Terms And Conditions of Use
By using the webpages hosted by PRG Media, Inc. and/or its various divisions and subsidiaries ("PRG"), you agree to the following terms and conditions. If you do not agree with these Terms and Conditions of Use, do not use the webpages hosted by PRG.
The contents of these webpages are protected by U.S. copyright laws. The materials posted on these pages by PRG may be retrieved solely for your own personal, noncommercial use and may be downloaded to your own hard disk or sent to a printer solely for that purpose. In doing so, you may not remove or alter any trademark, copyright, or other proprietary notice. You may not otherwise copy, modify, or distribute the contents of these pages without the express permission of PRG.
Portions of these pages provide users an opportunity to exchange ideas and information. PRG has no obligation to screen, edit, or review postings, and the ideas and information posted do not necessarily reflect the views of PRG. While using these pages, you may not post, transmit, or otherwise distribute any material that may be unlawful, obscene, defamatory, threatening, infringing on any copyright or other rights of others, or damaging to software or hardware. You may not advertise or solicit on these pages without PRG's express permission. PRG reserves the right to monitor any postings and remove any which it considers, in its sole discretion, to be offensive or otherwise in breach of these Terms and Conditions of Use.
PRG reserves the right, which it may or may not exercise, to review, edit, or delete any material that it deems to be inappropriate or in violation of these Terms and Conditions of Use and to deny access to anyone who violates these Terms and Conditions of Use. NOTWITHSTANDING THE ABOVE, PRG EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THESE PAGES OR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM THE USE THEREOF.
Submission of Content
When you as a user submit “Content” (which includes all forms of posts, comments, replies, pictures, sound, etc.) to PRG, you represent that you are (i) the author and the content is wholly original, or (ii) that you have a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in such Content.
By submitting Content, which shall include your username, to any "public area" of the PRG Website, you grant PRG a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in such Content. You also warrant that the holder of any worldwide intellectual property right, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
Anything contained herein to the contrary notwithstanding, by submitting Content to any forums, comments or any other area on the PRG Website you hereby expressly permit PRG to identify you by your username (which may be a pseudonym) 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 us in writing prior to the submission that you do not wish to be identified.
Submission of Articles
PRG also accepts and publishes wholly original content on a first-time, semi-exclusive basis for publication by PRG to the Website (“Articles”). If you submit an Article to PRG for publication, you represent and warrant that you are the original author of the Article and all collateral material submitted with it. Upon acceptance of the Article by PRG you agree that you have given PRG a royalty-free, perpetual, irrevocable, semi-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the Article (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in such Article. The sole limitations on PRG’s exclusivity in the article are that you may (i) publish the Article on your own Blog, website or other digital medium in which you are the majority owner 90 days from its original publication date on the PRG Website, or (ii) republish the Article strictly for promotional purposes only on third-party websites, blogs and other forms of digital media, in whole or in part. In either case of republication, you must include an obvious and prominent link to the original publication of the Article on the ITPR website. If for any reason, you are remunerated for the republishing of the Article, you will notify ITPR immediately and ITPR will decide, in its sole discretion, whether the remuneration should be paid directly to ITPR in accordance with its semi-exclusive license.
PRG offer users of these webpages to "Join" or otherwise become a "Member" of this website. Both of these terms are terms of art and create no unique, special or different relationship between the users that "Join" or become "Members" and PRG from those users that do not "Join" or become "Members." PRG may, in its sole discretion, has the option but not the obligation to offer additional content, the type of which is also at the sole discretion of the PRG, to users that "Join" or become "Members."
You may obtain access to other sites on the Internet through these pages. By providing this service PRG is not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages.
PRG MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THESE PAGES OR THEIR CONTENTS (INCLUDING, WITHOUT LIMITATION, MATERIAL COMMUNICATED BY THIRD PARTIES), WHICH ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. PRG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESE PAGES. PRG MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES PROVIDED BY THESE PAGES WILL BE UNINTERRUPTED AND ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PAGES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. PRG ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THESE PAGES IS ACCURATE, COMPLETE, OR CURRENT.
IN NO EVENT SHALL PRG, ITS EMPLOYEES OR AGENTS, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, AND EXPENSES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, SPECIAL, OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS, BENEFITS, USE, OR DATA RESULTING FROM THE USE OF THESE PAGES, EVEN IF PRG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU ASSUME ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS PROTECTION AS YOU DEEM APPROPRIATE.
These pages are controlled and operated by PRG in the United States and are intended for use within the United States, the United Kingdom and certain other English speaking countries. PRG make no representation that materials on these pages are appropriate or available for use in other locations. Those who choose to access these pages from other locations do so at their own initiative and are responsible for compliance with local laws. These Terms and Conditions of Use shall be construed and enforced in accordance with the laws of the State of New York. Any action to enforce these Terms and Conditions of Use shall be brought in the federal or state courts located in the State of New York, Southern District.
PRG reserve the right to change these Terms and Conditions of Use at any time without notice.
Digital Millennium Copyright Act Compliance
If you believe that any materials posted on this website by others infringe on the copyrights of another party, please contact us. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers. Please send a written notice describing the infringement to our designated agent at the following address: :
PRG Media, Inc.
c/o Eric Bergner
Moses & Singer
The Chrysler Building
405 Lexington Avenue 12th Floor
New York, NY 10174-1299
Your notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly being infringed;
- Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works at a single online site, a representative list of such works at the site;
- Identification of the allegedly infringing material on the PRG website, and information reasonably sufficient to permit us to locate such material on our website;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or, if available, an e-mail address;
- A statement that the complaining party has a good faith belief that use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed