1. Permitted Uses and Users
2. Agreement to be Legally Bound by These Terms
3. Limited License
- You may not modify the Content in any way (including the removal of any copyright or other proprietary notice contained in the Content), or reproduce or publicly display, perform, or distribute or otherwise use them for any commercial purpose; and
4. Site Username Accounts
B. Although ERIE will not be liable for your losses caused by any unauthorized use of your username account, you will be liable for the losses of ERIE or others due to such unauthorized use.
C. ERIE may use the information you provided on this and any other website operated by ERIE for any purpose, commercial or non-commercial, including distribution of electronic mail messages to any email address provided.
5. Permissions and Restrictions
A. You agree not to distribute any part of the Site, in any medium, without the prior written consent of ERIE other than through functions and features provided through the Site such as the "share" button.
B. You agree not to alter or modify any part of the Site.
C. You agree not to use any part of the Site for any commercial use without the prior written authorization of ERIE. Prohibited commercial uses include without limitation any of the following actions taken without ERIE's express written approval: 1) sale of access to the Site on another website; 2) use of the Site or any information on the Site for the purpose of gaining advertising or subscription revenue; or, 3) the sale of advertising on the Site or any third-party website targeted to any information on the Site.
D. Prohibited commercial uses do not include uploading of original material to the Site approved in advance or expressly authorized by ERIE in writing.
G. ERIE reserves the right to discontinue any aspect of the Site at any time.
6. Your User Submissions and Conduct
A. As a JOINTHESHIFT.ORG username account holder you may submit text, audio and video content ("User Content"). User Content and similar interactive features where a User provides any submission are collectively referred to as "User Submissions." You understand that ERIE does not guarantee any confidentiality or security with respect to any User Submissions.
D. In connection with User Submissions, you further agree that you will not submit material that is defamatory, obscene, lewd, or that contains any sexual content. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ERIE all of the license rights granted herein.
7. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Site.
A. The information and materials on the Site, except User Submissions, including without limitation, text, software, code, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks, and logos contained therein (collectively, the "Marks"), are owned by or licensed to ERIE unless expressly disclaimed and are subject to copyright, trademark and other intellectual property rights under the law. However some information and materials on the Site may be the property of a third party and incorporated into the Site for commentary or criticism or other form of fair use. Where this information and materials is found, ERIE disclaims ownership in that third party information and materials. Content on the Site is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners other than through functions and features provided through the Site such as the "share" button. ERIE hereby grants users of the site who are eligible to participate in the Contest the right to download, copy and display in physical form only the content of "downloads" on the Site including the posters provided for download under the "Spread the Word" section of the Site. ERIE reserves all rights not expressly granted in and to the Site and the Content.
B. You may access User Submissions solely for your information and personal use as intended through the normal functionality of the Site.
D. You agree to not engage in the use, copying, or distribution of any of the Content other than as expressly permitted herein, and you agree not to engage in the use, copying, or distribution of any User Submissions of third parties obtained through the Site for any commercial purposes.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content.
F. You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that ERIE is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable to you personally, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ERIE with respect thereto, and you agree to indemnify and hold ERIE, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
G. ERIE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ERIE expressly disclaims any and all liability in connection with any User Submissions. ERIE does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and ERIE will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ERIE reserves the right to remove Content and User Submissions without prior notice.
8. Account Termination Policy
9. Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 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 copyrighted 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and, if available, an e-mail address;
- A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may contact ERIE's designated Copyright Agent to receive notifications of claimed infringement at: DMCA TAKE-DOWN NOTICE, Erie Insurance Group, 100 Erie Insurance Place, Erie, PA 16530-1104; email: email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
B. Counter-Notice. 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 the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement 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
- Your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in Erie, Pennsylvania and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, ERIE 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. ERIE, at its sole discretion, may replace the removed content.
THE SITE, AND CONTENT ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
11. Third Party Sites
As a convenience to you, ERIE may provide, on the Site, links to websites operated by other entities. If you link to and use any such websites, you will leave this Site and may be subject to the terms and conditions governing the use of such websites. Clicking on any link within this Site to a third party website is done solely at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements that may arise or result from the use of any website. ERIE makes no warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Links to third party websites do not imply that ERIE or this Site sponsors, endorses, is affiliated or associated with such third parties, or that ERIE is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such websites, or that any linked website is authorized to use any trademark, trade name, logo or copyright symbol of ERIE.
12. Information Provided By You
ERIE does not want you to, and you should not, send any confidential or proprietary information to ERIE via the Site. Do not send other business proposals, inventions or ideas to ERIE through the Site. You agree that any materials or information that you or individuals acting on your behalf provide to ERIE through this Site will not be considered confidential or proprietary, except to the extent it is nonpublic personal information covered by ERIE’s Privacy Notice. To the extent you provide any materials or information to ERIE other than nonpublic personal information covered by ERIE’s Privacy Notice, you grant to ERIE an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, sublicense, transmit and distribute such materials and information, in any medium and in any form, and you further agree that ERIE is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to ERIE through or by means of this Site. You further recognize that ERIE does not want you to, and you warrant that you will not, provide any information to ERIE that is defamatory, threatening, obscene, harassing, or otherwise unlawful, that infringes the intellectual property rights of another, or incorporates the proprietary material of another.
This Site is not directed to or intended for children age 12 or under. If you are age 12 or under, do not use this Site and do not provide any information or User Submission to this Site. By using this Site you affirm that you are at least 13 years of age.
14. Limitations of Damages
IN NO EVENT WILL ERIE, ITS EMPLOYEES, OFFICERS, DIRECTORS OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON ANY INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE ANY ASPECT OF THE SITE INCLUDING THE MATERIALS, CONTENT, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF ERIE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Location of Use and Choice of Law
This Site is controlled, operated and administered by ERIE from its offices within the Commonwealth of Pennsylvania, United States of America. ERIE makes no representation that this Site, or any Content or User Submission, is appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. The Site is not intended to, and may not be used to, provide information regarding insurance products in any state where ERIE is not licensed to do business. You may not use the Site or export the Content in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
18. Relation to Other Agreements or Policies