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You understand and agree that various entities unaffiliated with us make up the “mobile ecosystem” that enables you to access, visit and/or use the Website via your computer, mobile or other device, including without limitation equipment, hardware and software manufacturers and providers, telephone, mobile, wireless, and Internet network providers and carriers, and sellers or providers of content for use with the Website (collectively, the “Mobile Participants”). We do not represent, warrant or guarantee that all portions of the Website, or the Website as a whole, can be accessed via all mobile or other devices, or via all carriers and service plans or is available in all geographic locations.
The Website may now, or in the future, contain hyperlinks to websites operated by parties other than PARAMOUNT. Such hyperlinks are provided for Your reference only. PARAMOUNT does not control such websites and is not responsible for their content. PARAMOUNT’s inclusion of hyperlinks to other websites does not imply any endorsement of the material or products on such websites.
COMPLIANCE WITH LAW
Users of this Website are solely responsible for compliance with all laws, rules and regulations, federal, state, local, or foreign, applicable to the use of this Website and the information, content, material and services contained herein. PARAMOUNT intends and has designed this Website for users 18 years of age and older and does not authorize use by anyone younger than 18.
VENUE AND JURISDICTION
Claims relating to this Website, to the use of this Website, and to the information, content material and services available through this Website are governed by the laws of the United States of America and the State of Pennsylvania, as applicable. You hereby unconditionally, voluntarily and irrevocably consent to the exclusive jurisdiction and venue of the United States District Courts of the Eastern District of Pennsylvania, and the courts of general jurisdiction of Philadelphia, Pennsylvania, in any claim or dispute concerning, relating to, or arising from this Website and any information received from or through this Website. You agree not to plead forum non conveniens in any such action and you consent to service of process.
We provide this Website for use only by people in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be permitted by law by certain people in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local statutes and regulations.
VISITOR ONLINE CONDUCT
ACCURACY OF CONTENT
SUBMISSIONS AND CONFIDENTIALITY
All comments, feedback, information, and materials submitted to PARAMOUNT through the Website (“Submissions”) will become the non-confidential property of PARAMOUNT. By providing a Submission to PARAMOUNT, You grant PARAMOUNT a royalty free, perpetual, irrevocable, non-exclusive, worldwide license (with the right to sublicense) to use, reproduce, distribute, modify, create derivative works of, and publicly display, Your Submission in any media and to make, sell, offer for sale, import, and otherwise transfer Your Submission to any party for any purpose not prohibited by applicable law.
COPYRIGHT, TRADEMARK AND INTELLECTUAL PROPERTY
Our Content (including, without limitation, any computer source code, object code, html code or other code comprising this Website) is owned by or licensed to PARAMOUNT. The copyright in and to this Website and Our Content is owned by PARAMOUNT. PARAMOUNT retains and reserves all rights in and to this Website and Our Content. The reproduction, distribution, transmission, display or use of this Website and any of Our Content is prohibited without the prior written consent of PARAMOUNT.
PARAMOUNT grants you permission to display, copy, distribute, print or download Our Content for your personal use only. Except as expressly authorized by PARAMOUNT, if you display, copy, distribute, print or download Our Content on this Website, then you may not modify it and you must retain all copyright and other proprietary notices contained in this Website and Our Content.
PARAMOUNT and the Website’s domain name are service marks, trade names, service marks, or otherwise protected property of PARAMOUNT and may not be used, copied or imitated without the prior written consent of PARAMOUNT. PARAMOUNT’s intellectual property may not be used in connection with any service or information that is not PARAMOUNT’s. PARAMOUNT’s intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that unfairly disparages PARAMOUNT. Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this Website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property. You may not mirror any of Our Content contained in this Website on any other Website or server.
The Website’s content, design, and user interface are protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The Website contains copyrighted material, trademarks and other proprietary information of PARAMOUNT (collectively, “Proprietary Information”), which may include, but will not be limited to: text, email/fax communications, software, graphics, images, and sound. Except as provided in this TOU Agreement, You agree not to modify, publish, copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Information without prior written authorization from PARAMOUNT.
DIGITAL MILLENNIUM COPYRIGHT ACT, TRANSMISSION OF THIRD-PARTY CONTENT
You may not copy to, upload to, post to or otherwise distribute on this Website anything protected by copyright law or other proprietary rights, unless the owner of the applicable copyright or proprietary right has given you express written authorization for such copying, uploading, posting or distribution.
Any material for which permission has been granted to copy, upload, post or otherwise distribute must contain all requisite copyright management notices and language indicating that such material is being used by express permission of the owner thereof.
The unauthorized use, uploading, posting, or distribution of information, material or content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.
PARAMOUNT, ITS SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES, ARE NOT LIABLE FOR DAMAGES RESULTING FROM ANY INFRINGEMENT RESULTING FROM YOUR ACTIONS INVOLVING COPYRIGHTED OR PROPRIETARY RIGHT PROTECTED MATERIAL.
PARAMOUNT, pursuant to the Digital Millennium Copyright Act, designates the PARAMOUNT marketing manager to receive complaints and notices of suspected copyright infringement. If you believe that your work has been copied and is accessible on this Website in a way that constitutes infringement, you may notify PARAMOUNT at [email protected] and by providing the marketing team the following information:
The marketing department may also be reached by regular mail at 1150 First Avenue Suite 1001 King of Prussia PA 19406.
You are prohibited from copying to, uploading to, posting to or otherwise distributing on, this Website any unlawful, threatening, obscene, improper, intimidating, libelous, defamatory or slanderous comments, jokes, images, information, content or material that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could result in any civil or criminal liability for either yourself or for PARAMOUNT, its members, shareholders, principals, directors, trustees, officers, employees, agents, affiliates or any such similarly situated persons or entities.
OWNERSHIP OF THIRD-PARTY CONTENT
PARAMOUNT may display information, content and material supplied by visitors and other third parties on its Website. PARAMOUNT maintains no editorial control over this information, content and material. The information, content and material supplied by visitors and other third parties belongs to the respective owners of thereof.
PARAMOUNT DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES, AND SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTENT AVAILABLE ON THIS WEBSITE SUPPLIED BY THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTENT AVAILABLE ON THIS WEBSITE SUPPLIED BY THIRD PARTIES.
LIMITATION ON USAGE
PARAMOUNT MAY LIMIT OR TERMINATE YOUR USE OF OR ACCESS TO THE WEBSITE OR THE SERVICES PROVIDED ON THE WEBSITE WITHOUT NOTICE TO YOU.
EDITING, DELETING AND MODIFICATION
PARAMOUNT reserves the right in its sole discretion to edit, delete, modify, suspend or discontinue any information, content, material, feature, aspect, product or service comprising, or available through, this Website at any time. PARAMOUNT may alter the availability of any feature of this Website or service at any time.
LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THIS WEBSITE SHALL BE TO TERMINATE AND DISCONTINUE YOUR USE OF OR ACCESS TO THIS WEBSITE.
DISCLAIMER OF INTENT TO PROVIDE PROFESSIONAL ADVICE, SERVICES OR PRODUCTS
PARAMOUNT DOES NOT PROVIDE LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE OR SERVICES THROUGH THE WEBSITE. THE INFORMATION PROVIDED BY PARAMOUNT THROUGH THE WEBSITE IS NOT INTENDED TO BE AND SHOULD NOT BE CONSIDERED PROFESSIONAL OR LEGAL ADVICE. YOU SHOULD NOT USE THE INFORMATION PROVIDED THROUGH THE WEBSITE AS A SUBSTITUTE FOR THE ADVICE OF A COMPETENT PROFESSIONAL.
This Website may include statements concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products and services, as well as our intentions, plans and objectives, particularly with respect to product and service offerings, that look to the future. We based these statements on many assumptions and estimates. These assumptions and estimates are subject to significant uncertainties, many of which are beyond are control. When used on this Website, we intend verbs like “anticipates”, “expects”, “believes”, “estimates”, “seeks’, “plans”, “intends”, “will” and the like to fall within safe harbors of the securities laws for forward-looking statements. This Website and its content do not constitute an offer or a solicitation of an offer for the sale of securities.
PROPOSED PRODUCT AND SERVICE OFFERINGS
PARAMOUNT has based all of the descriptions of any proposed products and services on assumptions subject to change. You should not rely on the availability or performance of products or services if and until the Website actually makes them available. PARAMOUNT reserves the right in its sole discretion to determine how to award offerings and other promotions, including their scope, terms, nature and timing.
INFORMATION AND PRESS RELEASES
This Website may contain certain information and press releases about PARAMOUNT. Although we believe this information to be accurate as of the date of its dissemination, we disclaim any duty or obligation to update this information or any press release. Do not rely on information about companies other than PARAMOUNT or assume that PARAMOUNT has endorsed that information.
NO JOINT VENTURE
PARAMOUNT shall not be liable to you, nor shall any remedy be extended, for failure of performance or of goods or services due to causes beyond PARAMOUNT’s reasonable control, including but not limited to acts of God, fire, explosion, lightening, flood, earthquake, tornado, storms, meteorological, hydrological or geological conditions or other catastrophes caused thereby; any law, statute, order, regulation, fiat, direction, action or request or any governmental or regulatory authority, entity or agency, or any civil or military authority; emergencies; civil unrest, insurrections, riots, or wars; the unavailability of rights of way, third-party services or materials, or strikes, lock-outs, work stoppages, labor shortages or other labor difficulties; or transmission failures, telecommunication line or power breaks or outages, viruses, denial of service attacks, or Internet failures.
CHANGE OF TERMS
LINKS TO OTHER ACCOUNTS AND WEBSITES
The Website may contain links to other Websites. We are not responsible for the content, accuracy or opinions expressed in, or the existence of, such Websites, and PARAMOUNT does not investigate, monitor or check for accuracy or completeness. Including a linked Website on this Website does not imply approval or endorsement of the linked Website by PARAMOUNT. If you decide to leave our Website or access these third-party sites, you do so at your own risk. PARAMOUNT is not liable for damages, irrespective of their nature, incurred by the use or non-use of third parties’ web pages.
You may be able to connect your PARAMOUNT account to third parties’ accounts. By connecting your account to third parties’ accounts, you acknowledge and agree to the continuous release of information about you to third parties. If you do not want such information to be shared in this manner, you may not use this feature.
We control, operate and administer this Website from our office in the United States. If you access the Website from outside the United States, you are responsible for compliance with the laws of any applicable jurisdiction. You agree that you will not access the Website or use Our Content in any manner that is restricted by any applicable statutes or regulations.
SEVERABILITY AND INTEGRATION
Unless otherwise specified in this TOU Agreement or the Website, this TOU Agreement constitutes the entire agreement between You and PARAMOUNT with respect to the Website. If any part of this TOU Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, You agree that that portion of the TOU Agreement may be modified to the minimum extent necessary to give effect to the original intent of the parties and to comply with applicable law. The remaining portions of the TOU Agreement will otherwise remain in full force and effect.
You agree that all matters relating to Your access to, or use of, the Website, all matters relating to this TOU Agreement, and all Disputes, will be governed by the laws of the State of Pennsylvania, which will apply in all respects, including statutes of limitation. No choice of law rules of any jurisdiction will apply to nullify this choice of Pennsylvania law.
No waiver by PARAMOUNT of any breach of this TOU Agreement by You shall be deemed to be a waiver of another breach of the same or of any other provision, and such waiver shall not estop PARAMOUNT from asserting any right under the terms of this section or TOU Agreement. You may not assign or transfer Your rights under this TOU Agreement without PARAMOUNT’s express written consent.
SUCCESSORS AND ASSIGNS
All provisions of this TOU Agreement shall be binding upon and inure to the benefit of the PARAMOUNT’s and Your successors and assigns.
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