PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By using the Connected Interactive, LLC. (“Connected Interactive”) websites (including, without limitation, any associated websites, forums or blogs, and other Connected Interactive web properties)(collectively, the “Connected Interactive Site”), you agree to be bound by the following Terms and Conditions (the “Terms”). These Terms govern only the content, features, and activities related to the Connected Interactive Site and do not cover any other linked or referenced website associated with the Connected Interactive Site, unless specifically stated. These terms and conditions constitute a legally binding agreement between you and Connected Interactive. By using the Connected Interactive Site, you understand, acknowledge and agree that you will abide by these Terms.
Connected Interactive reserves the right to modify these Terms from time to time without notice, for any reason in Connected Interactive’s sole discretion without notice. Connected Interactive will post or display notices of material changes on the Connected Interactive Site and/or may email you about these changes. These changes become effective immediately upon posting and if you use the Connected Interactive Site after the changes become effective, it will signify your agreement to be bound by the changes. Please review these Terms from time to time so that you will be apprised of any changes.
Intellectual Property Rights.
The Connected Interactive Site is proprietary to Connected Interactive and is protected by intellectual property laws and international intellectual property treaties. The entire contents of Connected Interactive Site (the “Content”) are copyrighted as a collective work under the laws of United States and other copyright laws. Connected Interactive holds the copyright in the collective work. The collective work may include works that are the property of other third parties which are also protected by copyright and other intellectual property laws. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Connected Interactive Site solely for your own non-commercial use, unless otherwise permitted. Any redistribution retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from the Connected Interactive Site. You may not use any Connected Interactive logo or any other proprietary graphic or trademark without Connected Interactive’s express written permission. As between the parties, title, ownership rights, and intellectual property rights in the Material (as defined below), and any copies or portions thereof, shall remain in Connected Interactive and/or its content providers. Third-party trademarks, service marks and logos contained in the Connected Interactive Site are owned and licensed by their respective owners. Any rights not expressly granted herein are reserved.
Grant of Limited License
Your access to the Connected Interactive Site is licensed and not sold. Subject to your compliance with these Terms, Connected Interactive agrees to provide you with a personal, revocable, non-transferable and non-exclusive account enabling you to access and use the Service and the Connected Interactive Site. All Connected Interactive content that is made available to view and/or download in connection with the Connected Interactive Site is owned by and is the copyrighted work of Connected Interactive and/or its suppliers and is licensed, not sold. You may not lend, lease, rent or sublicense the Connected Interactive Site.
You may not, directly or indirectly, (a) engage in any acts inconsistent with the principles of copyright protection and fair use, as codified in 17 U.S.C. Sections 106-110, without obtaining the express written permission of Connected Interactive and the copyright owner; or (b) distribute (except for the purposes set forth above), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content or any User Submissions (as defined below), in whole or in part; or (c) remove any proprietary notices or labels on the Content or any User Submissions.
You are responsible for your communications and your use of the Connected Interactive Site. You may not, under any circumstances, do any of the following: (a) post or transmit any message which is libelous or defamatory; (b) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (d) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; (c) use the Connected Interactive Site to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; (d) upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; (e) upload files that contain a virus or corrupted data; (f) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to a BBS or the Connected Interactive Site; (g) falsify the source or origin of software or other material contained in a file that you upload to a BBS or the Connected Interactive Site; (h) falsely purport to be an employee or agent of Connected Interactive; (i) act, or fail to act, in your use of the Connected Interactive Site, in a manner that is contrary to applicable law or regulation; (j) distribute in any medium any part of the Connected Interactive Site, including, but not limited to, any User Submissions (as defined below), without Connected Interactive’s prior written consent; (j) circumvent, disable or otherwise interfere with security-related features of the Connected Interactive Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Connected Interactive Site or the Content therein; (k) use the Connected Interactive Site, any Content or any User Submissions for any commercial use, without the prior written authorization of Connected Interactive; or (l) engage in any other activity deemed by the Connected Interactive to be in conflict with the spirit or intent of these Terms.
It is not the intent of Connected Interactive to discourage users from taking controversial positions or expressing vigorously what may be unpopular views in Connected Interactive Site, nonetheless, Connected Interactive reserves the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful. Your failure to observe any of the foregoing limitations or obligations may result in civil or criminal liability.
User Submissions – Blogs and Community Forums
Although some of the individuals posting to the Connected Interactive Site, including the columnists and moderators, work for Connected Interactive, any opinions expressed are the personal opinions of the original authors, not of Connected Interactive. The content is provided for informational and entertainment purposes only and is not meant to be an endorsement or representation by Connected Interactive or any other party. Connected Interactive does not assume any responsibility or liability for any blogs, opinions or other commentary posted on the Connected Interactive Site or any website linked to the Connected Interactive Site and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the content.
Connected Interactive does not claim ownership of any materials and other information (including, without limitation, ideas contained therein for new or improved products or services) you post, upload, or submit to public areas of the Connected Interactive website (such as bulletin boards (“BBSs”), forums and chat rooms), video content and textual content (collectively, the “User Submissions”).
By posting, uploading, submitting, or inputting any User Submissions to the Connected Interactive Site or through the Service, alone or as part of other works, you agree to grant to Connected Interactive a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any such User Submissions (including without limitation, ideas contained therein for new or improved products or services) in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses; and to publish your name in connection with your User Submission. You also hereby grant each user of the Connected Interactive Site a non-exclusive license to access your User Submissions through the Connected Interactive Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Connected Interactive Site and under these Terms.
With respect to any User Submissions consisting of video files, the above licenses granted by you shall terminate within a commercially reasonable time after you remove or delete of such video files from the Service. You understand and agree, however, that Connected Interactive may retain server copies of User Submissions that have been removed or deleted. The above licenses granted by you with respect to any other types of User Submissions are perpetual and irrevocable. You hereby waive your moral rights in any such User Submissions, and you hereby warrant that any such User Submissions are original with you, or that you have the right to submit such User Submissions. You agree that you shall have no recourse against Connected Interactive for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You further acknowledge and agree that (a) no compensation will be paid with respect to the use of your User Submissions, as provided herein; (b) Connected Interactive is under no obligation to post or use any User Submission you may provide; and (c) Connected Interactive may remove any Submission at any time in its sole discretion.
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by Connected Interactive. Connected Interactive cannot and does not screen content provided by you to the Connected Interactive Site or through its service. Notwithstanding the foregoing, Connected Interactive reserves the right to remove any content from the Connected Interactive Site 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 content or if Connected Interactive is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
The Connected Interactive Site is available to the public. No information you consider confidential should be posted to these websites. If you submit content, you agree that Connected Interactive may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any posting(s) made by you. Connected Interactive may modify, display, delete, transmit or distribute content posted on the Connected Interactive Site in its sole discretion and without your permission. However, Connected Interactive shall not be responsible for controlling or editing any content, nor can Connected Interactive ensure prompt removal of inappropriate or unlawful content.
Links to Third Party Web Sites
Disclaimer of Third Party Information
Connected Interactive does not and cannot review all communications and materials posted or uploaded to the Connected Interactive website and is not responsible for the content of these communications and materials. However, Connected Interactive reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another or (d) offensive or otherwise unacceptable to Connected Interactive.
You understand that when using the Connected Interactive website, you will be exposed to User Submissions and third party content from a variety of sources, and that Connected Interactive is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or third party content. You further understand and acknowledge that you may be exposed to User Submissions and third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Connected Interactive with respect thereto.
Statements made in websites, newsgroups, message boards, email, forums, conferences, chats and/or User Submissions reflect only the views of their authors. Forum managers, forum hosts, content providers, or merchants appearing on the Connected Interactive website are not authorized Connected Interactive spokespersons, and their views do not necessarily reflect those of Connected Interactive, and Connected Interactive does not endorse any User Submission or any opinion, recommendation, or advice expressed therein.
Connected Interactive reserves complete and sole discretion with respect to the operation of Connected Interactive Site. Connected Interactive may, among other things: (a) make available to third parties information relating to the Connected Interactive Site and its users; and (b) withdraw, suspend or discontinue any functionality or feature of the Connected Interactive website. Connected Interactive may, in its complete and sole discretion, review uploaded files, conferences, BBSs, forums, chats and User Submissions and authorize restrictions on access thereto.
You acknowledge and agree that from time to time the Connected Interactive website and/or its services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Connected Interactive may undertake from time to time; or (iii) causes beyond the control of Connected Interactive or which are not reasonably foreseeable by Connected Interactive.
THE Connected Interactive WEBSITE IS PROVIDED BY Connected Interactive ON AN “AS IS” BASIS. Connected Interactive MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THESE WEBSITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Connected Interactive DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS. Connected Interactive CANNOT AND DOES NOT WARRANT AGAINST HUMAN AND MACHINE ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA. Connected Interactive CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THIS ONLINE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. Connected Interactive DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS OR SERVICE ACCESSED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THESE TERMS. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. Connected Interactive MAY CHANGE THE SERVICE OR THE FEATURES IN ANY WAY, AND AT ANY TIME AND FOR ANY REASON.
Although Connected Interactive has attempted to provide accurate information on the Connected Interactive Site, Connected Interactive assumes no responsibility for the accuracy or completeness of the information.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Connected Interactive, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY USER SUBMISSION POSTED OR SUBMITTED BY YOU (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT).
Waiver and Release
YOU AGREE THAT NEITHER Connected Interactive NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE Connected Interactive WEBSITE, THE SERVICE, OR THE CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT Connected Interactive SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST Connected Interactive, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF Connected Interactive, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE Connected Interactive SITE, THE SERVICE, OR THE CONTENT.
NOTWITHSTANDING THE FOREGOING PARAGRAPH Connected Interactive WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA OR COSTS OF REPLACEMENT GOODS, ARISING OUT OF THE USE OR INABILITY TO USE THE Connected Interactive WEBSITES OR RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF Connected Interactive MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Connected Interactive Site is controlled and offered by Connected Interactive from its facilities in the United States of America. Connected Interactive makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Copyright or Intellectual Property Infringement Notification.
Connected Interactive respects the intellectual property rights of others. If you believe that there may be an instance of copyright infringement on the Connected Interactive Site, please review our Copyright or Intellectual Property Infringement Notification Policy, currently accessible at Connected Interactive.
Connected Interactive may deliver notice to you under this Agreement by means of electronic mail, a general notice on Website, or by written communication delivered by first class U.S. mail to your address on record in your Connected Interactive Account. You may give notice to Connected Interactive at any time via electronic mail to the following address: