1. Your Acceptance
A. These terms of service (“Terms of Service”) are a binding legal agreement between you and PAHA, (“PAHA”), regarding your use of any sites owned by PAHA (including but not limited to this website, any of the other PAHA Network websites – i.e., the sites listed on PAHA.COM/SITES), and any products or services available from the websites (collectively, the “Websites”). Please read these Terms of Service carefully. By accessing or using the Websites, you signify your agreement to (1) these Terms of Service, and (2) the Community Guidelines incorporated here by reference. If you do not agree to any of these terms or the Community Guidelines, please do not use the Websites.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version of the Terms of Service. PAHA, in its sole discretion, may modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. The Websites
A. These Terms of Service apply to all users of the Websites, including users who are also contributors of content, information, and other materials or services on the Websites.
B. The Websites may contain links to third party websites that are not owned or controlled by PAHA. PAHA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, PAHA will not and cannot censor or edit the content of any third-party site. By using the Websites, you expressly relieve PAHA from any and all liability arising from your use of any third-party website.
3. General Use of the Websites — Permissions and Restrictions
PAHA hereby grants you a revocable, non-transferable, and non-exclusive permission to access and use the Websites as set forth in these Terms of Service, provided that:
A. You agree not to distribute in any medium any part of the Websites, including but not limited to Content and User Submissions (each as defined below), without PAHA’s prior written authorization.
B. You agree not to alter or modify any part of the Websites, including but not limited to PAHA’s technologies.
C. You agree not to access User Submissions (defined below) or Content through any technology or means other than any as authorized by this Terms of Service or a written agreement between you and PAHA.
D. You agree not to use the Websites for any commercial use without the prior written authorization of PAHA. Prohibited commercial uses include, but are not limited to, any of the following actions taken without PAHA’s express approval:
1. Sale of access to the Websites, Content or services via another website or medium (such as a mobile application);
2. Use of the Websites, Content or services for the purpose of gaining advertising or subscription revenue;
3. The sale of advertising, on the Websites or any third-party website, targeted to the content of specific User Submissions or the Content;
4. Any use of the Websites, Content, User Submissions or services that PAHA finds, in its sole discretion, has the effect of competing with or displacing the market for the Websites, Content or User Submissions.
E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Websites in a manner that sends more request messages to the PAHA servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, PAHA grants the operators of public search engines permission to use spiders to copy materials from the Websites for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. PAHA reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Websites, nor to use the communication systems provided by the Websites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites with respect to their User Submissions.
F. You will otherwise comply with the terms and conditions of these Terms of Service, Community Guidelines, and all applicable local, national, and international laws and regulations.
G. You agree not to impersonate any person or organization.
H. You agree not to harass any other user.
I. PAHA reserves the right to discontinue any aspect of the Websites or services at any time.
4. Your Use of Content on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Websites.
A. The content on the Websites, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, pictures, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to PAHA, subject to copyright and other intellectual property rights under the law. Content on the Websites 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. PAHA reserves all rights not expressly granted in and to the Websites and the Content.
B. You may access User Submissions solely:
1. For your information and personal use in accordance with these Terms of Service; and
2. As intended through the normal functionality of the Websites.
C. User Comments (as defined below) are made available to you for your information and personal use solely as intended through the normal functionality of the Websites. User Comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as expressly authorized under this Agreement.
D. You may access Content, User Submissions and other content only as permitted under this Agreement. PAHA reserves all rights not expressly granted in and to the Content and the Websites.
E. You agree to not use, copy, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Content other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Websites for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or the Content therein.
G. You understand that when using the Websites, you will be exposed to User Submissions from a variety of sources, and that PAHA 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, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PAHA with respect thereto, and agree to indemnify and hold PAHA, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Websites.
H. API, RSS FEED AND “ADD TO YOUR BLOG” FUNCTIONALITY. From time to time PAHA may allow you to access and display Content via an application protocol interface (API), RSS Feed, linking mechanism (e.g., “Add To Your Blog”), or other means (“Permitted Distribution Mechanisms”). All such usage must comply with this Terms of Service and any applicable Permitted Distribution Mechanisms terms posted by PAHA. For example, you may not aggregate the Content on your website or application, whether through an RSS Feed or otherwise, and any such aggregation is an express violation of the Terms of Service. Similarly, any commercial exploitation of the Content by you (without the express written or email authorization of PAHA) is a violation of the Terms of Service. You may access the Content through the API, you may do so with the prior written or email consent of PAHA, and by using the PAHA API you agree to the API Terms of Service located at our API Terms Of Service Page. You may only use the Permitted Distribution Mechanisms in connection with a non-commercial application or website unless otherwise permitted by PAHA in writing. By way of example, your application must be free of charge, and you may not sell or monetize your application or website in any manner, including, but not limited to, charging end users to obtain your application or displaying advertisements via your application or website or banner advertisements on or around the Content. PAHA may revoke your right to use any Permitted Distribution Mechanism in its sole discretion. PAHA may limit the nature and amount of Content you access via a Permitted Distribution Mechanism in its sole discretion.
5. Your User Submissions and Conduct
A. You may submit content (e.g., photographs, graphics, videos) and/or user comments (“User Comments”) to PAHA. User submitted content and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, PAHA does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize PAHA to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites and these Terms of Service.
C. For clarity, you retain ownership of all copyrights you may have in your User Submissions. However, by submitting User Submissions to PAHA, you hereby grant PAHA a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, adapt, modify, sell, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions (in whole or in part), for any purpose whatsoever, and to incorporate User Submissions in other works in any form, media, or technology now known or later developed. The foregoing license shall be broadly construed, and shall include, without limitation the right to: (i) promote and redistribute part or all of the User Submissions (and derivative works thereof) in any media formats and through any media channels, (ii) incorporate the User Submissions on tangible or intangible products (e.g., cups, clothing) for resale or otherwise, and (iii) use the User Submissions for promotional purposes, whether to promote the Websites, other PAHA products or services, or third party products or services. By way of clarification and not limitation, you acknowledge that you will not be entitled to any royalties or any other payment as a result of any efforts by PAHA to exploit any User Submissions. By way of further clarification, PAHA may freely sublicense the rights that you grant it in this Section to a third party. To the extent necessary for PAHA to exercise its rights under the foregoing license, you hereby grant PAHA a perpetual, royalty-free and irrevocable license to exploit any personality, publicity, or privacy rights in and to the User Submissions and in your likeness as contained therein. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms of Service.
D. In connection with User Submissions, 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, personality 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 PAHA all of the license rights granted herein.
E. You agree that your conduct on the Website will comport with the Community Guidelines which may be updated from time to time.
F. PAHA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and PAHA expressly disclaims any and all liability in connection with User Submissions. PAHA does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and PAHA will remove all Content and User Submissions if properly notified in a manner consistent with law and PAHA’s Copyright Infringement Notification policy that such Content or User Submission infringes on another’s intellectual property rights. PAHA reserves the right to remove Content and User Submissions without prior notice.
G. If you provide feedback to us regarding the Websites, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
6. Termination Policy
A. You may terminate your use of the Website at any time. PAHA may suspend or terminate your access to the Websites or terminate these Terms of Service, at any time, for any reason. If PAHA suspects that you have violated any provision of these Terms of Service, PAHA may also seek any other available legal remedy. Your rights under these Terms of Service will terminate automatically if you breach any part of these Terms of Service. You remain solely liable for all obligations related to use of the Websites, even after you have stopped using the Websites.
B. PAHA reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. PAHA may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.