THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS OF USE”) GOVERN YOUR USE OF THIS SITE AND THE SERVICES OFFERED ON THIS SITE ON THE WORLD WIDE WEB AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR THE SERVICES. YOUR USE OF THIS SITE OR THE SERVICES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

YOU AGREE THAT PAJAMAS MEDIA INC. (“we” “us” and/or “PJM”) AND ITS LICENSORS MAY MAKE CHANGES TO THE SERVICES OFFERED ON THIS SITE, AT ANY TIME WITHOUT NOTICE, AND YOU FURTHER AGREE THAT PJM CAN REVISE THESE TERMS OF USE FOR THE SITE AND SERVICES AT ANY TIME WITHOUT NOTICE BY POSTING AN UPDATED TERMS OF USE ON THE SITE. YOU AGREE THAT YOUR CONTINUED USE OF THE SITE AND/OR THE SERVICES AFTER SUCH MODIFICATIONS HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS WHETHER OR NOT YOU HAVE REVIEWED SUCH CHANGES. FOR THIS REASON, YOU SHOULD CHECK THE TERMS OF USE POSTED ON THE SITE PERIODICALLY FOR UPDATES AND CHANGES.

These Terms of Use comprise a legal contract between you (“you”) and PJM and sets forth the terms and conditions governing your access to, and use of the PJM website located at www.pajamasmedia.com and our services that provide you with access to certain third party content, such as blogs, news and RSS feeds, and podcasts (the “Content” and the “Service(s)” respectively) that PJM may make available to you on this website (the “Site”). This Site and the Services are intended for personal, non-commercial use by individuals and internal business use by entities. PJM reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice to you. You agree that PJM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

License
Subject to these Terms of Use (including, without limitation, compliance with all restrictions, prohibitions and obligations contained herein), PJM grants you a non-exclusive, non-transferable, non-assignable right and license to access the Site, Content, information, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof appearing on this Site (“Materials”) and the Services solely for your own personal use if you are an individual and solely for your internal business purposes if you are an entity.

Third Party Content
Certain Content available on the Site and through the Services, including without limitation, content, podcasts, blogs and news and RSS feeds, may be provided by third parties to PJM (“Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. PJM hereby grants you a license to display, download (where such capability is expressly provided) the Third Party Content on your personal computer and/or personal mobile device solely for your personal use if you are an individual and solely for your internal business use if you are an entity. You acknowledge and agree that you have no right to download, cache or display any of the Third Party Content except as set forth in this paragraph. You further acknowledge and agree that you have no right to reproduce, modify, edit, alter or enhance any of the Third Party Content in any manner. PJM DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES SUCH AS THE THIRD PARTY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Restrictions and Obligations
Except as expressly authorized in these Terms of Use, you shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify or timeshare the Materials or Services or any portion thereof, or use such as a component to any products or services prepared for commercial sale, sublicense, lease, access or distribution, or prepare any derivative work based on the Materials or the Services. PJM reserves all rights not expressly granted to you. You agree to take all reasonable steps to protect the Materials and Services accessed on the Site from unauthorized access, copying or use.

You are prohibited from taking any action to violate or attempt to violate any security and access control provisions implemented in or in connection with the Site and the Services or the Content. Such prohibited conduct includes, without limitation, any efforts to (a) log in with a password not assigned to you (if applicable), (b) access Materials not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services. If PJM becomes aware of any of the foregoing activities, PJM will investigate and may respond, and when appropriate, PJM may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. PJM asks that you respect PJM’s online community as well as other individuals participating within the PJM online community and/or using the Services. Your conduct should be guided by common sense and basic etiquette. Without limiting the generality of forgoing, you acknowledge that PJM expressly prohibits and you agree that you will not:

• Remove any copyright, trademark, service mark or any other proprietary rights notification contained in any materials that you access or copy via the Site or the Services or use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
• Intentionally expose the Site to any computer virus or any other program or code intended to disrupt or disable the operations of the Site; use any robot, spider or other program or device to retrieve or index any portion of the Site; harvest or otherwise collect information about other users for any purpose other that use of the Services as expressly permitted herein.
• Misrepresent yourself or represent your self as another user of the Site and/or the Services.
• Harass, threaten, embarrass, or do anything else to another user of the Services that is unwanted.
• Provide or post any data or information that is false, inaccurate, abusive, defamatory, discriminatory, hateful, obscene, threatening, inappropriate or otherwise objectionable.
• Impersonate or represent PJM staff or other industry professionals.
• Solicit another user’s password or other account information.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated) if you are given the ability to post to the Site.

The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. PJM reserves the right to terminate these Terms of Use and prohibit your access to the Site or the Services for any action that PJM, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any other user.

PJM reserves the right to moderate the Services, however, the foregoing prohibitions do not impose on PJM, and PJM does not assume, any obligation to monitor or remove any Materials, other information or communication submitted by you or any content that you access through the Services. By using the Site or the Services, you hereby acknowledge and agree that you may be exposed to content that is offensive, indecent or objectionable to you. Your access to the Site and Services is undertaken at your own risk and PJM is not responsible for any offensive or otherwise objectionable materials in the Materials.

Password Restricted Areas of the Site
Certain areas of the Site may be password-restricted to authorized users that become members. If so, you are responsible for activities that occur under your account and for maintaining the confidentiality of your password and account, and agree to notify PJM if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.

Links to and From Third Party Websites

This Site and/or the Services may provide links to other Web sites or resources over which PJM does not have control (“External Web sites”). Such links do not constitute an endorsement by PJM of those External Web sites. You acknowledge that PJM is providing these links to you only as a convenience, and further agree that PJM is not responsible for the content of such External Web sites or any business dealings you may have with such External Web sites. Your use of External Web sites is subject to the terms of use and privacy policies located on the linked to External Web sites.

Certain other Web sites may link to this Site. You may provide links to this Site from your Web site as long as you do not link to this Site by any means that give visitors to your own Web site the impression that you are linking to pages that are within your own Web site, or that PJM endorses your Web site, sponsors your Web site, or is in any way affiliated with your Web site. You shall not attribute a link on your Web site to this Site and then link somewhere else. Do not frame any Content or other Materials from the PJM Site or otherwise present the Content or other Materials as your own.

Privacy Policy
PJM’s use of your information and your use of the Site and the Services is governed by the PJM Privacy Policy that is available at http://pajamasmedia.com/pages/2005/12/post.php (the “Privacy Policy”).

Proprietary Rights
The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of PJM or others used on this Site are the property of PJM or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of PJM or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Materials are the sole property of PJM INC. © 2006 or their respective third party owners, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

Any and all ideas, suggestions and the like provided by you with respect to the Site and Services (“Supportive Information”) will be the property of PJM. You hereby assign to PJM all right, title and interest worldwide in such Supportive Information and any related intellectual property rights and you agree to assist PJM, at PJM’S expense, in perfecting and enforcing any such rights.

Subject to the terms and conditions of the PJM Privacy Policy (as described above) when you submit and/or post communications on the Site (collectively “Your Submissions”), you grant to PJM and its affiliates and sublicensees, a irrevocable, perpetual, royalty-free, worldwide right (including moral rights) and license to use, reproduce, modify, display, distribute and create derivative works of, Your Submissions, in whole or in part, and to incorporate Your Submissions into other works in any media and utilizing any technology now known or later developed. You warrant that you have all rights, and no third party has retained any such rights, (including moral rights) in and to Your Submissions.

Indemnification
You agree to defend, indemnify and hold harmless PJM and its affiliates, representatives, partners, agents and employees from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, that arise out of or in connection with your use of the Site, the Services, breach of these Terms of Use, or your use of any Third Party Content or Materials on this Site.

Your Representations and Warranties
You further represent and warrant that you are at least eighteen (18) years of age and can form a legally binding contract. You agree to indemnify PJM for any breach of the foregoing representations and warranties and for any claim made against PJM arising out of your content that is submitted or transmitted through the Service or your use of the Services.

Disclaimer of Warranty
You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, or outdated information, which may affect the quality of the Materials. You acknowledge that none of the Materials have been independently verified or authenticated in whole or in part by PJM, and agree that PJM does not warrant the accuracy or timeliness of the Materials and further agree that PJM has no liability for any errors or omissions in the Materials, whether provided by PJM or its licensors.

PJM, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Limitation of Liability
NEITHER PJM NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, THE SERVICES, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF PJM WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PJM NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR MORE THAN AN AGGREGATE AMOUNT OF FIFTY DOLLARS ($50.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Term and Termination
These Terms of Use commence upon the date you first use the Site and/or the Services and continue until terminated. You may terminate these Terms of Use at any time with cause or with no cause, effective immediately upon notice to PJM. PJM may terminate these Terms of Use and your license and your access to the Services with cause or without cause, effective immediately upon written notice to you. Upon termination you shall immediately cease to access the Site and the Services and use any Materials or content obtained through your use of the Services.

The rights and obligations contained in the paragraphs labeled Third Party Content and Links to Third Party Websites, Disclaimer of Warranty, Indemnification, Limitation of Liability, Term and Termination, and General shall survive any termination of these Terms of Use.

PJM respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the site in a way that constitutes copyright infringement and appears on our Site or through the Services, please provide our copyright agent with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on its website is Nina Yablok who can be reached as follows:
By mail: PJM Inc.
Attention: Nina Yablok

By phone: 877-955-9100, ext.16
By email: nina@buslaw.com

General
PJM controls and operates this Site from its headquarters in the United States and makes no representation that the Materials are appropriate or will be available for use in locations other than the United States. If you use this Site from outside the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms of Use will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms of Use or in connection with this Site only in the federal and state courts located in Los Angeles county, California. The United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act are hereby expressly excluded from application to this Terms of Use. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of PJM to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PJM in writing. These Terms of Use comprises the entire agreement between you and PJM and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.