(Last Updated: 3 January 2010)
Description of Service
We provide Users of the Site with unlimited access to certain specialized content and services related to personal development, consulting, political commentary, photography, graphic design, professional writing and other similar content (such content and services, collectively, the “Services”). All Services made available through the Site that were not made available as of the “LAST UPDATED” date above, shall automatically be deemed to be part of the Services when they are first made available through the Site.
Disclaimer of Warranties
To the fullest extent permitted by applicable law, the Site makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site and Services in terms of its correctness, accuracy, reliability, or otherwise.
Limitation of Liability
The Site SHALL NOT be liable for any damages whatsoever, and in particular the Site shall not be liable for any special, indirect, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, consequential, or incidental damages, or damages for lost profits, loss of data, loss of revenue, or loss of use, arising out of or related to this Site and Services or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if the Site has been advised of the possibility of such damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
User agrees to indemnify and hold the Site, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Site and Services, the violation of this Agreement, or infringement by User, or other User of the Service using User’s computer, of any intellectual property or any other right of any person or entity.
Copyright and Trademark Information
All content included or available on this Site, including design, text, graphics, interfaces, and the selection and arrangements thereof © Richard Dedor. All Rights Reserved. All content on the Site, unless otherwise noted is protected by intellectual property rights. Any use of materials and Services on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited. All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the web sites of third-parties is not intended to imply, directly or indirectly, that those parties endorse or have any affiliation with our Site.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site any materials that violate another party’s intellectual property rights. When we receive proper notification of alleged copyright infringement via our contact form, we promptly remove or disable access to the allegedly infringing material. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent.
User Content Submitted and Posted on the Site and in person
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting or submitting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company, and without compensation, an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time by contacting us through our online form. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Richard Dedor, does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
Proprietary Rights in Site Content; Limited License
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not the Site or Company, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site and its Services. Richard Dedor, does not control the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site and its Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Site be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to: In addition, you agree not to use the Service or the Site to:
-harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
-upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
-harm minors in any way;
-impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
-forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site or its Services;
-upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
-upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
-upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
-upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
-interfere with or disrupt the Site or its Services or servers or networks connected to the Site or its Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
-upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type;
-provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
– “stalk” or otherwise harass another;
-solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; and/or
-collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above.
The Company may terminate your membership, delete any User Content or information that you have posted on the Site for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 13. When we are notified that a User has died, we will generally, but are not obligated to, keep the User’s Content active on the Site.
When registering with the Site and its Services, each user must:
1. Provide true, accurate, current and complete information on the Service’s registration form (collectively, the “Registration Data”) and
2. Maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any Registration Data is untrue, inaccurate, not current or incomplete, we may suspend or terminate that User’s account and prohibit any and all current or future use of the Site and its Services (or any portion thereof) by that User other than as expressly provided herein.
Governing Law; Venue and Jurisdiction
The Company is not responsible or liable in any manner for any User Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by Richard Dedor, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what User Content, or what Users transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User Content, Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.