PDRelate Terms and Conditions
By using PDRelate, and/or any Products and Services you are agreeing, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to PDRelate or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that PDRelate may terminate your access to PDRelate and any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by PDRelate.
Any such termination shall be at PDRelate’s sole discretion and may occur without prior notice, or any notice. PDRelate further reserves the right to terminate any user’s access to PDRelate, or to any of the Products and Services for any conduct that PDRelate, at its sole discretion, believes is or may be directly or indirectly harmful to other users, to PDRelate or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, national, provincial, federal or foreign laws or regulations. PDRelate further reserves the right to terminate any user’s access to PDRelate or to any of the Products and Services for any reason or for no reason at all, in PDRelate’s sole discretion, without prior notice, or any notice.
Individuals who are less than 18 years of age or are not permitted to access mature or adult content under the laws of any applicable jurisdiction may not access PDRelate or any services or products. If PDRelate learns that anyone under the age of 18 has accessed the Products and Services, PDRelate will terminate their access.
PDRelate does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation or any other protected status.
3. REGISTRATION AND PRIVACY
Some of the Products and Services will require the user to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current and complete (apart from optional items) as required by various PDRelate registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PDRelate has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PDRelate has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.
4. USER CONDUCT
You acknowledge and agree that all information, code, data, text, software, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not PDRelate, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. PDRelate does not control the user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use PDRelate at your sole risk. Under no circumstances will PDRelate be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.
By registering with PDRelate and any of it’s products and services you agree to conduct yourself in a manner deemed to be acceptable by PDRelate. Unacceptable behaviour will result in your being removed from the PDRelate website, any products or services and denied access to re-enter.
Unacceptable behaviour includes:
- Any aggressive, abusive, racist, or hate comments made in chat (text) or via video or audio.
- Any behaviour that disrupts the product or service for others.
- To personally attack, make fun of, troll, flame, bully, stalk or otherwise harass others.
- Making criminal accusations against another in a public forum.
- Uploading or displaying pictures or videos of that contain any children under 18 years of age.
- Uploading, posting, emailing, otherwise transmitting, or posting links to any Content that promotes having any type of sexual relationship with a minor.
- Taking anything any other person has uploaded, posted, or emailed to you, on PDRelate and re-post such content anywhere outside of PDRelate without the expressed written permission of the person who uploaded, posted or emailed you and/or PDRelate.
- Uploading, posting, emailing, otherwise transmitting, private conversations between two people in any public forum on PDRelate without the expressed written consent of the people who are involved in said private conversation.
- Posting, directly or indirectly, any personally identifying information about another person without their consent. Personally identifying information can include, but is not limited to, a person’s full name, first name, last name, email address, profession, phone number, address and place of work.
- Using PDRelate and any of its products or services to do any academic or corporate research without the expressed written consent of PDRelate.
- Using PDRelate for any fraudulent purposes.
- Collecting or storing personally identifying information about any other user(s) for commercial purposes without the expressed consent of the user(s) or for any unlawful purposes.
- Impersonate any person or entity, including, but not limited to, a PDRelate official, employee, consultant, or otherwise, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Uploading, posting, emailing, otherwise transmitting, or posting links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as “inside information”, or proprietary and confidential information learned or disclosed as part of employment relationships or subject to a nondisclosure agreement).
- Uploading, posting, emailing, or otherwise transmitting, or posting links to any Content that facilitates computer hacking.
- Uploading, posting, emailing, or otherwise transmitting, or posting links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights (“Rights”) of any party, or contributing to inducing or facilitating such infringement.
- Uploading, posting, emailing, or otherwise transmitting, or posting links to any unsolicited or unauthorized advertising, including but not limited to promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes”.
- Uploading, posting, emailing, or otherwise transmitting, or posting links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or PDRelate or MsDsCon.
- Using automated means, including spiders, robots, crawlers, or the like to download data from any PDRelate network database.
- Using automated means, including bots, to create accounts on PDRelate.
- Modifying, publishing, transmitting, transferring or selling, reproducing, creating derivative works from, distributing, linking, displaying or in any way exploiting any Content from any PDRelate database, including, without limitation, by incorporating data from any PDRelate database into any e-mail or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise.
- Selling, distributing, or making any commercial or unlawful use of data obtained from any PDRelate database or make any other use of data from any PDRelate database in a manner which could be expected to offend the person for whom the data is relevant.
- Interfering with or disrupting the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
- Intentionally or unintentionally violate any applicable local, national or international law.
- Uploading, posting, emailing, or otherwise transmitting, or posting links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
- Disobey any PDRelate official or representative or interfere with any action by any PDRelate official or representative to redress any violation of these Terms and Conditions.
- Create a new account in order to access the Products and Services after your account or access has been terminated by PDRelate.
- Purchasing any goods or services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction. The responsibility for ensuring compliance with all such laws shall be the user’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase such goods or services.
- Using any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of PDRelate or the party from whom such software may be licensed.
- Uploading, posting, emailing, or otherwise transmitting, or posting links to any material, or act in any manner that is offensive to the PDRelate community or the spirit of these Terms and Conditions.
You acknowledge and agree that PDRelate and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation, PDRelate and its designees shall have the right (but not the obligation), at their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by PDRelate. PDRelate may also terminate access to, or membership in, PDRelate, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of PDRelate, including without limitation, information posted on message boards.
5. MEMBERS OF THE MEDIA
By using the PDRelate website and /or any of PDRelate products or services you certify that you are not a member of the media, or that if you are, you are participating on solely for your personal enjoyment and not as part of any investigation or gathering of information and that you will not use any such information in any manner without the express written permission of PDRelate. You agree that everything that you observe here will be kept in strict confidence, and that you will do nothing to jeopardize the privacy and identities of any other participant without the expressed written permission of PDRelate.
6. LIMITED LICENSE TO CONTENT
PDRelate claims no ownership interest in any of the Content (including, without limitation, pictures, videos and writing) posted by you on PDRelate, and the copyright to all such Content shall remain with its original owner. By posting Content on PDRelate, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on PDRelate.
In order to make it possible for PDRelate to provide the Products and Services, you hereby grant PDRelate a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display and distribute any Content posted by you on or through PDRelate, and to sublicense such rights solely as necessary to provide the Products and Services.
7. DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PDRelate DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, PDRelate DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. PDRelate SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PDRelate DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. PDRelate DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. PDRelate DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. PDRelate MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY PDRelate.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL PDRelate OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF PDRelate OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, FetLife. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT PDRelate AND ANY OF ITS PRODUCTS AND SERVICES.
UNDER NO CIRCUMSTANCES SHALL PDRelate OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.