User Agreement

Last Updated: October 25, 2013

Welcome to AxisPhilly, a service of Philadelphia Public Interest Information Network, Inc.   You may be visiting us from a computer, mobile phone, tablet, or other mobile device.  Regardless the platform, this User Agreement constitutes a binding legal agreement between you and Philadelphia Public Interest Information Network, Inc..  Please read it carefully.  By accessing any of our services (including by automated means), you accept its terms.

GENERAL PROVISIONS

AxisPhilly respects your privacy.  Please take a moment to review our Privacy Statement to you understand what information we collect through this service, how we use it, how we secure it, and when we may share it.

The web is an evolving medium.  If we need to change this User Agreement in the future, we will post the revised User Agreement and update the “Last Updated” date, above, to reflect the date of the changes.  By continuing to use this service after we post such changes, you agree to this User Agreement, as modified.

We reserve the right to deny access to this service, or any other service we provide, to anyone who violates this agreement or who, in our judgment, interferes with the ability of others to enjoy this service, or infringes the rights of others.  We may change, restrict access to, suspend, or discontinue this service, or any portion of this service, at any time.

Please bring to our attention any material on our site that you believe to be inaccurate by emailing us at info @ axisphilly dot org.

If you have other comments or questions about our site, also use our Contact Us form and check the appropriate box.

NOTICE OF COPYRIGHT INFRINGEMENT

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed on this website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Sarah Cho, Esq., 20 N. 3rd St. #702, Philadelphia, PA, 19106 , or via email at info @ axisphilly dot org.  Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed; (2) a description of the location of the allegedly infringing material on this 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 this User Agreement or elsewhere on the site.

HOW YOU MAY USE OUR CONTENT

AxisPhilly is made available for your personal, noncommercial use only.  All content and other material on this website is the property of Philadelphia Public Interest Information Network, Inc.  and/or its licensors and is protected by U.S. copyright laws, other copyright laws, and international conventions.  Except as explicitly provided in this User Agreement, you may not distribute, display, reproduce, perform, create derivative works from, or otherwise exploit any of the content or other material on this site.  You may display and occasionally print or store a single copy of an individual page of our website for your personal use provided that you keep intact all credits and copyright and other proprietary notices, but you may not otherwise reproduce, store or distribute copies of any content or other material found on this site, in any form (including electronic form), without prior written permission from the copyright owner.

If we include with any of our interactive maps, data visualizations, or other graphics code that enables you to embed the map, data visualization, or other graphic on your website, you may deploy the code to embed the map, data visualization, or other graphic on your site. But you may not alter or interfere with the operation or display of (nor may you delete, alter, or obscure any attribution, credit or link associated with) the map, data visualization, or other graphic without our prior written consent.

To request permission to reproduce or distribute any of our other materials, please use our Contact Us form and check the appropriate option.

You are free to establish a hypertext link to our site so long as the link does not state or imply that we sponsor, endorse, or are affiliated with you or your website.  However, you may not, without our prior written permission, frame or inline link any of the content of our site, or incorporate into another website or other service any of the content or other material you find on our site.

REGISTRATION

To receive our email newsletters you will be required to provide your email address.  To post comments on our site, you’ll need to log in through Disqus, which operates our comment sharing platform.  Our use of any information you provide to us or that we gather while you’re visiting our site is governed by our Privacy Statement.

YOUR CONDUCT WHEN USING OUR SITE

Our site includes features that allow users to interact with each other through Disqus.  These features are intended to create a community where you can share your thoughts on what you’ve read on AxisPhilly.  While we reserve the right to monitor user postings, it is up to our users to ensure that the discourse on AxisPhilly remains polite and informative.

First and foremost, we ask that you treat other site users with respect.  Language and content should be appropriate for a civil, adult conversation.  Please respect the rights of others to their opinions; understand that there may be many other sides to every story.  If you see something on the site that you believe is inaccurate, or about which you hold a different opinion, feel free to post a comment in response.

By participating in discussions or posting to AxisPhilly, you agree that you will not:

  • Use the site to impersonate any person or entity, or misrepresent your affiliation with a person or entity;
  • Use the site to engage in or to instigate or encourage illegal, indecent, profane, threatening, defamatory, invasive of privacy or otherwise injurious to any person or entity;
  • Use the site to post or transmit any information or content that violates or infringes the rights of others, including copyright, trademark or other intellectual property rights of any person or entity, or that otherwise violates the legal rights of any person or entity. You may not submit information or content that invades the privacy or violates the right of publicity of any person. You may not submit personally identifiable information about other people, such as their phone number, street address or e-mail address, or information that other people that could result in an invasion of their privacy, without permission;
  • Use the site to post software viruses, commercial solicitations, chain letters, mass mailings or any form of “spam,” or to participate in or intervene in political campaigns (including by making statements concerning) any political campaign on behalf of or in opposition to any candidate for public office;
  • Gather for marketing purposes any email address or other personal information that has been posted by other users of the site; or
  • Use any automated mechanism to collect information from our site in any manner that fails to respect the Robots Exclusion Protocol.

YOUR RESPONSIBILITY FOR INFORMATION AND CONTENT YOU SUBMIT

You acknowledge that you are solely responsible for the text, comments, and other information and content that you post on this website or share with others using this site.  By  posting information or content to AxisPhilly, you represent and warrant: (1) that you are 13 years of age or older; (2) that you are the owner of all content you post or are making your posting or submission with the express consent of the owner; (3) that the content you post will not violate or infringe the rights of others; (4) that the information and content you post will not violate the rights of, or cause injury to, any person or entity; and (5) that you will indemnify and hold harmless us and our directors, officers, employees, agents, representatives and licensors, from and against any liability of any nature arising out of any information or content that is displayed on or submitted via the site by you or by others using your Disqus account.

You alone are responsible for the information and content you post on AxisPhilly.  We do not control the information or content that you or others may post on or otherwise transmit through the site.  You are responsible for creating backup copies of any information or content you post on our site.  We will not be responsible for the deletion of, or the failure to store, display or transmit, any information or content submitted by you.

You understand that we have no obligation to monitor any areas of the site through which users can supply information or content.  However, we reserve the right, in our discretion, to screen user submissions and to edit, move, delete, and/or refuse to accept any submissions that in our judgment violate this User Agreement or otherwise are unacceptable or inappropriate, whether for legal or other reasons.

OUR RIGHTS TO USE CONTENT YOU SUBMIT

When you submit any material to our site, you are not giving up any ownership rights you otherwise have in such content.  However, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that we choose.  This grant includes the right to exploit any proprietary rights in such submission, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction.  Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you by your Discus username as the author of any of your submissions.  You will not receive any compensation of any kind for our use of any materials you submit.

We may preserve content you submit, and may disclose such content if required to do so by law or if, in our judgment, such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce this User Agreement; (c) to respond to claims that any content you submit violates the rights of third parties; or (d) to protect the rights, property, or personal safety of our site, us, our affiliates, our officers, directors, employees, agents, or representatives, our licensors, other users, and/or the public.

TRADEMARKS AND SERVICE MARKS

AXISPHILLY and PHILADELPHIA PUBLIC INTEREST INFORMATION NETWORK are service marks of Philadelphia Public Interest Information Network, Inc.  The names of other products and services referred to on the site may be the trademarks or service marks of their respective owners.  You may not use any trademark or service mark appearing on this site without the prior written consent of the owner of the mark.

DISCLAIMERS

Throughout our site, we have provided links and pointers to websites maintained by third parties.  Our linking to such third-party sites does not imply that we endorse or sponsor such sites, or the information, products or services offered on or through the sites.  Neither we nor any of our affiliates operate or control any information, products or services that third parties may provide on or through our site or on websites to which we link.

The information, products and services offered on or through this site are provided “as is” and without warranties of any kind, either express or implied.  To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.  We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, or the servers that make the site available, are free of viruses or other harmful components.

If you are dissatisfied with the site, or any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site.

LIMITATIONS OF LIABILITY

Under no circumstances, including, but not limited to, negligence, will we be liable for any damages arising out of your use of this website or any information, content, products, or services made available on or through this site, including indirect, incidental, special, punitive, exemplary or consequential damages, even if we are advised beforehand of the possibility of such damages.  Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you.  In such states, our liability is limited to the fullest extent permitted by state law.

INDEMNIFICATION

You agree to indemnify and hold harmless us, our affiliates, and each of our and their respective directors, officers, employees, agents, representatives, licensors, successors and assigns from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of the site, violation of this User Agreement by you or any other person using your account, or your violation of any rights of another.  We reserve the right to control the defense of any claim for which we are entitled to indemnification under this section.  In such event, you agree to provide us with such cooperation as is reasonably requested by us.  We will make reasonable efforts to provide you with notice of any such claim, but our failure to provide such notice will not relieve you of these obligations.

MISCELLANEOUS

This agreement constitutes the entire agreement between us and you with respect to the subject matter of this agreement and supersedes all previous and contemporaneous agreements, proposals and communications on this subject, whether written or oral.  This agreement is personal to you, is not intended to benefit any third party, and does not create any third party beneficiaries.  You may not assign this agreement to anyone.

This agreement will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law.  By using this site, you consent to the exclusive jurisdiction and venue of the state and federal courts in Philadelphia, Pennsylvania in all disputes arising out of or relating to this agreement or use of this website.  You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the site or this User Agreement must be filed by you within one year after such claim or cause of action arose or be forever barred.