Effective as of August 23, 2011
"Content" means text, graphics, images, music, software, audio, video, information or other materials.
"Principal Content" means all Content that the Principal Financial Group makes available through the Site, Application or Service, including any Content licensed from a third party, but excluding Member Content.
"User" means a person that completes the Principal Dreamcatcher account registration process, as described under "Account Registration" below.
"User Content" means all Content (including without limitation the User Photographs and any comments you submit) that a User posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
"Site Content" means User Content and Principal Content.
Certain areas of the Site and Application (and your access to or use of the Services or certain Site Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, Site Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services or Site Content.
In order to access certain features of the Site, Application and Services and to post any User Content on the Site, Application or through the Services, you must register to create an account ("Account"). You must register with the Principal Financial Group through the Site and/or your account with certain third party social networking services, including, but not limited to, using Facebook and Twitter (collectively, "SNS"). When you register through your SNS account, you will be asked to login to the Services using your SNS account credentials. Creating an Account for the first time via a SNS will prompt you to merge your Principal Financial Group and SNS accounts. By creating an Account via your account with an SNS, you are allowing Principal Financial Group to access your SNS account information and you are agreeing to abide by the applicable terms and conditions of your SNS in your use of the Services via such SNS. If you are not currently registered as a User and you click to login with an SNS, you will first be asked to enter your SNS credentials and then be given the option to register and join Principal Dreamcatcher. Users can automatically post recent activity back to the applicable SNS, and Users also have the option to disable the connection between their Principal Dreamcatcher Account and SNS account at any time by accessing the SNS account and disconnecting access to the Services.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. The Principal Financial Group reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify the Principal Financial Group of any unauthorized use of your Account.
After creating an Account, you will be invited to submit photograph(s) from either your computer ("User Photographs") or from the Internet ("Internet Photographs"). User Photographs and Internet Photographs shall be referred to collectively as "Photographs." You will also be invited to submit comments in connection with each submitted Photograph. You may then share the Dreamcatcher Content (including the Photographs and comments) via hard copy, email, Facebook and Twitter with friends and representatives (e.g financial planners, accountants) solely for personal, non-commercial purposes and you may not reproduce, share, display, exhibit or otherwise use the Photographs in any other manner whatsoever.
User Generated Content
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content through the Site, Application or Services, you hereby grant to the Principal Financial Group a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Site, Application or Services. The Principal Financial does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
User Content Warranties and Representations
You acknowledge and agree that you are solely responsible for all User Content that you upload to the Site, Application and Services. Accordingly, you represent and warrant that for User Content you upload to the Site:
- you either are the sole and exclusive owner of all User Content that you make available through the Site, Application and Services or you have sufficient rights, licenses, consents and releases that are necessary to grant to the Principal Financial Group the rights in such User Content, as contemplated under these Terms; and
- neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or the Principal Financial Group’s use of the User Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to do any of the following:
- Post, upload, publish, submit, provide access to or transmit any Content that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive;
- is defamatory, obscene, pornographic, vulgar or offensive;
- promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person; or
- promotes illegal or harmful activities or substances.
In accordance with the Digital Millennium Copyright Act (“DMCA”), if you believe that Content residing or accessible on the Site infringes a copyright, please send a notice of the alleged copyright infringement containing the following information to the Designated Copyright Agent of The Principal at the address below:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding and verifying its existence.
- Contact information about the notifying party, including name, address, telephone number and e-mail address.
- A statement that the notifying party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the notifying party is authorized to make the complaint on behalf of the copyright owner.
- The notifying party's physical or electronic signature.
After the Designated Copyright Agent of The Principal receives notification of an alleged infringement that meets all of the requirements above, we shall:
- Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the Site.
- We will then immediately notify the subscriber responsible for the allegedly infringing material (the Offending Subscriber) that it has removed or disabled access to the material.
- We reserve the right, at our sole discretion, to immediately terminate the account of any subscriber who is the subject of repeated DMCA takedown notices.
The Designated Copyright Agent of The Principal
Principal Financial Group
711 High Street
Des Moines, Iowa
Termination and Account Cancellation
The site, application, services and site content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, the Principal Financial Group explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. The Principal Financial Group makes no warranty that the site, application, services or site content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The Principal Financial Group makes no warranty regarding the quality of any products, service or site content obtained through the site, application or services or the accuracy, timeliness, truthfulness, completeness or reliability of any site content obtained through the site, application or services.
Limitation of Liability
In no event shall the Principal Financial Group, its directors, officers, shareholders, employees or affiliates be liable with respect to the Site or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for any loss of use, profits, data, images, User Content or other intangibles; (c) damages for unauthorized use, non-performance of the Site, errors or omissions; or (d) damages related to uploading or posting content. The Principal Financial Group’s and the Site’s collective liability under this Agreement shall be limited to three hundred U.S. Dollars. Please be advised that some states do not allow for the exclusion or limitation of incidental or consequential damages. Accordingly this provision, including its limitations and exclusions, may not apply in certain jurisdictions.
Controlling Law and Jurisdiction