USER GENERATED CONTENT – TERMS AND CONDITIONS
The Pennsylvania Immigration Resource Center (“PIRC”) owns and operates the My Great Story/Migrate Story website [url] that permits users (hereinafter “Users”) to submit or publish content (“User-Generated Website”). This website may include photos and text. By using PIRC’s User-Generated Website, you accept and agree to the following Abbreviated Terms Community Guidelines and the Full Terms and Conditions for User-Generated Content (collectively, “Terms and Conditions”). If you do not want to agree to these Terms and Conditions, you must not access or use the My Great Story/Migrate Story website.
Abbreviated Terms Community Guidelines:
The My Great Story/Migrate Story website is a family- friendly site. We ask that you be respectful and polite. While this site encourages the sharing of your stories and photos, please understand that the postings to our site do not necessarily represent the opinions of PIRC. Posts that we feel are offensive, inappropriate, or not otherwise keeping with the spirit of the website to promote positive stories about immigrants, such as advertising, spam, posts that are off-topic, or contain vulgar language, posts that may violate the rights of others, may be removed. We also reserve the right to permanently or temporarily block use of the User-Generated Website by anyone using the User-Generated Website in a manner not in conformance with these Terms and Conditions. [If you have a material connection to PIRC (as an employee, agency, etc.), please be sure to let everyone know that when you post.]
Use of Your Stories and Photos:
We love to see all your stories and photos! By submitting or uploading any data, text, video, audio, photos or the like, including any such material depicting your minor children, or friends (“Your Content”) on the User-Generated Website, you are authorizing PIRC its affiliates, service providers, and each of our and their respective licensees, successors, and assigns the right to use, publish, and otherwise reproduce, modify, perform, display and distribute, and otherwise disclose to third parties, Your Content with or without your name or the name of your family members or friends in perpetuity, worldwide in any and all PIRC related media for any lawful purpose. These uses may include, but are not limited to, information, education, or promotion of PIRC via the Internet, web sites, mobile apps, and social media. Please do not upload or post any photos other than your own unless you have the owner’s permission. If individuals other than you appear in the photo or video, you must have permission to use the photo from those individuals (or their parent’s or legal guardian’s permission if a minor).
Submissions to this Website:
Any material you submit to our page by upload, or otherwise, including, but not limited to, any data, text, video, audio, photos or the like (“Submissions”) are, and will be treated as, non-confidential and non-proprietary. [Anything you submit or post becomes the property of PIRC and PIRC may use and reproduce such Submission freely, and for any purpose. Any such use is without compensation to you.] By making a Submission, you are also warranting that you own the material/content submitted and that PIRC’s use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. PIRC is under no obligation to use the information submitted.
In the event of any conflict between these abbreviated terms and the Full Terms below, the Full Terms shall be deemed to apply
Full Terms and Conditions for User-Generated Content:
Appropriate conduct and content; personal use only.
This User-Generated Website is made available for your personal, non-commercial use only. The User-Generated Website may not be used for any commercial or promotional purpose.
By acceptance of these Terms and Conditions, you agree that any information you provide about yourself and the individuals in your stories and photos are accurate and complete information at the time provided. In particular, you represent that you are 18 years of age or older. You may not use the User-Generated Website in any manner that violates any applicable federal, state, local, or international law or regulation. International users agree to comply with all local rules regarding online conduct and acceptable content, including, without limitation, laws regulating the export of data from the United States or any other country. You are solely responsible for your conduct and any data, text, information, photos, and other content (“Materials”) that you submit, post, and display on the User-Generated Website.
We may without notice to you, but shall have no obligation to, refuse, edit, and/or remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringing or violating any party’s intellectual property or other proprietary rights or these Terms and Conditions. We also reserve the right in our sole discretion to refuse, edit, and/or remove any content that may be deemed by any User-Generated Website community to be inappropriate without providing you notice.
Examples of illegal or unauthorized uses include, but are not limited to:
Modifying, adapting, translating, or reverse engineering any portion of the User-Generated Website; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the User-Generated Website; reformatting or framing any portion of the web pages or site images that are part of User-Generated Website; submitting Materials of any third party without such third party’s prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by PIRC; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; displaying an advertisement as part of your Submission; any automated use of the system, including the use of scripts to send messages or post comments; or submitting false or misleading information.
While PIRC prohibits such conduct and content on its User-Generated Website, you understand and agree that you nonetheless may be exposed to such Materials and that you use the User-Generated Website at your own risk.
We are committed to protecting the privacy of children. The User-Generated Website is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we have actual knowledge is under the age of 18.
Changes to Terms and Conditions for User-Generated Content
We reserve the right to modify or terminate any User-Generated Website or service therein for any reason, and without notice, without liability to anyone. We also reserve the right, in our sole discretion, to revise and modify these Terms and Conditions from time to time without notice. Your continued use hereof following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are responsible for regularly reviewing these Terms and Conditions so that you will be apprised of any changes.
License to Use Materials
By submitting, posting, or displaying any Materials on or through the User-Generated Website, you automatically grant PIRC a worldwide, non-exclusive, royalty-free, irrevocable license to use, publish, and otherwise reproduce, modify and distribute such Materials on the User-Generated Website and in any and all media for any lawful purpose with or without your name or the names of the individuals in your stories or photos. These uses may include, but are not limited to, information, education, or promotion of PIRC via the Internet, websites, mobile apps, and social media.
You represent to PIRC that you own all Materials you provide and/or have the unencumbered legal right to grant the above-referenced license with respect to all Materials you provide. You further represent to PIRC that such materials do not infringe any third-party rights including, but not limited to, copyrights or other third party intellectual property rights or rights of privacy or publicity. You agree to indemnify PIRC for any and all loses resulting from the invalidity or inaccuracy of such representation.
Except as expressly authorized by the User-Generated Website, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any of PIRC’s proprietary information, which includes the sum of all postings and photos to the site.
Any material you submit to any User-Generated Website by upload, or otherwise, including any data, photos, stories, or the like (“Submissions”) are, and will be treated as, non-confidential and non-proprietary. Anything you submit or post becomes the property of PIRC and PIRC may use and reproduce such Submission freely, and for any purpose. By making a Submission, you are also warranting that you own the material/content submitted and that PIRC’s use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. YOUR USE OF THE USER-GENERATED WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE USER-GENERATED WEBSITE IS AT YOUR OWN RISK. THE USER-GENERATED WEBSITE IS BEING MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PIRC NOR ANY PERSON ASSOCIATED WITH PIRC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL PIRC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE USER-GENERATED WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE USER-GENERATED WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless PIRC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of any of these Terms and Conditions or your use of the User-Generated Website, including, but not limited to, your Submissions, Your Content, Materials, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the My Great Story/Migrate Story website [url].
Governing Law and Jurisdiction
All matters relating to the User-Generated Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule thereof.
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the User-Generated Website shall be instituted exclusively in the courts of the Commonwealth of Pennsylvania in each case located in the County of York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by PIRC of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of PIRC to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
These Terms and Conditions constitute the sole and entire agreement between you and PIRC with regard to the User-Generated Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the User-Generated Website.