Last revised: 1/15/2011
MEMBER ACCOUNTS: In order to use certain features of the Website, you will have to create an account (“Member Account”). You may never use another’s Member Account without permission. We provide the Website solely as an Internet Service Provider, as such term is defined by various laws, including the Digital Millennium Copyright Act of 1998 (“DMCA”) and the Communications Decency Act (“CDA”). As such, we provide a forum in which you and other third parties (each a “Poster”) may express certain opinions and make certain statements. This includes any writer of any article or blog posting. All opinions and statements are made solely by the applicable Poster and do not constitute the opinion of Internet Architects, Inc. We do not endorse, approve, sponsor, or even necessarily agree with, any opinion or statement made by any Poster. BY USING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY POSTING OR FOR MONITORING THE WEBSITE FOR INAPPROPRIATE OR UNLAWFUL CONTENT. NOTWITHSTANDING THE FOREGOING, WE RESERVE THE RIGHT, BUT NOT THE OBLIGATION, TO BLOCK OR REMOVE ANY POSTINGS OR PROHIBIT YOUR ACCESS TO OUR WEBSITE AT ANY TIME IN OUR SOLE DISCRETION.
PROTECTING YOUR CHILDREN’S PRIVACY: The Website is not designed for or directed to children under the age of 13 and we ask that children under the age of 13 not submit any personally identifiable information.
INTELLECTUAL PROPERTY OWNERSHIP: Unless otherwise noted, all text, content and documents on the Website, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Content”) are owned by us and our affiliates or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between us and you, all right, title and interest in and to the Content will at all times remain with us and/or its Owners. With respect to any logos or marks of any persons, entities and/or companies commented upon or submitted by any users of the Website, such use is at the sole responsibility of the providing user and is stored on our servers and/or system solely at the direction of such user, and subject to the protections afforded to us as an online service provider under Section 512(c) and/or 512(d) of the DMCA and Section 230 of the CDA. Please see the Digital Millennium Copyright Act section below for more details on our policies and procedures regarding any issues in relation thereto.
GRANT OF LICENSE: In submitting a Posting to the Website you hereby grant to us, and our successorâs and assigns, a worldwide, exclusive, royalty-free, sublicenseable, perpetual and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Posting in connection with the purpose, functionality, and operation of the Website in the ordinary course of business, including the promotion, marketing or redistribution of part or all of the Website (and derivative works thereof) in any media formats and through any media channels for any purpose whatsoever. For the avoidance of doubt, you hereby acknowledge that we may make a commercial use, display, distribution, reproduction, or performance any Posting and that such use may be commercial in nature and, as a result, cause your Posting to be associated with a particular advertiser. Accordingly, you hereby waive any objection to, such use, distribution, reproduction, display or performance of your Posting, and any claim for compensation whatsoever in connection therewith. Such waiver shall include any claim for infringement of any so-called “Moral Right,” “Droit Moral” or similar right or interest. For the further avoidance of doubt, subject to the foregoing licenses granted herein, as between us and you, you retain all ownership rights in your Posting, provided, however, that any licenses granted hereunder shall be perpetual and nothing shall restrict or prevent our unrestricted, continued use, reproduction, performance, display or distribution of a Posting, or any derivative work thereof, once such license has been by you to us.
DIGITAL MILLENNIUM COPYRIGHT ACT: We are committed to respecting and protecting the legal rights of copyright owners. As such, we adhere to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. Â§ 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to our designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Our Copyright Agent to receive DMCA Takedown Notices is: [email protected]. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for us to be authorized to takedown any Content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
POSTING GUIDELINES: The Website allows you to post comments and blogs, provide information, feedback, responses and comments, and otherwise interact with other users (each a “Posting”). In connection with such services, you agree to abide by any rules that we publish in connection therewith. Without limiting the generality of the foregoing, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish any of the following (“Prohibited Submissions”):
- Any Posting that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Any Posting that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
- Any Posting that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Any Posting that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, spyware, trojans, corrupted data or any other harmful, disruptive or destructive files;
- Any Posting that is unrelated to the topic in which such Posting is posted; or
- Any Posting that in our sole judgment is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose us or our affiliates or its users to any harm or liability of any type.
RESPONSIBILITY FOR REVIEW: If you direct us to store a Posting on our networks, systems or servers and/or otherwise make a Posting available via the Website, you shall, and hereby do, agree and acknowledge that (a) except as set forth herein, We do not edit, review, select, censor or otherwise control the publication of any Posting, (b) all Postings are published by you and reside on our systems, networks, or servers at your sole direction, (c) you shall be solely responsible for any Postings uploaded, stored, published, or otherwise copied, distributed or displayed at your direction, and (d) we do not guarantee any confidentiality with respect to any Postings that you choose to upload and store on our networks, systems or servers and publish or otherwise copy, distribute, perform or otherwise display using the Website. Further, although we reserve the right to review any Posting at any time, you acknowledge that we under no obligation to do so. Notwithstanding the foregoing, and in compliance with Section 512(c) of the DMCA and Section 230 of the CDA, we reserve the right, in its sole discretion, to refuse, remove or delete any Posting at any time and for any reason.
DISCLAIMERS: Without limiting the foregoing, the Content and all other features on the Website are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Website and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then we hereby grant the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from us, our employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, WE do not make any warranties that the Website will be uninterrupted, secure or error free or that your use of the Website will meet your expectations, or that the Website, Content, or any portion thereof, is correct, accurate, or reliable. we reserve the right to change any part of the Website at anytime without notice.
NO FRAMING; LINKS; THIRD PARTY SITES: Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from We.