Acceptable Use of the Site
You agree to act responsibly on the Site and to use the Site in a manner consistent with all applicable laws and regulations. Without limiting the foregoing, you agree that you will not use the Site to take any of the following actions: (a) restrict or inhibit any other user from using and enjoying any public or private area within the Site; (b) mirror, cache, reformat or frame any portion of the web pages of the Site; (c) impose an unreasonable or disproportionately large load on our infrastructure; or (d) otherwise interfere with or disrupt the Site, or our other sites, servers, or networks.
It is your responsibility to obtain at your own expense all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Site.
Your Comments and Feedback
We may provide forms or mechanisms for you to provide comments, feedback, suggestions and ideas about our or our suppliers’ Content (such as blog postings), products and services (collectively, “User Content”), and accordingly, we may use any User Content in any way, including in future versions of our Content, products or services, and/or advertising or promotions. You hereby grant us a perpetual, worldwide, irrevocable, royalty-free, non-exclusive, transferable, and sub-licenseable license to use, copy, create derivative works of, publicly perform, publicly display, transfer, transmit, translate, distribute and publish, all or any portion of the User Content, in any manner and for any purpose in any media or technology now or hereafter known.
In addition, if you provide User Content, you agree not to: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (b) publish, post, upload, or otherwise disseminate (collectively, “Transmit”) any Content that is tortious, inappropriate, profane, defamatory, infringing, obscene, indecent, vulgar, unlawful, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that otherwise could result in civil or criminal liability; (c) transmit any Content prohibited by intellectual property (e.g., patent, copyright, trademark, trade secret, or privacy and publicity) or other laws unless you are the owner or have permission to use such rights; (d) transmit Content that contains viruses, corrupted files, or any other software or functionality that may damage or adversely affect the operation of another person’s computer, the Site, any software or hardware, or telecommunications equipment, or interfere with any security or rights protection functionality of ours or any third party; (e) advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so; (f) transmit surveys, contests, pyramid schemes, spam and other unsolicited mass mail or email, unsolicited advertising or promotional materials, or chain letters; (g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other Content; (h) forge headers or manipulate identifiers or other data in order to disguise the origin of any Content transmitted through the Site or to manipulate your presence on the Site; (i) impersonate any person or entity, including, but not limited to, a SitePen representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (j) engage in any illegal activities, or incite or provide instructional information about illegal activities, under U.S. and local law.
Privacy and Other Policies
Content Linked to by Us
The sites and Content displayed on our pages or linked to by us are developed by persons over whom we exercise limited or no control. We may provide links to sites and/or Content that some people find objectionable or inappropriate. We cannot guarantee that a link will not display objectionable or inappropriate content and assume no responsibility for the Content of any site included in our links or otherwise linked to by us. We do not guarantee the accuracy, integrity or quality of such Content.
Permission Granted to You
Permission is granted to view the Site and its Content and to save and print the same only for your internal use. Certain portions of the Site and its Content may be subject to other licenses (e.g., Creative Commons license for blog postings), as indicated on the relevant Site pages or Content. We reserve all rights not expressly granted.
Intellectual Property Policy
You agree that all programs, services, processes, designs, software, technologies, trademarks, trade names, inventions, patents, other intellectual property and materials comprising the Site, and the Site Content, are wholly owned by us and/or our suppliers except where expressly stated otherwise. The Site and such Content generally are protected by the copyright and trademark laws of the United States and other countries.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Persons who believe that their copyrights or other intellectual property rights have been infringed via the Site may notify our Designated Agent. All notices must comply with the requirements of U.S. Copyright Act Section 512(d) and regulations promulgated thereunder, as amended. Such notices not complying with these requirements will be returned unprocessed. Please indicate the specific Content, and website URL or location of the Content. You may be liable for damages if you materially misrepresent that an activity is infringing your copyright. Designated Agent and Address of Agent:
Attn: Copyright Designated Agent
530 Lytton Avenue
2nd Floor, Suite 5301
Palo Alto, California 94301
United States of America
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Effective date of this version: December 12, 2007