PCF Terms of Use

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Terms

AGREEMENT BETWEEN USER AND THE COMPANY
The terms, conditions and notices contained herein (including the terms and conditions of any other policies or agreements linked or referred to herein, “Terms of Use”) govern your access to and use of this website (the “Site”), except that these Terms of Use may be supplemented or superseded in accordance with additional terms and conditions agreed between you and the Company (e.g., with respect to specific services or offerings of the Company).  The Site is made available by Publishers Circulation Fulfillment, Inc. (collectively with its affiliates, “Company”).  The terms “you,” “your,” and “user” refer to anyone who accesses or visits the Site.

By accessing or using the Site, you acknowledge that you have read and understand these Terms of Use, and that you accept and agree to be bound by these Terms of Use.  If you do not agree to these Terms of Use or are otherwise dissatisfied with the Site, you should not access or use the Site. 

 

MODIFICATION OF THESE TERMS OF USE
The Company reserves the right to change these Terms of Use from time to time without notice to you. It is your responsibility to check periodically for any changes the Company may make to these Terms of Use. Changes to these Terms of Use are effective immediately upon posting on the Site, and your continued use of the Site following posting of these changes means you accept and agree to these Terms of Use, as modified.

 

LINKS TO THIRD PARTY SITES
The Site may contain links to other web sites (“Linked Sites”). The Linked Sites are not under the control of the Company, and the Company is not responsible for the contents of any Linked Site, any link contained in a Linked Site, webcasting or any other form of transmission received from any Linked Site, or any changes or updates to a Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link on the Site does not imply endorsement by the Company of the Linked Site or any association with its operators. The Company accepts no responsibility for your use of any Linked Site or its content.

 

NO UNLAWFUL OR PROHIBITED USE
The Site is provided solely for your use in connection with the Company’s subscription software and/or delivery services.  As a condition of your use of the Site, you agree and warrant to the Company that you will not use the Site or its contents for any purpose that is unlawful or prohibited by these Terms of Use. You must comply with all applicable laws and contractual obligations when you use the Site.

You may not post anything to the Site, such as comments or other content, that infringes any third party intellectual property right (such as copyrights), is defamatory (i.e., something that is negative and untrue about another person or entity), divulges another person’s or entity’s confidential or private information or trade secret, is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory, encourages criminal conduct, advertises or solicits business for products or services other than those that are offered and promoted on the Site, or contains any virus, malware, spyware or other harmful content or code.

You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. For example, you may not “flood” the Site with requests or otherwise overburden, disrupt or harm the site or its systems.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you or provided for through the Site. You must not access the site through automated means, harvest information using an automated software tool or manually on a mass basis, or circumvent or reverse engineer the Site or its systems.

You may not permit anyone other than yourself to use your username or password to gain access to the Site. You agree to take reasonable steps to maintain the privacy and confidentiality of your username and password and to prevent unauthorized access to or disclosure of your username and password. You are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not.  The Company is not liable for any loss or damage arising from your failure to protect your password or account information.

 

MATERIALS ON THE SITE, INCLUDING USER MATERIALS
The Company or third parties (i.e., the Company’s licensors or partners) own the intellectual property rights in the content and materials displayed on the Site. Using the Site does not give you ownership of any intellectual property rights in the Site or the content you access on the Site. You may not use content from the Site unless you obtain permission from its owner (as applicable, the Company or a third party) or are otherwise permitted by law. These Terms of Use do not grant you the right to use any trademarks, service marks, branding, logos or copyrighted materials appearing on the Site. You agree not to remove, obscure, or alter any legal notices displayed in or along with the Site or its content.

By posting, uploading, inputting, providing or submitting materials to the Site (“Submissions”), you grant the Company, its affiliated companies and necessary sub licensees a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use your Submission in connection with the Site and the Company’s businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission, except to the extent prohibited by law. You represent that your Submission is original to you and that you have the right to grant the Company these rights.  No compensation will be paid with respect to your Submission.

The Company is under no obligation to post, use, monitor, assess the legality or accuracy of, edit or delete any Submission you or any other user may provide; however, the Company reserves the right to do so at any time, for any reason, without notice to you or any other user.  Responsibility for what is posted in public areas of the Site lies with each user - you alone are responsible for the material you post or otherwise make available in public areas of the Site.

 

Copyright Infringement Notices
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Site in a manner that constitutes copyright infringement, please inform the Company’s designated copyright agent by sending written notice by U.S. Mail to: Legal Department, Publishers Circulation Fulfillment, Inc., 502 Washington Avenue, Suite 500, Towson, Maryland 21204.  Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Use or on the Site.  The Company has a policy of terminating the Site usage privileges of users who are repeat infringers of intellectual property rights.

 

LIABILITY DISCLAIMERS AND LIMITATIONS
The Company is not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk. The Site may contain certain historical information, which is necessarily not current and is provided for your reference only.

THE COMPANY AND ITS SERVICE PROVIDERS PROVIDE THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, AND HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES WITH REGARD TO THE SITE AND MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS ACCESSIBLE ON OR PROMOTED, ORDERED OR PROVIDED VIA THE SITE (INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY).

THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

INFORMATION OR ADVICE ACCESSIBLE VIA THE 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.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS SERVICE PROVIDERS OR ITS THIRD-PARTY CONTENT PROVIDERS (AND DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF THE FOREGOING) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS THE COMPANY TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO THE COMPANY, OR FOR ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS ACCESSIBLE ON OR PROMOTED, ORDERED OR PROVIDED VIA THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS SERVICE PROVIDER OR ITS THIRD-PARTY CONTENT PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

NOTWITHSTANDING AND WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE LIABILITY OF THE COMPANY, ITS SERVICE PROVIDERS OR ITS THIRD-PARTY CONTENT PROVIDERS (AND DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF THE FOREGOING), IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SITE, WILL NOT EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US, IF ANY, FOR USE OF THE SITE, OR, IF APPLICABLE, FOR USE OF THE SPECIFIC SITE FEATURE OR SERVICE FROM WHICH THE CLAIM IN QUESTION FIRST AROSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY, ITS SERVICE PROVIDERS OR ITS THIRD-PARTY CONTENT PROVIDERS (AND DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF THE FOREGOING), IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

 

INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Company and its affiliates, and their officers, directors, employees, contractors, agents, licensors and service providers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site, your Submissions, any violation of these Terms of Use (including any technical disruption of the Site or the systems transmitting the Site caused by you).  The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with the Company in defending such claims. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of the Site.

 

TERMINATION/ACCESS RESTRICTION
The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, for any reason, without notice to you.

 

GENERAL
To the maximum extent permitted by law, these Terms of Use will be governed by the laws of the State of Maryland and you hereby consent to the exclusive jurisdiction and venue of courts in Maryland in all disputes arising out of or relating to the use of the Site.

YOU AGREE THAT, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph.  The Company controls and operates the Site from the United States of America, and unless otherwise specified, the materials displayed on the Site are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions, and protectorates. The Company makes no, and expressly disclaims, any representation that materials on the Site are appropriate or available for use in other locations. If you choose to access the Site from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or use of the Site.

The Company’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use.

If any part of these Terms of Use 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 these Terms of Use shall continue in effect.

Unless otherwise specified herein or agreed to by the Company, these Terms of Use constitute the entire agreement between the user and the Company with respect to the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

HOW TO CONTACT THE COMPANY
Publishers Circulation Fulfillment, Inc.
502 Washington Avenue, Suite 500
Towson, Maryland 21204

LAST UPDATED
April 2017

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