USE OF CONTENT
THIRD PARTY WEBSITES AND CONTENT
The Website contains links to other websites (“Third Party Sites”) and articles, resources, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, functionality (including, without limitation, API software, technology, and platforms), and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not reviewed, investigated, monitored, or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted on or available through the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to, or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Website and access the Third Party Sites or to use any Third Party Content, you do so at your own risk and you should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website.
You acknowledge that by providing you with the ability to access and view Third Party Content on the Website, the Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Third Party Content.
Because the Company has no control over the Third Party Sites, you acknowledge and agree that the Company is not responsible for the availability of such Third Party Sites, and does not endorse and is not responsible or liable for any Third Party Content, advertising, products, or other materials on or available from such Third Party Sites. You further acknowledge and agree that the Company 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 use of or reliance on any such content, products, goods or services available on or through any such Third Party Sites.
INTELLECTUAL PROPERTY RIGHTS
All trademarks, trade names, logos, images, service marks, trade dress, Content, and Third Party Content displayed on the Site (collectively, “IP”) are the property of the Company or its licensors, content providers, or other third parties. Except as expressly provided in the “Limited License” section above, your use of and access to the Website does not grant you any license or right to use any of the IP without the prior written consent of the Company or the respective owner of the IP. The Company vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its IP.
SUBMISSIONS TO COMPANY
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, names, screen names, material, communication, or other information about the Website (“Submissions”), provided by you to the Company are non-confidential and shall become the sole property of Company upon receipt. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. For purposes of clarity, the Company shall be free to use such Submissions, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, at any time and for any purpose whatsoever without any obligation to you.
You may not use any “deep link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Company server, or to any of the services offered on or through the Website, by hacking, password “mining” or other illegitimate means.
DMCA TAKE-DOWN PROCEDURE
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 that your work has been copied by the Company-produced material and posted on the Website in a way that constitutes copyright infringement, please provide the Company’s copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. The Company’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Deputy General Counsel
330 Hudson St., 10th Floor
New York, NY 10013
The Company, however, is not providing or hosting any of the Third Party Content found on the Website; rather, third parties are providing and hosting such Third Party Content found on the Website. If you believe that your work has been copied by the Third Party Content and posted on the Website in a way that constitutes copyright infringement, please review the DMCA Take-Down Procedures established by the Third Party Content provider that hosts such material (such as YouTube or Twitter). The Third Party Content providers may be able to address your concerns, including the removal of your material from the Website.
The Company suggests that you consult your legal advisor before filing a notice with the Company’s or the Third Party’s copyright agent. You should be aware that there can be penalties for false claims under the DMCA.