Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
Welcome to Porcupickle (The “Site). By using the Site, you agree to the terms and conditions set forth below. If you do not agree to these terms and conditions, please do not use the Site.
Porcupickle maintains this site for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal or classroom use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however distribute, modify, transmit, reuse, report, or use the contents of the Site, including the text, images, audio and video, for public or commercial purposes, without the written permission of Porcupickle.
Your access and use of the Site is also subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreement between you and Porcupickle with regard to the subject matter hereof are superseded and of no force or effect. Terms and Conditions:
RESTRICTIONS ON THE USE OF MATERIALS
You should assume that everything you see or read on the Site is copyrighted, unless otherwise noted and may not be used without the written permission of Porcupickle, except as provided in these Terms and Conditions or in the text on the Site. Porcupickle neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Porcupickle.
No material on the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download or print copies of the materials for your personal, non-commercial home use only, provided that you maintain all copyright and other proprietary notices. Modifications of the materials or use of the materials for any other purpose (including the use of any such material on any other web site or networked computer environment) is a violation of Porcupickle’s copyright and other proprietary rights, or the copyright and other proprietary rights of third parties with whom Porcupickle has contracted for the right to such materials. Any unauthorized use of these materials may subject you to civil liability and criminal prosecution under applicable laws. Unless otherwise specified, all trademarks, service marks and trade names are proprietary to Porcupickle.
In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software and data accompanying the software (collectively, the “Software”), are licensed to you by Porcupickle or our contract partners, does not transfer title to the Software to you. Porcupickle, or our contract partners, retains full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
While Porcupickle uses reasonable efforts to include accurate and up-to-date information on the Site, Porcupickle makes no warranties or representations as to its accuracy, timeliness, or completeness. Porcupickle assumes no liability or responsibility for any errors or omissions in the content on the Site.
Your use and browsing of the Site is at your risk. The materials in the Site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Porcupickle disclaims all warranties express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, lack of viruses, or accuracy or completeness of responses, of results and lack of negligence or lack of workmanlike effort. Porcupickle does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the site or the servers that make it available are or will be free of viruses or other harmful components. Porcupickle does not warrant or make any representations regarding the use or the results of the use of the materials in the Site in terms of its correctness, accuracy, reliability or otherwise. Also, there is no warranty of condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. No oral or written information or advice given by Porcupickle, or its representatives, shall create a warranty or in any way increase the scope of this warranty. You assume the entire cost of all necessary servicing, repair or correction. Porcupickle assumes no responsibility for and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Although Porcupickle reasonably believes that its technologies that block access to certain Internet sites are reliable, Porcupickle cannot and does not guarantee that the programs or the technology will block access to all sites or words that are unsuitable for children, or that which you or any other particular person may deem offensive or objectionable.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like will be conclusively presumed to be, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Porcupickle or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Porcupickle is free to use any ideas, concepts, know-how or techniques contained any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
LIMITATIONS OF LIABILITY
Under no circumstances, including but not limited to negligence, shall Porcupickle be liable for any special, direct, indirect or consequential damages that result from the use of, or the inability to use, the materials in the Site, even if Porcupickle or its authorized representatives has been advised of the possibility of such damages. Applicable law may not allow the limitation or the exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Porcupickle’s total liability to you for all damages, losses, and causes of action, whether in contract, negligence, tort or otherwise exceed the amount paid by you, if any, for accessing the Sites.
Although Porcupickle may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Porcupickle is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations or for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger, or inaccuracy in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Porcupickle will fully cooperate with any law enforcement authorities or court order requesting or directing Porcupickle to disclose the identity of anyone posting any such information or materials.
By using the Site, you acknowledge that among the features of the Site are technologies that block access to certain Internet Sites, based on the possibility that those sites contain material that may be objectionable. Porcupickle cannot and does not guarantee that the programs or the technology will block access to all sites or words, which you or any other particular person may deem offensive or objectionable.
LINKS TO THIRD PARTY SITES
The Site contains links to other web sites operated by parties unaffiliated with Porcupickle. These links will let you leave the Site to visit web sites not under the control of Porcupickle, and Porcupickle is not responsible for the contents of any linked web site or any link contained in a linked web site. Porcupickle is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Porcupickle of the linked site.
Porcupickle makes no representation that materials in the Site are appropriate or available for use in all locations. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local law, if and to the extent local laws are applicable. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re exported (I) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (II) to anyone the U.S. Treasury Department’s list of Specially Designated Nations or the ULSL Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.
TRADEMARK AND COPYRIGHT NOTICES
The Porcupickle character logos and/or all other Porcupickle logos, characters, names and services referred to in the Site are registered trademarks or trademarks of Porcupickle. All rights reserved.
Images of people or places displayed on the Site are either the property of, or used with permission by, Porcupickle. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
All other trademarks and names are the property of their respective owners.
Porcupickle may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.