PowerCalc™ Social Media Terms of Use
Last Revised: July 15, 2016
Electric Power Calc Inc. and its parents and affiliates, d/b/a PowerCalc (“PowerCalc”, “we”, “us”, or “our”), use a variety of third-part social networking websites, communications services, and media channels including, but not limited to, LinkedIn, Facebook, Twitter, and Your Tube (collectively, “Social Media”) in order to communicate and interact with our internal and external audiences who may want to share their passion for PowerCalc or discuss our products, services, and promotions. These Social Media Terms of Use (the “Terms of Use”) apply to any users accessing or positing comments, visuals, videos, posts, media, or any other forms of feedback (collectively, “User Content”) on our Social Media channels.
While we are excited to hear from all of our users and always welcome and encourage your constructive feedback and discussion, it is important to note that User Content is not necessarily representative of the thoughts or opinions of PowerCalc or any of our employees or affiliates. We make no warranties, whether express or implied, regarding the accuracy, completeness, usefulness, or reliability of any User Content on our Social Media channels. This information solely represents the views and opinions of the individual submitting the User Content, and we assume no liability for any information published, posted, uploaded, distributed, disseminated, or otherwise transmitted by third parties via our Social Media channels. Any reliance you place on such information is strictly at your own risk and you are fully responsible for any damage or harm resulting from your posting or submission of User Content.
We may also include links to other third-party websites on our Social Media channels. Please note that these links do not represent an endorsement by PowerCalc of such websites and PowerCalc is not responsible for any third-party websites that we do not host. We encourage you to review the privacy policies and terms of use of any third-party websites to determine how they operate and what your responsibilities are in connection with accessing those websites.
Any forms of recognition, rating, or communication offered by third-party Social Media channels (e.g., “Friending” or “Tweeting”) do not constitute PowerCalc’s endorsement, approval, or acceptance of any person, organization, entity, product, service, policy, or belief. Such ratings and communications shall not create a business, political, or personal relationship with us, nor shall they be construed as an offer for employment or any other contract, whether binding or non-binding, between you and PowerCalc or its affiliated entities.
Social Media provides users with another way to interact with each other and PowerCalc, as well as share feedback about PowerCalc’s products or services. We are committed to ensuring that users who see User Content containing PowerCalc advertising messages from compensated endorsers (e.g., posting on blogs, Facebook, Twitter, etc.) clearly understand the source of those messages. If you have a material connection to PowerCalc (i.e., you obtained any payment, compensation, or value in connection with your promotions of PowerCalc) that is not immediately apparent to other users, you must disclose your relationship with us in your endorsement in order to place your message in context. We encourage you to disclose your relathionship with us any time you may be in doubt as to whether disclosure is necessary. These requirements apply to anyone who submits User Content that promotes PowerCalc in connection with some benefit from us, regardless of whether they were engaged directly by us or indirectly through third parties (e.g., blogger networks). You can choose how to disclose your connection to PowerCalc as long as it is clear and obvious to other users. For example, if you write a blog post about PowerCalc, you might include a statement like “PowerCalc gave me free_______”, or if you post about us to Twitter you could add hashtags like “#paid ad” or #PowerCalc #ad”. In the event you engage third parties that promote PowerCalc (e.g., advertising agencies), you must: (i) ensure they understand their responsibilities and agree to these Terms of Use prior to the beginning of the engagement, and (ii) monitor any endorsements they make to ensure those promotions appropriately inform other users of the third party’s connection to PowerCalc. We reserve the right to monitor any User Content endorsing our products and services on our Social Media channels and to cancel any sponsorships or other relationship with you pertaining to the endorsement.
By posting User Content that contains images, photographs, pictures, or that may otherwise be graphical in whole or in part (“Images”), you represent that each person depicted in any Image, if any, has provided consent to the distribution, publish display and reproduction of any Image.
Our Social Media channels are intended to be communities where you can leave relevant comment, Images, and links, and we encourage you to do so. However, we do not condone any form of harassment, written attacks, insults, vulgarity , or indecency in an User Content, whether in writing or in the transmission of images, and we request that you do not advertise for non-PowerCalc affiliated products, services, or events through our Social Media channels. To this end, you expressly agree that you will not submit User Content that:
We reserve the right, but do not assume the responsibility, to review, delete, edit, or otherwise alter all User Content in any manner we see fit, and we will remove or refuse to distribute any User Content that we deem, I our sole discretion, to be inappropriate or offensive. However, PowerCalc can neither review nor ensure prompt removal of all objectionable user Content posted on or submitted to our Social Media channels. Accordingly, PowerCalc assumes no liability for any action or inaction regarding User Content submitted by third parties. We are not liable or responsible to anyone for the performance or non-performance of any of the above activities.
We also reserve the right to access, read, preserve, and disclose any User Content that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii)enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to support requests; or (v) protect the rights, property, or safety of PowerCalc, users of our Social Media channels, and the general public. PowerCalc will not be liable or responsible for the exercise or non-exercise of its rights under these Terms of Use.
For any User Content you post, upload, submit, or request on PowerCalc’s social Media channels, you grant PowerCalc a non-exclusive, royalty-free, perpetual irrevocable, and fully sub-licensable right to (i) use, reproduce, modify, adapt, publish, translated, transmit, create derivative works from, distribute, disclose, and publicly display and perform your User Content for commercial purposes throughout the world in any media now known or hereafter developed; and (ii) publish the name that you submit in connection with your User Content, in PowerCalc’s sole discretion. You agree that you have no recourse against PowerCalc for anyone’s infringement, misuse, or violation of any right you may have in your User Content, and you irrevocably waive any “moral rights” in your User Content. You also irrevocably agree that PowerCalc can pursue claims against anyone who violates PowerCalc’s rights in the User Content, and further acknowledge that we assume no responsibility for the deletion of –or the failure to sore or otherwise provide access to—User Content submitted by you or others. No compensation will be paid with respect to the use of your User Content as provided in these Terms of Use.
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