| When using Punjabi Cultural Society (www.PCSChicago.org,
PCS), you agree to the following terms and conditions (the
"Terms of Service"). You can always check out the most
current version of these Terms of Service at this page. In
addition, when using particular PCS services, you shall be subject
to any posted guidelines applicable to such services, including
the any applicable contest, competition or award rules and any terms or conditions
applicable to PCS services provided in conjunction with any of
PCS's content and sponsors or affiliates. All such rules and guidelines
are hereby incorporated by reference into the Terms of Service. If
you do not agree to these Terms of Service please do not use the
site and do not register to be a member of PCS. We reserve the
right, at our discretion, to change, modify, add, or remove
portions of these Terms of Service at any time. Please check these
terms periodically for changes. Your continued use of the PCS
Service following the posting of changes to these terms will mean you accept those changes.
Overview
PCS is a multi-faceted service which allows you to use or access
a wealth of products and services, including performing arts,
Punjabi directory, sports, history, youth and senior programs,
classifieds, bulletin boards, news, and broad range of other
content (collectively the "PCS Service"). These Terms
of Service apply to the PCS Service as well as any new products
or services that we may add in the future (unless stated
otherwise).
General Terms of Service and Restrictions on Use of Materials
By using the PCS Service, you agree to be legally bound and to
abide by the Terms of Service, just as if you had signed this
Agreement. If you do not comply with the Terms of Service at any
time, PCS reserves the right to terminate your access the PCS
Services. PCS may discontinue or alter any aspect of the PCS
Service, including, but not limited to, (i) restricting the time
and deadlines the PCS Service is available, (ii) restricting the
participation (iii) restricting or terminating any user's right
to use the PCS Service, at PCS's sole discretion and without
prior notice or liability. You further certify that you are an individual.
In order to permit PCS to protect the quality of its products
and services, you hereby consent to PCS board members,
associates or staff being able to access your account and
records on a case by case basis to investigate complaints or
other allegations or abuse.
You acknowledge that the PCS Service contains information, photos, video, text, graphics, music, sounds or other
material (collectively, "Content") that are protected
by copyrights, patents, trademarks, trade secrets or other
proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or
here after developed. All Content is copyrighted as a collective
work under the U.S. copyright laws, and PCS owns a copyright in
the selection, coordination, arrangement and enhancement of such
Content. The PCS name and logo are exclusive to the
PCS Inc. All other trademarks appearing on the PCS Service are
trademarks of their respective owners. PCS's partners may also
have additional proprietary rights in the content which they
make available through the PCS service. You may not modify,
publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the Content, in
whole or in part, except that you may download one copy of the
materials on any single computer for your personal,
non-commercial home use only, provided you keep intact all
copyright and other proprietary notices. Modification of the
materials or use of the materials for any other purpose,
including use of any such material on any other web site or
networked computer environment is strictly prohibited.
Registration
If you elect to register to use the PCS Service and/or
participate in any program, competition, award, contest, or other services
offered by PCS you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the PCS
Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly
update the Registration Data to keep it accurate. If you provide
any information that is untrue, inaccurate, or incomplete, or
PCS has reasonable grounds to suspect that such is the case, PCS
has the right to suspend or terminate your application or
request for participation and refuse
any and all current or future use of the PCS Service (or any
portion thereof).
PCS's Privacy Policy
Community Standards
You acknowledge that all Content, whether publicly posted or
privately transmitted, is the sole responsibility of the person
from which such Content originated. This means that you are
entirely responsible for all Content that you post, email or
otherwise transmit via the PCS Service. PCS does not control all
of the Content posted via the PCS Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content.
You understand that by using the PCS Service, you may be exposed
to Content that is offensive, indecent or objectionable. Under
no circumstances will PCS be liable in any way for any Content,
including, but not limited to, for any errors or omissions in
any Content, or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed or otherwise
transmitted via the PCS Service.
You agree to not use the PCS Service(s) to:
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harm minors in any way;
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impersonate any person or entity, including, but not limited
to, a PCS official, forum leader, guide or host, or falsely
state or otherwise misrepresent your affiliation with a person
or entity;
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forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the
Service;
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"stalk" or otherwise harass another member or user
of the PCS Service; or
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collect or store personal data about other users, or members.
Submissions
By posting or submitting content to this site, you grant PCS and
its affiliates and licensees the right to use, reproduce,
display, perform, adapt, modify, distribute, have distributed,
and promote the content in any form, anywhere and for any
purpose; and warrant and represent that you own or otherwise
control all of the rights to the content and that public posting
and use of your content by PCS will not infringe or violate the
rights of any third party.
If you send us creative suggestions, ideas, notes, drawings, or
other information (collectively, the "Submissions"),
the Submissions shall be deemed, and shall remain, the property
of PCS. None of the Submissions shall be subject to any
obligation of confidence on the part of PCS, and PCS shall not
be liable for any use or disclosure of any Submissions. Without
limitation of the foregoing, PCS shall exclusively own all now
known or hereafter existing rights to the Submissions of every
kind and nature throughout the universe and shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to the provider of
the Submissions.
Links
The PCS may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because PCS has no
control over such sites and resources, you acknowledge and agree
that PCS is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources.
You further acknowledge and agree that PCS shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available
on or through any such site or resource.
DISCLAIMER
PCS uses diligent efforts to maintain the PCS Service, but PCS
is not responsible for any defects or failures associated with
the PCS Service or any damages (such as lost profits or other
consequential damages) that may result from any such defects or
failures. In addition, PCS makes no guarantees as to the sites
and information located worldwide throughout the Internet to
which you may access as a result of the use of the PCS Service,
including as to: (i) the accuracy, currency, content, or quality
of any such sites and information, or (ii) whether any search
using the PCS Service may locate unintended and objectionable
content.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF
WARRANTIES:
THE PCS SERVICE IS PROVIDED 'AS IS' AND YOU USE IT AT YOUR SOLE
RISK PCS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
WITHOUT LIMITATION, PCS MAKES NO WARRANTY THAT THE PCS SERVICE
WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM
THE USE OF THE PCS SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL OBTAINED THROUGH THE PCS SERVICE WILL MEET YOUR
EXPECTATIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE PCS SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY
YOU FROM PCS PERSONNEL OR THROUGH THE PCS SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF
SERVICE.
Disclaimer Regarding Financial Information
The PCS Service allows you to obtain information on companies,
stock prices, bonds, and other investments or financial matters.
The PCS Service, including all such financial information, is
provided for informational purposes only, and no information you
may obtain is intended by PCS to be used for trading or
investing purposes. PCS shall not be responsible for the
accuracy, usefulness or availability of any information
transmitted via the PCS Service, and shall not be liable for any
trading or investment decisions made based on such information.
Disclaimer Regarding Shopping Retailers
The PCS Service provides shopping services to help you locate
and potentially purchase products from online and offline
retailers. PCS does not, however, control these independent
retailers and PCS does not provide any assurance, warranty or
guarantee of any kind that you will be satisfied with their
products or services. When shopping by means of services
provided by PCS you acknowledge and agree that: PCS does not
endorse any of the products or services
("Merchandise") linked to from or through the PCS
Service, nor has PCS taken any steps to confirm the accuracy or
reliability of any of the information provided by third parties
through PCS or their own web sites. PCS expressly disclaims any
and all representations or warranties as to the security of any
information (including, without limitation, credit card and
other personal information) you might be requested to give any
third party. We advise you to exercise your own judgment and
investigate as you deem necessary before proceeding with any
online or offline transaction with any of these third parties.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PCS SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF PCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE
THE PCS SERVICE AND/OR PARTICIPATE IN ANY SWEEPSTAKES ; (ii) THE
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE PCS; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE PCS ; OR (v) ANY OTHER
MATTER RELATING TO THE PCS SERVICE OR OPERATION OF THE PCS
SWEEPSTAKES. IN NO EVENT SHALL PCS'S TOTAL LIABILITY TO YOU FOR
ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY
OF YOUR PASSWORD AND ACCOUNT. FURTHERMORE, YOU ARE ENTIRELY
RESPONSIBLE FOR ANY AND ALL ACTIVITIES WHICH OCCUR UNDER YOUR
ACCOUNT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PCS
INC., CBS CORPORATION, THEIR PARENTS, AFFILIATES AND SUBSIDIARY
COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND
AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES
AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES)
ARISING FROM YOUR USE OF OUR SERVICES, YOUR VIOLATION OF THE
TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY
OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR
OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY
NOTIFY PCS OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER
BREACH OF SECURITY KNOWN TO YOU.
Termination and modification
You agree that PCS, in its sole discretion, may terminate your
membership, account (or any part thereof) or use of the PCS
Service, and remove and discard any Content within the PCS
Service, for any reason, including, without limitation, for lack
of use or if PCS believes that you have violated or acted
inconsistently with the Terms of
Service. PCS may also in its sole discretion and at any time
discontinue providing the PCS Service, or any part thereof, with
or without notice. You agree that any termination of your access
to the PCS Service under any provision of this Terms of Service
may be effected without prior notice, and acknowledge and agree
that PCS may immediately deactivate or delete your account and
all related information and files in your account and/or bar any
further access to such files or the PCS Service. Further, you
agree that PCS shall not be liable to you or any third-party for
any termination of your access to the PCS Service.
Governing Law and Other Miscellaneous Terms
These terms shall be governed by and construed in accordance
with the laws of the State of New York, without giving effect to
any principles of conflicts of law. You agree that any action at
law or in equity arising out of or relating to these terms shall
be filed only in the state or federal courts located in New York
County in the State of New York and you hereby consent and
submit to the personal jurisdiction of such courts for the
purposes of litigating any such action. If any provision of
these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable
from these terms and shall not affect the validity and
enforceability of any remaining provisions. This is the entire
agreement between you and PCS relating to the subject matter
herein and shall not be modified by you except in writing,
signed by both parties. The Terms of Service will inure to the
benefit of PCS's successors, assigns and licensees.
COPYRIGHT AND COPYRIGHT NOTICES
PCS respects the intellectual property of others, and we ask our
users to do the same. PCS may, in appropriate circumstances and
at its discretion, terminate the accounts of users who infringe
the intellectual property rights of others. If you believe that
your work has been copied in a way that constitutes copyright
infringement, please provide PCS the following
information:
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an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
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a description of the copyrighted work that you claim has been
infringed;
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a description of where the material that you claim is
infringing is located on the site;
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your address, telephone number, and email address;
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a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its
agent, or the law;
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a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright
owner's behalf.
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Please contact PCS for Notice of claims of copyright
infringement on: info@PCSChicago.org
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