Terms Of Use

Terms of Use

BRAD SPENCE ("Brad Spence"), AS A CONVENIENCE TO YOU GRANTS YOU ACCESS TO ITS WEBSITES, ACCESSIBLE VIA WWW.BRAD-SPENCE.COM AND WWW.BRAD-SPENCE.CA (COLLECTIVELY, THE "SITE") CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THESE "TERMS OF USE"). FOR THE PURPOSES OF THESE TERMS OF USE, "CONTENT" MEANS, COLLECTIVELY, ANY TEXT, IMAGES, SOFTWARE, SOURCE CODE, APPLICATIONS, SPECIFICATIONS, AUDIO FILES, ARTICLES, AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITE THAT ARE NOT SUBMISSIONS (AS DEFINED BELOW).

 

Acceptance of Terms

PLEASE READ THESE TERMS OF USE AND BRAD SPENCE'S PRIVACY POLICY CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF ANY CONTENT YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. Brad Spence CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THIS SITE AND BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE.

You are also subject to the Brad Spence Privacy Policy.

These Terms of Use are effective as of June 13, 2010.

   

Use and Restrictions

The Site is provided solely as a convenience to you for non-commercial use. You may use the Site only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Brad Spence, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue your, and refuse any and all current and future, access to or use of the Site. You further agree that you will not: (a) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (b) other than for your use of the Site as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; or (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Site.

   

Copyright

The Content and the Site, as well as the selection and arrangement thereof, are the sole property of Brad Spence and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Brad Spence's express written consent. Other than as necessary for your use of the Site in accordance with these Terms of Use, Brad Spence grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright and other proprietary notices on the Content. Any Content owned by Brad Spence's licensors may be subject to additional restrictions.

   

Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Site are proprietary to Brad Spence or such marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Brad Spence, and you may not remove or otherwise modify any trademark notices from any Content.

   

Submissions

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos and other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission") and through the services available in connection with this Site, and that you, and not Brad Spence, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark and copyright ownership. Unless otherwise explicitly stated herein or in the Brad Spence Privacy Policy, you agree that any Submission provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that Brad Spence is free to use a Submission for the purpose of providing you with the associated services and you grant Brad Spence a sublicensable, perpetual, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Submission. Additionally, Brad Spence agrees to use all of your Submissions in accordance with Brad Spence's Privacy Policy applicable to personally identifiable information. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS IN YOUR SUBMISSIONS.

You further agree that you will not upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through this Site or otherwise have the right to grant the licenses to Brad Spence set forth in this section, and (ii) the posting of your Submissions on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through this Site.

When submitting Submissions to or otherwise using this Site and/or the services, you agree not to, without limitation:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation. • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
  • Alter the opinions, goals, profiles or comments posted by others on this Site.

This list of prohibitions provides examples and is not complete or exclusive. Brad Spence reserves the right to (a) terminate your access to your account, your ability to post to this Site (or the services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Brad Spence determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. Brad Spence may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Brad Spence's discretion, Brad Spence will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

These prohibitions do not require Brad Spence to monitor, police or remove any Submissions or other information submitted by you or any other user.

   

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