1- INTRODUCTION AND SCOPE
The Site includes, but is not limited to, all web pages, information, data, text, software, images, sounds, and all other materials displayed and/or provided by PGN and/or PGN.org.
Use of the Site includes, but is not limited to, submissions and/or interactions and all other activities provided or made possible by PERSIANGENDERNETWORK.org (“Use”) ..
2- ACCOUNT ELIGIBILITY AND USER CONDUCT
Eligibility - In order to access certain portions and features of the Site, you must have a registered account with us. You represent and warrant that you are at least 18 years old. You also agree to provide true, accurate and current information regarding your identity upon registration and update your account information in a prompt manner in order to keep it true, accurate, current and complete. You are fully responsible for all activities that occur under your password or username. Please immediately notify PGN of any unauthorized use of your password or username or any other breach of security.
This Site contains tools that enable you to “Post” (i.e. upload, post, make available, communicate, send, share, or transmit) Materials (collectively referred to as “Interactive Tools”). You agree not to use the Interactive Tools to do any of the following:
- Violate any applicable law or encourage or provide instructions to another to do so.
- Post any infringing, obscene, indecent, or unlawful material or information.
- Infringe intellectual property rights of any third party and/or delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
- Falsify the origin or source of software or other material contained in a file that is uploaded.
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display content (except for your information) from the sites without the prior express written permission of PGN and the appropriate third party, as applicable.
- Interfere with any other user's use of the Site or other Offerings.
- Collect or store personal information about anyone.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Send “spam” email messages to anyone.
- Advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters on the Site.
- Use any bolts, robots, spider, scraper or other automated means to access the sites for any purpose without our express handwritten permission.
- Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.
- Interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools.
You acknowledge that exchanges using Interactive Tools are public and not private communications. Further, you acknowledge that Postings by other users are not endorsed by PGN, and such Postings should not be considered reviewed, screened, or approved by PGN. PGN reserves the right for any or no reason to remove without notice any Materials or Posts received from users.
3- LIABILITIES AND WARRANTIES
Indemnification - You agree to indemnify, defend and hold harmless PGN, and its subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) your use of the Site; (ii) any breach or non-compliance by you of any term of this Terms of Service or any of PGN’s policies; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your negligence or violation or alleged violation of any law or rights of a third party.
Limitation of Liability - You expressly agree that use of the Site is solely at your own risk. Neither PGN, its affiliates, nor any of their respective employees, agents, third party content providers or licensors warrant that the Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Site.
The Site is provided on an "as is" basis; to the maximum extent permitted by law, PGN disclaims all representations and warranties, express or implied, with respect to any information, services, products and materials including, but not limited to, warranties of merchantability or fitness for a particular purpose, title, non-infringement, freedom from computer virus and implied warranties arising from course of dealing or course of performance. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that PGN is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely upon you. In no event will PGN, or any person or entity involved in the use of the Site, be liable for any damages including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Site. You hereby acknowledge that the provisions of this section shall apply to all content on the Site.
In addition to the terms set forth above, neither PGN, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or unseemliness or unauthenticated of, the information contained within the Site, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither PGN, nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
Jurisdictions - Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Modification & Termination - PGN reserves the right, at its sole discretion for any reason or no reason at any time and from time to time and with or without notice to you, to modify or discontinue temporarily or permanently, the Site (or any part thereof) and its offerings or to terminate your username and account and/or your access to the Site (or any part thereof). Under no circumstances shall PGN be liable for any loss, damage, liability, or expense incurred or suffered which is claimed to result from your use of this Site, including without limitation, any fault, error, omission, interruption, or delay with respect thereto even if PGN has been advised of the possibility of such damages.
You specifically acknowledge and agree that PGN is not liable for any conduct of any User. You hereby release PGN from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the conduct of any User.
Material - PGN administers this Site. Unless expressly stated otherwise, the findings, interpretations, and conclusions expressed in the Materials in this Site are those of the various authors of the Materials and are not necessarily those of PGN.
PGN may or may not review Materials Posted to the site, but it shall have the right (but not the obligation) in its sole discretion to review, reject, or remove any and all Materials at any time for any or no reason whatsoever with or without notice.
PGN does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information provided by any content provider, or any User of this site, or other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk.
PGN shall not be liable for any inaccuracy, error, omission, interruption, timeliness, completeness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any content herein, regardless of cause, for any damages resulting the reform.
All Materials on this Site from PGN, and other content providers, appear subject to these Terms and Conditions. In addition, the members of PGN and such content providers may have additional terms and conditions that govern the use of their material. PGN will not be liable to you for any claims brought against you by third-parties in connection with your use of any Materials.
Links - We may provide links to third-party websites or resources. Our provision of such links is not an endorsement of any information, product or service reached through such link. Since we do not have any control over third-party websites or resources, we cannot be held responsible or liable for any Content, or for your reliance on any Content, found on such third-party websites or resources.
Proprietary Rights - The Site is protected by copyright, trademark, trade secret, service mark, patent and/or other proprietary rights and laws (collectively, “Intellectual Property Laws”). In addition, the Content contained within the Site or in sponsor advertisements, in information presented to you through the Site or in information presented to you by advertisers is protected by Intellectual Property Laws. You agree not to create derivative works based on the Site, in whole or in part, unless authorized by us, in writing, to do so.
All Rights Reserved. PGN owns and operates the Site in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, remove, transmit or distribute materials from the Site in any way or “frame,” “mirror,” or “deep link” any part of the Site without our prior written permission. You may not modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any materials contained within the Site nor use any materials for any other purpose. You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site.
PERSIANGENDERNETWORK.org, our logo, slogan, and the name of the products produced, marketed, sold or distributed by us, are trademarks and/or service marks of PERSIANGENDERNETWORK.org or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks or logos of their respective owners.
No Association - You may not use any trademark, official mark, official emblem, or logo of PGN, or any of its other means of promotion or publicity, without PGN's prior written consent, nor in any event to represent or imply an association or affiliation with PGN.
These Terms and Conditions may be amended by PGN from time to time at our sole discretion. Upon amendment, we will place a notice on our homepage. Please periodically review the controlling version of these Terms and Conditions. By continuing to use the Site subsequent to PGN making available an amended version of these Terms and Conditions, you thereby acknowledge, agree, and consent to such amendment.
The failure of PGN to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
You agree not to make any public statements that assert or imply any relationship with PGN, unless you have PGN 's prior written approval.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
PGN reserves all rights not expressly granted under these Terms and Conditions, and no other rights are granted by implication or estoppel or otherwise.
The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.
Governing Law - Any dispute between PGN and you arising out of, or in connection with, the Site or your use of the Site which cannot be amicably settled between the parties to such dispute shall be arbitrated in accordance with the Commercial Arbitration Rules of the American Arbitration Association then in effect by one arbitrator appointed in accordance with those rules. The arbitration shall take place in the District of Columbia. Any resulting arbitration decision shall be final and binding on both parties. Judgment upon any arbitration award in favor of PGN may be entered in any court having jurisdiction thereof. The PGN Terms and Conditions and the relationship between you and PGN shall be governed by the laws of the District of Columbia as an agreement wholly performed therein without regard to its conflict of law provisions.
IMPORTANT NOTE - IF YOU ARE DISSATISFIED WITH THE SITE OR OTHER OFFERINGS, YOUR SOLE AND EXCLUSIVE OPTION IS TO STOP USING THE SITE OR OTHER OFFERINGS.
- You can change or delete your information at any time.
- You can Subscribe to or Unsubscribe from our e-mail Newsletter at any time.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.