Last updated: May 5th, 2015
YOUR USE OF THIS WEB SITE AND THE CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
3. Limitations on Use; Third Party Communications.
3.2. Third Party Communications. Company disclaims all liability for any Third Party Communications, as defined below, that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Web Site or Content.
4. Intellectual Property Rights.
4.2 This Web Site may contain interactive areas which include, without limitation, blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features (the “Interactive Areas”). You grant to Company an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expressions of ideas, text, graphics, messages, blogs, links, data, information and other materials you submit (collectively, “Postings”) to this Web Site. Said license is without restrictions of any kind and without any payment, permission or notification due from Company to you or any third party. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, media or technology now known or hereafter developed.
4.4. You acknowledge and agree that your submission of Postings to this Web Site does not create any new or alter any existing relationship between you and Company.
4.5. By submitting Postings to this Web Site, you acknowledge and agree that Company may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You acknowledge and agree that Company has no duty not to develop a book, program, website, story, or any other content based on a similar idea, concept or story to your Posting, and that your submission of a Posting shall in no way limit any rights Company has to develop or utilize ideas, concepts and proposals that may be similar or identical to the ideas set forth in your Posting, or any rights Company has as a member of the general public. Company does not regard your ideas or submissions as unique, novel, usable or valuable. You agree that you shall have no recourse against Company for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the Postings you provide to Company.
5. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement. Company has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Company reserves the right to remove any Content and/or Posting that allegedly infringes another person’s copyright. Company will terminate, in appropriate circumstances, Company Members who are repeat infringers of another person’s copyright. Notices to Company regarding any alleged copyright infringement should be directed to Company via email at: email@example.com.
7. No Solicitation. You shall not distribute on or through this Web Site any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of Company.
8. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. Company will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors or any other third parties.
9. Registration. Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Company of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise. Company does not permit a) anyone other than you to use or access the Content or sections of the Web Site requiring registration by using your name or password; or b) access through a single name that is made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Company immediately by emailing firstname.lastname@example.org.
10. Postings in Interactive Areas of this Web Site.
10.1. Postings to be Lawful. If you participate in Interactive Areas on this Web Site, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, offensive, discriminatory, threatening, harassing, invasive of privacy or publicity rights, inclusive of hate speech, inclusive of private or personal information which could identify a third party user, or which would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law. Company may delete your Postings at any time for any reason or no reason without permission from you.
10.2. User Names. Do not use and/or share any personally identifying information, including your real name, when using the Web Site. You may also select and use an appropriate screen name that is not your real name in connection with Postings and your participation in the Interactive Areas, provided that such screen name must not be offensive, defamatory or misleading or infringe upon the rights of any party (including, without limitation, trademark).. You shall not misrepresent your identity or your affiliation with any person or entity.
10.3. Postings shall not contain protected health information. You are strictly prohibited from submitting Postings that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH). You are also strictly prohibited from providing Company with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) regarding yourself or any third party and, should Company discover that you have done so, Company will remove it immediately and reserves the right to ban you from the Web Site. None of the foregoing shall obligate Company to actively screen the information that you provide.
10.4. No Monitoring of Postings. Company has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. Company however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.
10.5. Non-Commercial Use Only of Interactive Areas. Interactive Areas are provided solely for your personal use. Any unauthorized use and/or any other use whatsoever of the Interactive Areas of this Web Site, its Content, or Postings is expressly prohibited.
10.6 California Residents. Registered users of this Web Site who are California residents and are under 18 years of age may request and obtain removal of Postings on this Web Site that they themselves post by emailing us at email@example.com. All requests must be labeled “California Removal Request” on the email subject line. All requests must provide a description of the content or information in your Posting that you want removed and information reasonably sufficient to permit us to locate the material and, so that we can process your request and contact you if we have questions, include your registered username and the name and URL (if applicable) of the website, application or other interactive service. We shall not accept requests via postal mail, telephone or facsimile. We are not responsible for notices that are not labeled or sent properly, or may not be able to respond if you do not provide complete information.
11. Errors and Corrections. Company does not represent or warrant that this Web Site or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Company does not warrant or represent that the Content or Postings available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. Company may make improvements and/or changes to its features, functionality, Content or Postings at any time.
12. Third Party Content. Third party content (including, without limitation, Postings) may appear on this Web Site or may be accessible via links from this Web Site. Company shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Company. Further, information and opinions provided by employees and agents of Company in Interactive Areas are not necessarily endorsed by Company and do not necessarily represent the beliefs and opinions of Company.
13. Assumption of Risk. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Web Site and your participation in any of the Interactive Areas. Any unauthorized or prohibited use of the Web Site and/or any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.
14. DISCLAIMER. THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.
15. LIMITATION OF LIABILITY. COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE INTERACTIVE AREAS, OR ANY THIRD PARTY COMMUNICATIONS. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, COMPANY’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE FEE PAID BY YOU, IF ANY, TO ACCESS THE WEB SITE.
17. Third Party Rights. The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability) and 16 (Indemnification) are for the benefit of Company and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.