The Terms govern your use of all content, tools and services available through Web100.com. We may amend these Terms at any time without notice to you by posting amended Terms on our website. All amended terms will automatically become effective for existing users 30 days after they are initially posted on our website, and will be effective immediately for users registering after amendments are posted.
By using or visiting Web100.com, you (“you,” the “User” or the “Contributor”) expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing this site, including any modifications that we make. You should visit this page periodically to review the Terms, because they are binding on you and may change without notice.
Web100.com is an online content and services destination. The site consists of a mix of digital media and written content provided by Web100.com, our users and our partners (together, the “Content”).
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on Web100.com (“Your Content”). The following materials are prohibited:
• Copyrighted material and trademarks that are used without the express permission of the owner
• Advertisements, promotions, solicitations or offers to sell any goods or services for any commercial purpose unless you have Web100.com ’s written consent to do so
• Pornographic, sexually explicit or obscene Content
• Content that exploits children or minors
• Content that discloses or contains any personally identifying information beyond a first name about any person who appears to be under the age of 18
• Content that includes private, confidential information
• Content that we have reason to believe was posted for malicious purposes, including libel, slander, defamation or harassment
• Content that may be deemed grossly offensive to the Web100.com community, including, but not limited to, blatant expressions of bigotry, prejudice, racism, hatred or profanity
• Content promoting or providing instructional information about illegal or illicit activities
You certify that you own all intellectual property rights in Your Content. You hereby grant us a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works from, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content. Web100.com is permitted to use Your Content for any purpose, including (i) displaying Your Content on our sites; (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it; and (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
Any of the trademarks, service marks, collective marks, design rights, personality rights or similar rights that are mentioned, used or cited on Web100.com are the property of their respective owners. Unless otherwise stated, Web100.com and Web100.com sites are neither endorsed nor affiliated with any of the holders of any such rights. Web100.com cannot grant any rights to use any otherwise protected materials. Your use of any such intellectual property is at your own risk.
Use of Web100.com Content
The information on Web100.com is intended for informational purposes only. Web100.com does not vet all of the information provided by contributors to the site. Web100.com does not guarantee your safety if you follow the advice contained in any of the information provided. Subject to applicable law, use of Web100.com and its content, including but not limited to, use of tips and suggestions, is at your sole risk.
Web100.com authorizes you to view and download a single copy of the material on Web100.com solely for your personal, noncommercial use. The Content of Web100.com, such as text, graphics, images, logos, button icons, and software, is protected under United States and foreign copyright, trademark and other laws. All Content is the property of Web100.com or its content suppliers, vendors and clients. The compilation (meaning the collection, arrangement and assembly) of all Content on Web100.com is the exclusive property of Web100.com and is protected by U.S. and international copyright laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Content on any copy you make of the Content. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of Web100.com’s Content.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, WEB100.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, SPECIAL AND PUNITIVE DAMAGES, INCLUDING LOST PROFITS.
Compliance with the Digital Millennium Copyright Act (DMCA)
Web100.com respects the intellectual property of others. It is Web100.com’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. Web100.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Web100.com may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity; Web100.com may also act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Web100.com will terminate access for subscribers and account holders who are repeat infringers.
To provide Web100.com notice of an infringement, you must send an email with the subject line “DMCA Infringement Notification” to email@example.com. The email must set forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Web100.com with a counter-notification by email an email with the subject line “DMCA Infringement Notification” sent to firstname.lastname@example.org. The email must set forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
No formal peer review
Web100.com’s user-generated content is not uniformly peer reviewed; while readers may correct errors or engage in casual peer review, they have no legal duty to do so. Even information that has been vetted by informal peer review or Web100.com editors may later have been edited inappropriately.
ALL INFORMATION ON THIS SITE IS PROVIDED “AS IS.” WEB100.COM DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OR TRADE.
None of the authors, contributors, sponsors, administrators, sysops, or anyone else connected with Web100.com can be responsible for the appearance of any inaccurate or libelous information or for your use of the information contained in or linked from these web pages.
Quality of Content
You may be exposed to content that you find offensive, indecent, or objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable. We may also edit content for any reason we deem necessary or desirable.
Information is not endorsed by Web100.com
User-contributed content does not reflect the views of Web100.com or its employees, officers, directors, shareholders or members. Web100.com does not assume responsibility or liability for any information or for any claims, damages, or losses resulting from any use of the site or the materials contained therein.
Web100.com disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Web100.com users, advertisers, and sponsors on the site, in connection with the site, or otherwise related to your use of the site. Web100.com is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the site. Without limiting the foregoing, you may report the misconduct of users, third-party advertisers, service providers or product providers referenced on or included in the site; any such misconduct should be reported to email@example.com. Web100.com may investigate the claim and take appropriate action, at its sole discretion.
Although Web100.com cannot monitor the conduct of its users off the site, it is a violation of these rules to use any information obtained from this site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to users without their explicit prior consent.
Violation of Terms
You agree that monetary damages may not provide a sufficient remedy to Web100.com for violations of these Terms and you consent to injunctive or other equitable relief for such violations.
You hereby agree to indemnify, defend and hold Web100.com and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the “Web100.com Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys’ fees) incurred by any Web100.com Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity or privacy, copyright infringement, or trademark infringement arising out of the following activities:
1. Your use of our sites;
2. Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
3. The content, the quality, or the performance of content that you submit to our sites;
4. Your connection to our sites;
5. Your violation of these Terms; or
6. Your violation of the rights of any other person or entity.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
If there is any dispute about or involving the site, you, by using the site, agree that the dispute will be governed only by the laws of the State of New York without regard to the conflict-of-law principles. You agree to personal jurisdiction by and venue in the state and federal courts only of the State of New York, City of New York (Manhattan).
We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITES. OUR SITES AND THEIR CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITES WILL MEET YOUR REQUIREMENTS, (ii) OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITES WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
III. CONTACT DETAILS
These Terms of Service are effective as of May 19, 2009.