1. Site Registration & Eligibility. For you to comment on any posts published on the Website, or otherwise subscribe to an email feed of recent posts and/or associated comments to such posts on the Website, you are required to register your username and email address (the “Registration Information”). You agree to provide true, accurate, current and complete Registration Information. Failure to maintain and promptly update such Registration Information to keep it true, accurate, current and complete will result in an inability to receive email updates of posts and may impact your ability to interact with the Website. By using the Website, you certify that you are at least 18 years of age.
2. Content. The Website contains information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, “Content”) of the author (“Website Content”) and Users (“User Content” as defined below). Website Content is protected by copyright and other laws, and as between you and this Website, the author owns and retains all rights in the Website Content. The author hereby grants you a limited license under the applicable Creative Commons license set forth on the homepage of this Site to access, display and, if you so choose, share via social networking tools available through the Website (“Social Tools”) the Website Content (excluding any software code) solely for your personal, non-commercial use in connection with interacting with the Site (the “License”). You are welcome to exercise the rights available under the License, but only to the extent permitted by the License or as otherwise obtained through written permission from the author. Should you wish to use the Website Content for commercial purposes, please contact the administrator of the Website at email@example.com. You may not otherwise copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Website Content or User Content appearing on or through the Website. To the extent you may have any question on use of any Website Content or User Content, feel free to contact the administrator of this Website at firstname.lastname@example.org
User Content. Some of the features of this Site may allow Users to view, post, publish, share, store, or manage (a) opinions, comments, or recommendations (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site, you represent and warrant to us that (i) you have all necessary rights to distribute User Content via this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party. By posting or publishing User Content to this Site, you hereby grant us a perpetual, non-exclusive, fully-paid, royalty-free, fully sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Website or in connection with any distribution or syndication thereof using Social Tools, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes.
3. Use of the Website. The Website is designed to be informative, engaging and entertaining, but within the boundaries of common decency and professionalism. You agree that you shall not to use the Website to:
- Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another’s privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
- Infringe on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Impersonate another User or any other person or entity, or submit Content on behalf of another User or any other person or entity, without their express prior written consent;
- Harass or harm another person;
- Interfere with the operation of this Site or any User interacting with the Site, including but not limited to Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files, scripts or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network, or otherwise interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website or its hosting provider;
- Use technology or any automated system such as scripts or bots in order to collect usernames, passwords, email addresses or other data from the Website, or to circumvent or modify any security technology or software that is part of the Website, or to otherwise solicit, collect or request any personal information for commercial or unlawful purposes;
- Collect or harvest (or permit anyone else to collect or harvest) any Content in violation of the License, or any non-public, personally identifiable information about another User or any other person or entity without their express prior written consent;
- Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Website;
- Use the Website in a manner inconsistent with any and all Applicable Law; or
- Attempt, facilitate or encourage others to do any of the foregoing.
We reserve the right, but disclaim any obligation or responsibility, to remove Content that violates this Agreement, or take any other action deemed appropriate against any person or entity that violates this Agreement, as determined by the editor of this Website in his sole discretion. You acknowledge, consent and agree that we may access, preserve or disclose information you provide to the Site, including Content, when we have a good faith belief that such access, preservation or disclosure is necessary in order to protect or defend our legal rights; (ii) protect the safety and security of Users of the Website or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.
4. Posting of Comments. You acknowledge that your User Content, including but not limited to your User Submissions, are public, and we cannot guarantee the security of any information you disclose on the Website. All such disclosures you make are at your own risk. We are not responsible for the content or accuracy of any information posted on the Website, and shall not be responsible for any decisions made based on such information. We reserve the right, but disclaim any obligation or responsibility, to prevent you from posting User Content to the Website and to restrict or remove your User Content from the Website for any reason at any time.
5. Notice for Claims of Intellectual Property and Other Violations. Any copyright owner or an agent thereof (“Claimant”) that believes that any material uploaded by a user infringes upon such owner’s copyrights, such Claimant may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to our designated copyright agent (see 17 U.S.C 512(c)(3) for further detail). Such notification must include:
- Claimant’s contact information, including your address, telephone number and email address
- A detailed description of the copyrighted work or other intellectual property that Claimant asserts have been infringed or misappropriated
- The following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- The certification: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Claimant’s signature
Pursuant to 17 U.S.C. §512(c), notice is hereby given that the person identified below is designated as the agent for receiving complaints concerning this website, including for purposes of receiving notification of any claims of intellectual property infringement:
Attn: DMCA Agent, LegalIntangibles.com
c/o Thomas A. Kulik, Esq.
Scheef & Stone, L.L.P.
500 N. Akard, Suite 2700
Dallas, TX 75201
Via Email:Please use our contact form.
To the extent any third party believes that a User has uploaded Content in violation of such third party’s rights (“Third Party Rights Holder”), such Third Party Rights Holder will follow the same process set forth above to notify the DMCA Agent for LegalIntangibles.com (each a “Third Party Rights Claim”); provided, however, that the detailed description of the alleged violation shall list sufficient detail of the offending Content so as to permit us to inform the allegedly offending User of such Third Party Rights Claim and request proof from such User that such Content does not violate such third party rights. If you are contacted by us regarding any such Third Party Rights Claim and fail to (i) respond to our request for further information within the time stated in our request, and/or (ii) provide proof of no violation as determined by us in our sole and absolute discretion, such failure shall be deemed a violation of these Terms and will result in immediate termination of your access to the Website.
6. Disclaimer. We are not responsible for the content or accuracy of any information posted on the Website, and shall not be responsible for any decisions made based on such information. WE DO NOT ENDORSE ANY USER CONTENT OR GUEST-AUTHOR WEBSITE CONTENT OR UPLOADED MATERIAL IN ANY RECORDS, OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH SUCH CONTENT. FOR FURTHER INFORMATION, SEE OUR DISCLAIMER HERE.
8. Modifications to Website; Discontinuance. We reserve the right to change or discontinue the Website at any time, with or without notice. We shall be in no way liable for any consequence to anyone or anything which results from our decisions regarding continuing, changing, or discontinuing any features of the Website. In the event of discontinuation of the Website, such decision shall be posted on the Website and, if you have subscribed to email updates of posts or any RSS/Atom feed of posts, you may be notified by email.
10. Limitations. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions may not permit us to exclude certain liabilities for you because of your legal jurisdiction, in which case such limitations do not apply to you.
11. Compliance with Laws. When using the Website and/or the Website, you agree to follow Applicable Laws regarding the transmitting, storage, handling and disclosure of data, and not to use the Website in violation of these Terms.
14. Governing Law. You agree that the Term and the relationship between the parties shall be governed by the laws of the State of Texas without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship of the parties shall be brought exclusively in the courts located in Collin County, Texas or the U.S. District Court for the Northern District of Texas. You agree to submit to the personal jurisdiction of the courts located within Collin County, Texas or the Northern District of Texas, and waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
15. Entire Agreement. These Terms constitutes the entire agreement between you and us and govern your use of the Website, superseding any prior version of these Terms between you and us with respect to the Website.
Effective Date: July 30, 2010