Terms Of Use

TERMS AND CONDITIONS OF WEBSITE USE
Effective Date: August 26, 2008

Welcome to the Internet sites of the Peter G. Peterson Foundation ("PGPF") (such websites collectively, the "Website"). Please read our Terms and Conditions of Website Use carefully before using our Website. By using the sites, you accept these Terms and Conditions and our Privacy Policy. These Terms and Conditions may be updated by us at any time. If you do not agree to these Terms and Conditions for any reason, please do not use the Website.

Permitted Uses of Our Site and Content

PGPF is proud to provide Internet users with a rich collection of content, including video and audio clips, digital downloads, text and images owned by PGPF or its licensors (the "PGPF Content") and User Content (as defined below). The PGPF Content together with any User Content you submit and any user content submitted by other users are referred to in these Terms and Conditions collectively as the "Content." All Content on our Website is protected by copyright law, and all PGPF Content is the intellectual property of PGPF or certain third parties. We have listed below the permitted uses of the Content by Internet site visitors. We reserve the right to change our permitted uses at any time.

Prohibited Uses of Our Site and Content

PGPF has the right (but not the obligation) to monitor this Website for any violations of the policies below and to take all appropriate actions in response (including removing material submitted to our Website), without notice to you. We reserve the right to change or supplement these policies at any time.

You agree to indemnify and hold harmless PGPF and its affiliates and their employees, agents and representatives from any and all liabilities, damages, losses, claims, expenses and fees resulting from your violation of our Website policies.

Links to Other Websites

For your convenience, this Website may occasionally link to other companies' websites. We do not endorse, and do not have any responsibility for, any other websites, including their products and services, content, communications and website use policies. You access all other websites from this Website entirely at your own risk.

Copyright Policy

If you believe that another user has infringed your copyrights on this Website, click here for our reporting procedure.

Submitting Your Content

PGPF welcomes your comments on Content in our Website and any other content you choose to submit to us, including, without limitation, writings, still photographs, spoken statements, music, audio, video, audio-visual works and recordings, images, animated or motion pictures, and any other work regardless of medium, format, or form, whether now known or hereafter discovered or developed ("User Content"). Please note that User Content includes (but is not limited to) comments you submit to our blog or any other portion of our Website, haiku you submit via our Website at fiscalhaiku.com, and any other information, such as a title, your name, a description of your work, your location or any other information related to your content, that you submit in connection with your content.

You shall be solely responsible for your own User Content and the consequences of posting or publishing them, and PGPF hereby disclaims any and all liability in connection with such User Content. PGPF does not permit copyright infringing activities and infringement of intellectual property rights on its Website and will remove all Content if properly notified (as set forth in our Copyright Policy available here, that such Content infringes on any other person's intellectual property rights. PGPF reserves the right to remove any and all Content without prior notice.

You affirm, represent, and warrant that (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize PGPF to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by our Website and these Terms and Conditions, (ii) you have the legal right and capability to enter into this Agreement, (iii) the User Content and your submission thereof do not violate these Terms and Conditions, any rights of any other party, any of your contractual obligations, or any applicable law, rule or regulation.

Ownership of Content

As between you and PGPF, except for the rights you expressly grant to PGPF hereunder, you retain all right, title and interest in and to the User Content, including all associated intellectual property and proprietary rights existing anywhere in the world, and PGPF acquires no such rights therein. As between you and PGPF, PGPF retains all right, title and interest in and to the PGPF Content, including all associated intellectual property and proprietary rights existing anywhere in the world, and you acquire no such rights therein.

Rights You Grant to PGPF [and Indemnification]

You hereby grant PGPF a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license, in any form, format or medium, (i) to use, reproduce, host, cache, distribute, modify, adapt, translate, prepare derivative works of, display, and perform the User Content, and (ii) to use and refer to your name, likeness, image, logo, trademarks, and all other intellectual property or similar rights to the extent you use them in or in connection with the User Content, in each case in connection with PGPF's Website and PGPF's (and its successors' and affiliates') business, including without limitation for the uses set forth in the "Permitted Uses of Our Site and Content" section above [and in connection with any promotion, advertising or fundraising]. You also hereby grant each user of the PGPF Website a non-exclusive license to access your User Content through PGPF's Website, and to use and reproduce such User Content solely as permitted by these Terms and Conditions.

You hereby release PGPF from any and all claims you may have in connection with the User Content, including without limitation claims based on or for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress, or economic loss. [You agree to defend, indemnify, and hold harmless, at your expense, PGPF and its affiliates, and each of their respective directors, officers, agents and employees from and against any and all third-party claims, demands, causes of action, settlements, judgments, awards, fees, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees and expenses of suit) arising out of or in connection with (a) your access to and use of PGPF's Website, (b) your violation of any of these Terms and Conditions, (c) your violation of any right of any third party, and (d) the User Content.] Trademarks

"PGPF," "Peter G. Peterson Foundation," pgpf.org, "I.O.U.S.A.," IOUSAtheMovie.com, and certain other marks displayed on this Website are trademarks owned by PGPF. Certain other trademarks displayed on this Website are the property of their respective owners.

Disclaimer

We hope you enjoy using this Website, but please understand that you do so solely at your own risk. You agree that PGPF makes no representations or warranties, either express or implied, with respect to this Website, and is not responsible for any liabilities, damages, losses, claims, expenses or fees relating to this Website, including its operation, functionality, security, transmission of viruses or other subject matter, or any errors or omissions in the Content.

Changes to Terms and Conditions

We may revise or supplement these Terms and Conditions from time to time. If we make any substantial changes to these Terms and Conditions, we will notify you by posting a prominent announcement on our Website.

International Use

We make no claim that our Website is appropriate or lawful for use or access outside the United States. If you access this Website from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access. By sending us any of your data, you consent to its transfer to and storage within the United States.

Governing Law/Forum

These Terms and Conditions are governed by New York law. If we have a dispute regarding this policy or your use of our Website, you agree that it shall be resolved solely in the state or federal courts located in the borough of Manhattan, New York City.

© 2009 Peter G. Peterson Foundation

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