Acceptance of Terms

THESE TERMS AND CONDITIONS OF SERVICE (the "Terms") are a legally binding agreement between you and PAEnflowered, Inc. (“The Company”) governing your use of the PAEnflowered application located at https://www.paenflowered.org/ (the "Site"). Please review these Terms fully before you continue to use the Site. By using the Site, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices. If you do not agree, please discontinue using the Site. The Company reserves the right to change the Terms at any time with or without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly.
Your use of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service or Content, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

Specific Terms

Any use of the PAEnflowered application, including use of the application through a third-party product that may access PAEnflowered, is bound by terms of this agreement plus the following specific terms:

• You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, compensatory, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from your use of the PAEnflowered application or third-party products that access data via the PAEnflowered application.
• You shall not use the PAEnflowered application in any manner that adversely impacts the stability of the application servers. Such abuse may result in temporary or permanent suspension of your access to the application without reimbursement of any fees, donations, or other monetary relief. The Company, in its sole discretion, will determine what constitutes adverse impacts.
• The Company reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the application (or any part thereof) with or without notice and with or without cause.
• The Company reserves the right at any time to introduce new versions of the application and to discontinue current versions of the application with or without notice.
• Given the expansive and global reach of the internet, you expressly agree to abide by and comply with any and all local or applicable laws or rules regarding online conduct regardless of your region or area of access—particularly as such applies to the transmission of internet-based or other data from the United States or your country of residence.
• You agree to attribute https://www.paenflowered.org/ as the source of the data accessed via the PAEnflowered application wherever it is used or displayed. Whenever possible, please accompany this with a link back to https://www.paenflowered.org/

Intellectual Property Issues

The Site is owned by the Company. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs ("Content") is owned or licensed by the Company.
Pursuant to the copyright and trademark laws of the United States, you agree:

• That you may only download Content that the Company designates as offered for download, and to download only to any single device a single copy of any Content for personal and non-commercial use.
• To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), sell or exploit for any commercial purposes any Content derived from the site without specific written authorization from the Company or the designated copyright holder (i.e., photographers who own copyright on their own images).
• To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
• To refrain from framing or mirroring any portion of the Site.
• That by posting or submitting any images, text or other materials to the Site you grant the Company a royalty-free permanent license for the worldwide use and/or sublicense of such materials. Such license shall include the right to exploit any proprietary rights in the posting or submission.
• Linking directly to PAEnflowered images is a violation of these Terms of Use.
• Inquiries:
• To inquire about reuse of images, contact the designated copyright holder for each image.
• To inquire about uses beyond image reuse, contact the PAEnflowered Team (admin@paenflowered.org).

Liability

The Site and all material and information posted on it is provided to you "as is" without any warranties. You agree that you must evaluate and bear all risks associated with the use of the Site, including those risks associated with reliance on the accuracy, thoroughness, or utility of any Content.

You acknowledge that due to the immediate nature of this medium, The Company does not always review, censor, approve, edit, or endorse information placed on the Site by its users, and cannot guarantee that inappropriate material will not be posted. The Company will review user postings from time to time and will take steps to remove inappropriate postings that come to its attention.

The Site may provide, or third parties may provide, links to other sites or resources. Because The Company has no control over such sites and resources, you acknowledge and agree that The Company is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Company shall not be responsible or liable for any damage or loss caused or alleged to be caused in connection with use of or reliance on any such linked content, goods or services available on or through any such linked site or resource.  Any use of the Site or any other resource or application owned by The Company constitutes your release of The Company from liability for or arising out of, your use of such.

User Conduct

All users including you shall use the Site for lawful purposes only. You agree not to post or transmit through the Site any material that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, which encourages criminal conduct, or that may give rise to civil liability. You agree not to post or transmit through the site any material or text which constitutes advertising or solicitation with respect to any product or service, unless expressly authorized in writing by The Company to do so.

Conduct by any user that, in the sole opinion of The Company, constitutes over use or abuse of the right to access data which restricts or inhibits any other user from using or enjoying the Site will not be permitted. The Company reserves the right to refuse access to the Site to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms or any of the copyright or trademark laws of the United States.

CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, The Company RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING BUT NOT LIMITED TO INJUNCTIVE RELIEF) FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to assume full and sole responsibility for any postings you make to the Site.

Indemnification

You agree to indemnify, defend, and hold harmless The Company; its affiliates and partners; and their respective officers, directors, employees, agents, members, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms. The Company reserves the right to assume, at its sole expense, the exclusive defense, and control of any matter subject to indemnification by you, in which event you will fully cooperate with The Company in asserting any available defenses.

Privacy Policy

Miscellaneous Provisions

These Terms constitute the entire agreement between you and The Company and supersede any prior agreements, including, but not limited to, prior version of these Terms. Such includes any additional terms and conditions that may apply when you use any affiliated or other services provided by The Company, third party content, or third party software.
These Terms, and any other relationship between you and The Company, shall be governed by and construed under the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions.
You agree to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Pennsylvania, County of Allegheny, or any other then-current domicile of The Company within the Commonwealth of Pennsylvania.
Any failure by The Company to enforce or exercise any right or provision of the Terms, or under any applicable state or federal law or regulation, shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is deemed by a court of competent jurisdiction to be invalid, the parties agree that the court should revise or modify the provision to give effect to the parties’ intentions as reflected in the provision. In such an event, regardless of whether the provision is modified, revised, or stricken, the other provisions of these Terms shall remain in full force and effect.