07-03-2008, 01:28 AM #1
Terms of Service - Long, Detailed Version
1. ACCEPTANCE OF TERMS
Websleuths.com (the "Site"), provides the information and services on the Site to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use applicable to the Site. Your use of the Site constitutes agreement with the terms and conditions of use set forth herein (the "Terms").
Before using the Site, please carefully read this agreement relating to your use of the Site. By using the Site, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the Site.
Websleuths reserves the right, at Websleuths' sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, Websleuths intends to provide users with up to fourteen days of advance notice). Your continued use of the Site following the posting of changes to these Terms will mean that you accept those changes.
Use of the Site constitutes full acceptance of and agreement to the Terms; if a user does not accept Websleuths's Terms, he or she is not granted rights to use the Site as defined herein, and should refrain from accessing the Site.
Websleuths reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof). Websleuths shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using the Site, you warrant to Websleuths that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the Site automatically terminates.
3. DESCRIPTION OF SERVICES
The Site is owned and operated by Tricia Griffith for the purpose of discussion of true crime and missing persons cases, both current cases in the news and cold cases. (the "Purpose").
4. REGISTRATION OBLIGATIONS
When requested, each Site user must: (1) personally provide true, accurate, current and complete information on the Site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, Websleuths has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, Websleuths may suspend or terminate that user's account and prohibit any and all current or future use of the Site (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive passwords and account designations upon completing certain Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. Websleuths cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify Websleuths of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not Websleuths, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Site. No user shall transmit Content or otherwise conduct or participate in any activities on the Site that, in the judgment of Websleuths, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
Websleuths reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, Websleuths shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. Websleuths, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Websleuths to protect the rights, property, or personal safety of the Site's users and the public. Websleuths does not control the Content posted to the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Websleuths be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Site.
Each user, by using the Site, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE SITE:
Use, reproduction, modification, and other intellectual property rights to data stored on the Site will be subject to licensing arrangements that may be approved by Websleuths as applicable to such Content.
With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and messages ("Websleuths Public Content"), the submitting user retains ownership of such Websleuths Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by Websleuths. In each such case, the submitting user grants Websleuths the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
7. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the Site, use of the the Site, or access to the Site.
8. GENERAL PRACTICES REGARDING USE AND STORAGE
Websleuths may establish general practices and limits concerning use of the Site. While Websleuths will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, Websleuths has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site. Websleuths reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. Websleuths reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
Websleuths may terminate a user's account in Websleuths' absolute discretion and for any reason. Websleuths is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of the Site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (5) as required by law, regulation, court or governing agency order.
Websleuths' termination of any user's access to any or all The Site may be effected without notice and, on such termination, Websleuths may immediately deactivate or delete user's account and/or bar any further access to such files. Websleuths shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. Websleuths reserves the right to delete, or not delete, a user's account at Websleuths' sole discretion, as well as to delete, or not delete, content at Websleuths' sole discretion.
Websleuths or a third party may provide links to other websites. Websleuths exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Websleuths shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The Site' Privacy Statement is applicable only when you are on the Websleuths Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
11. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless Websleuths, and its owner(s) and affiliates and their respective officers, employees and agents, and each of Websleuths's website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of the The Site; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER'S USE OF THE THE SITE IS AT HIS OR HER SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WEBSLEUTHS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WEBSLEUTHS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, WEBSLEUTHS MAKES NO WARRANTY THAT (i) THE SITE OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF WEBSLEUTHS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WEBSLEUTHS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WEBSLEUTHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE SITE OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL WEBSLEUTHS’ TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $10.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN WEBSLEUTHS AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, WEBSLEUTHS DOES NOT AND CANNOT CONTROL THE ACTIONS OF WEBSLEUTHS SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE SITE. OPERATION OF THE SITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE SITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY WEBSLEUTHS.
12. TRADEMARK INFORMATION
Websleuths, the Websleuths logo and other Websleuths trademarks, service marks, and product and service names are Websleuths trademarks or registered trademarks in the United States and in other countries (the "Websleuths Marks"). All other names and designs may be trademarks of their respective owners.
Websleuths respects the intellectual property rights of others, and requires that the people who use the the Site do the same. It is our policy to respond promptly to claims of intellectual property misuse. Websleuths’ copyright policy is available at ##INSERT LINK TO COPYRIGHT STATEMENT HERE##
14. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and Websleuths and govern each user's use of the Site, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and Websleuths shall be governed by the laws of the State of Utah without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Summit, Utah . If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Please report any violations of the Terms to the Websleuths Site Director at firstname.lastname@example.org.
Last modified: 18 May 2008