From 58c4f6858b83360286698a32e266fe9a33ed763a Mon Sep 17 00:00:00 2001 From: dumpfmprod Date: Fri, 12 Mar 2010 19:38:27 -0500 Subject: timb committing ryder's changes --- static/terms.html | 87 +++++++++++++++++++++++-------------------------------- 1 file changed, 36 insertions(+), 51 deletions(-) (limited to 'static/terms.html') diff --git a/static/terms.html b/static/terms.html index daca69b..89bccd2 100644 --- a/static/terms.html +++ b/static/terms.html @@ -16,9 +16,10 @@ align="center" >Accepting the Terms of Service

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The purpose of this website, +>The following Terms of Service has been adapted from the Termos of Service found at Tumblr. The purpose of this website, www.dump.fm (the “Site”), owned and operated by Dump.Fm, Inc.(“Dump.Fm”), a New York corporation, is to provide web publishing services. Please read these terms of service (“Agreement”) carefully before using the Site or any services provided on theSite (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“Subscriber” or “You”) under the following terms and conditions:

Subscriber shall own all Subscriber Content that Subscriber contributes to the Site, but herebygrants and agrees to grant Dump.Fm a non-exclusive, worldwide, royalty-free, transferable rightand license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify,create derivative works and store such Subscriber Content and to allow others to do so (“ContentLicense”) in order to provide the Services. On termination of Subscriber’s membership to the Site and use of the Services, Dump.Fm shall make all reasonable efforts to promptly remove from the Site and cease use of the Subscriber Content; however, Subscriber recognizes and agrees that caching of or references to the Subscriber Content may not be immediately removed.Subscriber warrants, represents and agrees Subscriber has the right to grant Dump.Fm and theSite the rights set forth above. Subscriber represents, warrants and agrees that it will notcontribute any Subscriber Content that (a) infringes, violates or otherwise interferes with anycopyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine orengine that is intended to damage, detrimentally interfere with, surreptitiously intercept orexpropriate any system, data or information, or (f) remains posted after Subscriber has beennotified that such Subscriber Content violates any of sections (a) to (e) of this sentence.Dump.Fm reserves the right to remove any Subscriber Content from the Site, suspend orterminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to Dump.Fm and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to suchSubscriber Content or if Dump.Fm is concerned that Subscriber may have breached theimmediately preceding sentence), or for no reason at all.

4. Themes

Dump.Fm makes available specialized HTML tags (“Dump.Fm Template Code”) for the design and layout of blog pages available for use on the Site (“Themes”). You can customize the Dump.Fm Template Code to create your own Themes for use on your blog page (“Custom Theme”). If you choose, you may also contribute Your Custom Themes to the Site for use by other users. Dump.Fm hereby grants you a non-exclusive, non-transferable, non-sublicenseableright and license to access, use, copy, modify and create derivative works of the Dump.Fm Template Code solely as necessary to create Custom Themes for use on the Site. You hereby grant and agree to grant Dump.Fm an exclusive, perpetual, sublicensable irrevocable, royalty-free right and license to use, copy, modify, and create derivative works of any Custom Theme contributed by You to the Site, including the HTML code and media assets therefor.

5. Restrictions

4. Restrictions

Subscriber is responsible for all of its activity in connection with the Services and accessing theSite. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted,any communication or solicitation designed or intended to obtain password, account, or privateinformation from any Dump.Fm user.

6. Warranty disclaimer

5. Warranty disclaimer

Dump.Fm has no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that Dump.Fm has no control over, and no duty to take any action regarding: which users gains access to the Site; which Content Subscriber accesses via the Site; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or whatactions Subscriber may take as a result of having been exposed to the Content. Much of theContent of the Site is provided by and is the responsibility of the user or subscriber who postedthe Content. Dump.Fm does not monitor the Content of the Site and takes no responsibility forsuch Content. Subscriber releases Dump.Fm from all liability for Subscriber having acquired ornot acquired Content through the Site. The Site may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. Dump.Fm makes no representations concerning any content contained in or accessed through the Site, andDump.Fm will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.

7. Third party websites

6. Third party websites

Users of the Site may gain access from the Site to third party sites on the Internet throughhypertext or other computer links on the Site. Third party sites are not within the supervision or control of Dump.Fm or the Site. Unless explicitly otherwise provided, neither Dump.Fm nor theSite make any representation or warranty whatsoever about any third party site that is linked tothe Site, or endorse the products or services offered on such site. Dump.Fm and the Site disclaim: (a) all responsibility and liability for content on third party websites and (b) anyrepresentations or warranties as to the security of any information (including, without limitation,credit card and other personal information) You might be requested to give any third party, and You hereby irrevocably waive any claim against the Site or Dump.Fm with respect to such sites and third party content.

8. Registration and security

7. Registration and security

As a condition to using Services, Subscriber will be required to register with Dump.Fm andselect a password and Dump.Fm URL. Subscriber shall provide Dump.Fm with accurate,complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not (a) select or use as a Dump.Fm URL a name of another person with the intent to impersonate that person; or (b) use as a Dump.Fm URL a name subject to any rights of a person other than Subscriber without appropriate authorization. Dump.Fmreserves the right to refuse registration of, or cancel a Dump.Fm URL in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's Dump.Fmpassword. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the Site and Dump.Fm from any and all liability concerningsuch activity. Subscriber agrees to notify Dump.Fm immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The Site will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such datacommunications by unauthorized persons or entities.

9. Indemnity

8. Indemnity

Subscriber will indemnify and hold Dump.Fm, its directors, officers and employees, harmless,including costs and attorneys' fees, from any claim or demand made by any third party due to orarising out of Subscriber’s access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.

10. Limitation of liability

9. Limitation of liability

In no event shall Dump.Fm, its directors, officers, shareholders, employees or members be liablewith respect to the Site or the Services for (a) any indirect, incidental, punitive, or consequentialdamages of any kind whatsoever; (b) damages for loss of use, profits, data, images, SubscriberContent or other intangibles; (c) damages for unauthorized use, non-performance of the Site,errors or omissions; or (d) damages related to downloading or posting Content. Dump.Fm's andthe Site's collective liability under this agreement shall be limited to three hundred United StatesDollars. Some states do not allow the exclusion or limitation of incidental or consequentialdamages, so the above limitations and exclusions may not apply to Subscriber.

11. Fees and payment

10. Fees and payment

Some of the Services require payment of fees. Subscriber shall pay all applicable fees, asdescribed on the Site in connection with such Services selected by Subscriber. Dump.Fm reserves the right to change its pricing and to institute new charges at any time, upon ten (10) days prior notice to Subscriber, which will be posted on the Site and e-mailed to Subscriber along with a link to the modified fee schedule so that You can review it. Use of the Services by Subscriber following such notification constitutes Subscriber's acceptance of any new orincreased charges.

12. Termination

11. Termination

Either party may terminate the Services at any time by notifying the other party by any means.Dump.Fm may also terminate or suspend any and all Services and access to the Siteimmediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including,without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Site and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to Dump.Fm or the Site, including without limitation anyindemnification obligations contained herein.

13. Privacy

12. Privacy

Please review our @@ -164,38 +153,31 @@ , which governs the use of personal information on the Site andto which Subscriber agrees to be bound as a user of the Site.

14. Meetups

The Site offers a platform for users to organize and attend face-to-face meetings at restaurants, bars and other venues all over the world (“Meetups”). However, Dump.Fm does not sponsor, oversee or in anyway control Meetups. You understand and agree that you organize and participate in Meetups at your own risk and Dump.Fm does not bear any responsibility orliability for the actions of any Dump.Fm users or any third parties who organize, attend or are otherwise involved in any Meetups.

To the fullest extent permitted under applicable law, Dump.Fm disclaims all liability, regardless of the form of action, for the acts or omissions of other Dump.Fm users or any other third partyand will not be liable for any damages, direct, indirect, incidental and/or consequential arisingout of your organization or attendance at a Meetup or your interactions with any Dump.Fm user or third party you meet at such events.

15. Miscellaneous

13. Miscellaneous

This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between You, the Site and Dump.Fm with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect anyright provided for herein shall not be deemed a waiver of any further rights hereunder. Dump.Fmshall not be liable for any failure to perform its obligations hereunder where such failure resultsfrom any cause beyond Dump.Fm’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of thisAgreement is found to be unenforceable or invalid, that provision shall be limited or eliminatedto the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with Dump.Fm’s prior written consent. Dump.Fm may assign this Agreement in whole or in part at any time without Subscriber’s consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware without regard to theconflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Dump.Fm in any respect whatsoever. Any notice to the Site that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to info@dump.fm or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to

This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between You, the Site and Dump.Fm with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect anyright provided for herein shall not be deemed a waiver of any further rights hereunder. Dump.Fm shall not be liable for any failure to perform its obligations here under where such failure results from any cause beyond Dump.Fm’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of thisAgreement is found to be unenforceable or invalid, that provision shall be limited or eliminatedto the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with Dump.Fm’s prior written consent. Dump.Fm may assign this Agreement in whole or in part at any time without Subscriber’s consent. This Agreement shall be governed by and construed in accordance with the laws of the state of Delaware without regard to theconflict of laws provisions thereof. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind Dump.Fm in any respect whatsoever. Any notice to the Site that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to info@dump.fm or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to

Dump.Fm, Inc., 90-11 35th Ave Apt. 1L Jackson Hts, NY, Attn: Legal Dept.

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16. Copyright Policy

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Dump.Fm has adopted the following policy toward copyright infringement with respect to theSite in accordance with the Digital Millennium Copyright Act, a copy of which is located at +>14. Copyright Policy

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Dump.Fm has adopted the following policy toward copyright infringement with respect to the Site in accordance with the Digital Millennium Copyright Act, a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf . The address of Dump.Fm's Designated Agent for copyright takedown notices (“Designated Agent”) is listed below.

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Reporting Copyright Infringements

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  • A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of thecopyright owner.

    A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.

    • Filing Copyright Counterclaims

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    A subscriber who believes they are the wrongful subject of a copyright takedown notice, may filea counter notification with Dump.Fm, by providing the following items in writing to theDesignated Agent at the address below:

    A subscriber who believes they are the wrongful subject of a copyright takedown notice, may filea counter notification with Dump.Fm, by providing the following items in writing to the Designated Agent at the address below:

    • The following statement: "I swear, under penalty of perjury, that I have a good faith beliefthat the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

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    • User’s signature.Upon receipt of a counterclaim, Dump.Fm will forward it to the party who submitted the originalcopyright infringement claim. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Dump.Fm does notreceive any such notification within 10 days, we may restore the material to the Site.

    • User’s signature.Upon receipt of a counterclaim, Dump.Fm will forward it to the party who submitted the original copyright infringement claim. The original complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Dump.Fm does not receive any such notification within 10 days, we may restore the material to the Site.

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