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tellfred Terms of Use
ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING ANY MATERIAL ON THIS WEBSITE OR USING ANY OF THE SERVICES PROVIDED. BY ACCESSING ANY MATERIAL ON THIS WEBSITE OR USING ANY OF THE SERVICES PROVIDED, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, THAT YOU UNDERSTAND THE TERMS OF USE AND AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THIS WEBSITE OR ANY OF THE SERVICES PROVIDED.
The following terms and conditions govern all use of the tellfred.com website and all content, services and products available at or through the website, ("the Website"). The Website is owned and operated by tellfred. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, tellfred's Privacy Policy) and procedures that may be published from time to time on this Site by tellfred (collectively, the "Agreement").
1. Your tellfred.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not describe your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and tellfred may change or remove any description that it considers in its sole opinion to be inappropriate or unlawful, or otherwise likely to cause tellfred liability. You must immediately notify tellfred of any unauthorized uses of your account or any other breaches of security. tellfred will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you comment on an article ("Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
•the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
•if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
•you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
•You have the right and authority to enter into this Agreement;
•You have not entered into any contractual arrangement that would prohibit you from entering into this Agreement;
•the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
•the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
•the Content is not obscene, libelous, hateful, defamatory, threatening or racially or ethnically objectionable, does not violate the privacy or publicity rights of any third party, does not encourage conduct that would be a criminal offense, violate any law, or is otherwise inappropriate; and
•you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by tellfred or otherwise.
By submitting Content to tellfred for inclusion on the Website, you grant tellfred a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you ask tellfred to delete Content, and tellfred accepts, tellfred will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, tellfred has the right (though not the obligation) to, in tellfred's sole discretion (i) refuse or remove any content that, in tellfred's reasonable opinion, violates any tellfred policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in tellfred's sole discretion.
3. Responsibility of Website Visitors. tellfred has not reviewed, and cannot review, all of the comments posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, tellfred does not represent or imply that it endorses the comments there posted, or that it believes such comments to be accurate, useful or non-harmful. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. tellfred disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which tellfred.com links, and that link to tellfred.com. tellfred does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non-tellfred website or webpage, tellfred does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. tellfred disclaims any responsibility for any harm resulting from your use of non-tellfred websites and webpages. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5. Copyright Infringement and DMCA Policy. As tellfred asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by tellfred.com violates your copyright, you are encouraged to notify tellfred. tellfred will attempt to respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of tellfred or others, tellfred may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, tellfred will have no obligation to provide a refund of any amounts previously paid to tellfred.
If you are a copyright owner or an agent thereof and believe that any Content or other material of this Website infringes upon your copyrights, you may submit a notification by providing our Copyright Agent with the following information in writing: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and email address; (v) a written 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; (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. tellfred's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, tellfred, email: tellfredtellfred@gmail.com.
6. Intellectual Property. This Agreement does not transfer from tellfred to you any tellfred or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with tellfred. tellfred, tellfred.com, the tellfred logo, and all other trademarks, service marks, graphics and logos used in connection with tellfred.com, or the Website are trademarks or registered trademarks of tellfred or tellfred's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any tellfred or third-party trademarks.
7. Changes. tellfred reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. tellfred may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Termination. tellfred may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your tellfred.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties. The Website is provided "AS IS." tellfred and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither tellfred nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous, uninterrupted or error-free. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
10. Limitation of Liability. In no event will tellfred, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to tellfred under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. tellfred shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the tellfred Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
12. Indemnification. You agree to indemnify and hold harmless tellfred, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of (i) your use of the Website; (ii) your violation of any term of the Agreement; (iii) your violation of any third party right, including but not limited to, any copyright, property, privacy right or intellectual property right; or (iv) any claim that one of your Content caused damage to a third party. This indemnification obligation will survive the Agreement and your use of the Website.
13. Miscellaneous. This Agreement constitutes the entire agreement between tellfred and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of tellfred, or by the posting by tellfred of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Wisconsin, U.S.A. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Milwaukee, Wisconsin, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. tellfred may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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