Welcome to ___________________________________ (Name of Site) (the Site). ______________________________________ (Name of Site) is an informational Site owned and operated by _______________________________ (Name of Owner) of ________ _________________________________________________________________________________________________________________ (street address, city, state, zip code).
1. Remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Site or Site Content;
2. Circumvent, disable or otherwise interfere with security-related features of the Site including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the, use of the Site or Site Content;
3. Use an automatic device (such as a robot or spider) or manual process to copy or scrape the Site or Site Content for any purpose without the express written permission of _________________________ (Name of Owner). Notwithstanding the foregoing, ________________________ (Name of Owner), d/b/a ____________________________________________ (Name of Site) grants public search engine operators permission to use automatic devices (such as robots or spiders) to copy Site Content from the Site for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Site Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
4. Collect or harvest any personally identifiable information from the Site including, without limitation, user names, passwords, email addresses;
5. Solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
6. Attempt to or interfere with the proper working of the Site or impair, overburden, or disable the same;
7. Decompile, reverse engineer, or disassemble any portion of any the Site;
8. Use network-monitoring software to determine architecture of or extract usage data from the Site;
9. Encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Membership without permission, etc.);
10. Violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
11. Engage in any conduct that restricts or inhibits any other user from using or enjoying the Site.
III. LINKING TO SITE
IV. USER REGISTRATION A. In order to access or use some features of the Site, you will have to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information to this Site.
B. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (a Membership), which may permit you access to certain areas of the Site not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your Membership. You are solely responsible for the activity that occurs under your Membership, whether or not you have authorized the activity. You agree to notify us immediately at ___________________________ (E-Mail Address) of any breach of security or unauthorized use of your Membership.
V. USER CONTENT
A. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Site (collectively, submit) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (User Content). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Site. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
B. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
C. You represent, warrant, and covenant that you will not submit any User Content that:
1. Violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary or other third party right of any person or entity;
2. Impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
3. Encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
4. Is an advertisement for goods or services or a solicitation of funds;
5. Includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
6. Contains a formula, instruction, or advice that could cause harm or injury;
7. Is a chain letter of any kind; or
8. The licensed use by us hereunder would result in us having any obligation or liability to any party.
Any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted.
E. By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content.
F. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the Sites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
G. We have the right, but not the obligation, to monitor User Content. Please exercise caution and common sense when viewing User Content. We have no obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of User Content. We may discontinue operation of the Site, or your use of the Site, in either case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content on the Site and we have no obligation to return your User Content or otherwise make it available to you.
H. The rights granted by you hereunder may not be terminated, revoked or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to ________________________ (Name of Owner), d/b/a _________________________________ (Name of Site), __________________________________________________________________________________________________(street address, city, county, state, zip code), and_____________________________ (E-Mail Address).
VI. SITE CONTENT & THIRD PARTY LINKS
A. We provide the Site including, without limitation Site Content for entertainment, educational and promotional purposes only. You may not rely on any information and opinions expressed on any of our Site for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Site Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Site Content.
B. In some instances, Site Content will include content posted by a third- party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Site by anyone other than authorized employees or spokespersons while acting in their official capacities.
C. The Site may contain links to other Sites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party Sites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party Sites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their Site.
VIII. DISCLAIMERS YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. _________________________________ (Name of Owner) DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SITE OR SITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SITE OR ACCESSED THROUGH THE SITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; (6) WARRANTIES THAT YOUR USE OF THE SITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
IX. LIMITATION ON LIABILITY
B. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF _______________________ (Name of Owner), AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES EXCEED THE GREATER OF THE TOTAL PAYMENTS RECEIVED FROM YOU BY __________________________ (Name of Owner) DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR $100.
C. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
B. If you become a registered user, you may terminate your Membership at any time by sending an e-mail to _____________________________ (E-Mail Address of Owner).
A. The website owner collects limited information about visitors, including the domain name, access date and time, and the referring website address.
B. Personal information sent via email will only be used to respond to the message.
C. For site security and availability, the website owner monitors network traffic and collects non-personally-identifying information for statistical purposes.
D. California residents have the right to request a list of third parties to whom their personal information has been disclosed for direct marketing purposes.
E. The Site may use third-party ad networks to serve advertisements and traffic measurement services to analyze traffic on the Site.
G. Reasonable security measures are in place to protect against loss, misuse, and alteration of information, but security cannot be guaranteed.
H. The website owner is not responsible for the privacy practices of third-party websites linked to or from the Site.
I. Contact information is provided for questions, comments, corrections, or opting out of commercial correspondence, sharing personal information, or withdrawing consent.
A. When accessing our Site, ____________________________ (Name of Owner) will learn certain information about you during your visit. How we will handle information we learn about you depends upon what you do when visiting our site. If you visit our site to read or download information on our pages, we collect and store only the following information about you:
1. The name of the domain from which you access the Internet;
2. The date and time you access our site; and
3. The Internet address of the Web site you used to link directly to our site.
B. If you identify yourself by sending us an e-mail containing personal information, then the information collected will be solely used to respond to your message. The information collected is for statistical purposes. __________________________ (Name of Owner) uses software programs to create summary statistics, which are used for such purposes as assessing the number of visitors to the different sections of our site, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas.
C. For site security purposes and to ensure that this service remains available to all users, _____________________________ (Name of Owner) uses software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. ____________________________ (Name of Owner) will not obtain personally-identifying information about you when you visit our site, unless you choose to provide such information to us, nor will such information be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection.
D. California Privacy Rights Residents of the State of California, under certain provisions of the California Civil Code, have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed certain personally identifiable information as defined under California law during the preceding year for third party direct marketing purposes. You are limited to one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request the information in writing at: __________________________ (Name of Owner), d/b/a ________________________ (Name of Site), _____________________________________________________ ______________________________________ (street address, city, state, zip code), and _____________________________ (E-Mail Address).
G. Keeping Your Information Secure We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse and alteration of the information under our control. Please be advised, however, that while we strive to protect your personally identifiable information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and are not responsible for the theft, destruction, or inadvertent disclosure of your personally identifiable information. In the unfortunate event that your “personally identifiable information” (as the term or similar terms are defined by any applicable law requiring notice upon a security breach) is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
H. Other Sites; Links Our Site may link to or contain links to other third party Sites that we do not control or maintain, such as in connection with purchasing products referenced on our Site and banner advertisements. We are not responsible for the privacy practices employed by any third party Site. We encourage you to note when you leave our Site and to read the privacy statements of all third party Sites before submitting any personally identifiable information.