ABOUTUS.ORG TERMS AND CONDITIONS OF USE OF THIS SITE
(LAST REVISED: December 05, 2013)
This AboutUs Terms of Site and Use Agreement (the "Agreement") governs your use of the AboutUs web site, accessible via
1. Grant of Limited License by AboutUs to You.
AboutUs offers some user-provided and edited information, as well as computer-generated reports regarding various websites. The proprietary software associated with the Site and computer-generated reports, which shall be deemed to include any enhancements or modifications thereto and any related documentation, are copyrighted works (and subject to other intellectual property laws). Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, AboutUs grants to you a personal, nonexclusive, non-assignable and nontransferable license to use the Site (and the underlying software for the sole purpose of using this Site) from a single computer and to use the Site solely as permitted under this Agreement.
2. Restrictions of Limited License.
Unless AboutUs otherwise notifies you or restricts your use of this Site, you may freely post and edit content, including news, entertainment, and information, to and at this Site. You agree that all such posts and edits shall reasonably relate to the topic of information intended for the pages to which you post or edit content. For example, if you edit the page entitled “AboutUs.org” then you must limit the content you post to information about or related to the AboutUs.org Web site.
Unless you have a separate written agreement with AboutUs authorizing you to do so, you will: (i) not copy or distribute the software or source code behind the Site to any third party; (ii) not reverse engineer, disassemble or decompile any portion of the Site or otherwise attempt to discover or re-create the source code to the Site; (iii) comply with all applicable laws in using or accessing the Site; (iv) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Site (except for the content); and (v) not remove, alter, or obscure any proprietary notices (including copyright notices) of AboutUs or its suppliers in any portion of the Site.
3. Grant of Limited License by You to AboutUs
With respect to any content (including, without limitation, any news, reviews, entertainment, information, or other text or images) you post to this Site (“Your Content”), you agree and hereby grant to AboutUs a perpetual, royalty free and non-exclusive right and license to publish Your Content on the Site or on any other Site or in any other media throughout the universe. AboutUs may reproduce, modify, adapt, distribute and/or publish any of Your Content for any reason, in any media, at any time. For example, AboutUs may utilize Your Content for online or offline advertising which promotes AboutUs or the Site, without any royalty or payment being owed to you. Similarly, AboutUs may license Your Content to third parties, without any royalty or payment being owed to you.
You represent, warrant, and guarantee that you have the full right, ability, and authority to post Your Content to the Site and grant this license to AboutUs.
4. Content Accessible Through the Site.
The Site contains a variety of information, data, messages, directions, computer programs, pictures, audio/visual works and other materials (the "Content") that end users post and or create. Please use caution and common sense when viewing the Site. You understand and agree that any Content posted on the Site is the exclusive responsibility of the person who posted or uploaded it, and that you will be solely responsible for any Content that you upload, post, email or otherwise transmit via the Site. You acknowledge that AboutUs is not responsible for, does not control, does not endorse and does not verify the Content posted to the Site or available through the Site, and that it makes no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will AboutUs be liable in any way to you 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 or otherwise transmitted via the Site.
5. This Site is not Intended for Children.
Persons under the age of eighteen (18) years do not have a license to use this site and should leave immediately. Please note that because end users can post Content through the Site without AboutUs's approval, some Content may be considered inappropriate and harmful to minors.
6. No Pre-Screening or Regular Screening of Content.
You acknowledge that AboutUs does not pre-screen Content, but agree that AboutUs shall have the right (but not the obligation) to access, re-arrange, modify and remove or restrict access to any Content on the Site in its sole discretion and without notice or compensation. Without limiting the foregoing, AboutUs shall have the right to access and remove or restrict access to any Content that violates this Agreement or that AboutUs believes is otherwise objectionable, in its sole discretion.
7. User Conduct.
You agree to not use the Site to:
- (a) violate or solicit the violation of any applicable local, state, national or international law;
- (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights;
- (c) upload, post, email or otherwise transmit any Content that:
- (1) is unlawful, threatening, abusive, tortuous, defamatory, obscene, libelous, or invasive of another's privacy;
- (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and breaking;
- (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork;
- (4) constitutes pornography, or sexual material of an obscene nature or that violates local, state or national laws;
- (5) is the private information of another such as their addresses, phone number, Social Security number or credit card number;
- (6) contains software viruses, Trojan horses 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
- (7) you do not have a right to upload or post due to contractual or other legal obligation.
- (d) impersonate any person or entity, including, but not limited to, an AboutUs official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
- (f) interfere with or disrupt the Site, computer servers or boards accessible through the Site; and
- (g) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the Site through unsolicited electronic mail messages to third parties.
If you use the Site to commit any of the above offenses, AboutUs may, at its sole discretion. terminate your password, account (or any part of it) or ability to use the Site, and remove any Content you posted to the Site. If you violate any laws, AboutUs may report you to applicable authorities. AboutUs will respond to lawful subpoenas.
8. Reservation of Rights.
AboutUs and its suppliers reserve all rights not granted in this Agreement. You agree to use your best efforts to prevent and protect the Site from unauthorized disclosure or use.
9. Your Registration and Account.
(a) Registration Obligations.
In consideration for access to certain portions of the Site, you may be required to provide AboutUs with certain information ("Registration Data"). You agree that the Registration Data you provide: (1) is true, accurate, current and complete, and (2) will be maintained and updated by you to keep it true, accurate, current and complete. AboutUs reserves the right to terminate your use of the Site and refuse to provide you with any and all current or future use of the Site if AboutUs, in its sole discretion, determines that any of your Registration Data is untrue, inaccurate, not current or incomplete.
(b) Account Security.
You will obtain a user name and password upon completing the registration process for the Site. You are responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities, charges and/or liabilities that occur under your user name and password or account number whether or not authorized by you. You will immediately notify AboutUs of any unauthorized use of your user name or any other breach of security. AboutUs cannot, and will not, be liable for any loss or damage arising from your failure to comply with this section.
(c) Information Collection and Privacy.
10. DISCLAIMER OF WARRANTY.
YOU UNDERSTAND AND AGREE THAT THE SITE AND ANY INFORMATION CONTAINED THEREON IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, ABOUTUS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER ABOUTUS NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SITE, OR ANY INFORMATION CONTAINED THEREIN, WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS IN THE SITE OR INFORMATION WILL BE CORRECTED, OR THAT THE SITE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SITE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE SOFTWARE BEHIND THE SITE IS NON-INFRINGING. ABOUTUS AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE ABOUTUS AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH YOUR USE OF THIS SITE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF ABOUTUS OR ITS AFFILIATES.
YOU ACKNOWLEDGE AND AGREE THAT THE SITE, OR CONTENT ACCESSED THROUGH THE USE OF THE SITE, IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, OR CONTENT CONTAINED THEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION
11. LIMITATION OF ABOUTUS'S LIABILITY.
IN NO EVENT SHALL ABOUTUS OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (i) USE OF THE SITE OR CONTENT BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED VIA THE SITE, (ii) ANY USE OR INABILITY TO USE THE SITE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SITE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SITE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.
Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. No notice is required from AboutUsto effectuate such termination. Additionally, AboutUs may terminate this Agreement at any time and for any reason and may effect notice of such termination through any means, including but not limited to posting such notice on the Site or otherwise publicly proclaiming such termination. Upon termination, you must stop using the Site.
13. Your Indemnification of AboutUs.
You agree to hold harmless, defend, and indemnify AboutUs, its officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorneys' fees, that are due to, or that arise from your use or misuse of the Site and/or Site, or for infringement by you of intellectual property rights or other right of any third party. We may assume exclusive control of any defense or any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.
14. Spam and Acceptable Use.
While we encourage you to refer friends, family, colleagues, and others to use the Site, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Site, name, trademarks, or other intellectual property of AboutUs in conjunction with the sending of unsolicited e-mail, or cause to be used AboutUs equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited e-mail messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that the Site's network addresses or AboutUs services are in any way identified as being associated with the sending of unsolicited email. Other prohibited methods of advertising or promoting your involvement with AboutUs include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to AboutUs immediately.
Any comments or materials sent to AboutUs including feedback data, such as questions, comments, suggestions, or the like regarding the Site or any other products or programs of AboutUs (collectively "Feedback"), is non-confidential. AboutUs has no obligation to you of any kind with respect to such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, AboutUs is free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
All written notices to AboutUs shall be delivered to . AboutUs may provide you notices of changes to this Agreement or any other matter by displaying notices to you generally on the Site. AboutUs may change its addresses (e-mail or mailing) by displaying such changes on the Site. All notices not sent by e-mail shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested.
17. Infringers and Digital Millennium Copyright Act.
Due to the open nature of this Site, it is possible users may post content that is infringing. If you become aware of any infringing content, please notify AboutUs. AboutUs responds to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. To file a notice of infringement with AboutUs (an "Infringement Notice"), you must provide a written communication (by fax or regular mail -- not by email, except by prior agreement) that sets forth the items specified below.
To expedite our ability to process an Infringement Notice, please provide the following information:
- (a) Identify in sufficient detail the location of the copyrighted work that you believe has been infringed (e.g., www.AboutUs.org/example_url);
- (b) Identify the material that you claim is infringing the copyrighted work listed in subsection (a) above;
- (c) Provide information reasonably sufficient to permit AboutUs contact you (email address is preferred);
- (d) Provide information, if possible, sufficient to permit AboutUs to notify the owner/administrator of the web page that allegedly contains infringing material (email address is preferred);
- (e) Include the following statement (if you are not the copyright owner): "I have a good faith belief that use of the copyrighted materials described in this Infringement Notice on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law."; and
- (f) Include the following statement (if you are the copyright owner): "I swear, under penalty of perjury, that the information in this Infringement Notice 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."
Sign the Infringement Notice and send the written communication to Derek A. Newman, Newman & Newman, Attorneys at Law LLP, 505 Fifth Avenue South, Suite 610, Seattle, WA 98104, Fax: (206) 274-2801.
This Agreement constitutes the complete and exclusive agreement between you and AboutUs and supersedes any other oral or written communications between the parties regarding the subject matter herein. Any rights not expressly granted herein are reserved.
If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.
This Agreement is governed by the laws of the State of Colorado, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Denver County, Colorado, USA. You hereby consents to the exclusive personal jurisdiction of the courts in Denver, Denver County, Colorado, USA for any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to this Agreement. The exclusive venue for such action shall be the United States District Court in Denver. If such dispute does not fall within the jurisdiction of the United States federal courts, then the exclusive venue for such action shall be the Superior Court of the state of Colorado in Denver, Denver County, Colorado USA. You hereby waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to international laws or treaties, or the laws of the jurisdiction in which you reside, to have a case relating to this Agreement adjudicated or resolved in that jurisdiction.