ACCEPTANCE
This Penn Emblem Company website (“Website”) and any use of this Website is governed by these Terms of Use, together with our Privacy Policy.
BY USING OUR WEBSITE, YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, THEN DO NOT USE OUR WEBSITE.
ACCESS AND USE
(A) When using our Website, you agree to comply with all applicable laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit any Website Content for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner.
(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;
(C) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
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.
USER CONTENT
(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.
(D) By submitting User Content, you also grant us the worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will be consistent with the terms of our Privacy Policy, where it is applicable.
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:
(A)You will indemnify Penn Emblem Company and its officers, directors, employees, successors, agents, distribution partners, affiliates, subsidiaries (collectively, the “Indemnified Parties”) for any third party legal proceedings, claims, losses, liabilities, damages, judgments, fines, costs and legal fees arising out of or relating to your unlawful use of this Website or violation of these Terms of Use.
(B)PENN EMBLEM COMPANY WILL NOT BE RESPONSIBLE FOR:
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- LOSS OF PROFITS, REVENUES, SAVINGS, GOODWILL, OR OTHER CONSEQUENTIAL DAMAGES OR LOSS;
- INDIRECT OR INCIDENTAL DAMAGES OR LOSS;
- PUNITIVE OR SPECIAL DAMAGES OR LOSS;
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(C) PENN EMBLEM COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF USE IS LIMITED TO THE LESSER OF US$500 OR THE CUMULATIVE TOTAL FEES PAID BY YOU TO PENN EMBLEM COMPANY IN THE 12 MONTHS BEFORE THE BREACH.
(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.
TERMINATION
(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.
(B) Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your Registration or use shall survive.
COPYRIGHT POLICY
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
email: copyright@pennemblem.com
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
These Terms of Use shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules. Any legal proceedings against Penn Emblem Company that may arise out of, relate to, or be in any way connected with our Website or these Terms of Use shall be brought exclusively in the state or federal courts of Bucks County, Pennsylvania, and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
AMENDMENT
(A) We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Website or to modify these Terms of Use.
(B) Modifications to these Terms of Use will be effective immediately upon notice, either by posting on the Website, notification by email. It is your responsibility to review the Terms of Use from time to time for any changes. Your access and use of our Website following any modification of these Terms of Use will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use, then your sole remedy is to immediately discontinue use of our Website and, if applicable, terminate your Registration.
MISCELLANEOUS
(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.
(B) Except where specifically stated otherwise, if any part of these Terms of Use is held unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be deemed stricken and that the remaining terms in the Terms of Use shall not be affected.
(C) You agree that the English language version solely governs these Terms of Use.
(D) These Terms of Use (including the Privacy Policy) constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between us with respect to such subject matter.
(E) For information on how to contact Penn Emblem Company, please visit our contact page.
Last Updated: October 5, 2020.