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<h1>Terms of Use</h1>
<p class="byline">Last updated: Thursday, October 07, 2021</p>
<p>Thank you for using the Polytechnic University of the Philippines (“PUP” or “University”) online services. This is provided by the University with main operations located at Anonas Street, Santa Mesa, Manila, Philippines 1016.</p>
<p>By using our online services, you are agreeing to these terms. Please read carefully.</p>
<h2>Acceptance of Terms</h2>
<p>The online services that PUP provides to you are subject to the following Terms of Use ("Terms"). This is an agreement between you (either an individual or a single entity) and the University. By visiting, browsing and/or interacting
with our online services, you agree to be bound by this Terms.</p>
<p>PUP reserves the right to update the Terms at any time without notice to you. The most current version of the Terms can be viewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages and online
services.</p>
<p>The University offers various online services wherein additional terms or requirements may apply. As such, these terms will be available to relevant online services, and those additional terms become part of your agreement with the
University if you use those online services.</p>
<h2>Description of Services</h2>
<p>The University provides you access to its online services, including its official Website (www.pup.edu.ph), portals (intranet and learning), apps (Web, mobile and desktop), social media channels, associated media, digital materials,
online/electronic documentation, and University information (collectively referred to as "Services"). The Services, its updates, enhancements, new features, and/or the addition of any new online service are subject to this Terms.</p>
<h2>Limitation of Use</h2>
<p>The Services are for your academic, non-profit and non-commercial use. PUP grants you conditional access to visit, browse, and interact with the Services as long as you abide with this Terms on your computers running validly licensed
copies of software for which the Services were designed.</p>
<p>The information including images and photos contained within the Services (“Information”) are provided by PUP and may be used for informational purposes only. You may not copy, modify, distribute, transmit, display, reproduce, publish,
license, develop derivative/creative works from, transfer, or sell any Information, forms or documentation obtained from the Services.</p>
<p>PUP and its associated symbols, consisting the logo and the typeface, should follow the standard. It must not be altered in any way, such as in layout, shape, font, font style, position or color.
<em>(</em><a href="https://drive.google.com/open?id=0B1BuDAuN0r8SeDZnZ1BiZkF0dUE" target="_blank">See PUP Logo Specification for more information</a>).</p>
<p>When written permission to reproduce materials is granted, PUP should be acknowledged as the source of the materials.</p>
<p>If any component of the Service or any of its components are marked “Preview”, "Pre-released", "Beta", "Currently being updated", "To be Updated" or "Under Construction", that component constitutes pre-release Information and may be
changed substantially before its formal release. You have the option not to use that Service in a live operating environment where it may be relied upon to perform in the same manner as a formally released component or with data that
has not been sufficiently backed up.</p>
<h2>No Unlawful or Prohibited Use of the Services</h2>
<p>As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use the Services in any manner that could damage, disable,
overburden, or impair any PUP server, or the network(s) connected to any PUP server, or interfere with any other party's use and enjoyment of any Services. You must not attempt to gain unauthorized access to any Services, other
accounts, computer systems or networks connected to any PUP server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means
not intentionally made available through the Services.</p>
<p>You must not infiltrate, reverse engineer, decompile, or disassemble the Services or any of its components. Also, you must not use any special hardware or software to download all the files from the Services (either with or without any
intention to vandalize, hack or destroy any/all Services).</p>
<h2>Use of Services</h2>
<p>The Services may contain e-mail features, forum and bulletin board, messaging, virtual communities, portals, calendars, media galleries, social media channels, document and communication management systems, and/or other message or
communication facilities designed to enable you to communicate with others (each referred to as "Communication Service" and collectively as "Communication Services"). You agree to use the Communication Services only to post, send and
receive messages and material that are proper and, when applicable, related to the particular Communication Service.</p>
<p>The University adheres to the basic principles of human decency, respect and values. We have zero tolerance for messages and comments that curse, trash, degrade, humiliate and intimidate. Such behavior does little to inspire
intelligent and educated discussion. Freedom of speech does not mean license to smear reputation and ruin credibility. Nor does it mean the freedom to be irresponsible and to defame. Freedom of speech, rather, is the recognition of the
right of anyone to speak his or her mind, and to express a contrary view without being objectionable.</p>
<p>By way of example, and not limited to the following, you agree that when you use the Communication Services, you will NOT:</p>
<ul>
<li>Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);</li>
<li>Defame, abuse, harass, insult, curse, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;</li>
<li>Disrespect the views of others. Some topics that are posted might be controversial or offensive to the sensibilities of some. If you feel strongly against such topics, you can practice courteous responses or report the concerned
post to the Service Administrator. We don't want any mudslinging and flaming going on in the Services as it affects everyone;</li>
<li>Publish, post, disclose, upload, distribute or disseminate any inappropriate, political, profane, defamatory, obscene, vulgar, inaccurate, harassing, hateful, threatening, indecent or unlawful topic, name, material or information;
</li>
<li>Upload, or otherwise make available, files or documents that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not limited to, copyright or trademark
laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;</li>
<li>Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
</li>
<li>Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malware, ransomware or any other similar software or programs that may damage the operation of another's computer or property of
another;</li>
<li>Advertise or offer to sell or buy any goods or services for any business or commercial purpose;</li>
<li>Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;</li>
<li>Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that
is uploaded;</li>
<li>Restrict or inhibit any other user from using and enjoying the Communication Services;</li>
<li>Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;</li>
<li>Harvest or otherwise collect information about others, including e-mail addresses;</li>
<li>Violate any applicable laws or regulations;</li>
<li>Create a false identity for the purpose of misleading others and the University;</li>
<li>Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof;</li>
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We use cookies to ensure you get the best experience on our Website and Online Services. By continuing, you agree to our use of cookies. More info Got it! * * Home * Good Governance * Transparency * International Affairs * Bid Notices and Invitation * Contact us * About PUP * University Profile * Vision and Mission * History * Logo and Symbols * Hymn * Annual Reports * Awards and Recognitions * Contact us * Maps * University Code * Institutional Development Plan * Quality Policy Statement * Branches and Satellite Campuses * Memorandum Orders * Executive Orders * CODI Manual * Citizens Charter * Office Memorandum * Strategic Performance Management System * Academic * Academic Programs * Open University System * Graduate Studies * Colleges * Institute of Technology * Senior High School * Laboratory High School * Library Services * Online Public Access Catalog * Quality Assurance Center * PUP eMabini Learning Portal * OVPAA Advisories * Students * Student Services * Student Organizations * Student Publications * Student Council * Student Handbook * University Registrar * PUP Student Information System * PUP Online Document Request System * PUP Bookstore * Downloadable Forms * Online Job Postings * Research * Researches * Extensions * Institutional Planning and QMS * Intellectual Property * Research Publications * Science and Technology * Cultural and Language Studies * Human and Social Development * Gender and Development * PUP Online Journal System * PUP Online Survey for Faculty Evaluation * University Thesis and Disseration Manual Polytechnic University of the Philippines The Country's 1st PolytechnicU * About PUP * University Profile * Vision and Mission * History * Logo and Symbols * Hymn * Annual Reports * Awards and Recognitions * Contact us * Maps * University Code * Institutional Development Plan * Quality Policy Statement * Branches and Satellite Campuses * Memorandum Orders * Executive Orders * CODI Manual * Citizens Charter * Office Memorandum * Strategic Performance Management System * Academic * Academic Programs * Open University System * Graduate Studies * Colleges * Institute of Technology * Senior High School * Laboratory High School * Library Services * Online Public Access Catalog * Quality Assurance Center * PUP eMabini Learning Portal * OVPAA Advisories * Students * Student Services * Student Organizations * Student Publications * Student Council * Student Handbook * University Registrar * PUP Student Information System * PUP Online Document Request System * PUP Bookstore * Downloadable Forms * Online Job Postings * Research * Researches * Extensions * Institutional Planning and QMS * Intellectual Property * Research Publications * Science and Technology * Cultural and Language Studies * Human and Social Development * Gender and Development * PUP Online Journal System * PUP Online Survey for Faculty Evaluation * University Thesis and Disseration Manual TERMS OF USE Last updated: Thursday, October 07, 2021 Thank you for using the Polytechnic University of the Philippines (“PUP” or “University”) online services. This is provided by the University with main operations located at Anonas Street, Santa Mesa, Manila, Philippines 1016. By using our online services, you are agreeing to these terms. Please read carefully. ACCEPTANCE OF TERMS The online services that PUP provides to you are subject to the following Terms of Use ("Terms"). This is an agreement between you (either an individual or a single entity) and the University. By visiting, browsing and/or interacting with our online services, you agree to be bound by this Terms. PUP reserves the right to update the Terms at any time without notice to you. The most current version of the Terms can be viewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages and online services. The University offers various online services wherein additional terms or requirements may apply. As such, these terms will be available to relevant online services, and those additional terms become part of your agreement with the University if you use those online services. DESCRIPTION OF SERVICES The University provides you access to its online services, including its official Website (www.pup.edu.ph), portals (intranet and learning), apps (Web, mobile and desktop), social media channels, associated media, digital materials, online/electronic documentation, and University information (collectively referred to as "Services"). The Services, its updates, enhancements, new features, and/or the addition of any new online service are subject to this Terms. LIMITATION OF USE The Services are for your academic, non-profit and non-commercial use. PUP grants you conditional access to visit, browse, and interact with the Services as long as you abide with this Terms on your computers running validly licensed copies of software for which the Services were designed. 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If any component of the Service or any of its components are marked “Preview”, "Pre-released", "Beta", "Currently being updated", "To be Updated" or "Under Construction", that component constitutes pre-release Information and may be changed substantially before its formal release. You have the option not to use that Service in a live operating environment where it may be relied upon to perform in the same manner as a formally released component or with data that has not been sufficiently backed up. NO UNLAWFUL OR PROHIBITED USE OF THE SERVICES As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these Terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any PUP server, or the network(s) connected to any PUP server, or interfere with any other party's use and enjoyment of any Services. 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USE OF SERVICES The Services may contain e-mail features, forum and bulletin board, messaging, virtual communities, portals, calendars, media galleries, social media channels, document and communication management systems, and/or other message or communication facilities designed to enable you to communicate with others (each referred to as "Communication Service" and collectively as "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. The University adheres to the basic principles of human decency, respect and values. We have zero tolerance for messages and comments that curse, trash, degrade, humiliate and intimidate. Such behavior does little to inspire intelligent and educated discussion. Freedom of speech does not mean license to smear reputation and ruin credibility. Nor does it mean the freedom to be irresponsible and to defame. Freedom of speech, rather, is the recognition of the right of anyone to speak his or her mind, and to express a contrary view without being objectionable. By way of example, and not limited to the following, you agree that when you use the Communication Services, you will NOT: * Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); * Defame, abuse, harass, insult, curse, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; * Disrespect the views of others. Some topics that are posted might be controversial or offensive to the sensibilities of some. If you feel strongly against such topics, you can practice courteous responses or report the concerned post to the Service Administrator. We don't want any mudslinging and flaming going on in the Services as it affects everyone; * Publish, post, disclose, upload, distribute or disseminate any inappropriate, political, profane, defamatory, obscene, vulgar, inaccurate, harassing, hateful, threatening, indecent or unlawful topic, name, material or information; * Upload, or otherwise make available, files or documents that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not limited to, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; * Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; * Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malware, ransomware or any other similar software or programs that may damage the operation of another's computer or property of another; * Advertise or offer to sell or buy any goods or services for any business or commercial purpose; * Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; * Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; * Restrict or inhibit any other user from using and enjoying the Communication Services; * Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; * Harvest or otherwise collect information about others, including e-mail addresses; * Violate any applicable laws or regulations; * Create a false identity for the purpose of misleading others and the University; * Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof; * Type LYk DiS and refrain frm usng 2 mch encryptd txt shrtcts. That way, everyone will have an easier time reading the information; * Type in ALL CAPS or CAPITAL LETTERS throughout your content. It gives others the wrong impression that you are shouting; * Flood posts as it will cause everyone to suffer in terms of the site performance. Flooders who posts nonsense messages could very well get their accounts banned. Also, avoid using extensive uses of line spacing. We will consider this as flooding; * Upload unnecessarily large images because it will ruin the layout of the Service and slow down the loading of pages for other users. Be considerate of other's bandwidth as most are still using slow Internet connection; * Post personal information (personal email, mobile number, landline number, etc.) of anyone. Doing so might leave the victim open to harassment. Let us respect the privacy of others; and * Use or register to the Services if you are below eighteen (18) years of age without parental consent. Philippine laws require minors to first obtain parental consent before engaging with any transactions. PUP, its developers and third-party providers have no obligation to monitor the Communication Services. However, PUP, its developers and third-party providers reserve the right to review materials posted to the Communication Services and to remove any materials (including, by way of example, and not limited to, posts and comments that violate standards of civility) in its sole discretion, without notice, for any reason whatsoever. PUP and third-party providers reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. PUP reserves the right at all times to disclose any information as PUP deems necessary to comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PUP's sole discretion, without notice, for any reason whatsoever. Always use caution when giving out any personally identifiable information about yourself, your family or your children in any Communication Services. PUP, its developers and third-party providers do not control or endorse the content, messages or information found in any Communication Services and, therefore, PUP, its developers and third-party providers specifically disclaims any liability with regards to the Communication Services and any actions resulting from your participation in any Communication Services. Site managers and hosts are not authorized PUP spokespersons, and their views do not necessarily reflect those of PUP. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials. PRIVACY STATEMENT Read the Privacy Statement to learn how the University collects and use your personal information. SOFTWARE AVAILABLE VIA SERVICES Any software that is made available to download from the Services ("Software") is the copyrighted work of its respective provider and/or its suppliers. Use of the Software is governed by terms in its end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End-users will be unable to install any Software that has a License Agreement, unless they first agree to the License Agreement terms. Third-party scripts or code, linked to or referenced from the Services, are granted to you by the respective companies that own such code, not by PUP. The Software is made available for download solely for use by end-users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the License Agreement accompanying such Software. The Software is warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the License Agreement, PUP hereby disclaims all warranties and conditions with regards to the Software, including all warranties and conditions of merchantability, whether expressed, implied or statutory, fitness for a particular purpose, title and non-infringement. For your convenience, PUP may make available a link to a particular Software as part of the Services for use and/or download. PUP does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such Software. Please respect the intellectual property rights of others when using the Software made available on the Services. The Services and Software are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Philippine Government is subject to restrictions as set forth in its law and constitution, as applicable. DOCUMENTS AVAILABLE VIA SERVICES The Information, articles (news, announcements, events, notices, invitations), research papers, press releases, statistical data, directory of offices and its officials, reports, forms and FAQs (“Documents”) from the Services is owned by PUP and is protected by intellectual property rights and/or copyright, and may not be distributed, modified, reproduced in whole or in part without prior written permission from the Office of the University President. When permission to use is granted, (1) PUP should be acknowledged as the source of the materials and the copyright notice must appear in all copies and that both the copyright notice and this permission notice must also appear, (2) use of such Documents from the Services is for informational, non-profit and non-commercial or personal use only and will not be copied or distributed on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions duly recognized and accredited by the Government, such as K-12, universities, private/public colleges and schools, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Documents specified in this Terms do not include the design or layout of the Services. Elements of the Services are protected by intellectual property, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Services may be copied or retransmitted unless expressly permitted by the Office of the University President or the third-party provider. PUP and/or its respective partners make no representations about the suitability of the Information contained in the Documents and related graphics published as part of the Services for any purpose. All such Documents and related graphics are provided "AS IS" WITHOUT WARRANTY OF ANY KIND. PUP and/or its respective partners hereby DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall PUP, its employees, developers and/or its respective partners be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of Information available from the Services. The Documents and related graphics published on the Services could include technical inaccuracies or typographical errors. Changes are periodically added to the Information herein. PUP, its developers and/or its respective partners may make improvements and/or changes in the Information and Services at any time, even without notice to you. USER ACCOUNT, PASSWORD AND SECURITY If any of the Services requires you to open an account, you must complete the registration process by providing PUP with current, complete and accurate information as prompted by the applicable online registration form. Most Services may require you a username and a password. Your username will uniquely identify you from other users and is unchangeable throughout your use of the Services. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur within your account. You agree to notify the PUP Information and Communications Technology Office (“ICTO” or “ICT Office”) immediately of any unauthorized use of your account or any other breach of security. PUP, ICTO, its developers and third-party providers will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PUP or another party due to someone else using your account or password. You may not use anyone else's account at any time. Sharing of user account and password is strictly prohibited. MATERIALS PROVIDED TO PUP OR POSTED AT ANY SERVICES PUP does not claim ownership of the materials you provide to the University (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting PUP permission to use your Submission in connection with the University's operation (including, without limitation, all PUP Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to share such rights to the University's colleges, offices, branches and campuses. No compensation will be paid with respect to the use of your Submission, as provided herein. PUP is under no obligation to post or use any Submission you may provide and PUP may remove any Submission at any time in its sole discretion, without notice, for any reason whatsoever. By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (a) to all members of your private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for the Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be given with respect to the use of your Images. COPYRIGHT INFRINGEMENT PUP respects the intellectual property rights of others. If your copyright or trademark is being infringed, you may contact the PUP Office of the Chief Legal Counsel (legal@pup.edu.ph). LINKS TO OTHER SITES Links that are present in the Services will let you leave PUP's site. The linked sites are not under the control of PUP and the University is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. PUP is not responsible for webcasting or any other form of transmission received from any linked site. PUP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the University of that site. SUBMISSION OF UNSOLICITED IDEA PUP or any of its employees and developers or third-party providers do not accept or consider unsolicited ideas, including ideas for new campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when PUP's services or strategies might seem similar to ideas submitted to PUP. So, please do not send your unsolicited ideas to PUP or anyone at PUP if, despite our request that you not send us your ideas and materials, you still send them, please understand that PUP makes no assurances that your ideas and materials will be treated as confidential or proprietary. 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