Terms of Service
1. General Rules and Definitions
2. Restrictions on Use of Site and Services
A. Age Appropriate.
You must be at least eighteen (18) years of age, be an emancipated minor, or, if over the age of 13, have the permission of your parent(s) or legal guardian(s), to register for certain features of the Site; submit any User Content (defined below) or personally-identifying information on or through the Site; participate in any online contests (unless otherwise noted in the contest rules); and/or place an order for merchandise on the Site and/or make a donation. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.
B. Non-Commercial, Personal Use Only.
The Site may be used for bona fide personal, non-commercial purposes only. The Site provides an online information exchange service for use by PhillyGradCoach and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any content for commercial purposes or otherwise use the content in a manner that is inconsistent with these rules and regulations.
C. You may not remove, copy, alter, reproduce, modify, create derivative works of republish, post, publicly perform, publicly display, broadcast, download, transmit, distribute, license or commercially exploit, in whole or in part, the Site, except as expressly permitted by these terms, the functionality of the Site, or, if applicable, by the respective content owner as indicated in any end user license agreement, if any, that accompanies such content, provided that you include without modification all copyright and other proprietary notices contained in the content.
D. You may not circumvent, disable or otherwise interfere with security- related features of the Services or features that prevent or restrict use or copying of any content. You further agree not to reverse engineer or jeopardize the correct functioning of the Site or attempt to gain access to secured portions of the Site to which you do not possess access rights.
E. You may not collect or harvest any personally identifiable information from the Site, nor use the communications system provided by the Site (e.g. blogs, discussion boards, comments, questions and answers) for any advertising, promotion or solicitation purposes, regardless of whether or not this is for commercial or non-profit purposes.
F. You may not use the Site to generate unsolicited email advertisements or spam, to conduct or promote any illegal activity, for political campaigning, or soliciting support for legislative or other initiatives.
G. You may copy and download only the content designated on the Site as downloadable. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
H. You understand that when using the Site, you will be exposed to user-generated content (“User Content”) such as videos, photos, textual content or other materials or items submitted by you and other users, and that PhillyGradCoach is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. Though PhillyGradCoach expects all users to adhere to our terms and content policies, you understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PhillyGradCoach and is affiliates with respect thereto, and agree to defend, indemnify and hold PhillyGradCoach and its affiliates, and/or licensors, and their respective trustees, directors and employees, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
I. PhillyGradCoach reserves all rights not expressly granted in and to the Site and the content.
3. User Generated Content and Submissions, Including Comments
A. The Site may contain comments sections, discussion forums, bulletin boards, or other interactive features (“Interactive Areas”) which contain User Content. You are solely responsible for your use of any Interactive Areas and you use them at your own risk. You understand that whether or not such User Content is published, we do not guarantee confidentiality with respect to any such User Content. You acknowledge that User Content may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by staff and on the Internet by the general public. You acknowledge that the Site, including its features, are for public and not private communications.
B. You shall be solely responsible for your own User Content and the consequences of PhillyGradCoach posting, publishing or otherwise distributing them. By submitting your User Content to the Site, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to upload, use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights, including privacy and publicity rights, in and to any and all User Content to enable inclusion, distribution and use of the User Content in the manner contemplated by the Site and these terms; (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion, distribution and use of the User Content in the manner contemplated by the Services and these terms; (c) the User Content is your own original work and that you own or control the necessary rights to enable inclusion, distribution and use of the User Content in the manner contemplated by the Services and these terms; (d) the User Content does not in any way violate any laws, rules or regulations, (e) the User Content is not in any way derogatory, abusive, defamatory, invasive of privacy or publicity rights, harmful to children, vulgar, profane, lewd, obscene, offensive, pornographic, threatening, harassing, violent, racist, or hateful, nor does it encourage conduct that would be considered a criminal offense, or give rise to civil liability; (f) the User Content does not violate or infringe upon the rights of any person or entity whatsoever; (g) the User Content is not an endorsement, express or implied, of any party, product, or other entity and (h) you have not received payment or consideration of any kind for submitting the User Content to PhillyGradCoach or the Site.
C. Unless you enter into a separate written agreement with PhillyGradCoach, we do not claim ownership in User Content you submit; however, by submitting the User Content to PhillyGradCoach, you hereby waive any and all moral rights in connection with the User Content and you automatically grant it and its licensees, a perpetual, worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, distribute, sub-license, modify, create derivative works of (including without limitation, to rename, edit, shorten, if video – split the videos into different segments, and use the entire User Content or segments thereof), publish, transfer, transmit, publicly display, publicly perform, host, index, cache, tag, encode, and/or adapt the User Content in any and all media formats and channels, including, but not limited to, the Services (including the advertisement and promotion thereof), third party licensee web sites, over the air (on radio or television), and on mobile platforms, without payment and without further consent or notice to you. You further grant PhillyGradCoach and its licensees the right to contact you in connection with your User Content and to use your name, city and state or province and other information that you have provided in connection with the User Content.
You also hereby grant each user of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, create derivative works of, publish, transfer, transmit, publicly display and publicly perform such User Content (in whole or in part) as permitted through the functionality of the Site and under these terms.
D. In connection with your User Content, you further agree that your will not upload content, or distribute anything that may be harmful to minors or that violates these terms.
E. PhillyGradCoach does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Content. Opinions on the Site are not to be construed as assertions of fact.
F. By uploading User Content, you are consenting to its display through the Site and for related promotional purposes.
G. You acknowledge PhillyGradCoach has no obligation to, and does not in the normal course, monitor or control any User Content you post on the Site and that PhillyGradCoach reserves the right to screen, refuse to post, remove or edit User Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Content, there may be a delay in the posting of such content to allow for a review process. If we have questions about your User Content, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Content.
H. PhillyGradCoach may terminate your access to the Site for uploading material in violation of these terms, at any time, without prior notice and in its sole discretion.
4. Removal of Content
A. PhillyGradCoach does not permit the infringement of intellectual property rights, including copyright, on its Site, and PhillyGradCoach will remove Content (including User Content) if properly notified that such Content infringes on another’s intellectual property rights. PhillyGradCoach reserves the right to remove Content, including User Content without prior notice.
B. PhillyGradCoach reserves the right to change or discontinue temporarily or permanently any Content, or services available through the Site at any time without notice. PhillyGradCoach will not be liable to you or any third party for any modification or discontinuance of the services therein.
Some of the Content in the Site may now or in the future be made available under the specific terms of a license agreement. Where any matter contained in these Terms or elsewhere on the Site may be read so as to alter, amend or supersede any part of such license agreement, then the license agreement shall be taken to be the definitive and over-ruling part of these Terms.
All trademarks, service marks, and trade names are proprietary to PhillyGradCoach, unless otherwise noted, in which case they are the trademarks, service marks, and/or trade names of the respective owner as indicated by the mark, as the case may be. All rights are reserved by the respective owners. You may not use any PhillyGradCoach-provided service marks, logos or graphics, without PhillyGradCoach’s prior written consent, except that you shall have the right, and obligation, to use any PhillyGradCoach or other content provider service mark or logo included in, or required to be used in connection with, Content or other functionalities of the Site, subject to the requirements set forth in these Terms for the use of the Content or other functionalities of the Site.
All rights, including copyright and database right, in this Site and the Site’s content (including all text, images, software, illustrations, artwork, high resolution photography, video clips, audio clips, any after-sales material, and ancillary materials) are owned by or licensed to PhillyGradCoach, or otherwise used by PhillyGradCoach as permitted by applicable law or agreement. In the case of User Content, the contents are licensed to PhillyGradCoach by the user as set forth herein.
8. Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE PhillyGradCoach SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PhillyGradCoach DOES NOT WARRANT THAT ANY CONTENT IS COMPLETE OR ACCURATE, THAT THE PhillyGradCoach SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY CONTENT IS FREE OF ROGUE PROGRAMMING. NOADVICE OR CONTENT OBTAINED BY YOU FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
YOUR DOWNLOADING OF ANY CONTENT FROM OR THROUGH THE SITE AND IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITATION, 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.
9. Limitation of Damages
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PhillyGradCoach BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE PhillyGradCoach, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON CONTENT AVAILABLEON THE PhillyGradCoach WEBSITE, , INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF CONTENT, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.