Trying to see this as a glasses-half-full situation. 🤬 #lostmylens #versacesunglasses #modernpirate #luckilyitspartlycloudytoday
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.
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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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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
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If you are seeking permission to use Service Provider’s trademarks, logos, service marks, trade dress, slogans, screen shots, photographs, copyrighted designs, or other Clinton Kelly-related brand features, please contact firstname.lastname@example.org, not our copyright Agent.
THIRD PARTY SITES.
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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: email@example.com
Last updated August 11, 2014.
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