Terms of Service
This site and all digital extensions of this site using the partnercapital.org, partnercap.org, and/or any domain name owned or controlled by Partner Community Capital. (collectively, the “Website”) provide a complimentary information service offered by Partner Community Capital (“Partner Community Capital”) to you as a Website user, with the express condition that you agree to be bound by these terms and conditions (“Terms of Service”).
Do not use the Website if you do not agree to these Terms of Service.
Content
All content available on this Website, including, but not limited to, trademarks, photographs, images, characters, names, graphics, logos, illustrations, audio clips and video clips (collectively, “Content”), is protected by copyright, trademark and other rights that are owned and/or controlled by Partner Community Capital or by other parties that have licensed their material to Partner Community Capital. You may use content from this Website for your own personal, non-commercial use only. You may not copy, reproduce, publish, upload, post, transmit or distribute any Content in any way without Partner Community Capital express permission. You can request this permission by sending us an email at inquiries@partnercapital.org that contains the information listed below:
- a complete description of the Partner Community Capital Content requested, such as the URL of the web page that contains the Partner Community Capital Content, a description of the sections or paragraphs that will be distributed, and, where applicable, the title and date of the Partner Community Capital Content;
- a description of the intended audience;
- a description of the manner of distribution;
- to any extent applicable, the length, retail price, and approximate size of first printing or circulation that will include the Partner Community Capital Content;
- a description of the geographic scope of the distribution and the length of time for which rights are being requested.
- a reply email address and a phone number.
Copyright
Partner Community Capital respects the rights of all copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide to Partner Community Capital the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact the complaining party; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries under the Digital Millennium Copyright Act, please contact: inquiries@partnercapital.org.
Privacy
Partner Community Capital respects the privacy of the visitors to the Website. Review the Privacy Policy.
Linked Sites
The Website may contain links to other sites that are not operated or managed by or on behalf of Partner Community Capital. Partner Community Capital is not responsible for the content of any such lined-to sites. The links to these sites are for your convenience only, and you access them at your own risk.
Partner Community Capital welcomes links to the Website. You may include on your site(s) a link to the Website, provided that the link does not state or imply any sponsorship or endorsement of you or your site by Partner Community Capital or any Affiliate. You may not use on your site any logos, trademarks, service marks or other copyrighted materials appearing on the Website, including, without limitation, any logos, without Partner Community Capital’s express written permission. You may not frame, use metatags, or otherwise incorporate into another site any of the Content or other materials on the Website without Partner Community Capital’s prior written consent.
User-Generated Content
From time to time, Partner Community Capital may allow you to communicate, submit, upload or otherwise make available comments, messages, images, audio, video and/or other content via the Website (“User Generated Content”), some or all of which may be accessible to the public. You agree that you will not submit or otherwise publish any User Generated Content that:
(a) is libelous or defamatory;
(b) is obscene, pornographic or otherwise offensive;
(c) is abusive or harmful (or threatens to abuse or harm) any person or entity;
(d) infringes another person’s or entity’s intellectual property rights or any other rights, including, without limitation, copyrights, trademark or the right of publicity or privacy;
(e) violates any law or regulation;
(f) advocates illegal activity;
(g) advertises a product or service; or
(h) solicits funds or solicits goods or services.
By submitting User Generated Content to the Website, you grant to Partner Community Capital a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media now known or hereafter devised, for any purpose, including, without limitation, advertising, promotional and commercial purposes, without further notice to you, with or without attribution.
You represent and warrant that your User Generated Content conforms to these Terms of Service and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize Partner Community Capital to use and exploit, your User Generated Content in all manners contemplated under these Terms of Service.
You shall indemnify Partner Community Capital and its Affiliates, and each of their respective officers, directors, employees and agents from and against any and all third-party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against Partner Community Capital or its licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that Partner Community Capital expressly authorizes you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, Partner Community Capital grants you a non-exclusive license to create a derivative work using our copyrighted works, solely as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to Partner Community Capital of all rights in the work you create. If such rights are not assigned to Partner Community Capital, your license to create derivative works using Partner Community Capital’s copyrighted works shall be null and void.
Partner Community Capital is not responsible for any User Generated Content or user communications published or transmitted by users of the Website. Partner Community Capital reserves the right to edit or delete User Generated Content or user communications at any time and for any reason without any prior notice, but has no obligation to do so.
Unsolicited Creative Submissions/Communications
Partner Community Capital does not accept or consider creative ideas, suggestions or materials other than those Partner Community Capital has specifically requested. If you do send or post any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit by electronic mail or otherwise, communications, including any data, questions, comments, suggestions or the like (collectively, the “Submitted Material”), the Submitted Material will be deemed and remain Partner Community Capital’s property. None of the Submitted Material will be subject to any confidentiality obligation on the part of Partner Community Capital and Partner Community Capital will not be liable for any use or disclosure of any Submitted Material. Partner Community Capital will exclusively own any now known or hereafter existing worldwide perpetual rights to the Submitted Material, without compensation to the provider of the Submitted Material.
Disclaimer
The content on and available via this Website is provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Partner Community Capital disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Partner Community Capital makes no warranty that the functions contained in the content will be uninterrupted or error-free, that defects will be corrected, or that Partner Community Capital or the server that makes them available are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Partner Community Capital and its affiliates or related entities or its content providers are not responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such content or to whom such content may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any content, information or opinions provided in the Website.
Limitation of Liability
Although we take reasonable steps to prevent the introduction of viruses, works, “Trojan horses,” or other destructive materials to the Partner Community Capital website, we do not guarantee or warrant that the Partner Community Capital website or material that may be downloaded from the Partner Community Capital site are free from such destructive features. We are not liable for any damages or harm attributable to such features.
We are not liable for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in the Partner Community Capital website, nor for any claim, loss, or injury that results from your use of the Partner Community Capital site or your breach of any provision of this user agreement.
Jurisdiction
These Terms of Service is governed by the laws of the State of West Virginia applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State of West Virginia and Jefferson County and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Changes of these Terms of Service
Partner Community Capital reserves the right to change these Terms of Service at any time, without notice to you. Partner Community Capital reserves the right to terminate the Partner Community Capital website and these Terms of Service at any time without notice for any reason, including, in the case of the Terms of Service, for your violation of any of its provisions. The Limitation of Liability and Jurisdiction section of these Terms of Service survive any such termination. Please consult the most recent version of these Terms of Service each time you view the Website.
