PPL may change, suspend or discontinue any aspect of the PPL Web Site at any time, including the availability of any PPL Web Site feature, database, or content. PPL may also impose limits on certain features and services or restrict your access to parts or all of the PPL Web Site without notice or liability.
You represent, warrant and covenant that: (a) you are at least eighteen (18) years old; and (b) that you shall not upload, post or transmit to or distribute through the PPL Web Site any materials which (i) restrict or inhibit any other user from using and enjoying the PPL Web Site; (ii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law; (iii) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (iv) contain a virus, worm, denial of service attack or other harmful component; (v) contain any advertising of any kind, information, software or other material of a commercial nature; and (vi) contain false or misleading indications of origin or statements of fact.
(5) You hereby agree to indemnify, defend and hold PPL, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. PPL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PPL.
(6) The PPL Web Site may contain links and pointers to other related World Wide Web Internet sites, third-party brands and products, resources, and sponsors of the PPL Web Site. Links to and from the PPL Web Site to third party brands, products and other sites maintained by third parties and any of their subsidiaries or affiliates do not constitute an endorsement by PPL of any third party brands, products, resources and their web site content. PPL does not represent or endorse the accuracy, reliability, effectiveness and quality of any product, advice, opinion, statement or other information displayed or distributed through the PPL Web Site or operating with PPL products and services. You acknowledge that any reliance upon any such third-party opinions, advice, statements, memorandum, marks and information shall be at your sole risk. PPL reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the PPL Web Site.
(7) PPL does not and cannot review all materials posted to the PPL Web Site by users, and PPL is not responsible for any such materials posted by users. However, PPL reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in PPL’s sole discretion are objectionable or in violation of this Agreement.
THE PPL WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE PPL WEB SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PPL AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE PPL WEB SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE PPL WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE PPL WEB SITE OR ANY LINKED SITE. FURTHER, PPL AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PPL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PPL WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PPL WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PPL AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE PPL WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
(8) By posting messages, uploading files, inputting data or engaging in any other form of communication or commerce with PPL (individually or collectively “Communications”) to the PPL Web Site, you hereby grant to PPL a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against PPL for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
You acknowledge that transmission to and from this PPL Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to, and engaging in commerce with, PPL, no confidential, fiduciary, contractually implied or other relationship is created between you and PPL other than pursuant to this Agreement and applicable state law.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE UNITED STATES OF AMERICA.
(9) This Agreement constitutes the entire agreement between PPL and you with respect to your use of the PPL Web Site. Any cause of action you may have with respect to your use of the PPL Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. PPL disclaims any and all responsibility for content contained in any third party materials provided through links from the PPL Internet site.