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1. Copies of
Terms and Changes
Will's Blog may occasionally change these Terms, so we
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If you continue to use the Will's Blog Site and Services after we change the
Terms, you accept any and all changes. You may print a copy of these Terms
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Policy; Additional Terms
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what we do with all the data that you provide or that we may collect about you
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with our Privacy Policy.
Additional terms may apply to your use of specific parts
of our Site and Services. If so, we will provide these terms to you or post
them on the Site and Services to which they apply; they are incorporated by
reference into these Terms. If there is any conflict between these Terms and
any additional terms that apply to a particular Site or Service, the additional
terms will control.
Contests or promotions on the Will's Blog Site and Services
may also have additional rules and requirements, such as age or geographic
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and Access Controls
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If we request registration information from you, you must
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4. Intellectual
Property; License
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applicable copyright, trademark, or other legal notices or restrictions. All
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Subject to these Terms, you agree to access and use the
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distribute, publish, display, perform, or create derivative works of the Site
and Services or Content without our permission. You also may not transfer or
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a. Viral Distribution
We may choose to specifically authorize you to redistribute certain items of
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the Content that you are authorized to use and describe ways you may
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We may revoke this authorization at any time. If you are authorized and do
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Complaints
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where part of a User Submission, in any form, media, software, or technology of
any kind now known or developed in the future, including, without limitation,
for developing, manufacturing, and marketing products. You waive any moral
rights you have in your User Submissions.
We respect your ownership of User Submissions.
If you owned a User Submission before providing it to us,
you will continue owning it after providing it to us, subject to any rights
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Terminating your account on a Service will not
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We may refuse or remove a User Submission without notice.
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Information; Third-Party Content
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We sometimes offer third party content or link to third
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Services
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We may offer trial subscriptions to paid services for
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Unless otherwise stated, all fees and charges are
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9. Acceptable
Use
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Without limiting any other provision in these Terms, you
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- Frame the Site and Services, display the Site and
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limitation, revenue from advertising, branding, or promotional
activities);
- Engage in unauthorized spidering, “scraping,” or
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information, or use any other unauthorized automated means to compile such
information;
- Violate any person’s or entity’s legal rights
(including, without limitation, intellectual property, privacy, and
publicity rights), transmit material that violates or circumvents such
rights, or remove or alter intellectual property or other legal notices;
- Transmit files that contain viruses, spyware, adware,
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- Defeat any access controls, access any portion of the
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access or use another user’s account or information, or allow anyone else
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- Advertise or promote goods or services without our
permission (including sending spam);
- Interfere with others using the Site and Services or
disrupt the Site and Services; or,
- Transmit, collect, or access personally identifiable
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VentureBeat;
- Impersonate any person or entity or otherwise
misrepresent your affiliation or the origin of materials you transmit.
10. Site
Access; Account Deletion
We may take any of the following actions in our sole
discretion at any time for any reason without giving you prior notice:
- Restrict or terminate your access to the Site and
Services;
- Change or discontinue the Site and Services;
- Deactivate your accounts and delete all related
information and files in your accounts;
- Provide information concerning you and your activities
to comply with applicable laws or respond to court order, subpoenas, or
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or that of another person or protect the security of the Site and
Services, or as otherwise described in the Privacy Policy.
We will not be liable to you or any other third party for
taking any of these actions and we will not be limited to the remedies above if
you violate any of these Terms.
If you do not agree to the Terms listed here, you should
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Site and Services will continue to be governed by Section 6 of these
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voluntarily discontinue your use.
11.
Indemnification
You will defend, indemnify, and hold harmless
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12. Governing
Law, Venue, and Jurisdiction
These Terms and all claims arising from or related to
your use of the Site and Services will be governed by and construed in
accordance with the laws of the State of California.
With respect to any disputes or claims not subject to
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state and federal courts in San Francisco, California. Notwithstanding any
other provision of these Terms, we may seek injunctive or other equitable
relief from any court of competent jurisdiction.
Regardless of any statute or law to the contrary, you
must file any claim or action related to use of the Site and Services or these
Terms within one year after such claim or action accrued. Otherwise, you will
waive the claim or action.
13. Arbitration
We may elect to resolve any controversy or claim arising
out of or relating to these Terms or the Site and Services by binding
arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Unless we establish a different location, arbitration
hearings will be held in San Francisco, California. The arbitrator’s award will
be binding and may be entered as a judgment in any court of competent
jurisdiction.
14.
Miscellaneous
We may be required by state or federal law to notify you
of certain events. You hereby acknowledge and agree that such notices will be
effective upon our posting them on our sites or delivering them to you via
email. You may update your email address by visiting the Site and Services
where you have provided contact information. If you do not provide us with
accurate information, we will not be responsible for failure to notify you. Our
failure to exercise or enforce any right or provision in these Terms will not
constitute a waiver of such right or provision. These Terms, including all
additional terms, conditions, and policies on the Site and Services, constitute
the entire agreement between you and us and supersede all prior agreements.
15.
Disclaimers; Limitation of Liability
VENTUREBEAT PARTIES DO NOT WARRANT: (1) THAT the Site,
Services, and Content, ANY OF the Site and Services’ FUNCTIONS OR ANY CONTENT
OR SOFTWARE CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; (2) THAT
DEFECTS WILL BE CORRECTED; (3) THAT the Site, Services, Content, OR THE SERVERS
HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT the Site,
Services, Content OR INFORMATION AVAILABLE THROUGH the Site and Services WILL
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FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. the Site and Services, INCLUDING,
WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR
ACCESSED THROUGH OR SENT FROM the Site and Services, ARE PROVIDED “AS IS,” “AS
AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND.
VENTUREBEAT PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE
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ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR
CONSEQUENTIAL DAMAGES) IN CONNECTION WITH the Site, Content, and Services OR
YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF
VENTUREBEAT PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
(INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY
NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT).
VENTUREBEAT PARTIES’ LIABILITY IN CONNECTION WITH the Site, Content, and Services
OR YOUR USER SUBMISSIONS FOR WILLFUL MISCONDUCT WILL NOT EXCEED THE AMOUNT, IF
ANY, PAID BY YOU TO VENTUREBEAT FOR THE SPECIFIC SERVICE AS TO WHICH THE
LIABILITY ARISES IN THE THREE MONTHS IMMEDIATELY PRECEDING THE FIRST
EVENT GIVING RISE TO THE CLAIM.
YOUR ACCESS TO AND USE OF the Site, Content, and Services
IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH the Site, Content, and Services
OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
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YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES
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PRODUCT, PROGRAM, TELEVISION SHOW, MOTION PICTURE, OR OTHER AUDIO/VISUAL
CONTENT OWNED OR CONTROLLED BY VENTUREBEAT PARTIES, INCLUDING WITHOUT
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YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH
RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE
TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE,
CALIFORNIA CIVIL CODE § 1542 OR SIMILAR LAWS OF OTHER JURISDICTIONS, THAT
OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE
ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.