1. ACCEPTANCE OF TERMS
2. DEFINED TERMS
3. PROVISION OF SERVICES BY CONCRETE5
Concrete5 endeavors to innovate constantly to provide the best possible experience for the Site's users. You acknowledge and agree that the form and nature of the Concrete5 Services and Concrete5 Material which Concrete5 provides on the Site and any Services or Materials which are enabled by the Site may change from time to time without prior notice to you. You acknowledge that Concrete5 may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or other users of the Site, generally at Concrete5's sole discretion, without prior notice to you. Concrete5, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time and may disclose any information related to your use of the Services and the Materials, or the substance of any or your posted or submitted Materials, as Concrete5 deems necessary to comply with applicable law, regulation, legal process or governmental request.
You acknowledge and agree that if Concrete5 disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You acknowledge and agree that while Concrete5 may not currently have set any upper limit on the number of transmissions or files that you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such an upper limit may be set by Concrete5 at any time, at Concrete5's discretion.
4. USE OF SERVICES BY YOU
You agree not to access (or attempt to access) any of the Services by any means other than through the interface provided by Concrete5 to you, unless you have been specifically granted permission to do so in a separate agreement with Concrete5. You specifically agree not to access (or attempt to access) any of the Services, Materials, or another user's account, password or computer through any automated means (including use of scripts or web crawlers), or by hacking, password mining or other means. You agree that you will not engage in any activity that interferes with or disrupts the Site or the Services (or the servers and networks which are connected to or accessible through the Services or the Site). Unless you have been specifically permitted to do so under a separate agreement with Concrete5, you agree that you will not reproduce, duplicate, copy, sell, trade, lease or resell the Services for any purpose. You also agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner. Some examples of improper use of the Site, Services or Materials include:
a. Collecting, harvesting, mining or engaging in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
b. Transmitting unsolicited or bulk communications to any Site account holder or to any Concrete5.org or affiliated e-mail address;
c. Posting or otherwise submitting any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms;
d. Creating a false identity for the purpose of misleading others;
e. Downloading any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner;
f. Removing or falsely adding to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material;
g. Making available any files or Content containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials;
h. Using any Materials in a manner that infringes any Intellectual Property Rights or rights of any party;
i. Disrupting, interfering or inhibiting any other user from using and enjoying the Site or other affiliated or linked sites, the Services or the Materials;
j. Posting or otherwise submitting any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lewd, lascivious, obscene, profane, racist, unlawful or otherwise objectionable.
k. Preparing, compiling, using, downloading or otherwise copying any Site user directory or other user or usage information or any portion thereof, or transmitting, providing or otherwise distributing (whether or not for a fee) such directory or information to a third party;
l. Engaging in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise);
m. Violating the rights of Concrete5 or any third party (including the rights of privacy and publicity) or abusing, defaming, harassing, threatening or stalking another;
n. Using any Concrete5 or Concrete5 domain name as a pseudonymous return e-mail address;
o. Marketing any goods or services for any business purpose (including advertising and making offers to buy or sell goods and services), unless specifically permitted to do so by Concrete5.
5. YOUR PASSWORDS AND ACCOUNT SECURITY
If requested, you must also choose a user name and password to register for a user account. You understand and agree that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services and further agree that you will be solely responsible to Concrete5 for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Concrete5 immediately by emailing [email protected]
6. PRIVACY AND YOUR PERSONAL INFORMATION
7. DISCLOSURES AND REPRESENTATIONS ON CONTENT
You are notified that any Content presented to you or made available to you as part of the Services (including Content provided or shared by other users of the Site) may be protected by intellectual property rights which are owned by the persons or entities that provided such Content to the Site. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (unless you have been specifically informed that you can do so by Concrete5 or by the owners of that Content, in a separate agreement. Concrete5 reserves the right (but has no obligation) to flag, review, pre-screen, filter, modify, refuse or remove any or all Content from the Services and/or the Site. You also agree that by using the Services and the Site you may be exposed to Content that you may find objectionable, indecent, or otherwise offensive, and that, you use the Services and the Site at your own risk. You agree that you are solely responsible for (and that Concrete5 has no responsibility to you or any third party for) any Content that you create, display, submit or transmit while using the Services or the Site and for the consequences of your actions (including any loss or damage which Concrete5 may suffer) by doing so.
8. LINKS TO THIRD PARTY SITES
The Services, the Materials and the Site may include links to other sites outside of the Site ("Linked Sites"). Any Linked Sites are provided to you as a convenience and any inclusion of these links do not imply any endorsement by Concrete5. Concrete5 has no control over any Linked Site, any link contained in any Linked Site or any changes or updates to any Linked Site. You acknowledge and agree that Concrete5 is not responsible of any form of transmission received from any Linked Site.
9. PROPRIETARY RIGHTS
10. COPYRIGHT AND TRADEMARK POLICIES
It is Concrete5's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including in the United Sates, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Concrete5's policy can be found at Notification of Copyright Infringement. Concrete5 operates a trademark complaints procedure. Details of this procedure can be found at Trademark Complaint Procedures.
11. LICENSE TO YOU
12. CONTENT LICENSE FROM YOU
You retain a copyright and any other rights you already hold in Content which you submit, display or post on or through the Services. By submitting, displaying or posting the Content you give Concrete5 a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, display or post on or through the Services. This license is for the sole purpose of enabling Concrete5 to display, distribute and promote the Services and the Site. You agree that this license includes a right for Concrete5 to make such Content available to its vendors, license partners, suppliers and successors in interest for the provision of syndicated services and to improve the performance, quality and experience of the Services and the Site, and to use such Content in connection therewith. You understand that Concrete5, in performing any required technical steps to provide the Services and Site access to our users, may (a) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services and media; and (b) transmit or distribute your Content over various public networks and in various media. You acknowledge and agree this license from you shall permit Concrete5 to take such actions.
13. SUBMISSIONS AND POSTS FROM YOU
All of your Content and User Materials that you post on or otherwise transmit or submit via the Services and the Site shall not be confidential information or trade secrets owned by you or another party. You will receive no compensation for any use of your Content or User Materials. By posting, transmitting or submitting your Content or User Materials, you represent and warrant that you own or otherwise control all intellectual property rights and other rights to such Content or User Materials, including all rights necessary for you to post, transmit or submit such Content or User Materials. You are solely and entirely responsible for all of your Content and User Materials that you post, transmit or submit via the Services and the Site. You shall assume all risks associated with the use of your Content and User Materials including any reliance on the accuracy, completeness or usefulness of your Content and User Materials. Concrete5 does not guarantee the accuracy, the integrity or the quality of your Content or User Materials.
For all of your Content and User Materials that you post, transmit or submit via the Services and the Site, including (a) comments, (b) feedback, (c) bug reports, (d) piracy reports or (e) product suggestions, you grant Concrete5 and the users of the Services and the Site an unrestricted, irrevocable, worldwide, non-exclusive, royalty-free and fully-paid-up license under all intellectual property rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such Content and User Materials, with or without having your name attached to such Content and User Materials, in any manner or form and for any purpose, with full rights to sublicense, and you also acknowledge and agree that Concrete5 is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you.
Unsolicited ideas, of any kind whatsoever, that are sent to Concrete5 for consideration via this Site, the Services or Materials shall not be considered or accepted by Concrete5, nor deemed confidential or proprietary information (including any original creative artwork, samples, demos or other works created in connection therewith).
14. USING SHARED CONTENT
15. INDEMNITY; LIABILITY AND GRANT OF REMEDY
16. WARRANTIES AND DISCLAIMERS
THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. CONCRETE5 MAKES CHANGES TO THE SITE, SERVICES AND MATERIALS WHICH MAY INCLUDE CHANGES IN PRICING AND DESCRIPTION OF ANY SOFTWARE, SERVICES OR MATERIALS LISTED, AT ANY TIME AND IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, SERVICES AND MATERIALS MAY BE OUT OF DATE, AND CONCRETE5 MAKES NO COMMITMENT TO UPDATE THE SITE, SERVICES AND MATERIALS.
YOU ACKNOWLEDGE AND AGREE THAT CONCRETE5 DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) CONCRETE5 MAKES NO REPRESENTATIONS OR WARRANTIES WHASOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR SITES, SERVICES OR MATERIALS; ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) CONCRETE5 SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OR MATERIALS OFFERED BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
17. LIMITATIONS OF CONCRETE5'S LIABILITY
IN NO EVENT SHALL CONCRETE5, ITS EMPLOYEES, OFFICERS, DIRECTORS, PARTNERS, VENDORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF CONCRETE5 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION THEREWITH (i) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (ii) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (iii) ANY DEALINGS WITH VENDORS, SUPPLIERS OR OTHER THIRD PARTIES; (iv) ANY UNATUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, USER MATERIALS OR OTHER DATA; (v) ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; (vi) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, MATERIALS OR OTHER CONTENT; (vii) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (viii) ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE; OR (ix) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND SO THE LIMITATIONS AND EXCLUSIONS STATED ABOVE MAY NOT APPLY TO YOU.
19. JURISDICTION AND VENUE
By accessing this Site, the Services and Materials you agree that all matters relating to your access to, or use of, this Site, the Services and Materials shall be governed by the statutes and laws of the State of Oregon, without respect to conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Circuit Courts located in Multnomah and Washington Counties, State of Oregon and the United States District Court for the State of Oregon with respect to such matters.
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