terms of use

AND NOW A WORD, WELL, LOTS OF WORDS, FROM OUR LAWYERS....

THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY THE PROFESSOR GARFIELD FOUNDATION, INC, ("PGF"), A NON-PROFIT ORGANIZATION ESTABLISHED UNDER THE LAWS OF THE STATE OF INDIANA. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY PGF AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE REGULARLY.

About this Site
This site is provided, free of charge, for educational purposes by the Professor Garfield Foundation, Inc. ("PGF"), a non-profit, 501(c)(3) corporation. PGF was established though the efforts of Paws, Incorporated (the company owned by Jim Davis, the creator of "Garfield"), and Ball State University, a premier institution of higher education based in Muncie, Indiana.

Privacy Policy
Your use of this site, and any information obtained from your use of this site is governed by this PGF Privacy Policy, available at www.professorgarfield.org/privacypolicy.html.   Any personally identifiable information of children under 13 years of age is protected in accordance with the Children's Online Privacy Protection Act ("COPPA").

Access To This Site
At some point, to access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. In such a case, it is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If PGF believes the information you provide is not correct, current, or complete, PGF has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

Restrictions On Use
You may use this site for purposes expressly permitted by this site, namely, for your personal, non-commercial purposes. You may not use this site for any other purpose, including any commercial purpose, without PGF's express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, without the express prior written permission of an authorized representative of PGF. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with PGF in causing any unauthorized co-branding or framing to cease immediately.

Proprietary Information
The material and content accessible from this site (the "Content") is the proprietary information of Paws, Incorporated, PGF or the party that provided the Content to PGF, and PGF or the party that provided the Content to PGF retains all right, title, and interest in the Content. You acknowledges and agree that, all right, title, and interest to the site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by PGF or its licensors, are valid and enforceable, and are protected by United States intellectual property laws and other applicable laws. Any attempt to use, redistribute, reverse engineer, or redesign the information, code, videos, textual or visual materials, graphics, or modules contained on the site for any other purpose is prohibited. PGF and its licensors reserve all rights not expressly granted in and to the site.  Modification or use of the Content except as expressly provided in these Terms of Use violates PGF's intellectual property rights, or the intellectual property rights of parties which have provided the content to PGF. Neither title nor intellectual property rights are transferred to you by access to this site.

A. Copyright: You acknowledge and agree that all content and services included in the site, such as text, graphics, logos, icons, videos, images, media, data, audio, visual, animation, code, software and other information and materials, is the copyright and property of PGF or its content suppliers and protected by U.S., state, and international copyright laws. Any use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Website or Service are strictly prohibited.

B. Trademark: The trademarks, service marks, logos, slogans, trade names and trade dress used on the site are proprietary to PGF or its licensors. Without limiting the foregoing, “Professor Garfield” is the trademark of PGF. Unauthorized use of any trademark of Victorious Solutions LLC may be a violation of federal or state trademark laws. Any third party names or trademarks referenced in the site do not constitute or imply affiliation, endorsement or recommendation by PGF.

C. Other Intellectual Property: "Garfield" and the "Garfield" characters are the property of Paws, Incorporated, and Paws, Incorporated owns all copyrights and trademarks associated therewith. Use of the characters is by permission.

Hyper-Links
This site may be hyper-linked to other sites which are not maintained by, or related to, PGF. Hyper-links to such sites are provided as a service to users and are not necessarily sponsored by or affiliated with this site or PGF. PGF has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and PGF makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by PGF of that site.

Submissions
You hereby grant to PGF the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to PGF (together, the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. PGF will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future PGF operations.

Disclaimer
You understand that PGF cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. PGF does not assume any responsibility or risk for your use of the Internet.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PGF DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PGF DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PGF DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PGF MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT PGF, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. PGF MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and PGF does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete.


Limitation On Liability
PGF, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PGF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PGF AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO PGF FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. 

Indemnity
You will indemnify and hold PGF, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:

  • you do not have the right to post, including proprietary material of any third party;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  • is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • infringes any intellectual property or other right of any entity or person, including violating anyone's copyrights or trademarks or their rights of publicity;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • includes MP3 format files;
  • amounts to a 'pyramid' or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

  • PGF reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither PGF nor any third party that provides Content to PGF will assume or have any liability for any action or inaction by PGF or such third party with respect to any submission.

    Security
    Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). PGF will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that PGF considers insecure, PGF will be entitled to require the password to be changed and/or terminate your account.

    You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, PGF reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. PGF reserves the right to investigate suspected violations of these Terms of Use.

    PGF reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing PGF to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PGF FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PGF DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PGF OR LAW ENFORCEMENT AUTHORITIES.

    Miscellaneous
    These Terms of Use will be governed and interpreted pursuant to the laws of Indiana, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. PGF may revise these Terms of Use at any time by updating this posting.

    Last updated: October, 2012.
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