1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Project48 (“P48”) is provided to you (“User”) under the terms and conditions of this P48 Terms of Service (“P48TS”) and any operating rules or policies that may be published by P48. The P48TS comprises the entire agreement between User and P48 and supersedes all prior agreements between the Parties regarding the subject matter contained herein.
2. DESCRIPTION OF SERVICES
P48 is operated for the purpose of providing educational material and tools for the public (the “Purpose”).
3. MODIFICATION TO TERMS OF SERVICE
P48 reserves the right, at P48’s sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, P48 or the P48TS (or any part thereof). Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, P48 intends to provide Users with up to fourteen days of advance notice). Your continued use of P48’s website following the posting of changes to the P48 website or P48TS means that you accept those changes. P48 reserves the right that P48 shall not be liable to any User or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
4. CONTENT OWNERSHIP
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the User, and not P48, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits from the P48 website. No User shall transmit Content or otherwise conduct or participate in any activities on P48’s website that is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property. P48 reserves the right to use any public information to promote P48 content.
5. CONTENT RESPONSIBILITY
User acknowledges and agrees that P48 shall be held harmless of any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
6. NO UNLAWFUL OR PROHIBITED USE
By using P48’s website, you warrant to P48 that you will not use P48’s website, or any of the content obtained from P48, for any purpose that is unlawful, intentionally or unintentionally, in accordance with any applicable local, state, national or international law or prohibited by these Terms. If you violate any of these Terms, your permission to use the P48’s website and content automatically terminates.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in P48’s sole discretion as to what action should be taken. Prohibited unlawful actions include, but are not limited to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a P48 official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the P48 site;
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any third party;
(g) upload, post, or transmit unsolicited commercial email or “spam.” This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam,” such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address,; (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit 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;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
7. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
P48 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, IMEU MAKES NO WARRANTY THAT (i) THE P48 website OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE MATERIAL WILL BE CORRECTED. P48 DOES NOT GUARANTEE SECURE ACCESS TO P48’s website. OPERATION OF P48’s website MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY P48.
EXCLUDING ONLY DAMAGES ARISING OUT OF P48’s NEGLIGENCE OR WILLFUL MISCONDUCT, P48 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF P48 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE P48’s website OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE P48 website; OR ANY OTHER MATTER RELATING TO THE P48 website.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN IMEU AND ANY USER OR OTHER PERSON OR ENTITY, NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
P48 MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Each User shall indemnify, defend and hold harmless P48, and its affiliates and their respective officers, employees and agents, and each of P48’s website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that User’s acts or omissions, including claims arising out of that User’s use of the P48 website; his or her submission, posting or transmission of Content or his or her violation of the Terms.
9. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. 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.
10. REGISTRATION OBLIGATIONS
When requested, each P48 Site User must: (1) personally provide true, accurate, current and complete information on the IMEU Site’s registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, P48 has reasonable grounds to suspect that any User’s information is untrue, inaccurate, not current or incomplete, P48 may suspend or terminate that User’s account and prohibit any and all current or future use of P48’s website (or any portion thereof) by that User other than as expressly provided herein.
All notices to a Party shall be in writing and shall be made either via email or conventional mail.
12. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the P48 website, use of the P48 website, or access to the P48 website.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
P48 may establish general practices and limits concerning use of theP48 website. While P48 will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, P48 has no responsibility or liability for the deletion or failure of Content maintained or transmitted by the P48 website. P48 reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. P48 reserves the right to change these general practices at any time, in its sole discretion, with notice to Users and the public as described in Section 3 above.
P48 may terminate a User’s account in P48’s absolute discretion and for any reason. P48 is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of the P48 website in a manner inconsistent with the Purpose; (4) a User’s request for such termination; or (5) as required by law, regulation, court or governing agency order.
P48’s termination of any User’s access to the P48 website may be affected without notice and, on such termination, P48 may immediately deactivate or delete User’s account and/or bar any further access to such files. P48 shall not be liable to any User or other third party for any termination of that User’s access or account hereunder. In addition, a User’s request for termination will result in deactivation but not necessarily deletion of the account. P48 reserves the right to delete, or not delete, a User’s account at P48’s sole discretion, as well as to delete, or not delete, content at P48’s sole discretion.
P48, or a third party, may provide links to other websites. P48 exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. P48 shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any User in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The P48 website’s Privacy Statement is applicable only when you are on the P48 website. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
16. TRADEMARK INFORMATION
P48, the P48 logo and other P48 trademarks including, but not limited to, “Project48″, service marks, and product and service names are P48’s trademarks or registered trademarks in the United States and in other countries. All other names and designs may be trademarks of their respective owners.
P48 respects the intellectual property rights of others, and requires that the people who use P48’s website do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing us with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit P48 to locate the material, including the full URL.
(4) your name, address, telephone number, and email address.
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If P48 receives such a claim, P48 reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a User’s account in accordance with Section 15.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (“DMCA”) is:
After receiving a claim of infringement, P48 will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, P48 will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. P48 will take reasonable steps to expeditiously notify the User that it has removed or disabled access to such material.
Please report any violations of our Terms of Service to our supporter services at info@Project48.com
What information do we collect?
We collect information from you when you use our website, subscribe to our email list or fill out a form.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To provide access to educational materials located on the P48 website and associated systems.
- To improve our website and associated educational material (We continually strive to improve our website offerings based on the information and feedback we receive from you.)
- To send periodic emails (The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.)
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.
Do we disclose any information to outside parties?
P48 does not share or sell a user’s personal information — collected online or offline — nor send user mailings on behalf of other organizations. P48 does not share, sell, rent or exchange e-mail addresses to partners.
We do not sell, trade, or otherwise transfer to outside parties personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website and educational material is directed to people who are at least 13 years old or older.
Photo Credit: Private Collection