1.1 Welcome to the family of Web sites, services and software provided to you by Six Apart Ltd. ("we" "us" "our" or "Six Apart").
2. REGISTRATION, ACCOUNT INFORMATION AND SECURITY
2.1 When you register to use Six Apart's Sites, Services or Software, you must provide true, accurate, current and complete information about yourself and maintain and promptly update your account information to keep it true, accurate, current and complete.
2.2 You are responsible for maintaining control over access to your account, including the confidentiality of your account log-in and password, and are responsible for all activities that occur on or through your account, whether authorized by you or not. Six Apart will not be liable for any loss or damage arising from your failure to maintain control over access to your account.
3. USER-SUBMITTED CONTENT AND CONTENT LICENSES
3.1 Six Apart does not claim ownership over the content you post on or through Six Apart's Sites, Services or Software. After posting your content, you continue to retain your ownership of your content and you continue to have the right to use and license your content in any way you choose. But by using Six Apart's Sites, Services or Software, you are granting Six Apart a nonexclusive, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your content, subject to any restrictions on such distribution which you may implement through any content distribution controls provided to you by Six Apart as part of Six Apart's Sites, Services or Software. This license ends when you delete your content or your account (except to the extent that your content has been shared with others or syndicated to third parties and they have not deleted it). You may always decline to submit content to Six Apart, but please be aware that your decision may prevent you from being able to use all or portions of Six Apart's Sites, Services or Software.
3.2 You acknowledge that Six Apart does not pre-screen user-submitted content, but that Six Apart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any user-submitted content that is available via Six Apart's Sites, Services or Software.
3.3 You will evaluate, and bear all risks associated with, the use of any user-submitted content, including any reliance on the accuracy, completeness, or usefulness of such content and you understand that all user-submitted content is the sole responsibility of the person from which such content originated. This means that you, and not Six Apart, are entirely responsible for all content that you upload, post, transmit or otherwise make available via Six Apart's Sites, Services or Software. Six Apart does not control the user-submitted content posted via Six Apart's Sites, Services or Software and, as such, does not guarantee the accuracy, integrity or quality of such content.
3.4 You understand that by using Six Apart's Sites, Services or Software, you may be exposed to user-submitted content that is offensive, indecent or objectionable. Under no circumstances will Six Apart be liable in any way for any user-submitted content, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content.
3.6 The technical processing and transmission of Six Apart's Sites, Services or Software, including user-submitted content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
4. USE SIX APART'S SITES AND MATERIALS
4.1 You may not use, frame or utilize framing techniques to enclose any Site, or any individual element or materials within any Site, without Six Apart's express written consent.
4.2 You may not use any circumvention tools, meta tags or any other "hidden text" utilizing Six Apart's name or any of its trademarks, service marks, URLs, service names or product names without Six Apart's express written consent.
4.3 All materials transmitted or published by Six Apart on this Site which are owned or controlled by Six Apart, its subsidiaries or affiliated companies (collectively "Six Apart Materials") are protected by United States and international copyright laws. Any copying, uploading, reproduction, transmittal, modification or redistribution of, or the creation of derivative works based on, Six Apart Materials without Six Apart's express written consent is strictly prohibited.
5. CANCELLATION AND TERMINATION
5.3 After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and content in your account or that you have stored on Six Apart's Sites, Services or Software may be deleted by Six Apart. Six Apart will have no liability for information or content that is deleted due to the cancellation or termination of your account for any reason.
6. INTERSTATE AND INTERNATIONAL USE
6.1 In using Six Apart's Sites, Services or Software to send electronic communications, and as a result of Six Apart's network architecture and business practices and the nature of electronic communications in general, you acknowledge that your communications may constitute interstate or international communications and/or data transmissions regardless of where you are physically located at the time of transmission.
6.2 Six Apart's Sites and Services are hosted in the United States. If you use Six Apart's Sites or Services from outside of the United States, you are voluntarily transferring information (potentially including personally-identifiable information) and content to the United States and agreeing that Six Apart's collection, use, storage and sharing of your information and content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located.
6.3 You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.
7. ADVERTISING AND ADVERTISERS
7.1 Six Apart's Sites, Services or Software may include advertisements, which are necessary for Six Apart to provide the Sites, Services and Software.
7.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Six Apart's Sites, Services or Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Six Apart will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Six Apart's Sites, Services or Software.
8.1 Six Apart's Sites, Services or Software may provide, or third parties may provide, links to other content, products, services or Web sties which are not owned or operated by Six Apart. Because Six Apart has no control over such content, products, services or Web sties, Six Apart is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Six Apart will 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, services or Web sties.
10. RESALE OF SIX APART'S SITES, SERVICES OR SOFTWARE
10.1 You will not reproduce, duplicate, copy, sell, resell or exploit any portion of, use of or access to Six Apart's Sites, Services or Software without the express permission by Six Apart.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
11.1 Six Apart may establish general practices and limits concerning use of Six Apart's Sites, Services or Software and may modify such practices and limits from time to time.
12. MODIFICATIONS TO SIX APART'S SITES, SERVICES OR SOFTWARE
12.1 Six Apart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Six Apart's Sites, Services or Software (or any part thereof) with or without notice at any time. You agree that Six Apart will not be liable to you or to any third party for any modification, suspension or discontinuance of Six Apart's Sites, Services or Software.
13. CONFIDENTIAL INFORMATION AND PROPRIETARY RIGHTS
13.1 Six Apart's Sites, Services or Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through Six Apart's Sites, Services or Software or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the right holder, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on Six Apart's Sites, Services or Software or any advertiser's content, in whole or in part.
14. DISCLAIMER OF WARRANTIES
14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF SIX APART'S SITES, SERVICES OR SOFTWARE IS AT YOUR SOLE RISK. SIX APART'S SITES, SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIX APART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SIX APART WILL MAKE REASONABLE EFFORTS TO MAINTAIN ITS SITES, SERVICES AND SOFTWARE, HOWEVER, SIX APART IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO SIX APART'S SITES, SERVICES OR SOFTWARE, OR OTHER INTERACTION WITH SIX APART'S SITES, SERVICES OR SOFTWARE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON SIX APART'S SITES, SERVICES OR SOFTWARE. SIX APART DOES NOT WARRANT THAT (i) ITS SITES, SERVICES AND SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) ITS SITES, SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS SITES, SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SIX APART'S SITES, SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN SIX APART'S SITES, SERVICES OR SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SIX APART'S SITES, SERVICES OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK. 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.
15. LIMITATION OF LIABILITY
15.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIX APART WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIX APART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SIX APART'S SITES, SERVICES OR SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SIX APART'S SITES, SERVICES OR SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH SIX APART'S SITES, SERVICES OR SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO SIX APART'S SITES, SERVICES OR SOFTWARE.
15.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
16. U.S. GOVERNMENT RESTRICTED RIGHTS
16.1 If you are an agency of the United States Government, each of Six Apart's Sites, Services and Software is a "Commercial Item," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the United States Government (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All unpublished rights are reserved under the copyright laws of the United States. For purpose of any public disclosure provision under any law, it is agreed that Six Apart's Sites, Services or Software are trade secrets and proprietary commercial products and not subject to disclosure.
18. COPYRIGHT INFRINGEMENT
18.1 Copyright Infringement Notices. If you believe that material on any of Six Apart's Sites, Services or Software violates your copyright, you may send Six Apart a copyright infringement notice. Section 512(c) of the Copyright Act requires that your notice must be in writing and must include substantially all of the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Six Apart to locate the material. Six Apart requests that complete URLs for each instance of the allegedly infringing material be provided.
4. Information reasonably sufficient to permit Six Apart to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your written copyright infringement notice must be sent to Six Apart's designated copyright agent via mail, fax or email. Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if you send your notice via email. Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
18.3 Removing or Disabling Access to Material. After receipt of a valid copyright infringement notice meeting the requirements of Section 512(c) of the Copyright Act, Six Apart is required to:
1. Expeditiously remove or disable access to the material that is alleged to be infringing.
2. Take reasonable steps to promptly notify the affected account holder that Six Apart has removed or disabled access to the material from his or her account.
18.4. Counter Notification. If material from your account has been removed or disabled by Six Apart after it receives a valid copyright infringement notice meeting the requirements of Section 512(c) of the Copyright Act, you may ask that the material be restored by sending Six Apart a counter notification. Section 512(g) of the Copyright Act requires that your counter notification must be in writing and must include substantially all of the following:
1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. Six Apart requests that complete URLs for each instance of the affected material be provided.
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Six Apart may be found, and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Your written counter notification must be sent to Six Apart's designated copyright agent via mail, fax or email. Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if you send your counter notification via email. Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
18.5 Restoring Material. After receipt of a valid copyright infringement notice meeting the requirements of Section 512(g) of the Copyright Act, Six Apart is required to:
1. Promptly provide the person who provided the copyright infringement notice with a copy of the counter notification, and inform that person that Six Apart will replace the removed material or cease disabling access to it in 10 business days.
2. Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless Six Apart's designated copyright agent first receives notice from the person who submitted the copyright infringement notice that such person has filed an action seeking a court order to restrain the account holder from engaging in infringing activity relating to the material on Six Apart's system or network.
18.6 Copyright Abuse Policy. Six Apart will terminate, in appropriate circumstances, account holders of Six Apart's system or network who are repeat copyright infringers.
18.7 Designated Copyright Agent.
Six Apart Ltd.
548 4th Street
San Francisco, California 94107
Fax: (415) 344-0829
The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through Six Apart's Sites, Services or Software. The Copyright Agent will not respond to any other inquiries.
Last updated January 22, 2010
Copyright © 2003, 2005, 2009, 2010 Six Apart Ltd. All rights reserved.