When you access and/or use PRSA-NCC Blogs, you acknowledge that you have agreed to abide and be bound by the conditions set forth in the TOU. PRSA-NCC reserves the right to alter PRSA-NCC Blogs and/or the TOU without notice. Your continued use of PRSA-NCC Blogs, following any change(s), will be conclusively deemed as your acceptance of any change to PRSA-NCC Blogs and/or the TOU. Please familiarize yourself with these TOU and review them on a periodic basis.
1. RESPONSIBILITY FOR USE. At all times, you agree to conduct your activities on PRSA-NCC Blogs in a professional, responsible, and business-like manner and in accordance with this TOU. Violation of these TOU may, in addition to breaching the TOU, entitle PRSA-NCC to additional legal remedies.
2. USER OBLIGATIONS. By installing, accessing, or using PRSA-NCC Blogs, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on PRSA-NCC Blogs. If you provide any false, inaccurate, untrue, or incomplete information, PRSA-NCC reserves the right to terminate your access and use of PRSA-NCC Blogs and/or to remove any of your Postings (as defined below) to PRSA-NCC Blogs. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of PRSA-NCC Blogs. You also acknowledge and agree that use of the Internet and PRSA-NCC Blogs are solely at your own risk. Accordingly, you should understand that the confidentiality of any communication or material transmitted to/from PRSA-NCC Blogs over the Internet or other global communication network cannot be guaranteed. Accordingly, PRSA-NCC is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on PRSA-NCC Blogs, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
3. RIGHT TO USE. PRSA-NCC Blogs are provided by PRSA-NCC as a resource for you and to further the purposes of PRSA-NCC. Access to and use of PRSA-NCC Blogs is therefore limited to discussing matters related to or arising out of the public relations, communications, and marketing industries/professions. You may print and download materials and information from this Site solely in connection with your employment responsibilities and/or for personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing, you may not modify, distribute, publish, remove or alter any proprietary notices or labels, transfer, exploit, or otherwise use materials and information from this Site in any manner not expressly permitted herein.
4. PROPRIETARY RIGHTS. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through PRSA-NCC Blogs, unless otherwise indicated, are owned, controlled, and licensed by PRSA-NCC and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, PRSA-NCC does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. This Site is Copyright ©2009 PRSA-NCC. All rights reserved. PRSA-NCC also owns a copyright of the contents of PRSA-NCC Blogs as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of this Site. Any downloadable or printable programs, information, or materials available through this Site and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by PRSA-NCC. PRSA-NCC, and all other names, logos, and icons identifying PRSA-NCC and its programs, products, and services are proprietary trademarks of PRSA-NCC, and any use of such marks without the express written permission of PRSA-NCC is strictly prohibited.
5. ENFORCING SECURITY. You should be aware that PRSA-NCC Blogs are resources of PRSA-NCC. You therefore have no proprietary interest and no reasonable expectation of privacy while using PRSA-NCC Blogs. PRSA-NCC considers electronic transmissions and communications made through PRSA-NCC Blogs as PRSA-NCC’s own records, and PRSA-NCC may therefore obtain access to, intercept, disclose, and review those transmissions at any time. Moreover, actual or attempted unauthorized use of PRSA-NCC Blogs may violate PRSA-NCC’s employment policies and/or result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. PRSA-NCC also reserves the right to view, monitor, and record activity on PRSA-NCC Blogs without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on PRSA-NCC Blogs. PRSA-NCC will also comply with all court orders involving requests for such information. In addition to the foregoing, PRSA-NCC reserves the right to at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to PRSA-NCC Blogs, or any portion of PRSA-NCC Blogs, for any reason.
6. POSTINGS. PRSA-NCC Blogs provide the opportunity to share knowledge and post other helpful or meaningful information. By submitting content or information of any type (”Postings”) to PRSA-NCC Blogs or by otherwise using PRSA-NCC Blogs to transmit or display a Posting, you automatically grant PRSA-NCC a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You also acknowledge that such submissions are non-confidential for all purposes. Moreover, you agree that you will not post or transmit any of the following materials on PRSA-NCC Blogs:
• Anything, which interferes with or disrupts PRSA-NCC Blogs or the operation thereof
• Statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others
• Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of another
• Statements or material that violates other contractual or fiduciary rights, duties, or agreements
• Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction
• Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person
• Statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of PRSA-NCC
• Statements made anonymously or under a pseudonym
• Anything that violates the public or private rights of any other person
• Statements or material that are off-topic, irrelevant, or inappropriate for the purposes of the PRSA-NCC Blog
• Statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials
• Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or this Site
As PRSA-NCC Blogs are generally public, the user experience is enhanced if you follow these guidelines. Please also use netiquette. Please be succinct and stay on topic. Please remember to respect others and their opinions. PRSA-NCC encourages open and sincere communication, but urges all users to remember that PRSA-NCC Blogs are intended to be a resource for all.
7. NO PRE-SCREENING OF POSTINGS. PRSA-NCC is not responsible for screening, policing, editing, or monitoring your or another user’s Postings and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to PRSA-NCC’s right and ability to delete or remove a Posting (or any part thereof), PRSA-NCC does not endorse, oppose, or edit any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other user. Nevertheless, PRSA-NCC reserves the right to delete or take other action with respect to Postings (or parts thereof) that PRSA-NCC believes in good faith violate these TOU and/or are potentially unlawful, or are contrary to the stated purpose of PRSA-NCC Blogs. If you violate these TOU, PRSA-NCC may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or terminate your use of PRSA-NCC Blogs. Moreover, it is a policy of PRSA-NCC to take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact PRSA-NCC as identified below.
8. LINKS TO OTHER SITES. PRSA-NCC, in its sole discretion, or other end users may provide links to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by PRSA-NCC and are maintained by third parties over which PRSA-NCC exercises no control. Accordingly, PRSA-NCC expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement by PRSA-NCC with respect to any third party or any web site or the products or services provided by any third party.
9. DISCLAIMER. PRSA-NCC BLOGS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, PRSA-NCC MAY MAKE MODIFICATIONS AND/OR CHANGES TO PRSA-NCC BLOGS AT ANY TIME AND FOR ANY REASON. PRSA-NCC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILTY, LEGALITY, OR ACCURACY OF PRSA-NCC BLOGS OR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS IDENTIFIED OR DISCUSSED ON PRSA-NCC BLOGS FOR ANY PURPOSE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10. LIMITATION OF LIABILITY. IN NO EVENT SHALL PRSA-NCC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF PRSA-NCC BLOGS OR WITH THE DELAY OR INABILITY TO USE PRSA-NCC BLOGS, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH OR IDENTIFIED ON PRSA-NCC BLOGS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. GOVERNING LAW. These TOU have been made in and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York. A printed version of these TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.