STRATEGYMAGAZINE.COM Terms of Use
Revised and posted as of: September 30, 2007
LEGAL NOTICE, DISCLAIMER, AND TERMS OF USE
This site is operated by Strategy Magazine, LLC. ("Strategy"). Access to and use of this World Wide Web site is provided subject to these terms and conditions.
PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
These terms may be modified from time to time without notice to you. You are responsible for checking these terms periodically for changes. Your continued use of the Strategymagazine.com Web site constitutes your acceptance of the modified terms and conditions.
USE OF MATERIAL ON THE STRATEGYMAGAZINE.COM WEB SITE
The information, artwork, text, video, audio, or photographs (collectively, "Materials") contained on the Strategymagazine.com Web site are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes. You may not modify or use the Materials for any other purpose without Strategy´s express written consent. Except as provided below, you may not reproduce, republish post, transmit, publicly perform, publicly display or distribute any Materials on the Strategymagazine.com Web site.You may print Materials on the Strategymagazine.com Web site for personal or educational purposes only, and you must include any copyright notice originally included with the Materials in all copies.Any computer software downloadable or otherwise available from the Strategymagazine.com Web site is licensed subject to the terms of the applicable license agreement. Any services purchased or otherwise made available from the Strategymagazine.com Web site are licensed under the terms of the applicable terms of service agreement. The Materials included on the Strategymagazine.com Web site have been compiled from a variety of sources, and are subject to change without notice.
THIRD PARTY COPYRIGHT NOTICE
Strategymagazine.com contains text, photo, graphic, audio and/or video material licensed from several third party content providers ("Third Party Content"). Third Party Content shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither Third Party Content, nor any portion thereof, may be stored in a computer except for personal or non-commercial use. Neither Strategy nor any third party content provider will be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
SITES LINKED FROM THE STRATEGYMAGAZINE.COM WEB SITE
The sites linked from the Strategymagazine.com Web site are not under Strategy's control, and Strategy does not assume any responsibility or liability for any communications or materials available at such linked sites. Links on the Strategymagazine.com Web site are not intended to be referrals or endorsements of the linked entities; they are provided for convenience only. You are solely responsible and liable for any interactions you may have with any such linked entities, their sponsors and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. Strategy shall not be responsible or liable for any part of any such interactions.
FRAMING OR LINKING TO THE STRATEGYMAGAZINE.COM WEB SITE
You may not link to or frame the Strategymagazine.com Web site without obtaining the express written consent of Strategy.
REGISTRATION
You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the "Account Information"). You agree to update your Account Information in order to keep such information current. During the registration process, you will create a password and a user name. Once you have completed the registration process, we will set up a profile for you. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your profile.
PUBLIC FORUMS
"Forums" mean any chat area, poll, bulletin board, e-mail or other interactive function offered as a part of the Strategymagazine.com Web site. All information, advice, files, links, communications or other materials posted by you ("User-Supplied Materials") to any Forum shall be your responsibility.
You shall not post or transmit via any Forum any User Supplied Materials which infringe a third party's rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue harassing, libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable. You shall use the Strategymagazine.com Web site for lawful purposes only.
The Forums shall be used only in a noncommercial manner. You shall not, without Strategy's express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services. By submitting User-Supplied Materials to any Forum, you grant, or warrant that the owner of any such User-Supplied Materials has expressly granted, to Strategy a royalty-free, non-exclusive, perpetual, right and license to use, reproduce, modify, publish, and distribute all such User-Supplied Materials and/or to incorporate such materials in other works in any form, media, technology now known or later developed and to sublicense any and all such rights to third parties.
Strategy shall have the right, but not the responsibility, to monitor and/or remove any User-Supplied Materials posted by you to the Strategymagazine.com Web site deemed harmful or offensive in Strategy's sole discretion, or that otherwise violate these terms and conditions or any other terms and conditions which Strategy may institute from time to time. Strategy shall have no liability for the failure to receive or for the removal of any such materials. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of Strategy. Strategy makes no representations or warranties regarding the Forums and neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the Strategymagazine.com Web site.
It is your responsibility to evaluate or seek the advise of professionals to assist you in the evaluation of the accuracy, completeness, or usefulness or any Information provided in connection with or otherwise available on the Strategymagazine.com Web site. Models downloaded from the models page will free of any copyrights by either Strategy or the user who uploaded the model.
POSTING RULES
Interactive areas, discussion boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things - and we encourage freedom of speech and a marketplace of ideas. But by using these areas of Strategymagazine.com, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by Strategymagazine.com in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our Website.
When using Strategymagazine.com, please do not post material that:
- contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity. violates any right of Strategy or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
- unfairly interferes with any third party's uninterrupted use and enjoyment of Strategymagazine.com.
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
- uploads copyrighted or other proprietary material of any kind on Strategymagazine.com without the express permission of the owner of that material.
- uses or attempts to use another's account, password, service or system except as expressly permitted by the Terms of Service.
- includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
- uploads or transmits viruses or other harmful, disruptive or destructive files.
- disrupts, interferes with, or otherwise harms or violates the security of Strategymagazine.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through Strategymagazine.com or affiliated or linked sites.
- "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects. A violation of certain of these Posting Rules may be referred to law enforcement authorities.
Strategy reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
INDEMNITY
You agree to indemnify and hold Strategy harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to any information you submit, post, transmit or make available through the Strategymagazine.com Web site, your use of the Strategymagazine.com Web site, your connection to the Strategymagazine.com Web site, your violation of these terms and conditions, or your violation of any law, regulation or third-party right. For purposes of this section, "Strategy" shall include Strategy Magazine, LLC and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
DISCLAIMER OF WARRANTY
The services, products, Materials, information, advise, or other data (collectively, "Information") made available at the Strategymagazine.com Web site are provided "AS IS" and "AS AVAILABLE" basis, without warranties of any kind. Your use of the Strategymagazine.com Web site and Information is at your own risk. Strategy expressly disclaims any representations and warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Strategy shall have absolutely no liability whatsoever in connection with the Information including, without limitation, any liability for damage to your computer hardware, data, information, Materials and business resulting from the Information or the lack of information available on the Strategymagazine.com Web site.
Strategy shall have no liability for:
1. Any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information;
2. Any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
3. Any decision made or action take or not taken in reliance upon the Information furnished hereunder.Strategy makes no warranty, representation or guaranty as to the content, sequence, accuracy, timeliness or completeness of the Information or that the Information may be relied upon for any reason. Strategy makes no warranty, representation or guaranty that the Information will be uninterrupted or error free or that any defects can be corrected. For purposes of this section, "Strategy" shall include Strategy Magazine, LLC, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
LIMITATION OF LIABILITY
In no event shall Strategy be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of or relating to your use of, reliance on, or inability to use the Strategymagazine.com Web site and/or the Information or any part thereof, or from the use of the Internet generally, even if Strategy has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you, but they shall apply to the maximum extent permitted by law. For purposes of this section, "Strategy " shall include Strategy Magazine, LLC, and its divisions, subsidiaries, successors, parent companies, and their employees, partners, principals, agents and representatives, and any third-party providers or sources of information or data.
MODIFICATION
Strategy shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of this site shall constitute your acceptance of any changes. Strategy shall have the right at any time to change or discontinue any aspect of Strategymagazine.com, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
COPYRIGHT AND TRADEMARK NOTICE
Copyright Strategy Magazine, LLC. and/or its licensors, 2007, all rights reserved. Strategy is the registered trademark of Strategy Magazine, L.L.C. Other product and company names mentioned herein may be the trademarks of their respective owners.
COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURE
Strategy's designated agent for notice of claims of copyright infringement related to the Strategymagazine.com Web site is:
Legal Counsel
Strategy Magazine, LLC
2625 Piedmont Rd, STE 56-370
Atlanta, GA 30324
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to the Strategymagazine.com Web site must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:
- A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
- Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
- Information related to the work(s) reasonably sufficient for Strategy to promptly locate the work (e.g. title of work, location within the Strategymagazine.com Web site, etc.);
- Information reasonably sufficient to permit Strategy to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
- A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement requesting that Strategy take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled);
- and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ARBITRATION, JURISDICTION & GOVERNING LAW
You and Strategy agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these terms and conditions, the Strategymagazine.com Web site, or your use of the Information (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or Strategy toward the other, shall be determined exclusively by final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") before a panel of three arbitrators and conducted in the State of Georgia. You and Strategy also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
You and Strategy may litigate in court only to compel arbitration under these terms of use or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach these terms and conditions in any manner which violates or may violate Strategy's or any of its licensor's intellectual property rights, or may cause continuing or irreparable harm to Strategy (including, but not limited to, any breach that may impact Strategy's or it's licensor's intellectual property rights, or a breach by reverse engineering), Strategy may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.
You and Strategy must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.)
To the fullest extent permitted by applicable law: no arbitration under these terms and conditions shall be joined to an arbitration involving any other current or former licensee of Strategy, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Strategy); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Strategy).
These terms and conditions shall be governed by the laws of the State of Georgia and the Federal Arbitration Act, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Georgia. These terms and conditions will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
GENERAL PROVISIONS
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States to the country in which you reside. No delay or failure to take action under these terms and conditions shall constitute any waiver by Strategy of any provision of these terms and conditions. These terms and conditions (including all documents expressly incorporated by reference) constitutes the complete and exclusive agreement between Strategy and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. If any provision of these terms and conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These terms and conditions will bind and inure to the benefit of each party's permitted successors and assigns. These terms and conditions are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these terms and conditions shall be null and void. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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