Terms and Conditions of Use
Agreement between the User (“you”) and Populore Publishing Company (sometimes referred to herein as “the Company”).
This International Project on Attitudes Toward Human Attributes (IPATHA) Web Site is comprised of various web pages operated by Populore Publishing Company.
The IPATHA Web Site is offered to you contingent on your acceptance without modification of any of the terms, conditions, and notices contained in this section, “Terms and Conditons of Use.” Your use of the IPATHA Web Site constitutes your agreement to all such terms, conditions, and notices.
Modification of these Terms of Use
Populore Publishing Company reserves the right to change the terms, conditions, and notices under which the IPATHA Web Site is offered, including but not limited to the charges associated with the use of the IPATHA Web Site.
Proprietary Rights
The IPATHA Web Site, including but not limited to text, electronic files, content, photographs, video, audio and graphics contained thereon, and other services, collectively referred to as “the Services” herein, are protected by certain Proprietary Rights (as defined below). You hereby agree that, as between you and Populore Publishing Company, the Company is the sole and exclusive owner of all right, title and interest in and to the Services, including, without limitation, all Proprietary Rights relating thereto. You agree to abide by all applicable copyright, trademark and other laws, as well as any additional copyright notices or restrictions contained in the Services. "Proprietary Rights" means any and all of the following: (a) all rights using all technologies, electronic or otherwise and whether now known or hereafter created, associated with works of authorship throughout the Universe, including but not limited to patents, designs, copyrights, moral rights, mask works, algorithms, and other industrial property rights; (b) trademark and trade name rights and similar rights and all business goodwill associated therewith; (c) trade secret rights; (d) all other intellectual and industrial property rights (of every kind and nature throughout the Universe and however designated and whether now known or hereafter created, including, but not limited to, logos, "rental" rights, rights of publicity, and rights to remuneration), whether arising by operation of law, contract, license, treaty or otherwise; and (e) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including without limitation any rights in any of the foregoing).
Content
Except as expressly permitted and/or requested by Populore Publishing Company in writing, you may neither post any materials to the IPATHA Web Site nor copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material from the Site. By submitting content or other material as may be expressly permitted and/or requested by Populore Publishing Company, which may include your member name, to any public area of the Site, including without limitation message boards, forums, contests and chat rooms, you grant Populore Publishing Company and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, publicly perform and display the content (in whole or in part) in any form, media, or technology now known or later developed, without any restrictions based upon moral rights relating thereto. You also represent and warrant to Populore Publishing Company that you own and/or otherwise have any and all rights necessary to grant the foregoing license. You also permit all other IPATHA Web Site users to access, display, view, store and reproduce such content for personal use. Populore Publishing Company reserves the right to remove any and all content or materials posted by you and/or other users of the Services which Populore Publishing Company, in its sole discretion, deems offensive or inappropriate.
Notwithstanding any provisions contained herein to the contrary, by submitting content to any message boards, chat rooms, expert areas, question and answer forums, or any other area on the site you hereby expressly permit Populore Publishing Company to identify you as the contributor of such content in any publication in any form, media or technology now known or later developed in connection with the content, unless you otherwise notify Populore Publishing Company in writing at the time you submit the content.
Restrictions on Use
You may not use the Services for any illegal purpose or in any manner inconsistent with these Terms of Service, and your access to and use of the Services is subject to all applicable international, federal, state and local laws and regulations. You agree to use the Services solely for your own private, noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use this Site or Services for research purposes or to compile lists or any other data based on the services without the express written consent of Populore Publishing Company Inc. You agree not to modify, move, delete or otherwise tamper with the information and other content contained on the IPATHA Web Site.
Except as otherwise expressly permitted by Populore Publishing Company in writing, you may not use, copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, link to and/or frame, sell, license or in any way exploit any part of the services, except that you may download material from the services and/or make one print copy for your own personal, noncommercial use, provided that you do not modify any copyright and other proprietary notices contained therein. You will not spam or send unsolicited mailings to any person or entity using the services and/or Populore Publishing Company's trademark, trade names, logos and/or service marks.
Limited License / Rights Reserved
You acquire absolutely no rights or licenses in or to the Services and/or any other Populore Publishing Company Proprietary Rights other than the limited right to utilize the Services in accordance with the Terms of Service. Except for the limited license expressly granted herein, all present and future Proprietary Rights in and to the Services are reserved by Populore Publishing Company.
Links to Third Party Sites
The IPATHA Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are provided to you only as a convenience but not under the control of Populore Publishing Company. Accordingly, the Company is not responsible for the contents of, changes in, and webcasting or any other form of transmission received from any Linked Site.
No Unlawful or Prohibited Use
As a condition of your use of the IPATHA Web Site, you warrant to Populore Publishing Company that you will not use the IPATHA Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the IPATHA Web Site in any manner that could damage, disable, overburden, or impair the IPATHA Web Site or interfere with any other person’s use and enjoyment of the IPATHA Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the IPATHA Web Site.
Populore Publishing Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Populore Publishing Company’s sole discretion.
Liability Disclaimer
The information, software, products, and services included in or available through the IPATHA web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Populore Publishing Company and/or its suppliers may make improvements and/or changes in the IPATHA web site at any time. Information received via the IPATHA web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Populore Publishing Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, products, services and related graphics contained on the IPATHA Web Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Populore Publishing Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall Populore Publishing Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the IPATHA web site, with the delay or inability to use the IPATHA web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the IPATHA web site, or otherwise arising out of the use of the IPATHA web site, whether based on contract, tort, negligence, strict liability or otherwise, even if Populore Publishing Company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the IPATHA web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the IPATHA web site.
Assignment
Populore Publishing Company may assign its rights and obligations under these Terms of Service and upon such assignment the Company may be relieved of any further obligation hereunder. You shall not assign, delegate or otherwise transfer any rights under this Terms of Service for any reason without the prior express written consent of Populore Publishing Company, which may be withheld in the sole discretion of the Company. Any attempt by you to assign, delegate or transfer any rights under this Terms of Service, either by contract, statute, corporate merger of any sort, regulation or court order, without the prior express written consent of Populore Publishing Company shall be voidable at the Company’s sole discretion.
Termination/Access Restriction
Populore Publishing Company reserves the right, in its sole discretion, to terminate your access to the IPATHA Web Site and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of West Virginia, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Monongalia County, West Virginia, USA in all disputes arising out of or relating to the use of the IPATHA Web Site. Use of the IPATHA Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Populore Publishing Company as a result of this agreement or use of the IPATHA Web Site. Populore Publishing Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Populore Publishing Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the IPATHA Web Site or information provided to or gathered by Populore Publishing Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Populore Publishing Company with respect to the IPATHA Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Populore Publishing Company, or with respect to the IPATHA Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices:
Populore® is the registered trademark of Populore Publishing Company.
All contents of the IPATHA Web Site are: Copyright © 2010 Populore Publishing Company. All rights reserved.
Notices and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider´s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.