We’re sorry it’s necessary to have this here, and that it’s so long, and especially that some of it is in ALL CAPITAL letters. Someday, maybe we can all get together on a nice beach somewhere with a nice bonfire and all agree on everything and sing Kumbaya and burn these overly long terms of service agreements. But until then, this is what our lawyers suggested we say.
2. Big Letters
3. Acceptance of Terms
4. Rules and Conduct
By way of example, and not as a limitation, you shall not (or permit others to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:
• infringes any patent, trademark, service mark, trade secret, copyright, right of privacy or publicity or other right of any other person or entity;
• includes video or a photograph of another person or an identifiable location that you have posted without that person’s or the owner of such location’s consent;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, sexually explicit or profane, depicts nudity, unlawful activities, death or violence, or encourages conduct that could constitute a criminal offense;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
• involves commercial activities and/or sales without Creative Electron’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• displays an advertisement, or accepts payment or anything of value from a third person in exchange for your performing any activity on or through the Service on behalf of that person, such as posting commercial content, or posting blogs or bulletins with a commercial purpose;
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Creative Electron or any third party; or
• impersonates any person or entity, including any employee or representative of Creative Electron.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Creative Electron in its sole discretion) an unreasonable or disproportionately large strain on Creative Electron’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures Creative Electron may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service).
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service or as explicitly provided on the Site, or (iii) copy, rent, lease, distribute, or otherwise transfer any or the rights that you receive hereunder.
You shall abide by all applicable local, state, national and international laws and regulations.
6. Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Creative Electron’s control, and you acknowledge that Creative Electron is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Creative Electron or any association with its operators. You further acknowledge and agree that Creative Electron shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
7. Right to Use Creative Electron Content
You agree that the Service contains Content specifically provided by Creative Electron, its users and/or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized below or otherwise by Creative Electron in writing, you shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such Content. However, Creative Electron hereby grants you a limited, revocable, non-sublicensable license to display the Content (excluding any software code) using the means provided for such by Creative Electron (e.g., through the use of “embed” codes); provided, that you retain all copyright and other proprietary notices contained therein. Except as set forth below, reproducing, copying or distributing any Content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Creative Electron.
Guide Content and Photographs
All Content is for informational purposes only, and is general advice, not intended to be relied upon to offer a solution to a specific problem or as a substitute for the advice of a qualified professional. Creative Electron does not recommend use of the Content in lieu of professional advice or delay in seeking professional advice based on the Content. Creative Electron does not recommend use of the Content for diagnosing or treating health or other problems.
The Service may provide registered members with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content (including, without limitation, information, text [including edits and new text] for guides, data, photographs and images) to the Service (User Submissions). While you, as the creator of that content, will retain copyrights and the freedom to use your own works in any manner you choose, by posting User Submissions on or at the Site or otherwise through the Service, you:
• grant to Creative Electron, its affiliates and their assignees a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, translate, make derivative works of, incorporate into other works, add metadata associated with, and otherwise exploit such User Submissions, including without limitation, any concepts, ideas or know-how embodied therein, in any form and for any purpose, including without limitation promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media format or technology now known or hereafter developed, in connection with the Site and Creative Electron’s (and its successors’ and affiliates’) business. Without limiting the foregoing and for the avoidance of doubt, this license grants Creative Electron to display commercial advertising and User Submissions anywhere on the Site, including without limitation alongside, on the same page as, and/or superimposed on any User Submissions;
• acknowledge that such User Submissions may not be treated confidentially;
• agree that you will reuse all User Submissions only for non-commercial purposes and abide by the Creative Commons Attribution Non-Commercial Share Alikelicense.
You shall not provide Creative Electron with any confidential or proprietary information that you desire or are required to keep secret. All User Submissions will be considered non-confidential and Creative Electron is under no obligation to treat User Submissions as proprietary information. You are solely responsible for the User Submissions you post on or through the Service. Creative Electron reserves the right to use User Submissions as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post them. Creative Electron is under no obligation to offer you any payment for User Submissions or the opportunity to edit, delete or otherwise modify Content once it has been submitted to Creative Electron. Creative Electron shall have no duty to attribute authorship of User Submissions to you, and shall not be obligated to enforce any form of attribution by third parties.
Creative Electron has no obligation to monitor the Site, Service, Content, or User Submissions. Creative Electron may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
9. No Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CREATIVE ELECTRON MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) CONSEQUENCES OF USING THE SITE OR YOUR EXPOSURE TO ANY CONTENT OR USER SUBMISSIONS ON THE SITE, (IV) UNAUTHORIZED DISCLOSURE OF IMAGE, INFORMATION OR DATA THAT RESULTS FROM THE UPLOAD, DOWNLOAD OR STORAGE OF USER SUBMISSIONS, OR (V) STATISTICS PROVIDED TO YOU OR OTHER USERS OF THE SERVICE INCLUDING BUT NOT LIMITED TO SITE ACTIVITY, SEARCH RESULTS, OR CONTENT VIEWS. CREATIVE ELECTRON IS NOT RESPONSIBLE FOR ANY SEARCH RESULTS OR RANKINGS OR THE ADDITION OF OR CHANGE TO ASSOCIATED METADATA OF CONTENT ON THE SITE. CREATIVE ELECTRON, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE SITE OR THE SERVICE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. CREATIVE ELECTRON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SITE OR FEATURED IN THE CONTENT OF THE SITE OR ANY BANNER OR OTHER ADVERTISING, AND CREATIVE ELECTRON WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
10. Limitation of Liability
IN NO EVENT SHALL CREATIVE ELECTRON, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES ARISING FROM (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE SITE AND USE OF THE SERVICE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
12. International Use
Creative Electron makes no representation that the Content is appropriate or available for use in locations outside of the United States, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
13. Dispute Resolution
15. Digital Millennium Copyright Act Notice
Creative Electron has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of Creative Electron’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. It is Creative Electron’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders. If you believe that Content residing on or accessible through the Creative Electron web site or service infringes a copyright, please send a notice of copyright infringement by facsimile or regular mail (not e-mail) to Creative Electron, Attn: Copyright Agent, 1330 Monterey St., San Luis Obispo, CA 93401, Fax: 805-456-0741, containing the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
• Identification of works or materials being infringed;
• Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Creative Electron is capable of finding and verifying its existence;
• Contact information about the notifier including address, telephone number and, if available, e-mail address;
• A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
• A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper infringement notification is received by the Designated Agent, it is Creative Electron’s policy to remove or disable access to the infringing Content; to notify the Content provider, member or user that it has removed or disabled access to the Content; and that repeat offenders will have the infringing Content removed from the system and that Creative Electron will terminate such content provider’s, member’s or user’s access to the service.
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
You may contact Creative Electron at the following address:
Attn: Copyright Agent
253 Pawnee St.
San Marcos, CA 92078