspondence that is relevant to the purposes
of DMCA compliance.
APPLICABLE
LAW AND JURISDICTION
The
Site (excluding links to Web Sites operated by others)
is controlled and operated by PRC from its offices
in Philipsburg, PA. Although PRC has made no effort
to publish the Site elsewhere, it is accessible in
all fifty U.S. states and in other countries due to
its presence on the Worldwide Web. As each of these
states and countries have laws which may differ from
those of Pennsylvania and from each other, and as
you and PRC both benefit from establishing a predictable
legal environment in which to publish, access and
use PRC's Web Site, by publishing, accessing, and/or
using the Site you agree that all matters arising
from or relating to the use and operation of the Site
will be governed by the laws of the State of Pennsylvania,
without regard to its conflict of laws principles.
You agree that all claims you may have arising from
or relating to the operation or use of the Site will
be heard and resolved in the courts of Centre County,
Pennsylvania. You consent to personal jurisdiction
of such courts over you, stipulate to the fairness
and convenience of proceeding in such courts, and
covenant not to assert any objection to proceeding
in such courts. If you choose to access the Site from
locations other than Philipsburg, Pennsylvania, you
will be responsible for compliance with all local
laws of such other locations.
INDEMNITY
You
agree to indemnify, defend, and hold PRC, its trustees,
officers, agents, and employees harmless from all
claims, causes, allegations, costs, expenses, fees
(including reasonable attorneys' fees), judgments,
liabilities, losses and damages arising from or relating
to your use of or operation of the Site.
WAIVER
Any
waiver of any provision of this Agreement must be
in writing and signed by an authorized representative
of PRC.
PRC may at any time revise these Terms and Conditions
and other notices contained herein by updating this
posting. You are bound by such revisions and should
periodically visit this page to review the then-current
Terms and Conditions.
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