ACCESS AND USE
(B) In addition, you may not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Website or Website Content;
(ii) circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Website Content;
(iii) use an automatic device (such as a robot or spider) or manual process to copy or scrape the Website or Website Content for any purpose without our express written permission;
(iv) collect or harvest any personally identifiable information or non-personally identifiable information from our Website, including, without limitation, user names, passwords, email addresses;
(v) attempt to or interfere with the proper working of our Website;
(vi) decompile, reverse engineer, or disassemble any portion of our software or other Website Content;
(vii) violate any U.S. laws, including, without limitation, any export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce;
USER REGISTRATION & PROMOTIONAL MESSAGES
(A) IN ORDER TO ACCESS OR USE SOME FEATURES OF OUR WEBSITE, YOU MAY HAVE TO BECOME A REGISTERED USER. IF YOU ARE UNDER THE AGE OF THIRTEEN (13), THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER, SIGN UP FOR ANY PROMOTIONAL MESSAGES, OR OTHERWISE PROVIDE US ANY PERSONAL INFORMATION. THIS WEBSITE IS INTENDED FOR PERSONS OVER THE AGE OF THIRTEEN (13) ONLY.
(B) If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a “Registration”). You agree to contact us immediately, if you become aware of any breach of security or unauthorized use of your Registration.
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Website (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner(s), or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, or otherwise violates any applicable law. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) By submitting User Content to us, simultaneously with such posting you automatically grant, or represent or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Notwithstanding the foregoing, you waive any and all claims you (or any copyright holder) may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
THIRD PARTY LINKS
Our Website may contain links to other websites maintained by third parties. We do not operate or control or necessarily endorse the content found on these third party websites. You assume sole responsibility for your use of such third party links. We are not responsible for any loss or damage of any sort incurred as a result of your dealings with any third party or their website.
DISCLAIMER OF WARRANTIES
OUR WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EVEN MERCHANTABILITY.
INDEMNIFICATION AND LIMITATION OF LIABILITY
To the extent allowed by applicable law:
(B)PENN EMBLEM COMPANY WILL NOT BE RESPONSIBLE FOR:
- LOSS OF PROFITS, REVENUES, SAVINGS, GOODWILL, OR OTHER CONSEQUENTIAL DAMAGES OR LOSS;
- INDIRECT OR INCIDENTAL DAMAGES OR LOSS;
- PUNITIVE OR SPECIAL DAMAGES OR LOSS;
(D) YOUR SOLE REMEDY FOR DISSATISFACTION WITH OUR WEBSITE IS TO STOP USING OUR WEBSITE.
(E) YOU AGREE TO FILE ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO OUR WEBSITE OR THESE TERMS WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
(A) We reserve the right in our sole discretion and at any time to terminate or suspend your Registration and/or block your use of our Website for any reason in our sole discretion.
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the Registration of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (the “Designated Agent”). Our Designated Agent is:
Penn Emblem Company
Vice President, IT
2577 Interplex Drive, Suite A
Trevose, Pennsylvania 19053
If you think that someone is infringing your intellectual property rights, you can send us notice of infringement, and we will take appropriate action.
CHOICE OF LAW; JURISDICTION AND VENUE
(A) No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. All waivers must be in writing.
(E) For information on how to contact Penn Emblem Company, please visit our contact page.
Last Updated: October 5, 2020.