Lilith Service User Agreement
(c) 2013 Lilith Publications Inc. All Rights Reserved.
1. Subject to any existing written agreement between you and Lilith, by continuing to use the Site, or by submitting content for publication on the Site, you agree to abide, and that you are bound, by these Terms and Conditions. Lilith reserves the right to change these Terms and Conditions at any time, and you agree (including by virtue of your continued use of the Site) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the Site shall be subject to these Terms and Conditions.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITIES
2. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, WE DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED WITH USE OF THE SITE. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
4. The Site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles, market data, stock quotes or other information created by Lilith or by third-parties. Due to the number of sources from which content on the Site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. Accordingly, such content, including market data, is for your reference only and should not be relied upon by you for any purpose. Such content is not intended for the purpose of tax or investment advice and it does not advocate the purchase or sale of any security or investment. Information created by third parties that you may access on the Site or through links is not adopted or endorsed by Lilith and remains the responsibility of such third parties.
5. Lilith is not responsible for the availability or content of other services that may be linked to the Site. Because Lilith has no control over such services, you acknowledge and agree that Lilith is not responsible for the availability of such external services, and that Lilith does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services. You further acknowledge and agree that Lilith 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 the use of or reliance on any content, goods or services available on or through such services.
USER REPRESENTATIONS AND WARRANTIES
7. In connection with each of your submissions and posting on the site, you affirm, represent and warrant that: (i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize Lilith to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by Lilith and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by Lilith and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Lilith all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Lilith or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, abusive, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business or funds. Lilith reserves the right to remove or not publish submissions without prior notice. You understand that when you submit Content in any form to the Site, Lilith may authorize such Content to be distributed or syndicated to or published on other environments and in other mediums.
8. By posting any content, you represent and warrant that (a) you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, or (b) that such content is in the public domain or that your use of such content constitutes fair use. You further represent and warrant that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.
TERMINATION, SUSPENSION OR MODIFICATION OF SERVICE
9. Lilith reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Lilith shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site. In addition, Lilith reserves the right to terminate your access to the Site for any reason, and to take any other actions that Lilith, in its sole discretion, believes to be in the interest of Lilith and its users as a whole.
11. The Site, including, without limitation, all text, photographs, graphics, video and audio content (“Content”) contained on the Site, is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and Lilith (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has all rights therein. All individual articles, blogs, videos, Content and other elements comprising the Site are also copyrighted works, and Lilith (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has all rights therein. You must abide by all additional copyright notices or restrictions contained on the Site.
12. Lilith has been specially designed for presentation of content in a unique format and appearance to our users. We are concerned about the integrity of our Services when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Services. Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright that has not been authorized by us.
13. Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Site or any Content thereon, except as permitted under the last sentence of this Section 4(a) and except that you may make one printed copy that is limited to occasional articles of personal interest only for non-commercial use. Without limiting the generality of the foregoing (but subject to the last sentence of this Section), you may not distribute any part of this Site or any Content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Just as Lilith from time to time may excerpt materials from other sources in order to support the various commentaries and writings contained herein, Lilith respects the right of others to make “fair use” of the materials contained on the Site; accordingly, you may from time to time excerpt and use materials set forth on this Site consistent with the principles of “fair use” under U.S. Copyright Law
14. By posting or submitting Content on or to the Site, regardless of the form or medium with respect to such Content, you are giving Lilith, and its affiliates, agents and third-party contractors, the right to display or publish (either in the form or medium submitted or in the form of a derivative or adapted work in any medium, now known or later developed) such Content on the Site and its affiliated publications, to store such Content, and to distribute such Content and use such Content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to Lilith made by you, you understand and agree that Lilith may, or may permit users to, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and you shall have no rights with respect thereto and Lilith or its licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
15. If you are a copyright owner or agent thereof and believe that any Content on the Site infringes upon your copyright, please submit notice (“Notice”), pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512 (c)) by e-mail to firstname.lastname@example.org with all of the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and e-mail address; (v) a 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 (vi) 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. Upon receipt of proper notification of claimed infringement, Lilith will follow the procedures outlined herein and in the DMCA.Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
16. Repeat Infringers – In accordance with Section 512(i)(1)(a) of the DMCA, Lilith will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
17. Accommodation of Standard Technical Measures – It is Lilith’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that the Lilith determines are reasonable under the circumstances.
DISCLAIMER REGARDING LINKS TO OTHER INTERNET SITES AND RESOURCES
18. The Website may link to other Internet sites and resources, including to the websites operated by sponsors, advertisers and other third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by the Website, or by Lilith Publications or its affiliates of such third-party websites, but is for your reference and convenience only. We are not responsible for the availability of these outside resources, or their contents (including the accuracy thereof), and accordingly, you should direct any concerns regarding any link or other website to the site administrator or webmaster of such site. Linking to any third party websites is at your own risk and subject to the terms and conditions of use of such third party websites.
20. The Website contains advertisements by third parties. Unless otherwise specifically stated on the Website, Lilith Publications does not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Website.
ERRORS AND INACCURACIES
21. Lilith Publications tries to be as accurate as possible in all Content that we publish on this Website. Unfortunately, it is not possible to ensure that any Website is completely free of human or technological errors. This Website may contain typographical mistakes, inaccuracies, errors or omissions, some of which may relate to Content on this Website and Lilith Publications does not warrant or guarantee that such Content is accurate, complete, reliable, current, or error-free. Lilith Publications reserves the right to correct any typographical mistakes, inaccuracies, errors or omissions at any time without prior notice.
22. The Website may also offer some social networking opportunities through the ability to post, chat or participate on a “blog” with other users on and through the Website. Any posting to the Website will be publicly viewable, and your identity may be discovered by other users. We cannot vouch for the safety of offline meetings of individuals you meet through the Website, and such meetings are held at your sole risk and liability. Furthermore, you are advised to be careful about divulging personally identifying information about yourself, including but not limited to your telephone number(s), street addresses, URLs or email addresses publicly on the Website. If you do provide this information on the Website or to a third party who you met through the Website, it is at your sole risk. In addition, if you choose to submit information to the Website in an area that requires that your real identity be disclosed, you do so at your sole risk and liability.
DISCLAIMER AS TO OPINIONS AND STATEMENTS EXPRESSED BY LILITH’S CONTENT CONTRIBUTORS
23. Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Lilith. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute Content through the Site, Lilith is not undertaking any obligation or liability relating to the Content. Lilith and its affiliates, successors, assigns, employees, agents, directors, officers, board members and shareholders do not undertake or assume any duty to monitor the Site for inappropriate or unlawful Content. Lilith and its affiliates, successors, assigns, employees, agents, directors, officers, board members and shareholders assume no responsibility or liability which may arise from the Content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation. Notwithstanding the foregoing, Lilith reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
24. You agree to indemnify and hold harmless Lilith and its affiliates, and their respective members, directors, officers, board members, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. Lilith reserves the right to take over the exclusive defense of any claim for which Lilith is entitled to indemnification under this Section 6. In such event, you shall provide Lilith with such cooperation as is reasonably requested by Lilith
COMPULSORY DISCLOSURE OF USER INFORMATION
25. You agree that in the event Lilith receives a subpoena issued by a court or from a law enforcement or government agency, Lilith shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
PARENTAL NOTICE AND MINIMUM AGE REQUIREMENT:
26. Pursuant to 47 U.S.C. Section 230(d) as amended, Lilith hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).
27. You must be 13 years of age or older to post any content on this Site.
28. Lilith reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing the Terms. Your continued use of the Site and Services constitutes your agreement to all such Terms.
SCOPE OF TERMS
29. The Terms apply to use of and contribution to the Site and any account provided therefore. Lilith may operate additional projects or services that require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.
NO WAIVER OF TERMS
30. Failure of Lilith to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
GOVERNING LAW AND ENTIRE AGREEMENT
31. These Terms and Conditions shall be governed by the laws of the United States and the State of New York, applicable to agreements made and to be performed therein without regard to conflict of laws principles. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving New York County, New York in the event of any dispute of any kind arising from or relating to the Site or Services, or your use or review of it. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.The caption to each Section of these Terms and Conditions is for convenience of reference only and shall be ignored in the construction or interpretation hereof.
32. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.