TERMS OF USE
INTRODUCTION
Welcome
to an Internet site of PCI Group (“PCI”). PCI includes
gotdrummers.com, pci-prod.com, sticktape.com, guardtape.com,
pci-group.us and pci-retail.com and other Internet sites affiliated
with PCI Group (each a "PCI Site"); collectively referred
to herein as "we," "us," or "our."
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PCI SITE. By
using the PCI Site, you signify your agreement to these terms of use.
If you do not agree to these terms of use, you may not use the PCI
Site. We reserve the right, at our sole discretion, to change,
modify, add, or delete portions of these terms of use at any time in
accordance with the procedures set forth below in the paragraph
labeled "Amendment."
RESTRICTIONS ON USE OF MATERIALS
All
materials contained in any PCI Site are the copyrighted property of
PCI Group or its subsidiaries or affiliated companies and/or
third-party licensors. All trademarks, service marks, trade names
and trade dress are proprietary to PCI Group or its affiliates or
licensees. No material from any PCI Site or any Internet site owned,
operated, licensed or controlled by us may be copied, reproduced,
republished, uploaded, posted, transmitted or distributed in any way,
except that you may download one copy of the materials on any single
computer for your personal, noncommercial home use only, provided
that (i) you keep intact all copyright and other proprietary notices,
(ii) you make no modifications to the materials, (iii) you do not use
the materials in a manner that suggests an association with any of
our products, services, or brands and (iv) you do not download
quantities of materials to a database that can be used to avoid
future downloads from any PCI Site. The use of any PCI material on
any other Web site or computer environment is prohibited.
In
the event you download software from any PCI
Site, the software, including any files, images incorporated in or
generated by the software and data accompanying the software
(collectively, the "Software") are licensed to you by us or
third-party licensors for your personal, noncommercial home use only.
We do not transfer title to the Software to you. You own the medium
on which the Software is recorded, but we (or our third-party
licensors) retain full and complete title to the Software and all
intellectual property rights therein. You may not redistribute,
sell, auction, decompile, reverse engineer, disassemble or otherwise
reduce the Software to a human-readable form.
SUBMISSIONS
We
are pleased to hear from our visitors and welcome your comments
regarding our products and services. Unfortunately, however, our
long-standing company policy does not allow us to accept or consider
creative ideas, suggestions or materials other than those that we
have specifically requested. We hope you will understand that it is
the intent of this policy to avoid the possibility of future
misunderstandings when projects developed by our professional staff
might seem to others to be similar to their own creative work.
Please do not send us any unsolicited original creative materials
such as stories or ideas, screenplays or original artwork. While we
do value your feedback on our services and products, we request that
you be specific in your comments on those services and products and
not submit any creative ideas, suggestions or materials (unless
specifically requested by us).
If,
through participation in certain activities, you send any material
(e.g., postings to chat, boards or contests) or, despite our request,
you send us unsolicited creative suggestions, ideas, notes, drawings,
concepts or other information (collectively, the "Submissions"),
the Submissions shall be deemed, and shall remain, our property.
None of the Submissions shall be subject to any obligation of
confidentiality on our part and we shall not be liable for any use or
disclosure of any Submissions. Without limitation of the foregoing,
we shall exclusively own all now-known or hereafter existing rights
to the Submissions of every kind and nature throughout the universe
and shall be entitled to unrestricted use of the Submissions for any
purpose whatsoever, commercial or otherwise, without compensation to
the provider of the Submissions or any other person or entity.
FORUMS AND PUBLIC COMMUNICATION
"Forum"
means a chat area, message board, instant messaging, mobile messaging
or email function (including, but not limited to, electronic greeting
cards) offered as part of any PCI
Site. If you participate in any Forum within a PCI
Site, you agree to follow our terms set forth below.
You
acknowledge that anything you submit to a PCI
Site by way of any Forum is routed through PCI’s
servers and the Internet and that, therefore, you have no expectation
of privacy with regard to any such submission. You acknowledge that
the Forums and features on PCI
Sites are forums for public and not private communications. Please
keep in mind that whenever you give out personal information online,
for example, via message boards or chat, that information can be
collected and used by people you don't know. We cannot guarantee the
security of any information you disclose online; you make such
disclosures at your own risk.
Users
or visitors shall remain solely responsible for the content of their
messages in the Forums. We are not responsible for the content or
opinions posted or sent by users in any Forum. You take
responsibility for postings under your username and use the
information provided in the Forums at your own risk. We reserve the
right to remove or edit content from any Forum at any time and for
any reason although we have no duty to do so.
When
participating in a Forum, never assume that people are who they say
they are, know what they say they know or are affiliated with whom
they say they are affiliated with in any chat room, message board or
other user-generated content area. Information obtained in a Forum
may not be reliable and it is not a good idea to take any action,
including to trade or make any investment decisions, based solely or
largely on information you cannot confirm. We cannot be responsible
for the content or accuracy of any information and shall not be
responsible for any trading, investment or any other decisions made
based on such information.
HOUSE RULES
The
following is a list of the House Rules of conduct for the PCI
Sites. By using the PCI
Sites you agree not to do any of the following:
Post,
distribute or otherwise make available or transmit any data, text,
message or computer file that we deem to be: (a) defamatory,
abusive, harassing, insulting, threatening or that could be deemed
to be stalking; (b) bigoted, hateful or racially offensive; (c)
vulgar, obscene or sexually explicit (language or images); or that
(d) encourages or advocates illegal activity or the discussion of
illegal activities with the intent to commit them;
Post,
distribute or otherwise make available or transmit any data, text,
message, computer file or other material that infringes and/or
violates any right of a third party or any domestic or international
law, rule or regulation, including but not limited to: (a)
copyright, patent, trademark or other proprietary rights; (b) right
of privacy (specifically, you must not distribute another person's
personal information of any kind without their express permission)
or publicity; (c) any confidentiality obligation;
Advertise
or sell any products, services or otherwise (whether or not for
profit) or solicit others or use any Forum for commercial purposes
of any kind;
Post,
distribute or otherwise make available or transmit any software or
other computer files that contain a virus or other harmful
component;
Impersonate
any person or entity or misrepresent your identity or affiliation
with any person or entity;
Engage
in antisocial, disruptive or destructive acts, including "flaming,"
"spamming," "flooding," "trolling" and
"griefing" as those terms are commonly understood and used
on the Internet;
Delete
any legal notices, disclaimers or proprietary notices such as
copyright or trademark symbols or modify any logos that you do not
own or have express permission to modify;
Post,
distribute or otherwise make available or transmit material or make
statements that do not generally pertain to the designated topic or
theme of any Forum.
Additionally,
you may use electronic greeting cards or mobile messaging for
noncommercial purposes only. You must furnish your actual email
address or mobile phone number in order to send a card or message.
Any business use, "remailing," or other high-volume
application is strictly prohibited. You are not permitted to send
cards or messages using an automated program. Electronic greeting
cards and mobile messages may not contain inappropriate language or
images or copyrighted material (without the consent of the copyright
holder) or encourage illegal activity. Electronic greeting cards and
mobile messages that violate these guidelines will not be delivered.
We
reserve the right to remove any material, and if we deem appropriate,
to turn over to law enforcement officials, any material, including
message, email or posting, that is in violation of these House Rules.
We also reserve the right to remove messages, emails or postings
that do not pertain to the designated topic or theme of the Forum.
We
also reserve the right to comply with any order or otherwise
cooperate with law enforcement officials regarding the identification
of any user alleged to be using a PCI
Site in violation of the law.
CONTENT LINKED TO ANY PCI SITE
You
should be aware that when you are on a PCI
Site, you could be directed to other sites that are beyond our
control. There are links to other sites from PCI
pages that take you outside of our service. For example, if you
click on a banner advertisement or a search result, the click may
take you off the PCI
Site. This includes links from advertisers, sponsors and content
partners that may use our logo(s) as part of a co-branding
relationship. You acknowledge that when you click on a link that
leaves a PCI
Site, the site you will land on is not controlled by us and different
terms of use and privacy policy may apply. By clicking on links to
other sites, you acknowledge that PCI
is not responsible for those sites. We reserve the right to disable
links from third-party sites to any PCI
Site, although we are under no obligation to do so.
We
make no representations concerning the content of sites listed in any
of our directories. Consequently, we cannot be held responsible for
the accuracy, relevancy, copyright compliance, legality or decency of
material contained in sites listed in our search results or otherwise
linked to a PCI
Site.
DISCLAIMER
THE MATERIALS IN
THE PCI SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE MATERIALS ON ANY PCI SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED OR THAT ANY PCI SITE OR THE SERVERS
THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY
PCI SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR
OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We
explicitly disclaim any responsibility for the accuracy, content or
availability of information found on sites that link to or from any
PCI
Site. We cannot ensure that you will be satisfied with any products
or services that you purchase from a third-party site that links to
or from any PCI
Site or third-party content on our sites. We do not endorse any of
the merchandise, nor have we taken any steps to confirm the accuracy
or reliability of, any of the information contained in such
third-party sites or content. We do not make any representations or
warranties as to the security of any information (including, without
limitation, credit card and other personal information) you might be
requested to give any third party and you hereby irrevocably waive
any claim against us with respect to such sites and third-party
content. We strongly encourage you to make whatever investigation
you feel necessary or appropriate before proceeding with any online
or offline transaction with any of these third parties.
SUBSCRIPTIONS/BILLING
Some
services offered on PCI
Sites are subscription-based services. Please refer to the Member
Service Agreement for the applicable subscription-based service for
specific terms and conditions applicable thereto.
INDEMNIFICATION
You
are entirely responsible for maintaining the confidentiality of your
member name(s), password(s) and your account, as well as all
activities that occur under your account. You hereby indemnify,
defend and hold us and our affiliates and our officers, directors,
owners, agents, information providers, licensors and licensees
(collectively, the "Indemnified Parties") harmless from and
against any and all liabilities and costs (including reasonable
attorneys' fees) incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of these terms of use
or claims arising from your account. You shall use your best efforts
to cooperate with us in the defense of any claim. We reserve the
right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY PCI
SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE
AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING
OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY PCI SITE.
JURISDICTIONAL ISSUES
PCI,
or PCI Group, is controlled from its U.S. offices in Nevada. We make
no representation that materials on any PCI
Site are appropriate or available for use in any particular location.
Those who choose to access a PCI
Site do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
Software from this site is further subject to United States export
controls. No software from this site may be downloaded or otherwise
exported or reexported (i) into (or to a national or resident of)
Cuba, Libya, North Korea, Iran, Syria or any other country to which
the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or using
the Software, you represent and warrant that you are not located in,
under the control of, or a national or resident of any such country
or on any such list or otherwise in violation of export control laws
or regulations.
AMENDMENT
We
reserve the right, at our sole discretion, to change, modify, add or
delete portions of these terms of use at any time. In the event that
we do so, we may notify you of any such change, modification,
addition or deletion by sending you an email at the last email
address that you provided us and/or by prominently posting notice of
the any such change, modification, addition or deletion on the Web
sites covered by these terms of use. Any such change, modification,
addition or deletion will be effective upon the earlier of ten (10)
calendar days following our dispatch of an email notice to you or
thirty (30) calendar days following our posting of such notice on the
Web sites covered by these terms of use. Please note that, at all
times, you are responsible for updating your personal information to
provide us your current email address. In the event that the last
email address that you have provided us is not valid, or for any
other reason is not capable of delivering to you the notice described
above, our dispatch of the email containing such notice will
nonetheless constitute effective notice of the changes,
modifications, additions or deletions described in the notice.
TERMINATION
These
terms of use are effective until terminated by either you or us. You
may terminate these terms at any time by discontinuing use of all PCI
Sites and destroying all materials obtained from any and all such
sites and all related documentation and all copies and installations
thereof, whether made under these terms of use or otherwise. In the
event that you terminate these terms of use, you agree to notify us
of such termination by sending notice of such termination by
certified United States mail, postage pre-paid to:
Member
Services
PCI Group
ATTN: Chris Doolittle
777 N. Rainbow Road
Suite 250
Las
Vegas, NV 89107
USA
We
may immediately terminate these terms of use with respect to you
(including your access to any and all PCI
Sites) without cause and without notice to you in our sole
discretion. Upon termination, you must cease use of all PCI
Sites and destroy all materials obtained from such sites and all
copies thereof, whether made under these terms of use or otherwise.
We
have adopted and implemented a policy that provides for the
termination, in appropriate circumstances, of users who are repeat
infringers of copyright.
GENERAL PROVISIONS
These
terms of use shall be governed by and construed in accordance with
the laws of the State of Nevada and the laws of the United States,
without giving effect to any principles of conflicts of law. You
agree that any action at law or in equity arising out of or relating
to these terms shall be filed only in the state or federal courts
located in Washoe County, Nevada, and you hereby consent and submit
to the personal jurisdiction of such courts for the purposes of
litigating any such action. If any provision of these terms of use
shall be unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these terms of use and shall
not affect the validity and enforceability of any remaining
provisions.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement must be sent to Service Provider's
Designated Agent.
Notification
must be submitted to the following Designated Agent:
Service
Provider: PCI Group
Name
of Agent Designated to Receive Notification of Claimed Infringement:
Chris Doolittle
Full
Address of Designated Agent to Which Notification is Sent: 777 N. Rainbow Rd., Suite 250, Las Vegas, NV 89107
Telephone
Number of Designated Agent: +1 (702) 944-9071
Facsimile
Number of Designated Agent: +1 (702) 838-5130
Email
Address of Designated Agent: copyright@pci-group.us
To
be effective, the notification must be a written communication that
includes the following:
A
physical or electronic signature of 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 us to locate the material;
Information
reasonably sufficient to permit us to contact the complaining party,
such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be
contacted;
A
statement that the complaining party has 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 the complaining party is authorized
to act on behalf of the owner of an exclusive right that is
allegedly infringed.
We
may give notice of a claim of copyright infringement to our users by
means of a general notice on any PCI
Site, electronic mail to a user's email address in our records or by
written communication sent by first-class mail to a user's address in
our records.
ATTRIBUTION AND NOTICES
Associated
Press. ("AP") text, photo, graphic, audio and/or video
material shall not be published, broadcast, rewritten for broadcast
or publication or redistributed directly or indirectly in any medium.
Neither these AP materials nor any portion thereof may be stored in
a computer except for personal and noncommercial use. AP will not be
held liable for any delays, inaccuracies, errors or omissions
therefrom or in the transmission or delivery of all or any part
thereof or for any damages arising from any of the foregoing.
S&P
ComStock, Inc. ("Comstock") and Standard & Poor's
Investment Advisory Services, Inc. ("SPIAS" and, together
with Comstock, referred to herein as "S&P"). All
information provided by Comstock, SPIAS (through its S&P Personal
Wealth service) and their affiliates (collectively, the "S&P
Information") on this site is owned by or licensed to such
entities and you are permitted to store, manipulate, analyze,
reformat, print and display the S&P Information only for your
personal use. In no event shall you publish, retransmit,
redistribute or otherwise reproduce any S&P Information in any
format to anyone, nor shall you use any S&P Information in or in
connection with any business or commercial enterprise, including,
without limitation, any securities, investment, accounting, banking,
legal or media business or enterprise. All information supplied by
Comstock is displayed on a minimum fifteen (15)-minute-delayed basis.
Prior to the execution of a security trade based upon such
information, you are advised to consult with your broker or other
financial representative to verify pricing information. You should
consult with your advisors, including your financial and tax
representatives, before making any investment decisions. Neither S&P
nor its affiliates make any express or implied warranties (including,
without limitation, any warranty of merchantability or fitness for a
particular purpose or use) regarding the S&P Information. The
S&P information is provided to users "as is." Neither
S&P nor its affiliates will be liable to you or anyone else for
any interruption, inaccuracy, error or omission, regardless of cause,
in the S&P Information or for any damages (whether direct or
indirect, consequential, punitive or exemplary) resulting therefrom.
Dow
Jones. The Dow Jones Averages (sm) and the Dow Jones Indexes are
compiled, calculated and distributed by Dow Jones & Company,
Inc., and may have been licensed for use. All content of the Dow
Jones Averages (sm) and the Dow Jones Global Indexes (sm) (c) 1997
Dow Jones & Company, Inc. All Rights Reserved. "Dow Jones
(sm)," "The Dow Jones Indexes (sm)," "The Dow
Jones Averages (sm)," "Dow Jones Industrial Average (sm),"
"DJIA (sm)," "Dow Jones Transportation Average (sm),"
"DJTA (sm)," "Dow Jones Utility Average (sm),"
"DJUA (sm)," "Dow Jones Composite Average (sm),"
"The Dow Jones Global Indexes (sm)," "DJGI (sm)"
and names of the component indexes of the Dow Jones Global Indexes
are famous, well-known and internationally recognized trademarks of
Dow Jones & Company, Inc. and may have been licensed for use by
certain PCI Sites.
NASDAQ
Stock Market. All NASDAQ information is displayed on a twenty
(20)-minute-delayed basis and is not Real-Time information.
Business
Wire. All of the Business Wire news releases are protected by
copyright and other applicable laws, treaties and conventions.
Information contained in such releases is furnished by Business
Wire's suppliers/members, who are solely responsible for their
content, accuracy and originality. All reproduction, other than for
an individual user's personal reference, is prohibited without prior
written permission.
Reuter's
content is the intellectual property of Reuters or its third-party
content providers. Any copying, republication or redistribution of
Reuters content, including by caching, framing or similar means, is
expressly prohibited without the prior written consent of Reuters.
Reuters shall not be liable for any errors, delays in content or for
any actions taken in reliance thereon. Reuters and the Reuters Group
are registered trademarks of the Reuters group of companies around
the world. For additional information on other Reuters Services
please visit the Reuters public Web site http://www.reuters.com.
