By using or visiting this website ("Pnosis," or the "Pnosis Website", or "Website"), you agree to the following "Terms and Conditions" as well as the privacy terms here too. If you do not agree to any of these terms, then please do not use the Pnosis Website.
Pnosis Website.
The Pnosis Website may contain links to third party websites that are not owned or controlled by Pnosis. Pnosis has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Pnosis will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Pnosis from any liability arising from your use of any third-party website. Be aware when you leave the Pnosis Website. Read the terms and conditions and privacy policy of each other website that you visit.
Website Access
Pnosis gives you permission to use the Website on the following terms. 1. You will not copy or distribute any part of the Website in any medium without Pnosis's prior written authorization; 2. you will not alter or modify any part of the Website other than by uploading materials as invited by the website, and 3. You promise to floss daily, or at least feel guilty about not doing so, and to call your mother a little more often. Users without mothers are hereby exempt from this (and only this -- #3 under Website Access) requirement.
In order to access some features of the Website, you may have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account. You – and you alone -- must keep your account password secure. We are not your mother and we will not be responsible for what could happen if you give the wrong person your password. Notify Pnosis immediately of any breach of security or unauthorized use of your account. Pnosis will not be liable for your losses caused by any unauthorized use of your account. But you may be liable for the losses of Pnosis or others due to such unauthorized use.
You agree that you won't, without our permission, use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Pnosis servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. (As if a Condition like this will ward off a Denial of Service attack by some teenager hacker controlling a vast array of evil zombie netbots, sheesh. It's like a garlic necklace in front of Dracula. But still, it makes our counsel happy, so there it is.)
Pnosis grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials except so as to facilitate searching. (So Google, go ahead and do your cache thing, we really want you to list us! Prominently!) Pnosis reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personal information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes except in the Directory as intended. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions except as part of the Directory as intended.
Listings in the Directory do not imply approval by Pnosis of the quality or reliability of the provider's services and should be used with care after further inquiry.
Intellectual Property Rights
The content on the Pnosis Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by, licensed to or granted to Pnosis. These (“these”) are subject to copyright and other intellectual property rights under and foreign laws and international conventions.
Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
You agree not to circumvent, disable or otherwise interfere with security related features of the Pnosis Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Pnosis Website or the Content therein.
Pnosis reserves all rights not expressly granted in and to the Website and the Content.
User Submissions
- The Pnosis Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Pnosis does not guarantee any confidentiality with respect to any submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Pnosis to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable person in the User Submission to use the name or likeness of each and every such identifiable person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
For clarity and not by way of limitation, except as set forth herein you retain all of your ownership rights in your User Submissions. But by submitting them you hereby grant Pnosis a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Pnosis Website and Pnosis's (and its successor's) business. This includes promoting and redistributing part or all of the Pnosis Website (and derivative works) in any media formats and through any media channels.
You also hereby grant each user of the Pnosis Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
The license you are giving us here terminates once you remove or delete a User Submission from the Pnosis Website. But nothing herein assures you the right that Pnosis.com will give you the ability to remove or delete a User Submission from the Pnosis Website.
OK, just to make sure you get the point and because lawyers love to say everything over and over again in case they were totally indecipherable the first time (as often they are), to clarify or even in addition to all the above:
Thou Shalt Not:
- steal. This means we forbid, absolutely forbid, got it? you to submit 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 or have permission from their rightful owner to post the material and to grant Pnosis all of the license rights granted herein.
Moreover, Thou Shalt Not:
- bear false witness. This means that we forbid you, seriously no-kidding around forbid you, to publish falsehoods or misrepresentations, defamatory statements, or any material that could damage Pnosis or anyone at all on Earth, in this Universe, or anywhere else. We also forbid you from impersonating anyone else;
- commit adultery, and also we forbid, seriously forbid, you to submit material that is unlawful, obscene, pornographic or even sexually graphic. If you are here for any of that sort of thing, you are in the wrong place anyway. Try www.AdultFriendFinder.com, maybe you’ll have better luck there, maybe not, but definitely take the really racey stuff outside;
- kill. This extends to our forbidding you from perpetrating any threatening, harassing, hateful, racially or ethnically offensive statements or materials that encourage conduct that would be considered a criminal offense anywhere they might be reading this, give rise to civil liability, violate any law, or is otherwise seriously inappropriate anywhere on Earth;
- covet they neighbor’s house, which in this case means we forbid you to post advertisements or solicitations of business except in the Directory as was intended. Get your own darned website;
- behave in an unpatriotic fashion. We’re red blooded Americans here at Pnosis. We do enjoy a rousing political debate but if we catch you aiding terrorists you are toast around here. And notwithstanding our shameless use of an adaptation of the reverse of the Great Seal of the United States as our logo (with a nice quote from Ovid, did you catch that?) we are not, and are in no way connected to The Illuminati. We have no interest whatsoever in ruling the world. Way too much work. We'll just leave that to Google.
- AND, just to catch everything we may have forgotten, we also forbid you from violating any of the other Ten Commandments around here (unless you are a genuine Pagan. In that case we sort of guess that Numbers 1 and 2 don’t really apply to you and it would be churlish of us to harass you about it. But if you are Jewish or Christian or Moslem and if we catch you worshipping idols here – even awesome figures such as Gil Boyne and Jerry Kein – hasta la vista baby.)
- We really are serious about the part about calling your mom more often. It’s all part of Commandment Numero 5. Since you are a Unique User here we really, really want your days to be long upon the land. And come back often.
- As if that weren’t enough, you should know that Pnosis does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. In fact Pnosis expressly disclaims any and all liability in connection with User Submissions. Pnosis reserves the right to remove Content and User Submissions without prior notice, which we’re saying again because if we do it we don’t want any whining. But don't assume that if we haven't removed it we endorse it!
We reserve the right to terminate your access to its Website if we catching you breaking these rules. Pnosis also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for anything including copyright infringement and violations of intellectual property law, pornography, obscene or defamatory material, or even excessive length, for example, or for any whim of ours however arbitrary and capricious. (Not that counsel has any moral standing to complain about excessive length.) Pnosis may remove User Submissions and terminate your access at any time, without prior notice and at its sole discretion and without even having to give you a decent explanation.
Now, sometimes sneaky people will sneak something past us. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing. Include
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Pnosis's designated Copyright Agent to receive notifications of claimed infringement is: Pnosis.com, 10311 Yearling Drive, Rockville, Maryland, 20850; phone 202-365-0002; email
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. You agree that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
We'd like to re-emphasize a few points:
- When using the Pnosis Website you will be exposed to User Submissions from a variety of sources, including Directory listings. You haven’t already forgotten that Pnosis is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, have you? Good, we are sure we can count on you.
- You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable. This is on the World Wide Web, after all, so c'mon. So you hereby waive any legal or equitable rights or remedies you have or may have against Pnosis with respect thereto. You furthermore agree to indemnify and hold Pnosis, its Owners/Operators, affiliates, and/or licensors, harmless regarding all matters related to your use of the site.
- Pnosis permits you to link to materials on the Website for personal, non-commercial purposes only except for the purposes of posting to the Directory, if you choose to do so. I think we said this one a couple of times before, but it's more work to check than just to say it again. And we still mean it.
ALSO:
Notwithstanding your waiver of legal and equitable rights hereunder, you further agree that in any legal dispute between you, any user, Pnosis, its owner(s), proprietor(s), administrators or staff will be submitted to binding arbitration according to the rules of the American Arbitration Association, in Rockville, Maryland and shall be subject to the laws, and exclusive jurisdiction of the courts, of the State of Maryland and brought exclusively in the venue of Montgomery County, Maryland.
Congratulations for having read the whole Terms and Conditions! If you've read through this far, email us at
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if you'd like our personal congratulations. If we're in the mood and feeling flush we might send you a free Pnosis coffee mug, clock or official teddy bear (go see our Shop to see what we're talking about here) to reward your diligence. But we might not. It all depends on how polite and interesting you are and how this whole thing is going. Also, if you've found punctuation errors or typos anywhere in the site we'd sort of prefer not to know. We'll get around to fixing them as soon as we notice them. We're not complete morons, you know. Just overworked.
We reserve the right to change in these Terms and Conditions in any way at any time so if it is matter of concern for you it's your responsibility to keep up with changes, or just to say the heck with it and go to some other website whose Terms and Conditions you like better.
Finally, we conclude with a moment of silence for our valiant developer's valiant cat Freddie who passed away on June 30, 2007. Our condolences, Knox, and may Freddie be up there fighting dragons with Captain Wow....
And to our dear departed Blotch, elegant housecat of modern dance virtuoso Merce Cunningham.
And for our friend Keith Hall's Siamese cat Sate who passed across the Great Divide in early January 2008:
"Hopefully to the special kitty heaven where all the mice are tasty and fat, and the dogs are rather stupid and slow.
"She was buried in a simple ceremony in a choice spot in the garden frequented by many birds and squirrels."
July 7, 2007 (amended by eulogies for Blotch and Sate sometime thereafter.)
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