Site Ownership and Protection of Our Intellectual Property Rights
The content of the Site is intended for the personal, noncommercial use of our users. The Site is a website of The Philosophy Channel LLC ("TPC"). All right, title, and interest to the content displayed on the Site, including but not limited to the Site's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, are the property of TPC, or the respective third parties, and are protected by copyright, trademark, patent or other proprietary rights and laws.
Except as expressly permitted by TPC, users agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the Site or any content (including without limitation any software) available through the Site.
TPC may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement; a revised Agreement will be posted on the Site, at this page location. Continued use of any portion of the site will constitute acceptance of any such changes.
Your License to Access Content on the Site
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache and store, for personal use only, content retrieved from the Site via a generally available consumer web browser, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in TPC Services or remove or obscure the copyright notice or other notices displayed on the content. You may not reproduce, print, cache, store or distribute content retrieved from the Site in any way, for any commercial use without the prior written permission of TPC or the copyright holder identified in the relevant copyright notice.
You agree not to modify the TPC Services in any manner or form, or to use modified versions of TPC Services, including (without limitation) for the purpose of obtaining unauthorized access to TPC Services or any portion of TPC Services. You agree not to access TPC Services by any means other than through the interface that is provided by TPC for use in accessing TPC Services. Any rights not expressly granted herein are reserved.
If you choose to forward content from the Site via email through our Services, you agree that you will only forward such content to interested recipients known to you and that you will not use TPC Services for engaging in spam or other unauthorized conduct.
Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to TPC through the TPC Services (each, a "Submission") shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission, you hereby grant TPC and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of TPC Services and the Site a non-exclusive license to access your Submission through the Site. Further use of your Submission, not expressly authorized by TPC on the Site and/or in this Agreement, is prohibited.
Content Submission Disclaimer
TPC does not and cannot review all Submissions posted to or created by users accessing TPC Services, and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through TPC Services, TPC is acting as a passive conduit for the distribution of such content and is not undertaking any obligation or liability relating to the content or the users' activities. TPC and its respective subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Site for inappropriate content. TPC and its respective subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, TPC reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to TPC in its sole discretion.
You agree not to use the Site to:
- Post any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm or threaten to harm users in any way;
- "Stalk" or otherwise harass any other person or entity;
- Impersonate any person or entity (including a TPC agent, enthusiast, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are expressly designated by TPC for such purpose;
- Disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
- Violate any law (whether local, state, national, or international), whether or not intentionally;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submission;
- Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Interfere with or disrupt the TPC Services, the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Collect or store personal data about other users;
- Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- Post any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Site with Registration
The Site may enable users to register to obtain certain TPC Services. Registration is initially available to anyone of requisite age and citizenship and is limited to one registration per user. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by the TPC registration form (the "Registration Information") and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of TPC Services, if you provide any information that is untrue, inaccurate, not current or incomplete, or TPC has reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, TPC has the right to suspend or terminate your access and refuse you any and all use of the Site.
Passwords and Security
Access to certain TPC Services may require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account and for logging out of your account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any person without their authorization; or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal, or infringing. You are fully responsible for all activities that occur under your password or account. You agree (a) to notify TPC immediately of any unauthorized use of your password or account or any other breach of security, and (b) to ensure that you exit from your account at the end of each session. TPC cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Links to Other Web Sites, Resources, and Services
A central part of the TPC Services includes links to other World Wide Web sites or resources. Because TPC has no control over such sites and resources, you acknowledge and agree that TPC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TPC shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which TPC has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Your Contact With Advertisers Or Third Party Vendors
Except as otherwise expressly agreed by TPC, your dealings with advertisers and third party vendors found on or through TPC Services, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between the third party and you. TPC does not make any representations or warranties of any kind with respect to any content, goods, services, information, other materials or web sites that may be obtained from such third parties, and you agree that TPC will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on such content, goods, services, information, other materials or web sites available, or through such third parties, on the Site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which TPC has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Site, including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
Modifications To TPC Services
TPC reserves the right, at any time and from time to time to modify, suspend, discontinue or terminate the TPC Services (or any part thereof) with or without notice for any reason. You agree that TPC will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of TPC Services.
Termination of Your Access to TPC Services
You agree that TPC, in its sole discretion, may terminate your access to any TPC Services, and/or remove, discard or modify any Submission or content within TPC Services, for any reason, including, without limitation, for lack of use or if TPC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to TPC Services may be effected without prior notice, and acknowledge and agree that TPC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or TPC Services. If you use the Site in violation of this Agreement, TPC may, in its sole discretion, retain all data collected from your use of the Site. Further, you agree that TPC shall not be liable to you or any third party for the discontinuation or termination of your access to TPC Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
Information Disclaimer and Disclaimer of Warranties
BY USING TPC SERVICES YOU UNDERSTAND AND AGREE THAT:
- NO CONTENT ON OUR SITES IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. TPC AND THOSE POSTING OR OTHERWISE PROVIDING INFORMATION, SERVICES OR MATERIAL ON OUR SITES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES OR OTHER MATERIAL ON OUR SITES.
- YOUR USE OF TPC SERVICES IS AT YOUR SOLE RISK. TPC SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TPC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
- TPC MAKES NO REPRESENTATION OR WARRANTY THAT TPC SERVICES WILL MEET YOUR REQUIREMENTS, THAT TPC SERVICES WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TPC SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE, OR THAT THE QUALITY OF ANY POSTINGS, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH TPC SERVICES WILL MEET YOUR NEEDS.
- ANY MATERIAL OBTAINED THROUGH THE USE OF TPC SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO COMPUTER SYSTEMS OR FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OUR SITE OR THROUGH OR FROM TPC SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THEIR TERMS.
Limitation Of Liability
YOU UNDERSTAND AND AGREE THAT TPC IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM: (1) THE USE OF, OR THE INABILITY TO USE, TPC SERVICES, (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, GOODS OR AND WEB SITES, (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITES, (5) RELIANCE ON CONTENT OR POSTINGS ON OUR SITES, OR (6) ANY OTHER MATTER RELATING TO OUR SITES OR TPC SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EXCEPT AS REQUIRED BY THE INDEMNITY PROVISIONS HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification of TPC
You agree to defend, indemnify and hold TPC, its subsidiaries and affiliates, and its and their officers, directors, employees and agents harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) Submission or other content you submit or that is submitted from your account, (b) your use of or reliance on TPC Services, (c) your connection to the Site, (d) your violation of this Agreement, or (e) your violation of any rights of another party.
Copyright and Trademark Notices
You acknowledge and agree to the copyright & trademark notices posted
No Other Agreements Between Us
Law Applicable to Interpretations and Disputes
This Agreement and the legal relations thus created between TPC and you (including, without limitation, any dispute between TPC and you arising out of or related to this Agreement) shall be governed by and construed under and in accordance with the internal laws of the State of Pennsylvania without reference to its principles of conflicts of laws. Any such dispute will be heard and determined at TPC's discretion in the appropriate federal court located in the State of Pennsylvania in the County of Philadelphia or the appropriate Pennsylvania state court located in the County of Philadelphia, and you submit yourself and your property to the non-exclusive jurisdiction of the foregoing courts with respect to such disputes. You acknowledge that The Philosophy Channel LLC is headquartered in the Philadelphia area and for that and other reasons this Agreement and the undertakings of the parties hereunder bear a reasonable relation to the State of Pennsylvania. You (i) waive to the fullest extent permitted by law any objection which you may now or hereafter have to the courts referred to above on the grounds of inconvenient forum or otherwise as regards any dispute between TPC and you arising out of or related to this Agreement, (ii) waive to the fullest extent permitted by law any objection which you may now or hereafter have to the laying of venue in the courts referred to above as regards any dispute between TPC and you arising out of or related to this Agreement and (iii) agree that a judgment or order of any court referred to above in connection with any dispute between TPC and you arising out of or related to this Agreement is conclusive and binding on you and may be enforced against you in the courts of any other jurisdiction
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against TPC
You agree that any claim or cause of action arising out of your use of the Site or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by TPC to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
If you have any questions or concerns with respect to this Agreement or the Site, you may contact a representative of TPC at termsofservice at philosophychannel.com or by mail at:
The Philosophy Channel LLC, 305 Woodside Circle, Dresher, PA 19025
Effective date: January 1, 2011