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PSVillage Executive Breakfast Series for Professional Services Leaders
2010 Dates and Locations
DC - March 19
Chicago - April 16
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| NOTE: The Terms of Use may be updated at any time and without notice.
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| 1. ACCEPTANCE OF TERMS |
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PSVillage provides a collection of online resources, including the PSVillage website and discussion forum, PSVillage Spotlight, a job board, archives and resources on the PSVillage site (collectively referred to hereafter as "the
Service") subject to the following Terms of Use ("Terms"). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular PSVillage services, you agree to abide by any applicable posted guidelines for all PSVillage services, which may change from time to time.
Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with PSVillage in any way, your only recourse is to immediately discontinue use of PSVillage. PSVillage is not liable for violations of conduct by PSVillage users, and the responsibility lies with the individual user to assure that their content, emails, or any other communication through PSVillage complies with our Terms.
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| 2. MODIFICATIONS TO THIS AGREEMENT |
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We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
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| 3. CONTENT |
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that PSVillage does not control, and is not responsible for all of the Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the PSVillage site and Content available through the Service may contain
links to other websites, which are completely independent of PSVillage. PSVillage makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will PSVillage be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that PSVillage shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.
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| 4. THIRD PARTY CONTENT, SITES, AND SERVICES |
The PSVillage site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of PSVillage, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, are solely between you and such organizations and/or individuals.
You agree that PSVillage shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that PSVillage is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release PSVillage, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
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| 5. COPYRIGHT, LICENSES AND IDEA SUBMISSIONS |
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a. You are free to copy, distribute, and display the work found on this site under the following conditions:
You must attribute the work to the author.
You may not use this work for commercial purposes.
You may not alter, transform, or build upon this work.
For any reuse or distribution, you must make clear to others the license terms of this work.
Any of these conditions can be waived if you get permission from the copyright holder.
Your fair use and other rights are in no way affected by the above.
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b. Domestic and International copyright and trademark laws protect the entire contents of the Site. The owners of the intellectual property, copyrights and trademarks are PSVillage and the respective authors as indicated on the site.
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c. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials and attribute the work to the respective author.
d. You agree to grant to PSVillage a non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to any public areas of the Site or indirectly submit for PSVillage to load to the Site (such as but not limited to PDF documents, Power Point presentations, Voice of the Village online magazine, PSVillager Spotlight, discussion forums, your submission for inclusion in ebooks) or by e-mail to PSVillage or its agents by all means and in any media now known or hereafter developed. You also grant to PSVillage the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto unless otherwise notified. You agree that you will not be compensated by PSVillage and shall have no recourse against PSVillage for any alleged or actual infringement or misappropriation of any proprietary right in your communications to PSVillage.
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If you believe that content appearing on the Site constitutes copyright infringement of another party's rights, please contact admin@psvillage.com.
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| 6. NOTIFICATION OF CLAIMS OF INFRINGEMENT |
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If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify PSVillage's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at admin@psvillage.com
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Please provide our Agent with the following Notice:
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a) Identify the material on the PSVillage site that you claim is infringing, with enough detail so that we may locate it on the website;
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b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
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c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
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d) Your address, telephone number, and email address; and
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e) Your physical or electronic signature.
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PSVillage will remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
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| 6. PRIVACY AND INFORMATION DISCLOSURE |
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PSVillage has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address:
http://www.PSVillage.com//privacy.policy.html
Your use of the PSVillage website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that PSVillage may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harrassment; protect the rights, property, or personal safety of PSVillage, its users or the general public.
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| 7. CONDUCT |
You agree not to post, email, or otherwise make available Content:
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a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
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b) that is pornographic, contains adult themes, or for dubious financial structures;
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c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
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d) that impersonates any person or entity, including, but not limited to, a PSVillage employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
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e) that includes personal or identifying information about another person without that person's explicit consent;
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f) that is false, deceptive, misleading, deceitful, or misinformative;
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g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary
relationships;
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h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
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i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the PSVillage sites which are not designated for such purposes; or emailed to PSVillage users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
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j) that includes links to commercial services or web sites, except as allowed in "services";
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k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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l) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
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m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
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n) contact anyone who has asked not to be contacted;
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o) "stalk" or otherwise harass anyone;
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p) collect personal data about other users for commercial or unlawful purposes;
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q) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by PSVillage;
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r) attempt to gain unauthorized access to PSVillage's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the PSVillage website or PSVillage discussion forum; or
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s) use any form of automated device or computer program that enables the submission of postings on PSVillage without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
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| 8. NO SPAM POLICY |
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You understand and agree that sending unsolicited email advertisements to PSVillage email addresses, PSVillage subscriber email addresses or through PSVillage computer systems, which is expressly prohibited by these Terms. Any unauthorized use of PSVillage computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ยง 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.
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| 9. LIMITATIONS ON SERVICE |
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You acknowledge that PSVillage may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that PSVillage has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that PSVillage reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that PSVillage shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
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| 10. ACCESS TO THE SERVICE |
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PSVillage grants you a limited, revocable, nonexclusive license to access the Service for your own personal use as stated in Section 5 above. Use of the Service beyond the scope of authorized access granted to you by PSVillage immediately terminates said permission or license.
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| 11. TERMINATION OF SERVICE |
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You agree that PSVillage, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if PSVillage believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that PSVillage shall not be liable
to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
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| 12. PROPRIETARY RIGHTS |
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Although PSVillage does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to PSVillage an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content,and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant PSVillage all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose.
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| 13. DISCLAIMER OF WARRANTIES |
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YOU AGREE THAT USE OF THE PSVILLAGE SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE PSVILLAGE SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
PSVILLAGE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PSVILLAGE SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, PSVILLAGE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PSVILLAGE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE PSVILLAGE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, PSVILLAGE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PSVILLAGE SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
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| 14. LIMITATIONS OF LIABILITY |
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UNDER NO CIRCUMSTANCES SHALL PSVILLAGE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PSVILLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PSVILLAGE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PSVILLAGE SITE OR THE SERVICE, FROM INABILITY TO USE THE PSVILLAGE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PSVILLAGE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PSVILLAGE SITE OR THE SERVICE OR ANY LINKS ON THE PSVILLAGE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PSVILLAGE SITE OR THE SERVICE OR ANY LINKS ON THE PSVILLAGE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
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| 15. INDEMNITY |
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You agree to indemnify and hold PSVillage, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
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| 16. GENERAL INFORMATION |
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The Terms constitute the entire agreement between you and PSVillage and govern your use of the Service, superceding any prior agreements between you and PSVillage. The Terms and the relationship between you and PSVillage shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and PSVillage agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of PSVillage to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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| 17. VIOLATION OF TERMS AND LIQUIDATED DAMAGES |
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Please report any violations of the Terms, by flagging the posting(s) for review, or by emailing to:
admin@psvillage.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
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| 18. FEEDBACK |
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We welcome your questions and comments on this document. Please contact admin@psvillage.com.
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