The Palm Press Room Terms of Service

Welcome to the Palm Press Room ("PPR"). These Terms of Service ("TOS") govern use of the PPR by eligible users (“You”).

BY ACCESSING THE PPR, YOU ACCEPT ALL THE TERMS AND CONDITIONS IN THESE TOS. These TOS incorporate by reference the terms of Palm’s Privacy Policy, and by agreeing to these TOS you are also accepting the terms of the Privacy Policy. If you do not accept all of the terms and conditions of these TOS or the Privacy Policy, do not use the PPR.

About PPR
The PPR provides you with access to various content, including news clips, video images, digital audio sound, information, hyperlinks and other content (collectively, "Content") created and/or owned by Palm or third parties (collectively, "Content Providers"). Additional terms and conditions may be included in the listing for each item of Content, including in the usage/ rights description (collectively, the "Content Listing"). Use of certain third party sites may also be subject to the terms and conditions and/or privacy policy of the Palm partner for that third party site and each member is responsible for reviewing and agreeing to any such additional terms and conditions (the "Third Party Terms").

Eligibility
Use of the PPR is generally limited to journalists and independent producers for media outlets that wish to incorporate Content into their editorial products (“User” or “Users”). However, Palm reserves the right to grant access to other parties as it determines to be appropriate. If you are using the PPR on behalf of a company or other entity, you confirm that you have the legal authority to enter into these TOS on behalf of such organization, and the provisions of these TOS shall apply to all use of the Content by such organization. References to a "User" in these TOS shall include such User’s organization. The PPR is not directed to anyone under the age of 18, and people under the age of 18 should not use the Site. Palm will not knowingly collect personally identifiable data from anyone under 18.

Permitted Use of Content

Content is generally available for use free of charge. Content selected by a User may be (A) reproduced either in its entirety or in excerpted form, and captioned by the User solely for editorial use within such User's editorial products (i.e., video news stories, print articles, etc.), and (B) transmitted, distributed, publicly performed and displayed anywhere in the world as part of such User's editorial products by Internet, satellite or other means of distribution (whether now known or hereinafter developed), including broadcast, cablecast, microwave, web cast, display in web content, radio, print or other information distribution systems. Content which is not incorporated into a User's editorial products may not be stored in any temporary or permanent electronic database for future use or for other purposes unless agreed to in writing by Palm, however, editorial products which contain Content may be archived as part of normal archival processes. You may not use any Content (a) in a book (requests should be sent to image.requests@palm.com); (b) on any web site with adult content; (c) for promotion or advertising of any product or service other than the editorial product into which the Content is incorporated; and (d) in a way that defames any person, or violates any person’s right of privacy, publicity or moral rights, or infringes upon any copyright, trade name or trademark of any person or entity.

A User's rights to use the PPR and/or the Content are limited and non-transferable, and may not be sold, traded or otherwise transferred, except that the Content may be transferred as part of normal distribution of the editorial product. No model releases or other rights clearances have been obtained for any Content unless specified in the applicable Content Listing. Model releases and rights clearances are your obligation.

Use of the Content in any manner other than as expressly permitted above requires the prior written consent of Palm. THE RIGHTS GRANTED TO A MEMBER MAY BE LIMITED BY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN ANY CONTENT LISTING, AND IN ANY APPLICABLE THIRD PARTY TERMS WHICH ARE INCORPORATED INTO THESE TOS, SO YOU SHOULD REVIEW THOSE TERMS PRIOR TO USE.

Each Content Provider retains all right, title, and interest in and to its Content. You may not remove any copyright or other intellectual property notices contained in the Content. You agree to attribute credit to the Content Provider if required by such Content Provider as indicated in the Content Listing. No rights in any Content are granted except the limited rights specified in this TOS. Any right, title or interest arising in any compilation or derivative work created using any Content shall not entitle you to use any Content except as permitted in this TOS. You do not acquire any copyright ownership or equivalent rights in or to any Content or any other property of Palm or Content Providers as a result of any license granted to you in these TOS.

Content Distribution
As a User you are entitled to use the Content posted on the PPR in accordance with these TOS, any applicable Content Listing and any applicable Third Party Terms, however your status as a User does not entitle you to be a Content Provider or to distribute your own Content through the PPR. If you are the owner or authorized licensee of Content that you wish to make available on the PPR, please contact corporate.communications@palm.com for additional information.

Copyright Agent
If you believe that any information or Content has been used on this Site in a manner not authorized by you and that constitutes copyright infringement, please provide Palm’s Copyright Agent with a written notice that includes the following information:

• an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed;
• a description of where the material that you claim is infringing is located on the PPR;
• your address, telephone number, and e-mail address;
• a statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Palm’s designated agent for notice of copyright infringement can be reached at:

Palm, Inc. Attention: Copyright Agent
950 West Maude Avenue MS 14R10
Sunnyvale, CA 94085-2801
Phone: (408) 617-7000
Facsimile: (408) 617-0139
Email: copyright@palm.com

Trademarks
The trademarks, service marks and logos displayed on the PPR (the "Marks") are owned by Palm, Content Providers or other licensors, and may be displayed or otherwise used by you only as part of the editorial products which incorporate such Marks within the Content. All other uses require the prior written consent of Palm.

Changes: Discontinuation
Palm reserves the right to change modify, add, or remove portions of these TOS and/or the Privacy Policy at any time and such changes shall be effective upon posting the new TOS and/or Privacy Policy on the PPR. You are responsible for periodically checking these TOS and Privacy Policy for changes. Your continued use of the PPR following the posting of changes constitutes your acceptance of those changes. Palm may change, suspend or discontinue any aspect of the PPR at any time, without prior notice and without any liability to you.

Third Party Links and Content
Some links on the PPR lead to Web sites maintained by third parties over whom Palm has no control. Palm makes no representations or warranties regarding (1) the accuracy or any other aspect of the information located on sites for which Palm provides links, (2) loss or damage to your computer, software, or data resulting from the use of such links or data or software found on the linked sites, or (3) the results of the use of such linked sites. Palm is not responsible for the availability or the content contained on the sites of these outside resources, and you should direct any concerns regarding any external link to the site administrator or webmaster of such site. You acknowledge and agree that Palm does not endorse the Content of any third party Content Provider and is not responsible for or liable for any such Content. All representations or other statements on the PPR regarding the Content and the Content Listings, including usage/rights information, are the responsibility of the applic able Content Provider, and Palm shall have no liability for any inaccuracies in any such information. Any requests for specific rights clearance documents should be directed to the contact specified for the applicable Content Provider for such Content and not to Palm. You acknowledge that Palm has the right in its discretion to refuse to post or remove any Content which it deems to be inappropriate.

System Integrity: User Conduct
You may not use any device, software or routine to interfere or attempt to interfere with the proper workings of the PPR. You may not take any action which imposes an unreasonable or disproportionately large load on Palm’s infrastructure. You agree that you will not deep link with or copy Palm’s Web pages or the content contained therein without Palm’s prior written consent. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Content and the PPR.

No Warranty
PALM PROVIDES THE PPR, THE CONTENT AND ITS SERVICES "AS IS" AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, PALM SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PALM DOES NOT WARRANT THAT THE PPR WILL OPERATE UNINTERRUPTED, ERROR FREE OR THAT THE PPR, ITS SERVER AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL ELEMENTS. PALM MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY CONTENT, CONTENT LISTING OR OTHER INFORMATION ON THE PPR NOR THAT THE CONTENT OR THE PPR WILL MEET YOUR REQUIREMENTS.

Limitation of Liability
IN NO EVENT SHALL PALM, ITS CONTENT PROVIDERS, OTHER SUPPLIERS, LICENSORS, SUCCESSORS, AFFILATES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY THIRD PARTIES MENTIONED ON THE PPR BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THIS AGREEMENT OR THE USE OR INABILITY TO USE THE PPR AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PALM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PALM SHALL NOT HAVE ANY LIABILITY WHATSOEVER ARISING FROM YOUR USE OF OR RELIANCE ON ANY CONTENT, ON ANY INFORMATION REGARDING THE CONTENT, INCLUDING THE CONTENT LISTINGS, OR ON THE PPR GENERALLY. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages and as a result, some of the limitations set forth herein may not apply to you.

Indemnity
You agree to indemnify and hold harmless Palm, its Content Providers and other licensors, and their respective affiliates, licensees, directors, officers, and employees against all liabilities, claims, damages, and expenses, including attorneys' fees ("collectively, "Losses"), arising from your use or modification of the Content or the PPR; (ii) your violation or alleged violation of these TOS; (iii) allegations of your use of the Content in any manner not permitted herein or by the terms of the Content Listing or any applicable Third Party Terms; (iv) or any act or failure to act by you or any of your affiliates, licensees, directors, officers, and employees.

Termination
Palm reserves the right to immediately terminate your rights to use the PPR in its discretion, including in the event Palm determines that your conduct is unacceptable, or in the event you breach these TOS, the terms of any Content Listing or any applicable Third Party Terms. The No Warranty, Limitation of Liability, Indemnity and Applicable Law sections shall survive the termination of these TOS and your access as a User.

Applicable Law

These TOS shall be construed in accordance with the laws of the State of California, excluding its conflict of law rules. The Superior Court of the County of Santa Clara or the United States District Court for the Northern District of California shall have jurisdiction and venue over all controversies arising out of, or relating to, these TOS. Those who choose to access the PPR from outside the United States are responsible for compliance with local laws. Palm’s rights under these TOS may not be waived unless Palm agrees to the waiver in writing. If any provision of these TOS is invalid or unenforceable under applicable law, the affected provision shall be deemed omitted and the remaining provisions will continue in full force and effect. These TOS together with all applicable Content Listings, the Privacy Policy and any applicable Third Party Terms constitutes the entire understanding between you and Palm regarding the PPR.

 

I Agree to the Terms of Service