Date of Last Revision: January 11, 2010
Section 101, LLC
Website Terms and Conditions
These Terms and Conditions of Use (the “Agreement”) are between you and Section 101, LLC (“Section 101” or the “Company”). In consideration of the right to access and use the website located at the Universal Resource Locators http://section101.com (along with other Section 101 branded websites owned or operated by the Company, the “Site” or the “Website”), and to receive the products and services offered through the Website, you agree to the terms and conditions of use set forth in this Agreement and acknowledge that you are at least 13 years of age.
This Agreement applies to the products and services (as defined herein) currently offered by the Company and that the Company may choose to offer in the future (unless stated otherwise).
The Website, and any products or services offered through the Website, are available only to, and may only be used by, individuals and entities able to form legally binding contracts under applicable law. The products and services offered hereunder are not available to children (persons under the age of 13) or to any user who has been suspended from any Site, whose use has been restricted for any reason or whose registration has been revoked. If you are under the age of 13, you can use the Website only in conjunction with, and under the supervision of, your parents or guardians. If you do not qualify, please do not use the Website or any of the services offered through any Website. If you are acting on behalf of an entity or organization, you warrant and represent that you have the authority to bind such entity or organization to this Agreement.
YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS AND CONDITIONS.
Website Content. The Website presents information and content including, but not limited to, digital music, demos, calendars, articles, opinions, text, data, downloads, product support information, commentary, advertisements, promotional information, graphics, illustrations, designs, reviews, video and audio files, programs, code, photos and instructional information (collectively, "Content"), that is owned or licensed by the Company. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and Section 101. When used in this Agreement, "we", “us” and "our" mean Section 101.
The Content contained on the Website is for general information use only and has not been verified by Section 101. Section 101 does not make any representations as to the accuracy or completeness of Content or assume any liability for any loss that may result from the reliance on any Content we provide. Any statements non-factual in nature constitute only current opinions, which are subject to change without notice.
Products & Services. Through the Website, you may be able to download applications and software, review Content, upload and download files, register for membership, purchase tickets, products and upgrades, sign up for events, pay for goods and services, communicate and establish relationships with other users, and post information, opinions and comments (collectively, the “Services”). Section 101 reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, Section 101 reserves the right to permit or restrict access to the Website and the Services to any user in its sole and absolute discretion.
Profiles, Blogs and Boards. Section 101 offers original and third party information on the Website. You may be invited to provide custom screen names, icons and other profile information (collectively, “Profile Information”), and you and others may be permitted to create or contribute to pages on the Website or comment on, post, transmit or submit messages, ideas, concepts, techniques, know-how, text, files, images, photos, videos, sounds, data files, musical works, works of authorship, applications and other Content, information and materials, which may include uploading files, inputting data, providing personal information, providing opinions or engaging in any form of communication that you and others submit, post and display on the Website or through the Services (collectively, and together with Profile Information, "User Generated Content") to other Website users, blogs, bulletin boards and public areas (collectively "Forums") within or in connection with the Site or in connection with the Services. In submitting User Generated Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.
User Generated Content. Section 101 does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising out of any User Generated Content. User Generated Content submitted through the Site is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. If at any time the Company chooses, in its sole discretion, to monitor the Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.
The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any Content, including User Generated Content, accessible on or through the Website or the Services. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict or remove any User Generated Content for any reason at any time. You agree that Section 101 shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being submitted, or we edit, restrict or remove it. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell User Generated Content that appears on or through the Website.
Certain portions of the Website may offer you the ability to send (by e-mail or otherwise) messages directly to the Company or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of e-mail tools or from interception or unauthorized use by third parties of any information you send through our systems. Futhermore, you are solely responsible for your interactions with other users on and through the Website. Section 101 reserves the right, but has no obligation, to monitor disputes between you and other users.
In the event a dispute arises between you and Section 101 or any third party, please e-mail the Company at email@example.com. We encourage you to report all user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity.
Ownership and Use of Content. As between you and Section 101, all Content, other than User Generated Content and Third Party Content, is owned by Section 101 and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of Content, including, without limitation, framing it within another website, is expressly prohibited without the prior written permission of Section 101. Please contact us at firstname.lastname@example.org for licensing inquiries.
By posting any User Generated Content on the Website, you hereby grant the Company a perpetual world-wide, non-exclusive, royalty-free license, with the right to sublicense in one or multiple tiers, to use, publicly perform, publicly display, reproduce, modify, create derivative works from, edit and distribute such User Generated Content on or through the Website, including without limitation distributing part or all of the Website in any media formats and through any media channels. After you provide us with written notice to remove your User Generated Content from the Website, Section 101 will use reasonable efforts to cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate, provided however that should Section 101 incorporate any of your opinions, materials, ideas, concepts, submissions or recommendations into the Site or the Services (“Incorporated Content”), the license granted hereunder for the Incorporated Content shall be irrevocable, and Section 101 shall be under no obligation to remove any Incorporated Content. Section 101 does not assert any ownership over User Generated Content submitted by you; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with your User Generated Content, subject to the foregoing limited license.
You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with the User Generated Content submitted by you. By submitting User Generated Content, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company all rights, title and interest as set forth herein in and to such content. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify Section 101 and its customers from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the Company in connection with such Content, and any and all damages and liability relating thereto or arising therefrom, including without limitation reasonable attorneys’ fees.
You agree to release Section 101, its parents, partners, customers, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Website or the Services. If at any time you are not happy with the Website or the Services or object to any Content or any Forum, your sole remedy is to cease using them.
Limitation of Use. You agree that you will neither post on the Website nor submit to Forums any User Generated Content that:
Furthermore, you acknowledge and agree that you will not: (i) collect or store personal data about other users of the Website, including collecting user names or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Section 101, the Website, or its users; or (iii) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user.
The Digital Millennium Copyright Act of 1998 (“DMCA”). The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
(a) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to this Agreement, should be sent to:
Fridman Law Group, PLLC, 287 Spring Street, New York, NY 10013.
We strongly suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.
Trademarks. Section 101 and third party trademarks and service marks may or may not be designated as such from time to time on the Site through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines posted on the Site, whether or not designated by such symbols, including, but not limited to, as metatags or in any other fashion without the express prior written permission of the Company.
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration form ("Registration Info") and maintain and promptly update the Registration Info to keep it true, accurate, current and complete. You hereby authorize Section 101, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Info. Section 101 reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Section 101 cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.
You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Section 101 is not under any duty to inquire as to the authority or propriety of any instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Section 101 shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Section 101 harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the Website. The Company reserves the right to block access to the Website for any reason. You also agree to immediately notify Section 101 if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes.
For your protection, the Company may require the use of encryption technologies for certain types of communications conducted through the Website. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.
Availability. Not all of the products and Services offered through the Website are available in all geographic areas, and we reserve the right to restrict any user from purchasing any product or receiving any Service made available through the Website at any time, without notice. The information provided on the Website is not directed at, or intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject Section 101 or its affiliates to any registration requirement within such jurisdiction or country.
NO LIABILITY. IN USING THE WEBSITE AND THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD SECTION 101 OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, CONTENT AND SERVICES (OR ANY OTHER DATA OR LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE, FORUMS, THE SERVICES, THE CONTENT OR YOUR USE THEREOF, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER ACTION. SECTION 101 SHALL NOT BE LIABLE EVEN IF SECTION 101 OR AN AUTHORIZED REPRESENTATIVE OF SECTION 101 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM TOTAL LIABILITY OF SECTION 101, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS FOR ANY CLAIM OR ACTION RELATING TO THE SITE OR THE SERVICES SHALL BE LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES RECEIVED BY SECTION 101 FROM YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
Indemnification. You agree to indemnify, defend and hold harmless Section 101, its officers, directors, employees, consultants, agents and representatives from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees, costs and expenses) that result from, arise out of or are in anyway connected with your use of the Services or the Website, your breach of the terms of this Agreement, or your infringement, or infringement by any other person using your account, of any intellectual property or other right of Section 101 or any other person or entity. The terms of this Agreement will inure to the benefit of Section 101’s successors, assigns, licensors and licensees. The Services, the Website and all related products are designed for personal and legal uses only. It is your responsibility to comply with all federal, state and local laws, rules and ordinances when using the Services, the Website and any related products. You shall indemnify and hold harmless Section 101 and its officers, directors, employees, consultants, agents and representatives for any and all claims, actual or threatened, actions, damages, liabilities, costs and expenses (including reasonable attorneys' fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services, the Website, the Content and any related products and services. You covenant to cooperate fully in the defense of any claim.
Term & Termination. The term of this Agreement shall commence when you first visit the Website, view the Content or use the Services and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. Section 101 may, with or without cause, immediately terminate this Agreement without notice, and deny you access to the Website and the Services in its sole discretion. Without limiting the foregoing, Section 101 has the right to immediately terminate any passwords or accounts created by you in the event that you breach this Agreement or engage in conduct that Section 101, in its sole discretion, considers unacceptable. If this Agreement is terminated, you will no longer be authorized to access any areas of the Website or use the Services. Without limiting any other rights Section 101 has, you understand and acknowledge that Section 101, in its sole discretion, may pursue legal and equitable relief against you if you breach or threaten to breach this Agreement, without having to post bond or prove actual damages.
Changes. The Content, the Services, the Website and this Agreement are subject to change and updating by Section 101 and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of the Website constitutes your acceptance of any change or update, all of which shall become controlling when posted.
General. This Agreement set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign this Agreement without our explicit consent. You are responsible for any and all fees associated with gaining access to the Website, including without limitation the fees associated with the equipment necessary to access the internet and the fees charged by your internet service provider.
The Website is maintained by Section 101, LLC.
Please email us at email@example.com for more information.