AGREEMENT BETWEEN USER AND WPEN
The Web Site is comprised of various Web pages operated by WPEN. The WPEN mobile applications are available to download to your mobile device for free or for purchase through online “app” stores. The WPEN Web Site and Mobile Applications are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the WPEN Web Site or Mobile Application constitutes your agreement to all such terms, conditions, and notices.
LINKS TO THIRD PARTY SITES
The WPEN Web Site or any Mobile Application may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of WPEN and WPEN is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. WPEN is not responsible for webcasting or any other form of transmission received from any Linked Site. WPEN is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WPEN of the site or any association with its operators.
LINKS TO THE WPEN SITE
Generally, WPEN does not mind if you have a text link from your web site to the WPEN Web Site. However, you may not frame or “mirror” the WPEN Web Site or incorporate pieces of it into a different web site or product. Links to the WPEN Web Site must clearly identify WPEN as the source of information displayed and preserve the integrity of WPEN web pages without alteration. Further, you may not link to the WPEN Web Site if you create or post any illegal, obscene or offensive content, or if the link in any way has a negative impact on our reputation.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the WPEN Web Site or Mobile Application, you warrant to WPEN that you will not use the WPEN Web Site or Mobile Application for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the WPEN Web Site in any manner which could damage, disable, overburden, or impair the WPEN Web Site or interfere with any other party's use and enjoyment of the WPEN Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WPEN Web Sites or Mobile Applications.
USE OF COMMUNICATION SERVICES
The WPEN Web Site or Mobile Applications may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
WPEN has no obligation to monitor the Communication Services. However, WPEN reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. WPEN reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
WPEN reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, with or without notice, in WPEN's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. WPEN does not control or endorse the content, messages or information found in any Communication Service and, therefore, WPEN specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized WPEN spokespersons, and their views do not necessarily reflect those of WPEN.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
NIELSEN MEASUREMENT TECHNOLOGY
The Nielsen SDK contains material that is protected by the United States copyright laws , patent laws, trade secret law and by international treaty provisions. All intellectual property rights and licenses not expressly granted here are reserved by Nielsen.
You are not allowed to: (a) rent, lease, loan, license, sublicense, distribute, transfer, publish, display, disclose, or permit access to the Nielsen SDK; (b) copy, reproduce, modify, change, alter or update the Nielsen SDK or any part thereof; (c) access, reverse engineer, decompile, translate, adapt, disassemble, decrypt or otherwise use any process to discover the source code of the Nielsen SDK; or (d) remove, alter or modify any identifying mark, copyright, or other proprietary notice of Nielsen, its affiliates, or its licensors from the Nielsen SDK.
Any use of the Nielsen SDK shall be governed by the laws of the State of New York, United States of America, without regard to its choice of law provisions. You agree to the exclusive personal jurisdiction of the State and Federal courts located in New York County, New York for the purposes of resolving any disputes arising in connection with your use of the Nielsen SDK in connection with the WPEN Web Sites or Mobile Applications, and you waive all objections to venue in those courts.
YOU EXPRESSLY ACKNOWLEDGE THAT THE NIELSEN SDK IS PROVIDED "AS IS" AND ANY USE THEREOF IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NIELSEN AND WPEN/GREATER MEDIA, INC. DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE NIELSEN SDK IS NOT INTENDED FOR ANY USE IN WHICH THE FAILURE THEREOF COULD LEAD TO DEATH, PERSONAL INJURY, OR ENVIRONMENTAL DAMAGE.
THE NIELSEN SDK IS SUBJECT TO THE LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT OR RE-EXPORT OF THE NIELSEN SDK OR INFORMATION ABOUT THE NIELSEN SDK FROM THE UNITED STATES OF AMERICA. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR COMPLIANCE WITH ALL SUCH LAWS, REGULATIONS, ORDERS OR OTHER RESTRICTIONS.
MARKETING VIA MOBILE DEVICES
If you register for WPEN wireless and mobile services, you acknowledge, understand and agree that you will be charged by your wireless carrier for all messages sent to you from WPEN. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will WPEN, its parent companies or any of its affiliates be responsible for any wireless email or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address. You understand, acknowledge and agree that WPEN may, at its sole discretion and without liability to you, terminate its offer of any specific wireless service or all wireless services at any time without advance notice. WPEN may provide notice of terminations or changes in services on this website.
MATERIALS PROVIDED TO WPEN OR POSTED AT ANY WPEN WEB SITE
WPEN does not claim ownership of the materials you provide to WPEN (including feedback and suggestions) or post, upload, input or submit to any WPEN Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting WPEN, its affiliated companies and necessary sublicensees’ permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. WPEN is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in WPEN's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WPEN WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WPEN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WPEN WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE WPEN WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
WPEN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WPEN WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WPEN AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : WPEN -1 Bala Plaza, Mail Stop 429, Bala Cynwyd, PA 19004. 610-771-9750.
WPEN reserves the right, in its sole discretion, to terminate your access to the WPEN Web Site and the related services or any portion thereof at any time, without notice.
Documents available on the WPEN Web Site may be copied for personal use only on the condition that copyright and source indications are also copied, no modifications are made, and the document is copied entirely. However, some documents, photos, and other content may have been published on the WPEN Web Site with the permission of the relevant copyright owners (who are not WPEN). All rights in such documents, photos, and other content are reserved to their owners, and permission to copy or otherwise exploit them must be requested and obtained directly from the copyright owners.”
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and is accessible on the WPEN Web Site in a way that constitutes copyright infringement, please provide the following information to WPEN:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- 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; and
- 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.
Please send such notice to the following Designated Agent:
Attn: General Counsel
35 Braintree Hill Park, Suite 300
Braintree, MA 02184
If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information to WPEN:
- Your electronic or physical signature;
- A description of the content that has been removed or to which access has been disabled;
- A description of where the allegedly infringing material is located on the website;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- A statement by you made, under the penalty of perjury, that the above information in your counter-notice is accurate and that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law to post and use the content in your user submission.
Please send such notice to the following Designated Agent:
Attn: General Counsel
35 Braintree Hill Park, Suite 300
Braintree, MA 02184
If a counter-notice is received by WPEN, WPEN may send a copy of the counter-notice to the original complaining party informing that person that it may restore the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the member or user, the removed content may be restored, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the sole discretion of WPEN.
To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Philadelphia, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use of the WPEN Web Site. Use of the WPEN Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WPEN as a result of this agreement or use of the WPEN Web Site. WPEN's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WPEN's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WPEN Web Site or information provided to or gathered by WPEN with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and WPEN with respect to the WPEN Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and WPEN with respect to the WPEN Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drawn up in English.