If you find any Materials on the Service which you believe violate or are inconsistent with this Code of Conduct, please contact the Service administrator at firstname.lastname@example.org
This Section describes some ground rules to protect our Service community and seeks to ensure that all users can make the most of our Service. In addition to the other rules listed above, this Code of Conduct requires that you not harass or spam other users, post inappropriate content, transmit any viruses or engage in any disruptive or illegal conduct. While we don’t want to be in a situation where we have to cut off your access to our Service, we can do so if you violate our Code of Conduct or these terms, or otherwise behave badly in using our Service. Please be considerate of the other users on our Service and let us know if you suspect someone is acting inappropriately!
9. CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any of the materials hosted on the Service infringe your copyright, you (or your agent) may send us a notice by mail or e-mail, requesting that the material be removed or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send CSN a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Service must be sent in writing to our Chief Services Officer as follows: by mail to Copyrights c/o Chief Services Officer, Common Sense Networks, 699 8th Street, Suite C150, San Francisco, 94103; or by e-mail to email@example.com. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA. Please note that CSN may terminate any user who it reasonably believes to be a repeat copyright infringer.
If you see something on our Service that you believe is your copyrighted work, but which you have not authorized to be on our Service, this Section explains how you can contact us regarding such unauthorized use of your work. We will review your request, and, based on the result of our review process, may take down the work from our Service.
10. OUR PROPRIETARY RIGHTS
We and our respective licensors and suppliers own the Service and the information and materials made available through the Service, which are protected by copyright, trademark, patent, and/or other proprietary rights and laws.
Our Service, as well as the information, content and other materials on our Service, is owned by us (and our licensors and suppliers).
THE SERVICE, THE MATERIALS AND THIRD PARTY MATERIALS ON THE SERVICE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THROUGH MEMBER SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. NEITHER CSN NOR ANY OF ITS AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS, SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES MAKES ANY WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE SERVICE, INCLUDING, WITHOUT LIMITATION ANY OF THE MATERIALS OR THIRD PARTY MATERIALS, NOR DO THEY WARRANT THAT YOUR USE OF THE SERVICE OR ANY SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE SERVER(S) ON WHICH THE SERVICE IS HOSTED OR SERVICE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY MATERIAL OR THIRD PARTY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ACKNOWLEDGE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR THIRD PARTY MATERIAL. YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY MEMBER SERVICES, MATERIALS, AND THIRD PARTY MATERIALS PROVIDED THROUGH THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
Our Service, and everything provided through our Service is provided to you “as is,” and we can’t guarantee that our services will always be accurate, available or error free.
12. LIMITATION OF LIABILITY
NEITHER CSN NOR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, MEMBER SERVICES), MATERIALS AND/OR THIRD PARTY MATERIALS CONTAINED ON THE SERVICE OR ANY LINKED SERVICE AND/OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, THROUGH MEMBER SERVICES, EVEN IF CSN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE, MATERIALS, THIRD PARTY MATERIALS, ANY LINKED SERVICE, PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, MEMBER SERVICES, IS TO STOP USING THE SERVICE, MATERIALS, THIRD PARTY MATERIALS, LINKED SERVICE, MEMBER SERVICE, PRODUCTS OR SERVICES, AS APPLICABLE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EXCEED THE GREATER OF (A) $100 OR (B) THE TOTAL AMOUNT PAID BY YOU TO CSN DURING THE 12-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, LICENSORS, MEMBER ORGANIZATIONS, SUPPLIERS, ADVERTISERS OR SPONSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
In addition to the Section above, please note that if something bad happens to you while using our Service (including any information, content or other materials on our Service and Member Services), our liability to you is limited to the amount you have paid to use our Service or $100, whichever is more. If you don’t like something about our Service, please stop using the Service.
13. TERMINATION; CHANGES OR DISCONTINUATION OF SERVICES
We may suspend or terminate your access to use our Service (or a portion of our Service) at any time and for any reason. If we choose to do so, you may not have further access to your user account or any materials associated with your account. If our Service allowed for you to download any materials, you will need to delete or destroy those materials, if we terminate your access to our Service. We reserve the right to make changes to Member Services.
This Section is important because it may require you to defend us in certain situations, including if a lawsuit arises as a result of your use of our Service or if you violate these terms. This may include an obligation to pay for the defense and any related costs.
15. ACCESS BY MINORS
Although this Section may not be relevant to you, federal law requires us to tell you that parental controls are available to limit access by minors to harmful material. The link above provides more information.
16. NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California Service users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a resident of California and have a concern about our Service, you can contact California Department of Consumer Affairs using the contact information in this Section.
17. APPLICABLE LAW AND JURISDICTIONAL ISSUES; ARBITRATION
The Service is controlled and operated by CSN from its office in San Francisco, California and is not intended to subject CSN to the laws or jurisdiction of any state, country or territory other than California and the United States of America. The Service is solely directed to individuals residing in the United States. Those who choose to access the Service from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Our Service is controlled and operated from San Francisco, California, and is only directed to people who live in the United States. If you access our Service from outside of the United States, it is your responsibility to comply with all local laws. Member Services are only available in the United States, and you may not purchase Member Services if you are located outside the United States. If there is a legal disagreement between us, arbitration will be used to resolve our disagreement, rather than a courtroom with a judge and jury. The arbitration will be subject to the laws of the United States and the State of California.
18. Export Control
The supply of good and services through the Service is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Service, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Service if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria or any other country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting country,” (2) you are on the U.S. Treasury Department's Specially Designated Nationals List, the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or any of the other U.S. government lists of restricted end users, or (3) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or any other country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting country,” or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List or any of the other U.S. government lists of restricted end users.
Our Service is subject to U.S. export controls and you are responsible for complying with these controls.
This Section provides for a number of miscellaneous legal terms. Among other things, it specifies that these terms, including any terms and conditions incorporated into these terms, are the only agreement between us regarding our Service and how these terms are interpreted.