Terms of Service
Non-binding English Summary
• Your stuff is yours; we don't own it when you post it.
• Your secrets are safe with us; we'll defend them as best as we can.
• We don't police you, but if the police tell us to take your stuff down, we will.
These Terms of Service ("Terms") govern your use of the PBwiki, Inc. d/b/a PBworks ("Company") Web site located at www.pbworks.com (the "Site") and the services that are made available through the Site (collectively, the "PBworks Service"). Please read these Terms carefully. By using the PBworks Service, you are stating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the PBworks Service.
1. Your Responsibilities. You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the PBworks Service and for paying all charges related thereto. You agree not to use the PBworks Service to violate any local, state, national, or international law or regulation. You agree that you may use the free Basic Edition version of the PBworks Service only for non-commercial purposes. You agree that you may only use the Classroom Edition or Campus Edition of the PBworks Service if you are a student, parent or guardian, teacher, or librarian in a K-12, college/university, or home school setting. Any other use of the Classroom Edition or Campus Edition, even by school administrators or employees, is strictly prohibited. You agree that you may only use Business Edition guest user licenses to grant access to the PBworks Service to individuals from outside your organization, such as clients, partners, and suppliers. Any other use of Buisness Edition guest user licenses is strictly prohibited. When using the voice collaboration features of our product, some calls may be recorded. Depending on the state in which the respective callers reside, some or all of the people on the call may need to be notified that the call is being recorded. You agree, if you are keeping call recordings, to notify call participants as needed.
2. User Submissions to Public Workspaces. Company does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the PBworks Service ("User Submissions"). As between Company and you, you own all rights to your User Submissions. If you make a User Submission to a publicly accessible workspace which is accessible by any user on the Internet, and solely for purposes of making your User Submission available to anyone, you grant Company a worldwide and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed. Company does not pre-screen User Submissions and you agree that you are solely responsible for all of your User Submissions.
3. Confidentiality of Private Workspaces. All User Submissions contained in a private workspace will be deemed to be the "Confidential Information" of the individual or entity that has established such private workspace (the "Workspace Owner"). Company agrees that it will use Confidential Information solely for the purpose of providing the PBworks Service to authorized users with respect to the private workspace to which such Confidential Information relates. In addition, Company agrees that it will disclose Confidential Information only to (a) Company's employees and contractors who have a need to know such Confidential Information for purposes of providing the PBworks Service, (b) individuals who have been authorized to access the relevant private workspace and (c) individuals to whom the Workspace Owner has authorized or directed Company to disclose Confidential Information. Notwithstanding the foregoing, Company will not be in violation of this Section 3 with respect to a disclosure of Confidential Information that is in response to a valid order by a court or other governmental body or that is otherwise required by law, provided that Company gives the Workspace Owner, if permitted by law, prompt written notice of such requirement prior to such disclosure and provides reasonable assistance to the Workspace Owner, at the Workspace Owner's expense, in efforts by the Workspace Owner to obtain an order protecting such Confidential Information from public disclosure. Upon removal of a private workspace from the PBworks Service, Company will return to the Workspace Owner or destroy all copies of any Confidential Information from such private workspace in Company's possession, provided that the Workspace Owner requests the same in writing with thirty (30) days after such removal. In no event will the following information be considered Confidential Information under this Section 3: (a) any information that was publicly known prior to the time of disclosure to Company; (b) any information that becomes publicly known after disclosure to Company other than as a result of a breach of this Section 3 by Company; (c) any information that is already in the possession of Company at the time of disclosure to Company; or (d) any information that is independently developed by Company.
4. Copyright Infringement. Company respects the intellectual property rights of others. Accordingly, Company has a policy of disabling access to any Submission that violates copyright law, suspending access to the PBworks Service to any user who uses the PBworks Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the PBworks Service in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, Company has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright is being infringed by a user of the PBworks Service, please provide written notice to Company's designated agent for notice of claims of copyright infringement at: System Administrator1825 South Grant Street, Suite 500 San Mateo, CA 94402-7041 Tel: 415-963-4369 Fax: 413-480-9679 Email: support (at) pbworks (d0t) com Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Company to locate that material; (d) contain adequate information by which Company can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to Company's designated agent. You may also use our Online DMCA Takedown Form.
5. Trademarks. PBworks is a registered trademark of Company. The PBworks mark is a trademark of Company. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with Company.
6. Termination. You agree that Company may terminate your PBworks Service membership or suspend your access to all or part of the PBworks Service, without notice, if Company determines, in its sole and absolute discretion, that you have violated these Terms. For example, Company may suspend or terminate your right to access the PBworks Service (and may suspend or terminate your and any other user's access to any workspace you have created) if Company believes you are using the PBworks Service in a prohibited fashion as described in Section 1. Further, you agree that Company shall not be liable to you or any third party for removing your Submissions or suspending or terminating your access to the PBworks Service. In addition, Company may, at its discretion, terminate and delete workspaces that it considers inactive or abandoned. For example, Company policy is to delete workspaces that have not been edited in over one year. You may discontinue your participation in and access to the PBworks Service at any time.
7. Modifications To Terms. Company may, in its sole and absolute discretion, change these Terms (other than the terms set forth in Section 3) from time to time. Company will post notice of such changes on the Site. If you object to any such changes, your sole recourse shall be to cease using the PBworks Service. Continued use of the PBworks Service following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
8. Modifications To PBworks Service. Company reserves the right to modify or discontinue the PBworks Service with or without notice to you. Company shall not be liable to you or any third party should Company exercise its right to modify or discontinue the PBworks Service.
9. Links. Company's provision of a link to any other Web site or Internet resource is for your convenience only and does not signify Company's endorsement of such other Web site or resource or its contents. Company shall have no responsibility or liability for any information, software, or materials found at any other Web site or Internet resource.
10. Disclaimer of Warranties. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE PBWORKS SERVICE IS AT YOUR SOLE RISK. THE PBWORKS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PBWORKS SERVICE (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). COMPANY MAKES NO WARRANTY THAT THE PBWORKS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE PBWORKS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PBWORKS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE PBWORKS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11. Limitation of Liability. YOU UNDERSTAND AND EXPRESSLY AGREE THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE WORKS SERVICE.
12. Exclusions And Limitations. 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 limitations and disclaimers in these Terms may not apply to you. To the extent that Company may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Company. liability shall be the minimum permitted under such applicable law.
13. Indemnification. You agree to indemnify, defend, and hold harmless Company, its parents, subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys. fees) that such parties may incur as a result of or arising from (a) any information (including, without limitation, your Submissions or any other content) you (or anyone using your account) submits, posts, or transmits through the PBworks Service, (b) your (or anyone using your account's) use of the PBworks Service, (c) your (or anyone using your account's) violation of these Terms, and (d) your (or anyone using your account's) violation of any rights of any other person or entity.
14. Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and Company with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and Company with respect to the subject matter hereof. These Terms and the relationship between you and Company shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the PBworks Service shall be brought in the Federal or State courts located in San Francisco County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of Company and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the PBworks Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The terms of Sections 2, 3, 5, 6, and 8 through 14 of these Terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the PBworks Service.
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