2. Responsibility of Website Contributors
If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- The downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- If your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- Your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- Your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog or comment’s URL or name is not the name of a person other than yourself or company other than your own; and
- You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials.
3. Responsibility of Website Visitors
Owner has not reviewed, and cannot review, all of the material posted to the Website, or sites linked to the Website, and is not responsible for any such material or linked content. The inclusion of any link does not imply endorsement by Owner of the site. Use of any such linked website is at the User’s own risk. By operating the Website, Owner does not represent or imply endorsement of the material there posted, or that such material is accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Owner disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Personal Use License
Content Owner grants User a non-exclusive, perpetual, personal use license to view, download, display, and print content, subject to the following restrictions:
- Content is licensed for personal use only, not commercial use.
- Content may not be used in any way whatsoever in which you charge money, collect fees, or receive any form of remuneration.
- Content may not be resold, relicensed, sub-licensed, rented, leased, or used in advertising.
- Content may not be modified, edited or stripped of any copyright or proprietary notations.
- Content is provided ‘as is.’ There are no warranties, express or implied.
- Title and ownership, and all rights now and in the future, of and for the content remain exclusively with Content Owner.
- Neither Content Owner, payment processing service, nor hosting service will be liable for any third party claims or incidental, consequential, or other damages arising out of this license or use of the content.
- This license shall automatically terminate if User violates any of these restrictions and may be terminated by Owner at any time.
- Upon termination of this license User must destroy any downloaded materials whether in electronic or printed format.
5. Copyright Infringement and DMCA Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that content or services located on or associated with our Website violate your copyright, please notify us in accordance with the standard Digital Millennium Copyright Act (”DMCA”) Policy. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Owner, Website, or others, Owner may terminate or deny access to and use of the Website. In the case of such termination, Owner will have no obligation to provide a refund of any amounts previously paid to Owner.
Website is provided “as is.” Owner, suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Owner, Website, nor its suppliers and licensors, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Owner does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of content on the Website or any linked sites. You recognize that your ultimate success or failure will be the result of your own efforts, particular situation, and innumerable other circumstances beyond the control and/or knowledge of Owner. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of Owner or otherwise – applying the principles set out on Website are no guarantee that you or any other person will be able to obtain similar results.
In no event shall Owner, Website or its suppliers or licensors be liable for any damages arising out of the use or inability to use the materials on the Website, nor will they be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Owner under this agreement during the twelve (12) month period prior to the cause of action. Owner shall have no liability for any failure or delay due to matters beyond reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Owner may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. General Representation and Warranty
You agree to indemnify and hold harmless Owner, Website, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
12. Severability and Governing Law
This Agreement constitutes the entire agreement between Owner and User concerning the subject matter hereof. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Delaware, U.S.A., excluding its conflict of law provisions. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.