Dated: January 15, 2014
2. Notices of Restrictions on Your Use
The Web Site and all data and information and/or content that you see, hear or otherwise experience on or through the Web Site (the “Content”) belongs to Publish This, its partners, affiliates, contributors or third parties and may be protected by U.S. and international copyright, trademark, intellectual property and other laws. Third party content is intended to be used on this Web Site in a legally-permissible manner; you may need third party licenses or permissions to use such content for other uses.
a. Restrictions on Use
You may use the Web Site and the Content solely for your personal, non-commercial use. You may download, print and store selected portions of the Content, provided that you:
i. only use these copies of the Content for your own personal, non-commercial use; ii. do not copy or post the Content (including source code) on any network computer or transmit, distribute, publish or broadcast the Content in any media, including without limitation, a Web site; and iii. do not modify or alter the Content (including source code) in any way, or delete or change any copyright, trademark or other legal notice.
No right, title or interest in any copied or downloaded Content is transferred to you as a result of any such copying or downloading, or as a result of your access to or use of any part of the Website. As between you and PublishThis, Publish This reserves complete title and full intellectual property rights in any Content you copy or download from this Web site.
b. Distributable Content
3. Disclaimer of Warranties
YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE WEB SITE,INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON. PublishThisMAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TOTHE WEB SITE. PublishThis EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OROTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEB SITE OR ANY INFORMATION ORCONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). PublishThis SHALL NOT BE LIABLE FOR ANYLOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEB SITE OR ANY INFORMATIONOR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TOEVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THEWEB SITE. PublishThis DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE WILL BEUNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. PublishThis DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BYTHE WEB SITE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE WEB SITE, AND THEINFORMATION OR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
a. Specific Disclaimer For Downloading of Files
Publish This cannot and does not guarantee or warrant that files available for downloading through the Web Site will be free of infection by viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. The entire risk as to the quality and performance of the Web Site, the accuracy of any information or content provided through the Web Site, or quality of any file used in conjunction with the Web Site is solely and exclusively with you, the user.
b. Specific Disclaimer for International Use
Publish This makes no representation that information content provided on the Web Site is applicable or appropriate for use in locations outside the United States. Portions or versions of the Web Site that have been translated into any language other than English are provided for the convenience of the user only. Publish This makes no representation or warranty that the translations are complete and accurate and PublishThis, by providing some content in a language other than English, undertakes no obligation to provide translations of all or any portion of the Web Site in any language except as determined by PublishThis. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
4. Limitation of Liability
a. ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION,AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, OR THE INFORMATION OR CONTENTPROVIDED THEREIN;
b. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, AND/ORINFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEB SITE;
c. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
d. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR
e. ANY OTHER MATTER RELATING TO THE WEB SITE, EVEN IF PublishThis HAS BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES.
You understand and agree that you are personally responsible for your behavior on the Web Site and for your use of the Content. You agree to indemnify, defend and hold harmless PublishThis, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Web Site from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use of the Web Site or your use of the Content, any violation by you of this Agreement or any applicable law, or any activity related to your user account (including negligent or wrongful conduct) by you or any other person accessing the Web Site through your user account.
7. User Conduct
a. any User Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of privacy or publicity of any party;
b. any libelous, defamatory, obscene, threatening, advertising, harassing, fraudulent, misleading, false, pornographic, abusive, or otherwise illegal or objectionable User Material;
c. any User Material that you do not have the right to transmit under law or under contractual or fiduciary relationships;
d. any User 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; or
e. any User Material that harms minors in any way.
You further agree not to (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Web Site, or obtaining lists of users or other information from or through the Web Site, including, without limitation, any information residing on any server or database connected with the Web Site; (ii) attempt (or encourage or support anyone else?s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Web Site, or any content thereof, or make unauthorized use thereof; or (iii) impersonate any other person or entity, whether actual or fictitious, including anyone from the Web Site or Publish This.
8. SUBMITTED MATERIALS
By using the Web Site, you understand and agree that PublishThis is not responsible for the truth, completeness, objectivity or usefulness of any third-party materials appearing on or available through the Web Site (“Third Party Materials”), nor does PublishThis endorse any Third Party Materials. By viewing Third Party Materials, you assume the risk of believing or disbelieving or relying on any content contained therein. Although PublishThis has the right to do so, PublishThis generally does not, and assumes no obligation or duty to, screen, monitor, edit or review any Third Party Materials. You also acknowledge that portions of the Web Site may contain unedited materials, some of which may be sexually explicit or offensive to you. You access such materials at your own risk. PublishThis has no control over and accepts no responsibility whatsoever for such Third Party Materials.
9. General Provisions
a. Entire Agreement
b. Correction of Errors and Inaccuracies
The information in the Web Site may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. No Endorsements of Links
Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by PublishThis of the third party, any third-party Web site, or the information contained therein. You acknowledge and agree that PublishThis is not responsible for the availability of any such Web sites and that PublishThis does not endorse or warrant, and is not responsible or liable for any such Web site, or the content on such Web site, or the services offered by such Web site. Under no circumstances will Publish This be responsible for any loss or damage resulting from your use of any such Web site or the services offered by such Web site or any content posted on such Web site or transmitted from such Web site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other Web site.
f. Claims of Copyright Infringement
In the event that you claim to be the copyright owner of any Content, you agree to immediately notify PublishThis of any claimed copyright infringement. You further agree to provide PublishThis’s copyright agent the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, Title 17, U.S.C. § 512:
i. your physical or electronic signature or that of a person authorized to act on behalf of you, the purported owner of an exclusive right that is allegedly infringed;
ii. identification of the copyright or work claimed to have been infringed, or a multiple copyrighted work at a single online site or covered by a single notification, or a representative list of such works at that site;
iii. identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the Content;
iv. information reasonably sufficient to permit us to contact you, the complaining party, or the person authorized to act on your behalf, including your address, telephone number, and email address;
v. a statement that you, the complaining party, have a good faith belief that the use of the Content in the manner complained of is not authorized by you the copyright owner, your agent, or the law; and
vi. a statement, made under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of you, the owner of an exclusive right that is allegedly infringed. PublishThis’s Copyright Agent for notice of claims of copyright infringement on or relating to this Web Site can be reached either by:
· sending an e-mail request to copyright or
· sending other correspondence to:
15303 Ventura Blvd – #1060
Sherman Oaks, CA 91403
h. General Contact Information
· sending an e-mail request to support or
· sending a letter via the U.S. Mail to:
15303 Ventura Blvd – #1060
Sherman Oaks, CA 91403