Effective Date: October 26, 2009
INFORMATION ON THE SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL, MEDICAL, LEGAL, FINANCIAL, OR INVESTMENT ADVICE. Click here for more on how to use the information on the Site.
1. DESCRIPTION OF SITE.
The Site may include articles, images, videos and other content. These Terms govern your use of the Site.
2. MODIFICATIONS TO TERMS
3. CONTENT; MODIFICATIONS TO SITE; SUBMISSIONS
3.1 Content Protected by Intellectual Property Rights. For purposes of these Terms, "Content" means tools, applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, works of authorship and other material. Any Content available through the Site ("Site Content") is protected by the intellectual property rights of Demand Media or its licensors.
3.2 Modifications. We reserve the right to modify or discontinue, and restrict or block access to, the Site without notice to you.
3.3 User Ideas. When you submit ideas, suggestions, or proposals (collectively, "Ideas") to Demand Media, you represent, warrant, and agree that: (a) your Ideas do not include confidential or proprietary information, you have all necessary rights to submit them to us and that they do not and will not infringe or violate any third party rights of any kind; (b) if we so choose, we may use and disclose your Ideas in any way; and (c) we have no obligation to pay or reimburse you for your Ideas or our use of your Ideas. You also acknowledge that (i) Demand Media may have already created, or be in the process of creating, content that may be substantially similar to your Ideas at the time you submit those ideas to us, and (ii) elements of your Ideas may not be subject to protection under copyright law.
4. PROHIBITED CONDUCT
You must not do, or attempt to do, any of the following, as reasonably determined by Demand Media, subject to applicable law:
4.1 access or use the Site in any way that is not in compliance with any applicable local, state, national or international law (including export laws), contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful, or in violation of these Terms;
4.2 access, tamper with, "hack," or use services or areas of the Site that you are not authorized to access;
4.3 use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information available from the Site;
4.4 frame any part of the Site or otherwise make it look like you have a relationship to us or that we have endorsed you;
4.5 impersonate or misrepresent your affiliation with any person or entity;
4.6 reverse engineer any licensed software, application or any other aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site;
4.7 send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient; or
4.8 take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.
5. PROTECTION OF CONTENT
5.1 Limited License by Demand Media to You. You must respect the intellectual property laws protecting our Site. We grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license, under the rights Demand Media has in the Site Content, to privately display and perform the Site Content on your computer.
5.2 Reservation of Rights. On its own behalf and the behalf of its licensors, Demand Media reserves all rights in the Site Content not expressly granted in this Section 5. Except as expressly stated in this Section 5, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any Site Content, without prior written consent from Demand Media or other third-party owner of the rights in that Site Content (if any). Demand Media and its affiliates and licensors own all right, title and interest in and to the Site and the Site Content.
7. TERMINATION OR CANCELLATION
7.1 Right to Terminate. Notwithstanding anything in these Terms to the contrary, we may, at any time, without notice to you, terminate your access to the Site or block your access to the Site if we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Demand Media - or any other person.
7.2 Notice of Termination. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.
8. DEALINGS WITH MERCHANTS; LINKS
8.2 Transactions with Third Parties. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Site, including "click to purchase," "co-registration," and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
You agree to hold Demand Media and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, independent contractors, licensors, experts, content providers, advisors, vendors and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site; (ii) your violation of these Terms, and any applicable law or the rights of another person or party; and (iii) any dispute you have related to any merchant or advertising found on or through the Site.
10.1 THE SITE DOES NOT PROVIDE MEDICAL, FINANCIAL OR LEGAL ADVICE. THE SITE IS FOR GENERAL CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE SITE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT OR PROFESSIONAL LEGAL, FINANCIAL OR INVESTMENT ADVICE.
10.2 NO ENDORSEMENT. DEMAND MEDIA DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PROFESSIONALS, ADVISORS, EXPERTS, INVESTMENTS, FINANCIAL PRODUCTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE. RELIANCE ON ANY INFORMATION PROVIDED BY DEMAND MEDIA, DEMAND MEDIA EMPLOYEES, OTHERS APPEARING ON THE SITE AT THE INVITATION OF DEMAND MEDIA, OR OTHER VISITORS TO THE SITE IS SOLELY AT YOUR OWN RISK.
10.3 YOU ACCEPT THE SITE "AS-IS". DEMAND MEDIA PROVIDES THE SITE "AS IS" AND "AS AVAILABLE." ALL USE OF THE SITE IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF DEMAND MEDIA AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, VENDORS, SUPPLIERS, ADVERTISING PARTNERS (e.g., PROVIDERS OF DISPLAY, VIDEO, IN-TEXT AND ALL OTHER ADVERTISING), MONETIZATION PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, INDEPENDENT CONTRACTORS, EXPERTS, CONTENT PROVIDERS, OR ADVISORS, AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE "DEMAND MEDIA RELEASEES") MAKES ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED IN THE SITE; OR (II) THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. EACH OF THE DEMAND MEDIA RELEASEES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE DEMAND MEDIA RELEASEES ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF THE DEMAND MEDIA RELEASEES EXCEED IN TOTAL, $100.
12. COPYRIGHT INFRINGEMENT/DMCA/TRADEMARK
12.1 Demand Media respects the intellectual property rights of others. If you believe that your work is being used on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
12.1.1 the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
12.1.2 identification of the copyrighted work that you claim has been infringed;
12.1.3 identification of the material that is claimed to be infringing and information reasonably sufficient to permit Demand Media to locate the material (for example, by providing a URL to the material);
12.1.4 your name, address, telephone number, and email address;
12.1.5 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
12.1.6 a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.
12.2 Our designated agent to receive notification of claimed infringement can be reached at:
15801 NE 24th Street
Bellevue, WA 98008
(425) 974-4780 (fax)
12.3. Demand Media has no bad faith intentions to "cyber squat" trademarks or confusingly similar business names. The domain name of this Site is believed to be generic and/or descriptive in nature. If you believe you have legitimate trademark rights in the domain name of this Site, please immediately contact our legal department by mailing a notice to our address for Legal Notices set forth in Section 13 below. You must include a copy of your government issued trademark documentation as well as the information required under Section 12.1, 12.1.1 through 12.1.6. Your trademark claim will only be evaluated if the required trademark documentation is attached and the required information is provided.
12.4 Demand Media may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright or trademark infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond or otherwise address such complaint.
13. NOTICES AND CONTACT INFORMATION
Except as otherwise provided in these Terms, we will give you any notices by posting them on the Site. You also authorize us to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to the email address that we have on record for you. You must check the Site for notices, and you will be considered to have received a notice when it is made available to you by posting on the Site or when sent by us via electronic mail, whether or not received by you. We may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by us to the address that you have most recently provided is effective notice. You must send us any legal notice by mailing it to our address for Legal Notices which is: Demand Media, Inc., 15801 NE 24th Street, Bellevue, WA, 98008, U.S.A., Attn: Legal Department.
14. CALIFORNIA LAW; ONE YEAR TO BRING CLAIMS; ADDITIONAL TERMS
14.1 Agreement to Conduct Transactions Electronically. All of your transactions with or through the Site may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, the Site will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the law allows you to withdraw this consent or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of the Terms and any other contract or disclosure that we are required to provide to you.
14.2 Compliance with Laws. You are responsible for compliance with applicable local laws. Access to the Site and/or Site Content by certain persons or in certain countries may not be legal.
14.3 No Agency; No Third Party Beneficiary. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Demand Media Releasees, there are no third party beneficiaries of these Terms.
14.4 Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
14.5 Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without our express written permission. Any attempt by you to assign, transfer or delegate these Terms without our express written permission will be null and void. We have the right to transfer, assign and delegate these Terms to one or more third parties without your permission.
14.6 Jurisdiction; Choice of Law; Export Limitations. The Site is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms. These Terms and all performances and claims of every nature between us are governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Demand Media submit to the exclusive personal jurisdiction and venue of the state and federal courts located within Los Angeles County, California.
14.7 Limitations on Actions. Any action concerning any dispute with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
14.8 Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words "include" and "including" are meant to be illustrative and not exhaustive.
14.10 No Waiver; Cumulative Remedies. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party's right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records. Remedies provided by these Terms are cumulative and do not affect the availability of remedies under applicable law.
If you have a complaint, you may contact us at Legal Department, 15801 NE 24th Street, Bellevue, WA 98008, U.S.A. If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Dept. of Consumer Affairs may be contacted at 400 R Street, Sacramento, CA 95814 or (800) 952-5210.
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
YOU MAY VIOLATE FEDERAL LAW IF YOU: (1) INITIATE THE TRANSMISSION TO DEMAND MEDIA COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
NOTICE RE TRADEMARKS
The trademark Demand Media and all other trademarks used in the Site are owned or used under license by Demand Media, Inc. and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Site or in any Site Content. All rights are reserved.