Premises, Premises Terms of Use

Last Revised May 15, 2003

Welcome to the Premises, Premises website. The following terms, together with any other terms found in the Privacy Policy, proprietary rights notice, and other agreements you may enter into, shall serve as a binding agreement between yourself and the site's owner ("P2") with respect to your use of the website and services offered at this Internet address, and any other website or services offered you by P2 and affiliated parties in connection therewith (collectively, such sites and services being known as the "Site").

By accessing the Site, signing onto the Site, and by indicating your assent to the terms of this notice you agree to be bound by these Terms of Use. These Terms of Use may be modified from time to time by P2 at its sole discretion by updating this notice, in which event they shall be effective immediately. You are responsible for checking the Site periodically for any changes. DO NOT USE THIS SITE OR CONTINUE TO USE THIS SITE IF YOU DO NOT AGREE WITH THESE TERMS OF USE.

Our Terms of Use concern the following topics:

Submission of Ideas

While accessing the Site you will have the opportunity to submit certain ideas, innovations, or suggestions ("Ideas") to be posted, upon acceptance by P2, for others to use, either in a private area for P2 Members ("Private Ideas") or in a public area where both Members and nonmembers may view your idea ("Public Ideas"). By submitting your Ideas you are offering to the public a license to certain copyrights, trademarks, trade secrets, patents, or other intellectual property that may be embodied by your Ideas or contained in the description you provide, subject to certain license terms and limitations that you or P2 may set.

You represent and warrant to P2 that any Idea you submit belongs to you and that neither you nor P2 are violating any third party's rights by the submission of your Idea. You further represent and warrant that any Idea you submit complies with the content policies of this agreement.

You acknowledge that by submitting your Ideas you may be making a public disclosure, and you may thereby lose certain rights with respect to patent, copyright, trade secret, or other protections in the United States or in other countries. You may also be offering a license to those ideas, which other people may accept and use with or without your knowledge or further consent. Furthermore, you recognize the possibility (without either you or P2 condoning such behavior) that third parties who view your Ideas on this site may infringe your rights or breach a license or other contract that may be in place between themselves and either P2 or you with respect to your Ideas.

While accessing the P2 Site you will have an opportunity to review, download, and license certain Ideas that have been posted on the Site.

Some or all Ideas on the P2 Site have suggested prices and terms for use, restrictions on use, and/or a requirement that you seek and obtain further permission or agreement from the owners before you may use them. You agree not to use for yourself, disclose to third parties, copy, or download any Ideas except in compliance with this Agreement, any requirement of payment, and any contract or other license you reach with the owner of an Idea.

To comply with the Digital Millennium Copyright Act (the "Act," which may be found at http://lcWeb.loc.gov/copyright) and to protect the rights of our users and others, we have instituted a notice and take-down procedure with respect to Ideas and other materials that are allegedly infringing or are otherwise illegal or inappropriate. In doing so we may temporarily or permanently remove or disable access to such material. Our policy differs with respect to notices given under the Act, which are governed by specific legal rules, and notices that are not given with respect to the Act, which are governed solely by our own policies and procedures.

If you believe that any Ideas, links, or other materials on the Site violate the Act or are otherwise inappropriate please send us a written communication at the addresses provided on the Site (you and we agree that for purposes hereof an electronic mail message will constitute a written communication) indicating the following as applicable: 1) the specific material, if any, belonging to or administered by you that you consider to have been infringed; 2) the material, person, link, and/or conduct on our Site that you believe is infringing your rights or is otherwise inappropriate; 3) a statement that you believe in good faith that the material is improper or in appropriate, including the reason why you think the material is improper or inappropriate. Note: if you are providing notice under the Act, it is sufficient to simply state that you believe in good faith that the material is illegal under the DMCA; 4) any contact information you have concerning the alleged infringer; 5) in the case of notices under the Act, the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;" and 6) your signature (or electronic signature, as appropriate).

Before removing any materials under the Act we will make a good-faith attempt to contact the owner of such materials in order for them to make a counter-notification complaint with Section 512(g)(2) and (3) of that Act. We may or may not make such an attempt in the case of notices that are not under the Act. To file a counter notification with us, provide a written communication that in the case of notifications under the Act complies with sections 512(g)(2) and (3) of the Act, and that otherwise reasonably explains why you believe your material not to be infringing. In the case of notifications under the Act we will reinstate the material in question upon receiving a proper counter notification. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. In the case of notifications not under the Act we reserve the right, in our sole discretion, to decide whether or not to remove, and whether or not to reinstate, any materials.

The P2 Site allows anonymous use by the public, and also private use by persons who have logged in and provided certain personal information ("Members"). By becoming a Member you may obtain the ability to submit certain Ideas that are only available to other Members, review Ideas designated as Private, and obtain other enhanced services and features of the Site.

All information you provide P2 with respect to your Membership account is subject to P2's privacy policy. You warrant and represent that to the best of your knowledge all such information is accurate and not misleading.

P2 reserves the right to alter the terms, features, and benefits of Membership from time to time and at any time, either by posting a modified version of this agreement or by altering the functionality of the P2 Site. P2 further reserves the right to terminate the account or Membership privileges, or any other rights and privileges, of any user of the site at its sole discretion, for reasons of violating this agreement, providing us false or misleading registration information, or otherwise.

You are prohibited from using any mechanism, device, software, script or routine to affect the proper functioning of the Site. You may not take any action that places an unreasonable burden or excessive load on our system(s).

You agree not to affect our Site with any computer programming routine (e.g., any virus, worm, time bomb, cancelbot or Trojan horse) that may damage, interfere with, delay, intercept or expropriate any system, data or personal information. You also agree not to conduct any activity that will obstruct, hinder, abuse, slander, threaten, or harass P2, its agents and other affiliated persons, or any other users of this site. Further, you may not make any comment or conduct any act that is threatening, obscene, violates any third party's copyright, trade secret, patent, or other intellectual property right, contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone.

You further agree not to send spam, junk mail, chain letters, or other unsolicited mass email to people or entities who have not agreed to be part of such mailings, or to gather electronic mail addresses found on this site for such purposes.

You also agree not to disrupt or interfere with another's use or enjoyment of the Site, that you will not impersonate another user of the Site, and that you will not attempt to obtain unauthorized access to the Site or any related service.

In addition to our policies you should be aware that laws of the United States and the State of California, and possibly laws in your own local jurisdiction, govern such criminal and civil law topics as privacy, computer usage, hacking, stalking, harassment, fraud, and the like. They may also govern copyright, trademark, patent, and trade secret ownership. If we believe that any illegal activities have taken place we reserve the right to contact law enforcement officials to investigate. We will not disclose the existence or occurrence of an investigation unless required by law. Please note that even if you do not provide us your real name we may be able to identify you via an address transmitted by your web browser or by other means.

The P2 Site contains links to third-party websites. These Terms of Use do not apply to your use of these third-party websites. We provide these links solely as a convenience to you, or to indicate the identity or location where you may find more information about our sponsors, news articles, and the like. We do not necessarily endorse the content of such third-party sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. If you decide to access these linked third-party sites, you do so at your own risk. You should direct any concerns regarding any such site to that site's administrator or webmaster.

As between you and P2, P2 grants a limited license to each user of this Site to make personal use only of the Site. This license expressly excludes, without limitation, any resale or commercial use of the Site, the collection and use of multiple Ideas, e-mail addresses, or other participant information, listings, scraping, or any data extraction or data-mining whatsoever, including without limitation the reproduction of images, Ideas, and files found on the Site.

All content included on this Site, such as text, graphics, logos, button icons, and images, is the property of P2, its various members, or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. As between you and P2, the compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of P2 and is protected by U.S. and foreign copyright laws and international conventions.

You recognize that your right to use any Idea may be further limited by contract, license limitations, or other terms between yourself and the Idea owner. Your lawful use of one or more Ideas from the Site on a case-by-case basis, in accordance with the terms hereof and further in accordance with any such terms between you and the Idea owner, will not be deemed to violate the restrictions in the preceding two paragraphs.

The content and software on this Site may be used solely according to the foregoing license. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited.

You expressly waive any rights as a third party beneficiary of contracts between P2 and other users of the Site, including without limitation contracts between P2 and the owners or users of any Ideas. P2 reserves the right to assign any of its rights against you relating to your use or submission of any Idea, to the owner or user of that Idea. In the event of a dispute between yourself and any other user of this Site, including without limitation a claim that such person has breached its license or other contract terms with respect to any Idea, you agree as follows. You waive any claim against P2, whether for damages, injunctive relief, or otherwise, and will look solely to the owner or user of the Idea for recourse. You will not name P2 as a party to any lawsuit, arbitration, or other proceeding, nor will you compel P2 to participate as a witness, by subpoena, deposition, discovery request, or otherwise, in any such claim. You recognize that P2 may incur substantial costs in the event it is forced to become involved in any dispute over the Ideas on the P2 Site and it is a material term of this agreement that you will not cause P2 to incur such costs, even in cases where you legitimately and successfully defend your rights. Therefore, and without limiting the foregoing (and without limiting any other disclaimer of liability offered in this agreement), in the event you cause P2 to incur any costs in connection with such a dispute, you agree to reimburse P2 for any and all costs, fees, and damages (including without limitation attorney fees and costs), and pay a reasonable fee for P2's time, which in the absence of an agreement to the contrary shall be set at $100 per hour or fraction thereof, including travel time and expenses, for any employee of P2, whether or not you ultimately prevail in the dispute.

P2 may from time to time implement a feature by which Members obtain information from the P2 Site about which Private Ideas other Members have viewed, and when. Should a Member suspect that an Idea taken from the P2 Site has been used in violation of this agreement, or in violation of any agreement made among Members, P2 encourages the Member who finds the violation, acting alone or together with other Members, to use any information they may lawfully obtain from the P2 Site or elsewhere to prove whether a violation occurred and, if so, who may be responsible. P2 may assist Members in detecting and proving violations, but does not undertake any obligation to do so. P2 requests, but will not enforce, that proceeds from any enforcement action or settlement be split fairly between the owner of the Idea and the Member or Members who detected and proved the violation. The foregoing shall be in addition to, and not limit or be in lieu of, any rights that P2 may have against persons who act in violation of this agreement or applicable law.

Unless otherwise indicated this site and its contents are copyright © 2003 P2, all rights reserved. Notwithstanding the foregoing, certain materials may be in the public domain or owned by third parties. All mailing lists, user information, accounts, lists of links, and other databases and arrangements of materials are also copyrights and/or proprietary information belonging to P2.

"Premises, Premises" and other P2 graphics, logos and service names are trademarks of P2. These trademarks may not be used in connection with any product or service that is not P2's, in any manner that is likely to cause confusion to the public, or in any manner that disparages or discredits P2. Any other trademarks, including logos and buttons supplied by P2's sponsors and suppliers, are the property of their respective owners and may be subject to their owners' policies.

We may modify or discontinue the Site, Ideas posted on the Site, accounts, or any of the services or features of the Site, with or without notice, without liability to you, any other user or any third party for any reason. You understand and agree that the Site and its services are provided on an "AS IS" and "AS AVAILABLE" basis. P2 assumes no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user communications, ideas, account information, or personalization settings.

You understand and expressly agree that: (1) use of the site and its services is solely at your risk, (2) any data downloaded or otherwise obtained through the use of P2 (including without limitation any electronic mail messages, newsletters, Ideas, or other communications) is at your own discretion and risk and (3) you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

You agree to hold P2 harmless, and waive any claims you may have against P2, whether by negligence, contract, or otherwise, with respect to either the inadvertent loss of your proprietary rights to your Ideas or the misuse of your Ideas or other conduct on the part of third parties, occasioned by your use of this Site.

THE SITE AND ALL IDEAS ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. P2 MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR ANY PROPERTY OR INFORMATION OFFERED ON THE SITE, INCLUDING WITHOUT LIMITATION: (i) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (ii) THAT THE SITE OR IDEAS ON THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR OPERATE WITHOUT ERROR; (iii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF P2. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, P2 DISCLAIMS ANY AND ALL SUCH WARRANTIES.

TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, P2 AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, REVENUES OR DATA), ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE INABILITY TO USE THE SITE OR THOSE RESULTING FROM ANY MESSAGES RECEIVED THROUGH THE SITE. OUR LIABILITY, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF $10, OR THE AMOUNT YOU HAVE PAID P2 (IF ANY) DURING THE PRECEDING 12 MONTHS FOR USE OF THIS SITE.

You agree to indemnify, defend and hold harmless P2, and any of its affiliates or related entities and the officers, directors, employees, consultants and agents of each of them from any and all third party claims, liability, damages and/or costs, including, but not limited to, attorneys fees, arising from your use of our services, your violation of the Terms of Use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of P2's successors, assigns and licensees.

The Terms of Use will be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any dispute between you and P2 with respect to this Agreement will be heard in a court of competent jurisdiction located in San Francisco, California. By using this Site you consent to the exclusive jurisdiction therein.

The Terms of Use, together with the Privacy policy, any proprietary rights notices, and any other agreements then posted on the P2 website, collectively constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. Headings used in these Terms of Use and the Privacy Policy are for convenience only and are not to be relied upon. P2's failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of P2's right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by P2 must be made in writing and signed by an authorized representative of P2 specifically referencing this Agreement and the provision to be waived.

Premises, Premises Privacy Policy

Last Revised May 15, 2003

This notice is to inform you about the policies for collection and use of personally identifiable information that may be obtained from you or disclosed by your use of the website located at http://www.premisespremises.com owned by Premises, Premises (P2) including policies related to any mailing lists, accounts, memberships, and related groups you may join at this website.

By accessing or using this website you agree to be bound by this Privacy Policy, as it may be posted from time to time on this page. Please be aware that there is a separate agreement covering terms of use and site membership. DO NOT USE THIS SITE IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY AND ANY OTHER AGREEMENTS.

P2 reserves the right to change this Privacy Policy from time to time at its sole discretion by updating this notice. Therefore, please check the website periodically for any changes.

If you have any concerns or questions with respect to this Privacy Policy or P2's use or protection of your personal information, please contact us at info at premisespremises dot com.

Our privacy policy addresses the following topics:

What sort of information does P2 collect from me?

While accessing the Site you will have the opportunity to submit, review, or select Ideas, and also to communicate with or receive communication from others. We may collect certain information about your name, alias, email address, and related personal information, and associate this information with the ideas you have submitted, reviewed or selected, or in the matching of owners and users of Ideas. We may also collect usage information about which portions of the sites you have accessed and when, and which Ideas you have submitted, selected, or viewed. Like many websites, when you use our site we may automatically track the following information: the URL you just came from, the URL you are going to, what browser you are using, the Internet Protocol (IP) address, and the browser's software identification. This is common practice among Internet sites.

If you enroll as a Member we may collect certain additional information as indicated on the sign-up form. We may also collect your email address, telephone number, or other personal information you provide should you send us an inquiry by electronic mail or inquiry form. We may save any message you send us so that we may respond or reply to your inquiry.

We may also receive some information about you from other sources and may add such information to your record. For example we may receive an electronic mail forwarding address from an email address verification service.

A "cookie" is a small amount of data sent to your browser from a web server and stored on your computer's hard drive. P2 may use cookies to automate some of its services. You have the option to configure your browser not to use them. Please consult your computer system documentation for more on configuring your browser.

The information you provide about yourself on the website is collected exclusively by P2. P2 is the personal project of a hobbyist located in San Francisco, California. It is not a business, and it is not run for profit. More details about P2 are available in the FAQ section of this website.

P2 uses certain personal profile information to track its users, determine whether they are entitled to use certain features of the website, assist users in managing their accounts (such as providing features whereby users may access Ideas they have previously posted) and facilitate discussion among owners of Ideas and Members who have reviewed their Ideas.

P2 may aggregate user profile information to derive general demographic and statistical information about its website visitors and how such persons interact with P2. This information is anonymous and is used internally (including by P2's third party contractors) to improve our web site, service offerings, operations and customer service. P2 may share this aggregate information with potential and current sponsors, partners, participants, and others.

P2 may use your personal information in connection with its "notice and takedown" policy with respect to inappropriate submissions, and internally in connection with policing its terms of use and otherwise managing its services.

P2 may employ the services contractors, sponsors, or partners in order to maintain its website and other electronic data. Such persons will be required not to use or disclose any of your personal information except as directed by P2 in accordance with the terms of this policy.

P2 does not currently have any agreements in place to share specific user information with third party organizations. Should we decide to share user information in the future, your personal information will not be shared or sold without first notifying you. The only circumstances under which personally information about users inconsistent to that stated above is if we believe disclosure is reasonably necessary to comply with the law or legal process, protect or defend rights or property of P2 or others, enforce our terms of service, or respond to claims that the content of any portion of the website (including the Ideas posted on the site) violates the rights of others.

If at any time you change your mind about your participation or membership in the P2 Site, you may withdraw as a Member by sending a notice to membership at premisespremises dot com. Although we will do our best to comply with reasonable requests we cannot promise in all cases to withdraw or modify any Ideas that have already been posted.

In some cases you will be given the opportunity to use an alias or user id, or an address specific to our website, rather than providing your actual name or electronic mail address.

We will take every reasonable step to avoid the loss, alteration, or misuse of the information you provide us. While we cannot guarantee that loss, misuse or alteration of data will not occur, we make reasonable efforts to prevent such unfortunate occurrences.

The P2 web site contains links to other Web sites. P2 is not responsible for the content or practices of any other Web sites, or for the actions of the companies responsible for those Web sites. Please review the privacy policies of those Web sites before providing them with any personal information.

In compliance with the Children's Online Privacy Protection Act of 1998 we do not ask children to provide more personal information than is reasonably necessary in order to participate in an activity on this site. For example, if a person under 13 years of age signs up for a membership list we retain the electronic mail address so that we may send our routine email messages to that person. The parent or guardian of any person under the age of 13 whose personal information has been collected on this site may ask to review that information, to have it deleted, and forbid the further collection of the information. For more information on this, please contact the person listed below.

P2 may update our Privacy Policy from time to time. Any changes we make will always be made with your privacy and satisfaction as top priorities. We encourage you to review our Privacy Policy whenever you visit the P2 website.

If you have any questions about this Privacy Policy or the practices of this site, please contact info at premisespremises dot com

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