Terms and Conditions
These Terms and Conditions (“Terms”) are effective as of March 3, 2009.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
These Terms are entered into by and between you and Review Publishing Limited Partnership, a Pennsylvania limited partnership and the publisher of Philadelphia Weekly (“PW” or “we” or “us”). These Terms incorporate the separately posted Privacy Policy.
The www.philadelphiaweekly.com website (the “Site”) is operated by PW and hosted in the United States. Your access to and use of the Site, including those features (“Site Features” and together with the Site, the “Service”) available only to registered users (each a “Registered User”) who create an account (“Account”) on the Site are governed by these Terms. This is a legally binding agreement applicable to your use of the Service. Your accessing and using any of the Service, whether as a visitor or a Registered User, constitutes your acknowledgement that you have read, understood and agree to be bound by these Terms. A “User” means either a visitor or Registered User. If you do not agree to be bound by these Terms and all applicable laws you are required to leave the Site and discontinue use of the Service. To become a Registered User you are required affirmatively to provide your acceptance of these Terms and the Privacy Policy during the registration process.
Changes to Terms
We reserve the right, in our sole discretion, at any time and without prior notice, to change these Terms and changes may include the addition of new terms or the modification or deletion of existing terms. Any changes will be posted on this Site as part of the Terms and will be effective immediately. The date of the last revision of the Terms will appear at the top of these Terms. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms whether or not you have reviewed the new Terms. It is your responsibility to regularly check this page and review the Terms for changes.
Users
Visitors may visit the Site but will not be able to access the Site Features unless they chose to become a Registered User and create an Account. This Site is not intended for use by persons under the age of thirteen (13). By using the Service, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement. Use of the Service is void where prohibited.
Term and Termination
PW shall have the right to terminate or deactivate your Account at any time, in its sole discretion, without notice, for any or no reason which may include eliminating your access to the Service, and removing any User Content (as hereinafter defined) or information that you have uploaded, transmitted, published, displayed or otherwise made available (collectively, “Post”) on the Service. PW retains the right to discontinue the operation of any or all of the Service, at any time, in its sole discretion, without notice for any or no reason.
The restrictions imposed on you, the disclaimers, indemnities and limitations of liability contained in these Terms will survive any termination of the Service (or your access thereto).
Account Security
You agree to provide complete and correct information about yourself as may be prompted by any forms on the Service, including any forms or information requests in connection with the creation of your Account ("Account Data") and to timely update any Account Data or other information you provide to PW so that it continues to be complete and correct. You are required to keep your username and password secure and agree not to disclose your password to any third party. You agree to notify PW immediately if you suspect or become aware of any unauthorized use of your Account or disclosure of your password. You are responsible for any use of your Account and for any transactions that take place using your Account, whether authorized or unauthorized. You agree not to use any other person’s Account, username or password.
PW Content
Certain text, images, designs, photographs, graphics, data, files, images, sounds, musical works, works or authorship and other materials, including their selection and arrangement (collectively, the "Content") are the property of PW or its advertisers or partners or licensors (“PW Content”), except that as between PW and any User, Content furnished by a User (“User Content”) remains the property of that User. The PW Content is protected by copyright, trademark, patent, trade secret and other applicable laws. PW retains all rights in the PW Content and grants you a limited, revocable license, without a right to sublicense, for the limited purpose of reviewing material on the Service, to reproduce (including downloading and printing) one copy of any Content for your personal, non-commercial use and for the limited purpose of reviewing Content on the Service to display, perform and use any Content that you are permitted to access in connection with your viewing and use of the Service for your personal, non-commercial use, provided that in all cases you maintain all copyright or other proprietary notices as contained on the applicable Content. PW may terminate this license at any time, in its sole discretion, without notice and for any or no reason. Except as otherwise permitted herein, you may not with respect to any Content other than your own User Content, alter, modify, revise, copy, distribute, reproduce, republish, display, transmit, sell or take any other similar action, in any manner, in whole or in part, without PW’s prior written consent.
User Content
You are responsible for any User Content that you Post through the Service. You may only Post User Content that you own or that you have permission from the owner to use. PW may, but has no obligation, to periodically review the Service and remove, at any time, in its sole discretion, without notice for any or no reason and this may include the removal of Content or User Content, including the removal of User Content that in PW’s opinion violates these Terms in any manner. PW is not responsible for any User Content that is removed or deleted and it is your responsibility to retain your own copies of any User Content or information that you provide to PW or otherwise Post through the Service.
As between you and PW, your User Content is owned by you and you retain any intellectual property rights associated with your User Content, if any. You agree that PW may and you authorize PW to make and retain copies of any User Content that you Post through the Service as may be necessary, in PW’s sole discretion, for the operation and maintenance of the Service. When you Post any User Content, you automatically grant to PW, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, perform, display, reformat, and distribute your User Content for any purpose, commercial, advertising, or otherwise in connection with the Service or their promotion, to prepare derivative works or incorporate into other works, and PW may grant sublicenses in any of the foregoing. You represent and warrant that you have the right to grant the foregoing license and that your User Content does not violate any rights, including intellectual property rights, of any person or entity.
You may remove certain User Content from the Service at any time. The license granted above will continue after any removal of your User Content from the Service. PW is permitted to retain achieved copies of any User Content that is removed. After removal, your User Content may still be viewable (e.g., in achieved or cached pages or in copies that were printed or saved by other Users).
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information ("Submissions"), provided by you to PW in any manner are non-confidential and shall become the sole property of PW. PW shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyrights and Trademarks
Except as otherwise indicated, all PW graphics, logos, designs, page headers, scripts and service names and similar items are registered trademarks, trademarks or trade dress of PW in the U.S. and/or other countries or are otherwise protected (“Marks”). PW's Marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PW.
Conduct
You represent, warrant and agree that no materials including User Content of any kind that you submit through your Account or otherwise transmit, or share on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
You agree not to Post any User Content or otherwise use the Service to:
The Service allow Registered Users to Post and make viewable by other Users, such Registered User’s User Content and share information with other Users. You acknowledge and agree that your use of the Service and any User Content that you upload and make available to other Users are subject to, and will fully comply with these rules of required conduct above and the other terms and conditions set forth in these Terms. PW reserves the right to terminate the Account of any Registered User that violates this provision.
Procedure for Claims of Infringement
If you believe your rights under United States or international copyright laws are being violated by any material appearing on or through the Service, please send us written notice addressed Attention: Copyright Agent at 1500 Sansom Street, 3rd Floor, Philadelphia, Pennsylvania 19102. Your notice should contain (i) your name, address, telephone number and e-mail address; (ii) a description of the copyrighted work or other intellectual property that you believe has been infringed; (iii) the location where the material from (ii) can be found on the Service; (iv) a statement that you have a good faith belief that the copyright or intellectual property owner, its agent or the law has not authorized the disputed use; (v) a statement made by you under penalty of perjury that you are the owner of the copyright or other intellectual property or are authorized by the owner to act on his behalf; and (vi) your physical or electronic signature.
PW will investigate the situation and if warranted, take appropriate action such as removing the infringing material from the Service.
Third Party Websites and Content
The Service may contain links to third party (“Third Party”) websites and may include Content of a Third Party (“Third Party Content”). PW is not responsible for any Third Party website or Third Party Content that you may access through the Service. The fact that any Third Party website or Content is accessible via the Service does not imply approval or endorsement by PW of the Third Party and its practices and services or otherwise. You visit any Third Party website via a link from the Service or use any Third Party Content at your own risk. These Terms are not applicable to any Third Party website or Third Party Content. It is your responsibility to review the terms applicable to the Third Party’s website or Third Party Content.
Accounts
THESE TERMS PERMIT YOU AND ANY OTHER PERSON OR ENTITY THAT SO CHOOSES TO CREATE AN ACCOUNT AND USE THE SITE FEATURES ONE OF WHICH IS THE ABILITY TO POST VIDEO, PHOTOS AND AUDIO CLIPS. PW MAY, BUT IS UNDER NO OBLIGATION TO MONITOR A REGISTERED USER’S USE OF ITS ACCOUNT AND IS NOT RESPONSIBLE FOR ANY USER CONTENT OR ANY USE OF THE SERVICE BY USERS, INCLUDING ANY ACTIVITY BETWEEN USERS, AND INCLUDING ANY DISPUTES AND HOW ANY USER COLLECTS, HANDLES, USES AND / OR SHARES ANY INFORMATION OR USER CONTENT THAT MAY BE ACCESSIBLE TO THE USER THROUGH THE USER’S USE OF THE SERVICE. IT IS YOUR RESPONSIBILITY TO CAREFULLY CONSIDER WHAT INFORMATION AND USER CONTENT YOU POST OR MAKE AVAILABLE TO OTHER USERS THROUGH YOUR USE OF THE SERVICE. PLEASE SEE THE PRIVACY POLICY FOR A DESCRIPTION OF HOW PW HANDLES YOUR PERSONAL INFORMATION.
Disclaimer of Warranties and Other
THE SERVICE, ANY PW CONTENT OR USER CONTENT, ANY LINKED WEBSITE, AND ANY PRODUCTS SOLD THROUGH THE SERVICE ARE PROVIDED "AS-IS" AND PW DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PW CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. PW MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICE, ANY LINKED WEBSITE, ANY PW CONTENT, USER CONTENT OR OTHER MATERIAL, INCLUDING THE AVAILABILITY OF OR THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OF ANY OF THE FOREGOING.
PW DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO OR USE OF THE SERVICE, PW CONTENT, USER CONTENT OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, PW CONTENT, USER CONTENT OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACCESS AND USE (AS PERMITTED BY THESE TERMS) PW CONTENT, USER CONTENT AND OTHER MATERIAL FROM THE SERVICE AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY RESULTING DAMAGES OR LOSSES.
Limitation on Liability
IN NO EVENT WILL PW OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST INFORMATION OR DATA ARISING FROM YOUR USE OF THE SERVICE OR FROM ANY OF THE PW CONTENT, USER CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, EVEN IF PW IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PW'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO THE PURCHASE OF A PRODUCT OR SERVICES (INCLUDING WITHOUT LIMITATION ADVERTISEMENTS) FROM PW THROUGH THE SERVICE SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SPECIFIC PRODUCT AND PW'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO THE SERVICE, OTHER THAN THE PURCHASE OF PRODUCTS, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SPECIFIC SERVICE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO PW FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY. UNDER NO CIRCUMSTANCES OR IN ANY CASE, HOWEVER, SHALL PW’S LIABILITY TO YOU EXCEED $50.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law; Venue and Jurisdiction
These Terms shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws. You and PW agree to submit to the sole and exclusive jurisdiction of the state and federal courts located in Philadelphia, Pennsylvania for any dispute, action or proceeding arising out of, in connection with or related to, these Terms, your use of the Service or any products or service you purchase using the Service and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Philadelphia, Pennsylvania.
EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE, ACTION, PROCEEDING OR LITIGATION ARISING OUT OF, IN CONNECTION WITH or related to, these Terms, your use of the Service or any products or service you purchase using the Service. each party certifies that no representative or agent of either party has represented or otherwise indicated that such party would not seek to enforce this waiver of right of a jury trial in the event of any DISPUTE, ACTION, PROCEEDING OR LITIGATION. EACH OF THE PARTIES AGREES THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR ENTERING INTO THESE TERMS.
Indemnity
You agree to defend, indemnify and hold PW, its subsidiaries, affiliates, related entities, corporate sponsors, partners and each of their respective directors, officers, agents, contractors, partners and employees, harmless from and against all claims, losses, damages, liabilities, demands, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any your breach of these Terms, your use of the Service, including your purchase of any products or services using the Service or in any way related to your use of the Service.
Miscellaneous
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and the Service, and supersede all prior agreements whether written or oral between the parties with respect to the subject matter hereof and the use of the Service. No waiver by PW of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default and any delay or failure by PW in exercising or enforcing any of its rights under these Terms shall not constitute a waiver of any such right. If any provision of these Terms shall be unlawful, void or unenforceable, the remainder of these Terms shall continue in full force and effect. Headings are provided for convenience only and have no legal or contractual effect. Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter.
Access to or use of the Service shall not be construed as the purposeful availment by PW of the privilege or benefit of doing business in any state or legal jurisdiction other than the Commonwealth of Pennsylvania.
