Yo, Boston College Alumni! I’m really looking forward to this Zoom convo organized by @bcmediaalumni about how you can reenter the world (at some point) with a renewed sense of self-esteem. Registration info below. Tag an Eagle. #Repost @francescabacardi ・・・ States are slowly but surely reopening, so it’s time to think about getting back out there! I’ll be chatting with @bostoncollege alum @clintonkellyoh about all things style, health, food and more! Join us on Zoom on July 9 at 7pm ET. Link to register: https://m.facebook.com/bcmediaalumni/photos/rpp.100595888068002/181912039936386/?type=3
Last updated: August 11, 2014
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USER CONDUCT AND USER GENERATED CONTENT.
Content posted by you and other Site users (“User Generated Content,” which includes your comments, third party comments, photographs, recipes, videos, competition entries, and third party content contained in any Twitter feed or other third party social media embedded in or visible on the Site) and content posted by other non-clintonkelly.com contributors unaffiliated with Service Provider, is generally not reviewed by Service Provider. Nonetheless, Service Provider reserves the right to change, delete, or remove, in part or in full, any User Generated Content for any reason, and to terminate or suspend access to such areas, for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment of the Site, to cooperate with local, state, and/or federal authorities if necessary, and to comply with applicable law. In addition, Service Provider shall have the right to remove any User Generated Content it has reason to believe may infringe the rights of a third party. Service Provider reserves the right, in its sole discretion, to determine whether and what action to take in response to any such potential infringement, and any action or inaction in a particular instance shall not dictate or limit Service Provider’s response to a future occurrence. You acknowledge and agree that Service Provider shall not assume or have any liability for any action or inaction by Service Provider with respect to any User Generated Content. Users shall remain solely responsible for User Generated Content and any material or information transmitted to, or interaction with, other users. You agree that you must evaluate and bear all risks associated with the use of any User Generated Content.
User Generated Content may become publicly available on the Site, such as Interactive Areas. Service Provider, its affiliates, and our and their officers, directors, member, managers, employees, contractors, representatives and agents that conduct, operate and/or manage the Site’s Interactive Areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or User Generated Content posted, uploaded or transmitted in these Interactive Areas. You may not submit or upload any User Generated Content or otherwise engage in any activity on the Site that (a) is unlawful; harmful to adults or minors; threatening; abusive; harassing; tortuous; defamatory; vulgar; obscene; libelous; invasive of another’s privacy; hateful; or racially, ethnically or otherwise objectionable; or (b) infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person; (c) contains unauthorized advertising or solicits other visitors; (d) depicts any minor unless you are their parent or legal guardian and have the authority to consent to such use on their behalf; or (e) is intended by the visitor to interfere with, disrupt, harm, destroy or limit the functionality or integrity of any computer software, hardware, Content or Site (each a “Prohibited Activity Category” and together the “Prohibited Activities”).
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Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any material on our Site infringes on your copyright, you (or your agent) may send our Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) a written notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:
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2. identification of the copyrighted work or other intellectual property claimed to have been infringed;
3. a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
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6. information, if possible, sufficient to permit Service Provider to notify the owner/administrator of the allegedly infringing webpage or other content; and
7. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millennium Copyright Act (the “DMCA”) permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to our Agent:
Clinton Kelly, Inc
105 Hudson Street, Suite 412
New York, New York 10013
Attn: Legal / Copyrights
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
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THIRD PARTY SITES.
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From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.
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You specifically acknowledge and agree that Service Provider and its officers, directors, members, managers, employees, contractors, representatives and agents are not liable for and shall not be liable for any defamatory, offensive or illegal conduct of any user. In addition, while Service Provider intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, Service Provider does not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses, robots, spiders or other destructive materials and Service Provides shall not be liable for any viruses or other destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Site or the server that makes it available, or your downloading of any Content from the Site.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SERVICE PROVIDER AND ANY THIRD PARTY CONTENT PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER SERVICE PROVIDER, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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RESTRICTIONS ON USE OF MATERIAL.
Service Provider does not solicit nor does it wish to receive any confidential, proprietary or trade secret information or other material from you through the Site or Service Provider’s mail or e-mail addresses, or in any other way. Please note that any information, materials, suggestions, ideas, comments or media (collectively, the “Unsolicited Materials”) sent to Service Provider in any manner or media will be deemed non-confidential and non-proprietary, even if marked “confidential” or “propriety” or with any other similar notation. Without limiting the foregoing, Unsolicited Materials includes, but is not limited to, recipes; ideas; formats; business plans; proposals; treatments; outlines; text; photographs; designs; artwork; or any materials for books, television, websites, applications, articles, restaurants, retail, technology or other business or artistic endeavors, products, services, or for any other purpose whatsoever. By submitting or sending any Unsolicited Materials to us, you represent and warrant that the information is original to you and that no other party has any rights to the Unsolicited Materials, and you agree to waive any “moral rights” you may have in the Unsolicited Materials. Our receipt of such Unsolicited Material is not an admission by us that it is novel, that you have priority with respect to its originality or that it is protectable by law. In addition, we retain all the rights held by members of the general public with regard to your Unsolicited Materials, including any ideas that are the basis thereof or that are embodied therein.
USER’S GRANT OF LICENSE IN USER GENERATED CONTENT AND UNSOLICITED MATERIALS.
By communicating with Service Provider, including submitting or sending Unsolicited Materials, User Generated Content or other information or material to the Site or to Service Provider (or any related person or entity) by email, regular mail or otherwise, you grant Service Provider the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, post, copy, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Unsolicited Materials and/or User Generated Content (in whole or part) and otherwise exploit the Unsolicited Materials and User Generated Content, including any information, suggestions, ideas, drawings or concepts contained in such Unsolicited Materials or User Generated Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, with or without attribution or compensation to you. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to Service Provider. You represent and warrant that by submitting the Unsolicited Materials or User Generated Content you agree to waive any “moral rights” you may have in the Unsolicited Materials or User Generated Content.
For the avoidance of doubt, you irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive and fully sub-licensable right to exploit your image, photo, likeness, voice, performance, in whole or in part, and any other Unsolicited Materials or User Generated Content you post on the Site or submit to us in connection with any and all publicity and advertising for and promotion of the Site and Service Provider, and in connection with Service Provider’s exercise of any other rights granted hereunder as Service Provider determines in its sole discretion. You hereby release Service Provider from and against any and all claims, damages or liabilities arising from or relating to the use of such Unsolicited Materials, User Generated Content, or your image, photo, likeness, voice and performance as set forth in this Agreement.
GOVERNING LAW AND LIMITATION OF ACTIONS.
For media, business, general or permissions inquires, contact: firstname.lastname@example.org
Last updated August 11, 2014.
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