User Submissions and Conduct
As a user of or submitter through the Philadelphia Redevelopment Authority’s (the “PRA”) official website, www.philadelphiaredevelopmentauthority.org (the “Website”), you will be solely responsible for your own submissions and the consequences of submitting or publishing them. In connection with your submissions, you affirm, represent, and/or warrant that:
- Your submissions are your original work and that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the PRA to use any and all submissions in any and all media now known or hereinafter invented without territorial or time limitations and without compensation.
- You agree that you will not submit as part of any submission any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights, have permission from their rightful owners, or obtained the necessary consents from any individuals whose personally identifiable information is contained in such material to submit said material, and to grant the PRA all of the license rights granted herein.
- Furthermore, you warrant and represent that you will disclose the existence of any patent registrations or pending applications held by you, which relate in any way to your submission.
- You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and the PRA regarding the submission, despite any statement or legend to the contrary on the submission and any related materials.
The PRA is subject to the Pennsylvania Right to Know Law (the “RTKL”). Any information submitted through the Website may be subject to disclosure to the public if requested pursuant to, and in accordance with, the RTKL.
Ownership and Use of User Submissions
By making a submission, you understand that you are granting the PRA a perpetual, royalty-free, fully-paid, irrevocable, sublicensable, transferrable, non-exclusive license in and to the submission (including under copyright, patent, and trademark law). The license you are granting to the PRA includes the right of the PRA and its employees, representatives, affiliates and designees to reproduce and distribute copies of the submission.
From time to time, we may ask you for your feedback on the PRA’s Website and/or services. Any communication or material you transmit or post will be:
a) treated as non-confidential and non-proprietary by the PRA,
b) become the property of the PRA and the PRA shall exclusively now and hereinafter own all rights, title and interest therein, and
c) used without restriction by the PRA employees, licensees and affiliates at the PRA’s sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Website or otherwise. The PRA shall be under no obligation to respond to your feedback.
You agree to indemnify, defend and hold the PRA, its employees, directors, officers, agents and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees and expenses, related to either your violation of these Terms and Conditions or your use of the Website. You will indemnify, defend and hold the PRA harmless from and against any claim, suit or proceeding brought against the PRA arising from or in connection with violations of copyright or other intellectual property or other rights of third parties contained in your submissions and/or any other violation of law or breach of contract obligations relating to your submissions. You will indemnify, defend and hold the PRA harmless from and against any claims, damages and costs resulting directly or indirectly from the use, disposition, reproduction, publication or public communication of any submission.
Disclaimer of Warranties
While the PRA will use reasonable efforts to ensure that all material on this Website is correct; however, accuracy cannot be guaranteed and the PRA does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Website.
THE WEBSITE AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NONINFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM THE PRA THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, THE PRA DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE WEBSITE, THAT THE WEBSITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES.
Disclaimer of Damages and Limitation of Liability
IN NO EVENT SHALL THE PRA, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS TO THE WEBSITE OR ITS CONTENT, OR ANY SUBMISSION TO THE WEBSITE, EVEN IF THE PRA OR ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE PRA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, IF LIABILITY IS ASSESSED AGAINST THE PRA BY A COURT OF COMPETENT JURISDICTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100.00) (WHICHEVER IS LESS), FOR ACCESSING, SUBMITTING TO OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE WEBSITE. 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.