Terms of Service - Please Read Carefully
ACCEPTANCE OF TERMS
The site which you linked from provides a news/content/blogging Service (the “Service(s)”) to you (the "User"), and is owned and operated by Locke Digital Media (LDM). LDM and all of its subsidiaries (the “Site(s)”) are subject to the following "Terms of Service" (“TOS”), which may be updated from time to time without notice. Your use of this Service or Services constitutes acceptance of this TOS, thus creating a binding legal agreement. So please read them carefully. Also note, you must be 13-years-old or older to use this Service. Any reference to "us," "our," "we," (or similar words) shall refer to this Site and/or its affiliates.
Unless otherwise indicated, all Site materials, including (without limitation) the Site logo, and all designs, text, graphic designs, images, additional files, plus the selection and presentation thereof, are the proprietary and copyrighted property of Locke Digital Media. You may electronically copy and print to hard copy portions of the Sites for informational and non-commercial/personal use only. Any other use of materials owned by the Site — including any commercial use, or reproduction for uses other than described previously, distribution, modifications, republication, display, or performance — without the prior written or electronic permission of Locke Digital Media is strictly forbidden.
The Site name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are Service marks, trademarks and/or trade dress of the Site, and may not be copied, imitated or used, in whole or in part, without our prior written permission.
6. USE OF CONTENT SUBMITTED BY YOU
You agree that any Content you transmit or otherwise make available via the Site/Service is non-confidential (unless another arrangement is previously agreed upon) and that we will have a perpetual, world-wide, non-exclusive license to use any Content in connection with the Sites/Service and our business (as well as any successor), including (without limitation) for promotional materials and for redistributing part, or all of, the Service (and derivative works) in any format and via any channel. You also hereby grant our Users a non-exclusive license to access said Content through the Site(s), and to utilize, reproduce, distribute, create derivative works of, display, and perform Content as allowed via the functionality of the Site as permitted under the Terms of Service agreement.
7. USER CONDUCT
You understand that Content posted by our Users, whether publicly or privately transmitted, are the sole responsibility of the User from which said Content originated. That means that you the User, and not us the Site(s) or Locke Digital Media, are completely responsible for all Content(s) that you send, upload, submit, post, email, transmit, or otherwise make available to us via the Service. We do not control all of the Content posted via the Service and, as such, can not guarantee the correctness, integrity, or quality of said Content. You hereby agree that you understand that by using the Service you may be exposed to Content that is offensive, objectionable, or what may be considered indecent. Under no circumstances will the Site(s) or Locke Digital Media be liable in any way for any Content (including but not limited to), for any errors or omissions in Content, or for any damage or loss incurred as a result of using Content posted, sent, emailed, transmitted, or otherwise made available via the Service.
You agree to not use the Service to:
- upload, send, post, email, message, transmit or otherwise make available any Content that is illegal, harmful, menacing, threatening, abusive, harassing, libelous, invasive of another’s privacy, or racially, ethnically or otherwise objectionable;
- harm minors/children in any way;
- impersonate any person or entity, including, but not limited to, a Site admin, forum admin, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity, including the Site(s) and/or Locke Digital Media;
- forge headers or otherwise manipulate identifiers to disguise the origin of Content transmitted through the Service;
- upload, send, post, email, transmit, message, or otherwise make available any Content that you do not have the rights to make available under United States law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment or under nondisclosure agreements);
- upload, post, send, email, transmit, message, or otherwise make available any Content that infringes on any patent, trademark, trade-secret, copyright, or other proprietary rights of any party/parties, or which violate any right of publicity, right of privacy, or other right of any party without obtaining permission of the owner. This includes group or individual portraits of people taken by professional photographers. Photos of people may only be used with the permission of the individual whose image is portrayed (for minors the permission of their parent or guardian must be obtained). This includes celebrities, politicians, and professional athletes, as well as ordinary citizens;
- upload, post, send, email, transmit, message, or otherwise make available any unsolicited and/or unauthorized advertising, promotional media, “junk mail,” “spam,” “chain-letters,” "MLMs," or any other form of solicitation;
- upload, post, send, email, transmit, message, or otherwise make available any material(s) that contain viruses or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software/hardware or telecommunications equipment;
- interfere with or disrupt the Service, or servers/networks connected to the Service, or disobey any requirement, procedure, policy or regulation of any network connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to; regulations promulgated by the United States Securities and Exchange Commission (SEC), any rules of any national or other securities exchange, including, without limitation; the New York Stock Exchange (NYSE), the American Stock Exchange, or the NASDAQ, and any related regulations enforced by law.
- “stalk” or otherwise harass another;
- collect and/or store personal data about other Users;
- link to or refer to Content disallowed under the TOS agreement;
- otherwise use the Service in a manner deemed inappropriate by the Site(s) and/or Locke Digital Media.
8. POSSIBLE CONTENT REMOVAL
We retain the right (but not the obligation) to monitor, edit, and/or remove any activity or Content that is deemed, in our sole discretion, to be harmful to Users, to the Site(s) and/or Locke Digital Media, or to the rights of any third party, or that violate any applicable law. This includes the right (not obligation) to remove any text, media, images, or other Content uploaded by any User, including (without limitation) the following:
- photographs, images, text, or other Content/media submitted by Users that are protected by trademarks, copyrights, right of publicity, or any other proprietary right(s), without the express permission of the owner of those rights;
- partially or fully nude images of underage individuals, of any gender, including sexually suggestive images or words regarding minors;
- offensive comments including (but not limited to) expressions of racism, bigotry, or hatred, or that are abusive, libelous, or threatening in any way;
- any illegal material such as expressions of abuse, offensive language and imagery, including, but not limited to, child abuse, child pornography, depictions of minors engaged in sexual conduct or explicitly sexual situations, or any other media/materials that could lead to any civil or criminal liability under any applicable law;
- partially or fully nude images of consenting adults are allowed but may be monitored, edited, and/or removed at our discretion.
9. LINKING TO OUR SITE
Users are granted a limited, non-exclusive right to create hyperlinks to the Site(s), provided said links do not portray us (or any of our Services) in a false, misleading, derogatory, or otherwise libelous way. This limited right may be revoked at any time, without prior notice. You may not utilize, frame, or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information, including images found on the Site, textual Content, or layout/design elements of any page (or form contained on a page) without our express written or electronic consent. Furthermore, you may not use any meta-tags or other “hidden text” using our name, or the name of our trademark(s) or Service/product(s) without our express written or electronic consent. Except as noted previously, you are not given any right or license by implication in or under any of our patents, trademarks, copyrights, or proprietary rights of any third party.
10. THIRD PARTY LINKS
We may provide links to site pages and/or content of third parties (“Third Party Content”) as a Service to Users interested in said information. We do not (and cannot, in most cases) monitor, or have any control over, any Third Party Content. We do not endorse any Third Party Content, unless otherwise stated, and make no guarantee to its accuracy or integrity. We make no warranties of any kind regarding Third Party Content or anything related to said Third Party Content, and undertake no responsibility to update, preview, or review any Third Party Content. When leaving the Site(s), be aware that our TOS is no longer binding and, therefore, you need to review the applicable terms of Service, privacy policies, and data-gathering practices of that site. You agree to use links and Third Party Content provided by the Site(s) at your own risk.
11. CLAIMS OF COPYRIGHT INFRINGEMENT; DESIGNATED AGENT
If you believe any material(s) found on the Site infringe upon any patents, trademarks, or copyrights you own or control, or that any link(s) found on the Site may direct Users to websites containing such material, you can file a notification of infringement with our Designated Agent. Please see our notice explaining the procedure for notifying our designated agent to claims of copyright infringement below.
Procedure for notifying designated agent of claims of copyright infringement.
Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512(c)(3), the following information must be provided to our Designated Agent for notifications,
Locke Digital Media
9205 Russel Road, #240
Las Vegas, NV, 89135
702-530-3245; Contact: email@example.com
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Service provider to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- 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.
- Should you fail to comply with all of the aforementioned requirements in your notice, your notice may not be valid.
- It is our policy to terminate the accounts and/or membership of Users who are repeat infringes or who are repeatedly charged with infringement, in appropriate circumstances.
If you are a registered User of the Site you may terminate registration by notifying us via e-mail at firstname.lastname@example.org. We will terminate your account after receipt of this termination notice.
We may also terminate your site-access and/or access to our Services and your registration at any time in the event you breach any of the stipulations laid out in the TOS. At our sole discretion, we may also terminate the TOS (at any time without cause), and may suspend access to the Site(s)/Service(s) without notice.
Users agree to indemnify us, any parent companies (past, present, or future), cohorts, affiliates, admins, officials, and employees, harmless from claims or demands, including "reasonable" attorneys’ fees, made by third party/parties due to or because of the User’s use of the Site(s), the violation of the TOS agreement by the User, or infringement by the User, or any other User of the User’s account, of any intellectual property, or other right(s) of any person(s) or entity/entities.
14. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
- Your use of the Site(s)/Service(s) is at your own risk. The Service(s) is/are provided on an “as is” and “as-available” basis. We expressly disclaim all warranties, whether express or implied, including, but not limited to the implied warranties of merchant-ability, suitability for a particular purpose, and non-infringement.
- We make no warranty that (i) the Service will meet your requirements, (ii) the Service won't be interrupted, will be timely, will be secure, will be malware-free, or will be error-free, (iii) the results that may be obtained from use of the Service will be accurate or to be relied upon, (iv) the quality of any products, Services, information, or materials purchased or obtained by Users through the Service will meet expectations, and (v) any errors in software will be corrected.
- Any material downloaded, accessed, consumed, viewed, or otherwise obtained through the use of the Service is done at the Users' own risk and discretion; Users are solely responsible for any damage(s) to property or data-loss resulting from the use/download of such material(s).
- No advice, tips, or information, whether electronic, written, or oral obtained by Users from the Site(s)/Locke Digital Media, creates any warranty not expressly stated in the TOS.
- We reserve the right to change any and all content contained on the Site(s), at any time and without prior notice. Reference to products, Services, procedures, or other information, by trade name, trademark, manufacturer, supplier,etc., does not constitute nor does it imply endorsement, sponsorship, or recommendation by the Site(s), or Locke Digital Media.
15. LIMITATION OF LIABILITY
You expressly agree that the Site(s)/Locke Digital Media shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to; damages for loss of revenue/profit, goodwill, use, data, or other tangible or intangible losses (even if we have been advised of the possibility of such loss/ damage), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procuring substitute goods and services resulting from any goods, data, information, or Services purchased or obtained, messages received, transactions entered into, or from the Service; (iii) unauthorized access to, or alteration of, your transmissions or data; (iv) statements or conduct of any Third Party via the Site/Service; or (v) any other matter relating to the Site/Service.
16. Exclusions and limitations
Some jurisdictions will not allow the exclusion of certain warranties, limitations, or the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Notices to Users may be made via email or postal mail. The Service may also provide notices of changes to the TOS agreement or other issues by giving notices or links to notices to Users via the Service.
18. GENERAL INFORMATION
The TOS constitutes the entire agreement between Users and the Site(s)/Locke Digital Media, and determines User use of the Service, superseding any agreements between Users and the Site(s)/Locke Digital Media not previously stipulated. Users may also be subject to other terms and conditions applicable to any affiliate Services, Third Party content, or Third Party software. The TOS shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. You agree to submit to the jurisdiction of the courts located within Clark County, Nevada. The failure of the Site(s)/Locke Digital Media to exercise or enforce any right or provision of the TOS does not constitute a waiver of said rights or provisions. If any provision found in the TOS is found by a court of law with jurisdiction to be invalid, all parties nevertheless agree that the other provisions of the TOS remain in full effect. The section titles found in the TOS agreement are only for convenience and have no legal or contractual effects.
19. VIOLATIONS AND COMMENTS
To report violations of the TOS, or make any other comments, you can contact us at email@example.com
Last updated on February 2, 2016