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SOVEREIGN STORIES WEB SITE
USER POLICY
TERMS OF USE and NOTICES
AGREEMENT BETWEEN WEB SITE USER AND PIC
The Pacific Islanders in Communications ("PIC") Web Site is comprised
of various Web sites and Web pages operated by PIC or its affiliates
(collectively, the "PIC Web Sites"). The PIC Web Sites
are offered to you conditioned on your acceptance without modification
of the terms, conditions, and notices contained herein. Your use
of the PIC Web Sites constitutes your agreement to all such terms,
conditions, and notices. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE PIC WEB SITES. BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE.
Your use of a particular PIC Web Site included within the PIC Web
Sites may also be subject to additional terms outlined elsewhere
in this user agreement. Additionally, the PIC Web Sites may themselves
contain additional terms that govern particular features or offers
(for example, e-commerce, sweepstakes or special offers). In the
event that any of the terms, conditions, and notices contained herein
conflict with the Additional Terms or other terms and guidelines
contained within any particular PIC Web Site, then these terms shall
control.
Click on the links included below for specific terms and conditions,
which govern these additional PIC web sites and/or services:
- PRIVACY AND PROTECTION OF PERSONAL INFORMATION
- MEMBER ACCOUNT, PASSWORD, AND SECURITY
- MODIFICATION OF THESE TERMS OF USE
- PERSONAL AND NON-COMMERCIAL USE LIMITATION
- LINKS OR ADVERTISING OF THIRD PARTY SITES
- NO UNLAWFUL OR PROHIBITED USE
- USE OF SERVICES
- LIABILITY DISCLAIMER
- STORAGE SPACE AND OTHER LIMITATIONS
- SERVICE CONTACT
- TERMINATION/ACCESS RESTRICTION
- LANGUAGE
- GENERAL
- COPYRIGHT AND TRADEMARK NOTICES
- CLAIMS OF COPYRIGHT INFRINGEMENT
- STATISTICS
- NO PROFESSIONAL ADVICE
- SHOPPING
- SPECIFIC RESTRICTIONS ON USE OF ASSOCIATED
PRESS MATERIAL
- AUCTIONS : ELIGIBILITY;
AUTHORIZED USE
- FEES; PAYMENT
- USING PARTNER SERVICES
- UNSUBSCRIBE
- INDEMNIFICATION
USER POLICY
1. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
For disclosures relating to the collection and use of your information,
the PIC Web Sites follow the guidelines as dictated by the PIC Web
Site Privacy Policy. (include link).
2. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular PIC Web Site requires you to use a password, you
must be registered and approved by the PIC permission process by
providing the PIC webmaster with current, complete, and accurate
information. You will then be given a password and username. If provided,
you are entirely responsible for maintaining the confidentiality
of your password and account. We reserve the right to stop the functionality
of your username and password at any time.
Furthermore, you are entirely responsible for any and all activities
that occur under your account. You agree to notify PIC immediately
of any unauthorized use of your account or any other breach of security.
PIC will not be liable for any loss that you may incur as a result
of someone else using your password or account, either with or without
your knowledge. However, you could be held liable for losses incurred
by PIC or another party due to someone else using your account or
password. You may not use anyone else's account at any time without
the permission of the account holder, but all users must be registered
with the PIC office.
3. MODIFICATION OF THESE TERMS OF USE
PIC reserves the right to change the terms, conditions, and notices
under which the PIC Web Sites/Services are offered without notice,
including but not limited to the charges associated with the use
of the PIC Web Sites. You are responsible for regularly reviewing
these terms and conditions and additional terms posted on particular
web sites. Your continued use of the PIC Web Sites constitutes your
agreement to all such terms, conditions, and notices.
4. PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the PIC Web Site/Services are for you
and your organization's informational and non-commercial use. You
may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell
any content, information, software, products or services obtained
from the PIC Web Sites/Services.
5. LINKS OR ADVERTISING OF THIRD PARTY SITES
The PIC Web Sites/Services may contain links to third party Web
Sites ("Linked Sites"). The Linked Sites are not under
the control of PIC and PIC is not responsible for the contents of
any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site, regardless
of whether or not PIC is affiliated with sponsors of the site. PIC
is not responsible for web casting or any other form of transmission
received from any Linked Site nor is PIC responsible if the Linked
Site is not working appropriately. PIC is providing these links to
you only as a convenience, and you access them at your own risk.
The inclusion of any link does not imply endorsement by PIC of the
site or any association with its operators. You are responsible for
viewing and abiding by the privacy statements and terms of use posted
at the Linked Sites.
PIC welcomes links to this site. You may establish a hypertext link
to this site, provided that the link not state or imply any sponsorship
or endorsement of your site by PIC. You may not use on your site
trademarks, service marks or copyrighted materials appearing on the
PIC Web Sites, including but not limited to any logos or characters,
without the express written consent of the owner of the mark or right.
You may not frame or otherwise incorporate into another web site
any of the content or other materials of this site without prior
written consent.
Any of your dealings with third parties (including advertisers)
included within the PIC Sites/Services or your participation in promotions,
including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations associated
with such dealings or promotions, are solely between you and the
advertiser or other third party. You agree that PIC shall
not be responsible or liable for any part of any such dealings or
promotions or as the result of the presence of such sponsors
on the PIC Web Sites.
Managers and hosts are not authorized PIC spokespersons, and their
views do not necessarily reflect those of PIC.
6. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the PIC Web Sites, you will not use
the PIC Web Sites for any purpose that is unlawful or prohibited
by these terms, conditions, and notices. You may not use the PIC
Web Sites in any manner which could damage, disable, overburden,
or impair any PIC Web Site (or the networks connected to any PIC
Web Site) or interfere with any other party's use and enjoyment of
any PIC Web Site. You may not attempt to gain unauthorized access
to any PIC Web Site, other accounts, computer systems or networks
connected to any PIC Web Site, through hacking, password mining or
any other means. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made available
through the PIC Web Site.
7. USE OF SERVICES
The PIC Web Site may contain e-mail services, bulletin board services,
chat areas, news groups, forums, communities, personal web pages,
calendars, photo albums, file cabinets and/or other message or communication
facilities designed to enable you to communicate with others (collectively, "Communication
Services"). You agree to use the Communication Services only
to post, send and receive messages and material that are proper and,
when applicable , related to the particular Communication Service.
You agree that when using a PIC Web Site and Communication Service,
you will not :
1) Use the Communication Service in connection with surveys,
contests, pyramid schemes, chain letters, junk email, spamming
or any duplicative or unsolicited messages (commercial or otherwise)
that are not approved by PIC.
2) Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of others.
3) Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful
topic, name, material or information.
4) Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy or publicity)
unless you own or control the rights thereto or have received all
necessary consents to do the same.
5) Upload files that contain viruses, Trojan horses, worms,
time bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another's computer
or property of another.
6) Advertise or offer to sell or buy any goods or services
for any business purpose, unless such Communication Service specifically
allows such messages.
7) Download any file posted by another user of a Communication
Service that you know, or reasonably should know, cannot be legally
distributed in such manner.
8) Falsify or delete any author attributions, legal or other
proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that
is uploaded.
9) Restrict or inhibit any other user from using and enjoying
the Communication Services.
10) Violate any code of conduct or other guidelines that
may be applicable for any particular Communication Service.
11) Harvest or otherwise collect information about others,
including e-mail addresses.
12) Violate any applicable laws or regulations.
13) Create a false identity for the purpose of misleading
others.
14) Use, download or otherwise copy, or provide (whether
or not for a fee) to a person or entity any directory of users
of a PIC Web Site/Communication Service(s) or other user or usage
information or any portion thereof.
PIC has no obligation to monitor the Communication Services. However,
PIC reserves the right to review materials posted to a Communication
Service and to remove any materials at its sole discretion. PIC reserves
the right to terminate your access to any or all of the Communication
Services at any time, without notice, for any reason whatsoever.
PIC reserves the right at all times to disclose any information
as PIC deems 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,
at PIC's sole discretion.
Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. PIC
does not control or endorse the content, messages or information
found in any Communication Services and, therefore, PIC specifically
disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication
Services. Materials uploaded to a Communication Service may be subject
to posted limitations on usage, reproduction and/or dissemination,
and you are responsible for adhering to such limitations if you download
the materials.
MATERIALS PROVIDED TO PIC OR POSTED AT ANY PIC WEB SITE
PIC does not claim ownership of the materials you provide to PIC
(including feedback and suggestions) or post, upload, input or submit
to any PIC Web Site/Communication Service or its associated services
for review by the general public (each a "Submission" and
collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting
PIC, its affiliated companies and necessary sublicenses the royalty-free,
perpetual, irrevocable, non-exclusive and fully sublicensable right
and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such
Submissions (in whole or part) worldwide and/or to incorporate it
in other works in any form, media, or technology now known or later
developed. You agree that you shall have no recourse against PIC
for any alleged or actual infringement or misappropriation of any
proprietary right in your communication or Submission to PIC.
No compensation will be paid with respect to the use of your Submission,
as provided herein. PIC is under no obligation to post or use any
Submission you may provide and PIC may remove any Submission at any
time at its sole discretion.
By posting, uploading, inputting, providing or submitting your Submission,
you warrant and represent that you own or otherwise control all of
the rights to your Submission as described in this section including,
without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Submissions.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States
or the country in which you reside.
8. LIABILITY DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PIC WEB
SITES/COMMUNICATION SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE PIC WEB SITES/COMMUNICATION
SERVICES AND TO THE INFORMATION THEREIN. PIC AND/OR ITS RESPECTIVE
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PIC WEB SITES/COMMUNICATION
SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE PIC WEB SITES/COMMUNICATION
SERVICES 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.
THE PIC CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK
OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN
THE PIC WEB SITES/COMMUNICATION SERVICES FOR ANY PURPOSE. ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PIC AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT PIC SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL
OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS
ENTERED INTO THROUGH A PIC WEB SITE/COMMUNICATION SERVICE. YOU SPECIFICALLY
AGREE THAT PIC IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING,
DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY
OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL
PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PIC IS NOT RESPONSIBLE
FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A PIC WEB SITE/COMMUNICATION
SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL PIC 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 PIC WEB SITES/COMMUNICATION SERVICES,
WITH THE DELAY OR INABILITY TO USE THE PIC WEB SITES/COMMUNICATION
SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE PIC WEB SITES/COMMUNICATION
SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE PIC web SITES/COMMUNICATION
SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF PIC 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 PIC WEB SITES/COMMUNICATION SERVICES, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE PIC WEB SITES/COMMUNICATION SERVICES.
9. STORAGE SPACE AND OTHER LIMITATIONS
The amount of storage space per user is limited for each PIC Web
Site/Communication Service that provides such storage. Some messages
may not be processed due to space constraints or may be postponed
in delivery or outbound message limitations. You agree that PIC is
not responsible or liable for the deletion or failure to receive
messages, store messages, or other information.
10. SERVICE CONTACT: The PIC
office (808) 591-0059.
11. TERMINATION/ACCESS RESTRICTION
PIC reserves the right, at its sole discretion, to terminate your
access to any or all PIC Web Sites/Communication Services and the
related services or any portion thereof at any time, without notice.
PIC may also terminate or suspend your access to PIC Web Sites/Communication
Services for inactivity, which is defined as failing to log into
a particular service for an extended period of time, as determined
by PIC. Upon termination of the PIC Web Sites/Communication Services,
your right to use the PIC Web Sites/Communication Services immediately
ceases. PIC shall have no obligation to maintain any content or to
forward any unread or unsent messages to you or any third party,
but will to the best of its ability, maintain and forward content
as requested.
12. LANGUAGE
It is the express will of the parties that this agreement and all
related documents have been drawn up in English.
13. GENERAL
The laws of the State of Hawai'i, U.S.A, govern this agreement.
You hereby irrevocably consent to the exclusive jurisdiction and
venue of courts in Honolulu, Hawai'i USA. in all disputes arising
out of or relating to the use of the PIC Web Sites/Communication
Services. Use of the PIC Web Sites/Communication Services 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 PIC as a result of this agreement
or use of the PIC Web Sites/Communication Services. You agree to
indemnify and hold PIC, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim, demand, or damage, including
reasonable attorneys' fees, asserted by any third party due to or
arising out of your use of or conduct on the PIC Web Sites/Communication
Services.
PIC reserves the right to disclose any personal information about
you or your use of the PIC Web Sites/Communication Services, including
its contents, without your prior permission if PIC has a good faith
belief that such action is necessary to:
1) Conform to legal requirements or comply with legal process;
2) Protect and defend the rights or property of PIC or its
affiliated companies;
3) Enforce the terms or use; or
4) Act to protect the interests of its members or others.
PIC's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in
derogation of PIC's right to comply with governmental, court and
law enforcement requests or requirements relating to your use of
the PIC Web Sites/Communication Services or information provided
to or gathered by PIC 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 PIC with respect to the PIC
Web Sites/Communication Services and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written,
between the user and PIC with respect to the PIC Web Sites/Communication
Services. 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.
14. COPYRIGHT AND TRADEMARK NOTICES
The entire contents of the PIC Web Sites are protected by international
copyright and trademark laws and may be protected by one or more
U.S. patents, foreign patents or pending applications. The owner
of the copyrights and trademarks are PIC, its affiliates or other
third party licensors. You acknowledge and agree that the PIC Web
Sites contain proprietary and confidential information that is protected
by applicable intellectual property and other laws. Any rights
not expressly granted herein are reserved.
15. CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement can be sent to: info@piccom.org
*SPECIAL NOTE *** ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING
PROCEDURE WILL RECEIVE NO RESPONSE.
NOTE : THE FOLLOWING INFORMATION IS PROVIDED
EXCLUSIVELY FOR NOTIFYING PIC THAT YOUR COPYRIGHTED MATERIAL
MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS
FOR TECHNICAL ASSISTANCE, REPORTS OF E-MAIL ABUSE, AND PIRACY REPORTS,
WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. For
other inquiries, contact the PIC office.
Written notification must be submitted to the following
Designated Agent:
Pacific Islanders in Communications
Executive Director
1221 Kapi'olani Blvd. Suite 6A-4
Honolulu, HI 96814-3513
(808) 591-0059
info@piccom.org
To be effective, the Notification must include the
following:
1) A physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed;
2) Identification of the copyrighted work claimed to have
been infringed, or if multiple copyrighted works at a single online
site are covered by a single Notification, a representative list
of such works at that site;
3) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material;
4) Information reasonably sufficient to permit the service
provider to contact the Complaining Party, such as an address,
telephone number, and, if available, an electronic mail address
at which the Complaining Party may be contacted;
5) A statement that the Complaining Party has a good faith
belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law;
6) A statement that the information in the Notification is
accurate, and under penalty of perjury, that the Complaining Party
is authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
Upon receipt of the written Notification containing the information
as outlined in 1 through 6 above:
1) PIC shall remove or disable access to the material that
is alleged to be infringing;
2) PIC shall in its best effort forward the written Notification
to such alleged infringer.
3) PIC shall take reasonable steps to promptly notify the
alleged infringer that it has removed or disabled access to the
material.
Counter Notification :
To be effective, a Counter Notification must be a written communication provided
to the PIC's Designated Agent that includes substantially the following:
1) A physical or electronic signature of the Subscriber;
2) Identification of the material that has been removed or
to which access has been disabled and the location at which the
material appeared before it was removed or access to it was disabled;
3) A statement under penalty of perjury that the Subscriber
has a good faith belief that the material was removed or disabled
as a result of mistake or misidentification of the material to
be removed or disabled;
4) The Subscriber's name, address, and telephone number,
and a statement that the Subscriber consents to the jurisdiction
of Federal District Court for the judicial district in which the
address is located, or if the Subscriber's address is outside of
the United States, for any judicial district in which the Service
Provider may be found, and that the Subscriber will accept service
of process from the person who provided Notification or an agent
of such person
Upon receipt of a Counter Notification containing the information
as outlined in 1 through 4 above:
1) PIC shall promptly provide the Complaining Party with
a copy of the Counter Notification;
2) PIC shall inform the Complaining Party that it will replace
the removed material or cease disabling access to it within ten
(10) business days;
3) PIC shall replace the removed material or cease disabling
access to the material within ten (10) to fourteen (14) business
days following receipt of the Counter Notification, provided PIC's
Designated Agent has not received notice from the Complaining Party
that an action has been filed seeking a court order to restrain
the alleged infringer from engaging in infringing activity relating
to the material on PIC's Web Sites/Communication Services.
16. STATISTICS
Periodically, statistics or survey results may be provided by PIC
or its project partners to help facilitate issues related to filmmaking.
The accuracy of the statistics as obtained is assumed to be correct,
but is not guaranteed. No inferences should be drawn regarding the
likelihood of an event occurring or not occurring at a particular
location based on the statistics or published.
17. NO PROFESSIONAL ADVICE
The information appearing in email alerts is intended solely as
general information, and does not constitute legal, tax, accounting
or other professional advice. State law, in part, guides contracts,
closing procedures and disclosures. Individual situations and state
laws vary and users are encouraged to obtain appropriate advice from
qualified professionals in the applicable jurisdictions.
18. SHOPPING
PIC may provide the merchants' links to you and various links throughout
PIC. However, each individual merchant participating at PIC is responsible
for setting and explaining their individual shipping, return, security
and other policies applicable to shopping in their stores and purchasing
their products. PIC does not guarantee, warrant or endorse any product
or service sold by a merchant unrelated to PIC, nor do we have any
liability or responsibility for the quality or performance of any
product or service sold to you by any merchant. The purchase of any
product or service from a merchant at PIC Shopping is a transaction
solely between you and that merchant, and any question or dispute
you may have regarding any such product or service should be addressed
directly to the responsible merchant. PIC has no responsibility or
liability for any merchant or your relationship with such merchant.
You are responsible for paying the entire amount due on your purchase,
including any applicable taxes, shipping and other charges assessed
by the merchant. With respect to applicable taxes, the merchant will
advise you subsequently of the exact amount of tax due on your purchase.
PIC has no responsibility whatsoever for any miscalculation or omission
by a merchant of applicable taxes on any sale.
You represent and warrant that you are at least 18 years of age
if required on a linked site and that you possess the legal right
to use PIC or its partner links in accordance with the stated terms
and usage policies. You hereby agree to supervise usage by, and be
responsible for the actions of, any minors who use your computer
and/or registration account to access PIC.
19. SPECIFIC RESTRICTIONS ON USE OF ASSOCIATED
PRESS MATERIAL
Associated Press (AP) text, photo, graphic, audio, and/or video
material shall not be published, broadcast, rewritten for broadcast
or publication or redistributed directly or indirectly in any medium.
Neither these AP materials nor any portion thereof may be stored
in a computer except for personal and non-commercial use. PIC will
not be held liable for any delays, inaccuracies, errors or omissions
therefrom, or in the transmission or delivery of all or any part
thereof or for any damages arising from any of the foregoing.
20. AUCTIONS : ELIGIBILITY;
AUTHORIZED USE
If you are buying or selling goods using the partner services, you
further warrant that you have legal authority to enter into other
binding agreements for the sale or purchase of goods. You agree to
be financially responsible for all of your use of the partner services
(as well as for use of your account by others, including without
limitation minors living with you). You agree to supervise and be
responsible for all usage of minors of the partner services under
your name or account. You also warrant that all information supplied
by you or members of your household in using the partner services,
including without limitation your name, email address, street address,
telephone number, credit card number, and if you are selling goods,
all information about your listed goods, is true and accurate. Failure
to provide accurate information may subject you to civil and criminal
penalties.
21. FEES; PAYMENT
PIC reserves the right to charge listing fees for certain listings,
as well as transaction fees based on certain completed transactions
using the partner services. PIC further reserves the right to alter
any and all fees from time to time, without notice. You shall be
completely responsible for all charges, fees, duties, taxes, and
assessments arising out of the use of the partner services.
22. USING PARTNER SERVICES
PIC Web Sites are offered solely as a forum for you to utilize the
PIC Partner Services to buy and sell goods. PIC is not involved in
any transaction between you and any other party who uses this Site,
and is not acting as your or any other party's agent. PIC cannot
screen, censor or otherwise control the listings or any transactions,
including whether a listing is accurately described, whether an item
can be legally purchased or sold in your jurisdiction, or whether
a transaction will be completed as described by the seller or the
buyer. Further, PIC cannot control or warrant the behavior of the
users of the Services. As such, your use of PIC Auctions & Classifieds
and its Services is at your own risk, and PIC disclaims any liability
with regard to use of the Services and any actions resulting from
your or any other party's participation in the Services.
You hereby agree to release PIC, its suppliers, service partners,
agents, employees, consultants, officers and directors from all claims,
demands and damages, whether actual or consequential, of every kind,
whether known or unknown, disclosed or undisclosed, arising out of
or relating to any and all listings, transactions, or any other use
of PIC Auctions & Classifieds and the Services. Further, because
PIC is not involved in any transactions between you and other users
of the Services, PIC cannot and will not be involved in resolving
any disputes relating to any completed or uncompleted transaction
for the purchase or sale of listed goods.
You warrant that you will abide by all such additional procedures
and guidelines, as modified from time to time, in connection with
your use of the Services. You further warrant that you will comply
with all applicable laws and regulations regarding use of the Services.
Without limitation, as a partner service, by listing an item for
sale, you represent and warrant that you have the legal right to
sell the item, that the item is not counterfeit, and that it is a
genuine and authentic item as described by the seller; by making
a bid or offer to purchase, you warrant that you have the legal right
to make the bid and the resources to honor the bid.
It is your responsibility to determine whether the purchase or sale
of any listed item is authorized by law, statute, or regulation.
Without limitation, the following items may not be sold or offered
for sale on the PIC Web Site: firearms, explosives, and ammunition;
alcoholic beverages; tobacco products; food that is not packaged
or does not comply with all applicable laws for sale to consumers
by commercial merchants; pharmaceuticals and controlled substances;
software; video games; counterfeit, pirated or stolen goods; any
goods that infringe or otherwise violate another party's rights,
including copyright, patent, trademark, or rights of publicity or
privacy; goods that are, at PIC's sole discretion, indecent, obscene
or pornographic; Nazi memorabilia; registered or unregistered securities;
goods which you do not have the legal right to sell; goods which
are misrepresented or which do not in fact exist; goods which, if
sold via the Services, would cause PIC to violate any law, statute
or regulation.
PIC reserves the right to cancel any listing or bid at any time
for any reason, with or without cause, and reserves the right to
prohibit or restrict access to the Services to anyone at any time,
with or without cause.
UNSUBSCRIBE
To unsubscribe from any services, simply send a message to info@piccom.org.
Your e-mail address will be taken off any future e-mail services.
INDEMNIFICATION
You agree to indemnify and hold PIC, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your Submissions, your
use of the Web Sites, your connection to the Web Sites, the breach
of your representations and warranties under this Agreement, your
violation of this Agreement, or your violation of any rights of any
other agreement.
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