Terms and conditions
The following terms and conditions govern all use of the SOMESITE.com website and all content, services and products available at or through the website (taken together, hereafter "the Website"). The Website is owned and operated by SOME COMPANY, Inc. (hereafter: "the Company"). Our contact email is firstname.lastname@example.org (hereafter "the Contact Email"). The location of business is Copenhagen, Denmark (hereafter "the Location").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the Company, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.
Your Account and Documents on the Website
If you create a document on the Website, you are responsible for maintaining the security of your account and document, and you are fully responsible for all activities that occur under the account. You must not describe or assign keywords to your document in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and the Company may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause the Company liability. You must immediately notify the Company of any unauthorized uses of your account or any other breaches of security. The Company will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors
If you create a document, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
The Company will not make use of the contents of your documents or bibliography for promoting the Company or otherwise. Your stored personal information an content will not be shared with any third parties except as necessary to provide the services offered. Without limiting any of those representations or warranties, the Company has the right (though not the obligation) to, in the Company's sole discretion (i) refuse or remove any content that, in the Company's reasonable opinion, violates any the Company policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in the Company's sole discretion.
Like most website operators, the Company collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. The Company's purpose in collecting non-personally identifying information is to better understand how the Company's visitors use its website. From time to time, the Company may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
The Company also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on the Website. The Company only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses are visible and disclosed to the administrators of the blog/site where the comment was left.
Gathering of Personally-Identifying Information
Certain visitors to the Company's websites choose to interact with the Company in ways that require the Company to gather personally-identifying information. The amount and type of information that the Company gathers depends on the nature of the interaction. For example, we ask visitors who sign up at the Website to provide a username and email address. Those who engage in transactions with the Company are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, the Company collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with the Company. The Company does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
The Company may collect statistics about the behavior of visitors to its websites. The Company may display this information publicly or provide it to others. However, the Company does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-identifying Information
The Company discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on the Company's behalf or to provide services available at the Company's websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Company's websites, you consent to the transfer of such information to them. The Company will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, the Company discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when the Company believes in good faith that disclosure is reasonably necessary to protect the property or rights of the Company, third parties or the public at large. If you are a registered user of an the Company website and have supplied your email address, the Company may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what's going on with the Company and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. The Company takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Copyright Infringement and DMCA Policy
As the Company asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify the Company in accordance with the Company's Digital Millennium Copyright Act ("DMCA") Policy. The Company will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Company will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of the Company or others. In the case of such termination, the Company will have no obligation to provide a refund of any amounts previously paid to the Company.
This Agreement does not transfer from the Company to you any the Company or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with the Company. The Company, the Website, the logo of the Website, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of the Company or the Company's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any the Company or third-party trademarks.
The Company may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. The Company can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided "as is". The Company and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Company nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will the Company, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to the Company under this agreement during the period prior to the cause of action. The Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless the Company, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between the Company and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Company, or by the posting by the Company of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the country of Denmark, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in the Location. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the Location, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Company may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
We will communicate with the user via email, to the email address you provide to us. Some communications, such as emails informing you of new features, may be unsubscribed to at any time via the unsubscribe link in the email or by sending an email to the Contact Email.
Changes to terms
The Company reserves the right to modify these terms and conditions of usage. While in beta phase the Company reserves the rights to modify its terms of service without any advance notice to the user.