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Terms of Service

MISSION

This Website, www.imaginepittsburgh.com, and its affiliated websites including www.alleghenyconference.org, www.pittsburghregion.org, and www.pittsburghchamber.com, (collectively the “Website”) is designed to inform and showcase the Pittsburgh region as an exceptional place to live, work and play, and is owned and operated by the Allegheny Conference on Community Development and its Affiliates (“the Conference”), a 501(c)(3) non-profit corporation. The Conference is providing the information and services on this Website in furtherance of its non-profit and tax-exempt status. Anyone who accesses this Website, whether as a sponsor of the Website, a visitor reviewing/using content or an author posting comments, is regarded as a “User” (“User” also referred to as “you/your”) and is subject to these Terms and Conditions of Use (“Terms”), notwithstanding the prior sentence, sponsors are also subject to the terms stipulated in their Sponsorship Agreement. Your use of our Website is evidence of your binding acceptance of these Terms, which may be modified from time to time. As part of our right to establish the rules governing our Website, we may, but are not required, to take any of the following actions if we regard them as necessary. We may do so in our discretion and we are not required to give notice to you when we: (1) suspend, terminate or otherwise limit or restrict your access to all or any part of our Website; (2) change, suspend, or discontinue all or any part of the services we provide; (3) decline to make content available on our Website or remove content once it is available or (4) deactivate accounts and all related information and files. By using our Website, you agree that we will not be liable to you or any third party for taking any of the above actions.

CONTENT

Users are solely responsible for all content they make available on our Website. All content provided by a User shall be subject to these Terms and our Privacy Policy. Any User who makes content available, also certifies that he/she owns all intellectual property rights in the content and grants the Conference a worldwide, irrevocable, royalty-free, nonexclusive license to display content on our Website. This license shall have the widest possible application. We have the right, but not the obligation, to remove any content that may violate these Terms or that is otherwise objectionable. All communications made by you to the Conference regarding the Website’s content, including but not limited to feedback, questions, comments, and suggestions must be made: (a) without the right to an expectation of confidentiality in your communications and the Conference shall have no obligation to protect your communications from disclosure; (b) with a perpetual license from you to the Conference to use, reproduce, disclose and distribute your communications to others without limitation; and (c) the permission from you to the Conference to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production or marketing of events, products and/or services that incorporate such information.

Notwithstanding the above, if applicable, designated sections of this Website may request Users to provide personally identifiable information to Sponsors of the Website. In the event that a User chooses to provide personally identifiable information to Sponsors, the User certifies that the personally identifiable information is theirs and is truthful. By providing the personally identifiable information to Sponsors through this Website, User also acknowledges that they have no expectations that a Sponsor will contact them or provide them with any employment or business opportunities. The Conference reserves the right to prohibit your access to such designated sections if we determine that such use interferes with our Website operation or mission.

THIRD PARTY LINKS

Our Website may contain links to other websites owned by third parties. If you choose to leave this Website via links to other websites, including but not limited to those of advertisers or our sponsors, the Conference is not responsible for the privacy policies of those websites or the cookies used by those websites. In addition, because the Conference has no control over such websites or resources, you acknowledge and agree that the Conference (1) is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources and (2) you further agree that the Conference will not be responsible or liable for any loss or damage of any sort incurred by you as the result of any of your transactions with such websites or resources.

INTELLECTUAL PROPERTY RIGHTS

This Website may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of the Conference and/or third parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of the Conference or third parties is granted to you without the express written consent of the Conference. The following is a non-comprehensive list of the property trademark rights owned by the Conference: ImaginePittsburgh, Pittsburgh: Imagine What You Can Do Here and CompetePA.

COPYRIGHT

If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our Copyright Notice. All content on our Website is subject to United States copyright law, international treaties, and other applicable copyright laws and may not be copied without our express permission and, if applicable, that of the Author, who reserves all rights. Reuse without appropriate permission is strictly prohibited. As a courtesy, we are willing to perform a limited investigation of reasonable complaints. However, we provide no guarantee that we will remove materials from our Website. If you believe that your intellectual property rights have been violated on our Website, please provide the following information to the address listed on our Copyright Notice: (1) a clear description of the copyrighted work that you claim has been infringed and a description of where it is located on the Website; (2) your address, telephone number and e-mail address; (3) a statement that you have a good-faith belief that the use is not authorized by the copyright laws or other intellectual property law; (4) a statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or an authorized agent of the owner and (5) your electronic or physical signature.

We may request additional information before we remove any infringing material and/or provide the alleged infringing party with your e-mail address so that that person can respond to your allegations. We reserve the right to remove content pending resolution of the matter.

If your materials have been removed based on the complaints of another party, we will use commercially reasonable efforts to provide you with notice, including if available the e-mail address of the complaining party so that you may attempt to resolve the issue.

CHILDREN AND MINORS

By using or attempting to use this Site, you certify that (i) you are at least 13 years of age or, if under the age of 13, you have the consent of your parent or guardian (over the age of 18) to use the Site, or (ii) you are at least 18 years of age. If you do not meet these requirements, please discontinue using this Site immediately.

PRIVACY POLICY

All of the information that we collect from you is subject to our Privacy Policy. To the extent you provide information, including personally identifiable information about yourself to the Conference, you agree to be bound by the Terms and Conditions of this Website and you represent and warrant to us that the information and personally identifiable information provided is true, accurate, current, and complete. It is your responsibility to update your information. The technology and the software underlying our Website is the property of the Conference, its affiliates and licensors. You have no interest in this property and cannot disclose, use, copy, modify or transfer it in any way without our prior express written permission. Notwithstanding, the prior sentence, Sponsors of this Website shall maintain ownership, responsibility and liability for any content they provide on this Website. Unauthorized access to our Website is a breach of these Terms and a violation of the law. You agree not to access our Website by any means other than those approved by us. You agree not to use any automated means to access, monitor, or copy any part of our Website. You agree that you will not use any device, software or other instrumentality to interfere with the operation of this Website, and that you will not take any action that imposes an unreasonable or disproportionately large burden on the Website’s infrastructure.

Our Privacy Policy discloses the types of information we gather, how we use it, and how to correct or change it. This policy is subject to change. The Conference does not knowingly collect any personal information from anyone under 13 years of age. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.

CONDUCT

The Conference reserves the right, in our sole discretion to determine what conduct is prohibited and we will fully cooperate with all law enforcement requests or requirements relating to your use of our Website. The following are only examples of prohibited conduct on our Website: (1) violate the legal right of others or otherwise violating the law in any way; (2) transmit information that may affect the operation of another person's system, such as files that contain viruses or corrupted files; (3) collect Users’ information or access this site through automated means without our permission; (4) engage in unlawful multi-level marketing; (5) advertising (including contests) without our express prior written consent; (4) post unauthorized commercial communications such as spam; (6) access an account or login information belonging to someone else; (7) bully, intimidate or harass any User; (8) post content that is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; and/or (9) interfere with our Website, including overloading.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold the Conference and all of our shareholders, officers, directors, employees, agents, affiliates, and licensors (collectively, the "Indemnified Parties") harmless from and against any and all liabilities, losses, costs, and expenses (including attorneys' fees) incurred by any Indemnified Party in connection with any claim directly or indirectly arising from your use of our Website in any way.

EXCLUSIONS AND LIMITS

ALL CONTENT ON IMAGINEPITTSBURGH.COM IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR WEBSITE. OUR WEBSITE AND ITS CONTENT ARE DISPLAYED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL OBTAINED THROUGH OUR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF OUR WEBSITE. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITE OR ANY ASPECT THEREOF. WITHOUT LIMITING THE GENERALTY OF THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKES ANY REPRESENTATION OR WARRANTY THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT ANY ERRORS WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK OF ALL POTENTIAL LOSS, DAMAGE OR LIABILITY WITH RESPECT TO YOUR USE OF OUR WEBSITE. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE OF OUR WEBSITE OR THE INABILITY TO USE OUR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

DISPUTE RESOLUTION

The Conference may choose to resolve any claim arising out of or relating to these Terms by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Pittsburgh, Pennsylvania and must be filed within one (1) year after such claim or cause of action arose or is forever barred.

GENERAL

These Terms, including all terms, conditions, and policies that are incorporated into these Terms by reference, constitute the entire agreement between you and us regarding this Website. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. We will comply with the notice provisions of all laws by posting them on our Website. These Terms shall be construed in accordance with the laws of the State of Pennsylvania (excluding those laws relating to conflict of laws). If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms shall continue in effect.

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