terms & conditions of use
1. RIGHTS AND CONDITIONS
You may access and view the Content on your computer or other Internet compatible device, and use the services and products offered on the Site solely in connection with your personal, non-commercial use. In addition, you may make single copies or prints of the Content on the Site for your personal, internal use only. Any commercial distribution, publishing or exploitation of the Site, or any Content on the Site, is strictly prohibited unless you have received the express prior permission of PANYL or the applicable rights holder. You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, reverse engineer, create derivative works from, sell or otherwise exploit any Content on the Site. If you make other use of the Site, or the Content thereon, except as otherwise provided above, you may be violating copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. PANYL will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. We will not be responsible or liable for any loss or damage arising from your failure to comply with any of the foregoing restrictions or conditions.
The content made available on the Site, including text, images, graphics, logos, designs, audio, video and other information, code, data and materials (the “Content”) is provided to you without charge as a convenience and for your information only. Content will have a variety of origins, including product information generated and provided by us, your Submitted Materials, submissions of other users and information, data and materials of third parties. The statements and views of the authors of Content submitted by other users or third parties are theirs alone, and are neither endorsed by, nor intended to reflect the views or policies of PANYL. Furthermore, we do not provide any warranty that the Content is or will be:
• accurate or complete;
• current (or that it will be updated);
• error free (either technically or with respect to typographical errors); and/or
• free from interruptions, errors, computer viruses or other harmful components.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s services are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
In order to use certain services offered on the Site you will have to register with the Site. If you elect to register with the Site you will: (a) agree to submit complete, accurate, and current information and data about you as required during the registration process (the “Registration Information”); and (b) maintain and promptly update Registration Information. If you submit any information that is inaccurate or incomplete, or PANYL has a reasonable belief to suspect that such is the case, PANYL has the right to suspend or terminate your account and use of the account immediately.
As part of the registration process, you may be issued dual authentication credentials in the form of a unique user identification (“User Name”) and a password (“Password”). Your commitment to maintaining the strict confidentiality of that information is a material condition of your access and use of the Site including the services. You must not use or allow others to use your User Name and Password and you agree to: (a) immediately notify us of any unauthorized use of your User Name or Password account or any other breach of security related to the Site; and (b) ensure that you log-off and exit from your account at the end of each session. It is also your responsibility to notify us if you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
6. SUBMITTED MATERIALS
7. PROHIBITED USER CONDUCT
You warrant and agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) retrieve, alter, or destroy Content on, from or through the Site; (b) probe, scan or test the vulnerability of a system or network on, from or through the Site; (c) breach or defeat system or network security measures on, from or through the Site such as authentication, authorization, confidentiality, intrusion, detection or monitoring; (d) interfere with or disrupt the Site or our business, operations or services; (e) interfere with or disrupt any computer, host, network, or telecommunications device we maintain or which is maintained by any of our third party suppliers; (f) remove, modify or obscure any proprietary rights notices that we place on any component of the Site; (g) interfere with or disrupt the legitimate use of the Site by any person; (h) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, any information residing on any server or database connected to the Site or any services offered on or through the Site; (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (j) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or constitutes or contains false or misleading indications of origin, endorsement or statements of fact or is fraudulent, libelous, defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party; (k) violate the privacy rights of any party under applicable law or regulation; (l) use any technology that is or reasonably should be known to contain software viruses, Trojan horses, or any computer code, files, or programs designed to disrupt, destroy, invade, gain unauthorized access to, corrupt, observe, or modify without authorization, any of our data, software, computing or network devices, or telecommunications equipment, or those of any authorized user; or (m) use the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as “spam”) or commercial electronic messages, even if previously solicited by the intended recipient, including by inserting your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services including chain letters or pyramid schemes of any kind.
8. PUBLIC FORUMS
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.
9. RIGHT TO MONITOR AND EDITORIAL CONTROL
10. ORDERS FOR PRODUCTS AND SERVICES
We may make certain products available to visitors and registrants of the Site. You may only order products if, and you hereby represent and warrant that, you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
11. THIRD PARTY WEB SITES
12. DISCLAIMER, LIABILITY AND INDEMNITY
IN ALL EVENTS, THE SITE, ITS CONTENT AND ANY OTHER INFORMATION, PRODUCTS OR SERVICES ON IT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
We control and operate the Site within the United States of America (the “United States”). We do not represent that the Site or its content, including the services are appropriate or lawful for use in other locations or that our operation (including our processing and handling of Submitted Materials) will comply with all local laws. Users who choose to access the Site from outside the United States or provide Submitted Materials as citizens of non-U.S. jurisdictions, do so of their own initiative, and are responsible for compliance with local laws, if and to the extent applicable.
NEITHER PANYL NOR ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR REPRESENTATIVES (the “PANYL Parties”), SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, ITS CONTENT, OR SERVICES THAT YOU ACCESS THROUGH PANYL.
13. INTELLECTUAL PROPERTY RIGHTS
As between you and PANYL, we own, are the exclusive owners of all rights, title and interest, including intellectual property rights (including copyrights, patents and trademarks), proprietary rights (including trade secrets and data base rights) and moral rights (including rights of attribution and authorship) throughout the world in and to the Site, its look and feel, design and organization, and the compilation of the content, code, data and materials thereon.
14. COPYRIGHT AGENT
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to PANYL’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
• Your address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• A 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;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• 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.
455 9th St
Brooklyn, NY 11215
voice: (888) 788-2426
fax: (888) 788-2426
15. TERM AND TERMINATION