All original [NAMELESS] online and print content is copyright ©2010 and beyond by the digest, as well as the content creators. Content creators always own the copyright to their works, and these rights revert back to the original creators after publication in print or online.
Content distributed from other sites via RSS or Social Media sites such as Digg, Facebook, Twitter, and others are copyright protected by their original creators, and are presented on the [NAMELESS] website for entertainment and educational value only, and are not implied or stated to be original [NAMELESS] content. The original creators, sources, and links to the full content will be provided by [NAMELESS] whenever possible.
Read these Terms and Conditions carefully. They are a legal contract governing your use of the website, its contributors, owners, subsidiaries, and affiliates. By navigating and engaging with the [NAMELESS] website or its Social Media affiliates (Facebook pages, Twitter, etc), you agree to all the following Terms and Conditions as set forth in this notification, whether you acknowledge reading this notice or not:
Grant of Limited License
You may access and view the content on the website on your computer or other device and–unless otherwise permitted in these Terms and Conditions, or on the website itself via notice, electronic, or physical allowance–are prohibited from making copies or prints of the content on the website, even for your personal, internal use only. Unless otherwise specifically indicated in these Terms and Conditions or on the website, use of the website and the services offered on or through the website are only for your personal, non-commercial use, and sharing is prohibited in any format (physical, multimedia, or electronic) unless explicitly permitted by use of “sharing tools” offered by the website. Other methods of sharing content are restricted on copyright infringement grounds. Content may only be shared with full context, and it is prohibited to distribute parts, alterations, sections, or edits (including memes, or digitally-manipulated images/data of screen captures/screen shots or images) of the content without express written permission from the website owners.
Unless otherwise specifically indicated in these Terms and Conditions or on the website, any commercial or promotional distribution, publishing or exploitation of the website, or any content, code, data or materials on the website, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein or on the website, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the website. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or re-purpose, any of the content, code, data, or other materials on or available through the website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading or otherwise using any copyrighted material from or through the website. If you make other use of the website, or the content, data or materials thereon or available through the website, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
Trademarks and Logos
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the website or on content available through the website are our registered and unregistered Trademarks and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the website or on or through the website’s services, if any, are the property of their respective owners. Your misuse of the Trademarks displayed on the website or on or through any of the website’s services is strictly prohibited.
Prohibited User Conduct
You warrant and agree that, while using the website and the various services, features and functionality offered on or through the website, you shall not: (a) insert your own or a third-party’s advertising, branding or other promotional content into any of the website’s content, materials or services (for example, without limitation, in an Embedded Video, RSS feed, comments on pages or posts, or other means), or, except as otherwise specifically authorized in these Terms and Conditions or on the website use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (b) attempt to gain unauthorized access to other computer systems through the website. You shall not: (a) engage in spidering, “screen scraping,” obtaining and distributing screen captures/screen shots, “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the website or the services offered on or through the website, including without limitation any information residing on any server or database connected to the website or the services offered on or through the website; (b) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (c) use the website or the services made available on or through the website in any manner that could interrupt, damage, disable, overburden, or impair the website or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (d) use the website or the website’s services or features in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (e) use the website or the website’s services in violation of any applicable law. You further agree that you shall not attempt (or encourage or support any attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the website or the website’s services, or any content thereof, or make any unauthorized use thereof.
You agree that you shall not use the website in any manner that could interfere with any other party’s use and enjoyment of the website or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the website.
Right to Monitor/Editorial Control
Although the website may monitor or review postings, transmissions, and so on, it cannot and does not monitor or manage all User Content, and does not guarantee the accuracy, integrity, or quality of User Content. All User Content provided to the website is the sole responsibility of the person who provided it.
Users shall not provide User Content that contains copyrighted or other proprietary material of any kind without the express permission of the owner of that material, or that contains vulgar, profane, abusive, racist language, expressions, epithets, slurs, text, photographs, or illustrations, or that is a provocative attack of a personal, racial, sexual, or religious nature. Anything which discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, self-identity, or disability, or refers to such matters in any manner prohibited by law, will not be tolerated and will be subject to limitation or banning, and possible legal action.
Other restrictions on Users of the website include allegations or content that is defamatory, threatening, disparaging, libelous, false, misleading, fraudulent, erroneous, prejudicial, comprises gross exaggeration or unsubstantiated claims, or violates the privacy rights of any third-party, or is unreasonably damaging or belligerent to any individual or group. As well, anything that may create harm or damage to the website, or the proprietors and output of the owners of this website and its affiliated Social Media components (Twitter, Facebook, other such sites), or which infringes any other individual privacy rights of their partners and collaborators, or rights of publicity, is strictly prohibited.
Private/Sensitive Information on Public Forums
It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on our website and elsewhere on the Internet. Such data is likely to be accessible for a long time and you may have no control over who will eventually read it. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary, or confidential information in your comments to our public forums. Publicly revealing the data of others without their express written permission, or stripped of its context through practices such as “doxing,” screen captures/screen shots, or any other means is expressly prohibited, and subject to legal and criminal investigation and possible prosecution.
Linking to the Website
Unless otherwise specifically indicated in these Terms and Conditions or on the website, you agree that: (a) if you include a link from any other website to the website, such link shall open in a new browser window or tab, and shall link to the full version of an HTML formatted page of this website; (b) you are not permitted to link directly to any image hosted on the website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website; and (c) you agree not to download or use content hosted on this website on another web site, for any purpose, including, without limitation, posting such content on another site without attribution or for commercial use. You agree not to link from any other website to this website in any manner such that the website, or any page of the website, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the website be discontinued, and to revoke your right to link to the website from any other website at any time upon written notice to you.
You agree to defend, indemnify and hold us and our affiliates and our affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the website, your placement or transmission of any message, content, information, software or other materials through the website, or your breach or violation of the law or these Terms and Conditions.
Orders for Products and Services
We may make certain products available to visitors and registrants of the website, or through our online store. If you are using this website and/or order any products from the website or our affiliated Social Media sites (Twitter, Facebook, others) or our online store, you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. In addition, you agree to pay all applicable taxes, federal, state, and local. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand. Certain products that you purchase and/or download on or through the website may be subject to additional Terms and Conditions presented to you at the time of such purchase or download.
Disclaimer of Warranties
The website, including, without limitation, all services, features, content, functions and materials provided through the website, are provided “as is,” “as available,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access, any warranties concerning the availability, playability, displayability, accuracy, precision, correctness, thoroughness, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose, and we hereby disclaim any and all such warranties, express and implied.
We do not warrant that the website or the services, content, functions or materials provided through the website will be timely, secure, uninterrupted or error free, or that defects will be corrected. We make no warranty that the website or the provided services will meet users’ requirements. No advice, results or information, whether oral or written, obtained by you from us or through the website shall create any warranty not expressly made herein. We and our affiliates also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your equipment on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video content, or audio content from the website. If you are dissatisfied with the website, your sole remedy is to discontinue using the website.
We try to ensure that the information posted on the website is correct and up-to-date. We reserve the right to change or make corrections to any of the information provided on the website at any time and without any prior warning. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement on the website, nor for any offensive, defamatory, obscene, indecent, unlawful or infringing posting made thereon by anyone other than our authorized employee spokespersons while acting in their official capacities (including, without limitation, other users of the website). It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the website.
Without limitation of the above in this section, we and our affiliates, suppliers and licensors make no warranties or representations regarding any products or services ordered or provided via the website, and hereby disclaim, and you hereby waive, any and all warranties and representations made in product or services literature, frequently asked questions documents and otherwise on the website or in correspondence with us or our agents. Any products and services ordered or provided via the website are provided by us “as is,” except to the extent, if at all, otherwise set forth in a license or sale agreement separately entered into in writing between you and us or our licensor or supplier.
Limitation of Liability
In no event, including but not limited to negligence, shall we, our affiliates, or any of our directors, officers, employees, agents or content or service providers (collectively, the “protected entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the website or the content, features, materials and functions related thereto, your provision of information via the website, lost business or lost sales, even if such protected entity has been advised of the possibility of such damages.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to certain users. In no event shall the protected entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the website. In no event shall the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms and conditions or your use of the website exceed, in the aggregate, the amount, if any, paid by you to us for your use of the website or purchase of products via the website.
Applicable Laws of the Website and its Output
The website is controlled and operated within the United States. There is no representation that materials or Content available through the website are appropriate or available for use outside the United States. All parties to these Terms and Conditions waive their respective rights to a trial by jury.
Termination of Use
You acknowledge that the website shall have the right (but not the obligation) at their sole discretion, to move, remove, block, edit, or refuse any User or User Content for any reason, including without limitation. Decisions as to whether User Content violates any posting rule set forth herein shall be made by at our sole discretion after we have actual notice of such posting. We may terminate, change, suspend or discontinue any aspect of the website or the website’s services at any time, to include anyone’s access to the website and/or its services if we believe you are in breach of our Terms and Conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the website use privileges of users who are repeat infringers of intellectual property rights.
It is further prohibited to send transmissions pretending to come from someone other than you, or where you are impersonating someone else in order to intercept or monitor, damage, or modify any communication not intended for you personally. Any attempt to use another’s registration account, password, service or system except as expressly permitted by the Terms. Additionally, anyone who antagonizes or targets any individual or entity, even if said behavior is intended as “satire,” whether alone or in a group, or repeats prior posting of the same message under multiple threads or subjects here or on any affiliates of this website (such as Twitter, Facebook, Google+, and so on), shall be banned, and possibly prosecuted legally or charged criminally.
The Terms and Conditions, and the relationship described herein between User and website owner, shall be governed by the laws of the State of Washington, United States of America. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of Washington, County of Clark, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts located within Clark County in the State of Washington. Failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.
You agree that there shall be no third-party beneficiaries to these Terms.
If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
Dispute Resolution Procedures
This Agreement is governed by the laws of the State of Washington.
Disputes. Notwithstanding any other provisions regarding governing law and disputes that may be applicable, any issues or concerns relating to the website or its affiliates shall be resolved exclusively through the procedures set forth below.
Discussions. The parties will first attempt to resolve concerns through informal discussions in writing. If either party has a concern and requests such a discussion, the parties agree to discuss any concerns in good faith and work toward finding a mutually agreeable solution.
Arbitration. In the event the discussions fail, the dispute will be submitted to binding arbitration in accordance with the then applicable Commercial Arbitration Rules of the American Arbitration Association, unless otherwise agreed to by the parties in written correspondence. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Exclusive venue for any arbitration will be Washington State, and selected by the website or its affiliates.
WARNING: Any violation of these Terms and Conditions may be referred to law enforcement.
These policies are subject to change without notice.