Caroline Beck, Inc.
2. Changes to This Agreement: Caroline Beck may make changes to this Agreement from time to time in its sole discretion. Each time changes are made to this Agreement, a revised Agreement will be posted on the site. Your continued use of any portion of the site following the posting of changes constitutes your acceptance of any such changes. Any new features or functionality or improvements to the site, (including without limitation, video, contests, and related projects), that augment or enhance the site shall be subject to the Agreement as well. You may review the most current version of this Agreement at any time at www.carolinebeck.org
3. (a). Ownership of the Site and Protection of Our Intellectual Property Rights: The content of the site is intended for the personal, noncommercial use of our users. The site is a website of Caroline Beck, Inc. All right, title and interest to the content displayed on the site, including but not limited to the site’s look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by third parties, is protected by copyright as a collective work or compilation, are the property of Caroline Beck or of the respective third parties, and are also protected by trademark, patent or other proprietary rights and law. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we, subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements, have all rights herein.
(b). Except as expressly authorized by Caroline Beck, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer or create derivative works based on the site or any content, including without limitation, any software available through the site.
(c). By commenting or submitting content on or to our site, regardless of the form or medium with respect to such content, whether text, videos, photographs, audio, suggestion, ideas, graphics, videos, content, data, and other information that you transmit to the site through Caroline Beck, (each, a “submission”), shall remain your sole and exclusive property, and you shall be solely responsible for your submission and the consequences of posting or publishing it. By submitting your submission you hereby grant Caroline Beck and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works), to use, copy, transmit or otherwise distribute, perform, publicly perform and display your submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of Caroline Beck and the site a non-exclusive license to access your submission through the site and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your submission to the extent expressly authorized by Caroline Beck on the site and/or in this Agreement.
(e). By making a submission, you waive the right to make any claim against Caroline Beck or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, or officers related to the submission, including, but not limited to unfair competition, invasion of privacy, negligence, breach of contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your submission: (i) shall be true, accurate, current, complete and not misleading, (ii) shall not violate the rights of any third party, including, but not limited to intellectual property and proprietary rights, (iii) shall not be fraudulent or involve counterfeit or stolen information or items, (iv) shall not violate any law, statute, ordinance or regulation, and (v) shall not create any liability for Caroline Beck or any of its respective affiliates, parents, successors, assigns, agents, directors, officers, or independent contractors. You also agree to promptly update your submission by means of Caroline Beck services in order to keep that information true, accurate, current and complete.
(f). You further agree that you (i) own or have the necessary licenses, rights, consents and permissions to use and authorize Caroline Beck to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your submission to enable inclusion and use of the submission in the manner contemplated by this Agreement; and (ii), you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the submission in the manner contemplated by this Agreement.
(g). Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that unless you and we agree otherwise, we may, or may permit other users to , based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and unless you and we agree otherwise, you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same, as so compiled, re-edited, adapted, modified or derived, for any period.
4. Participation Disclaimer: Caroline Beck does not and cannot review all submissions posted to or created by users accessing Caroline Beck services, and is not in any manner responsible for the content of these communication or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through Caroline Beck Services, Caroline Beck is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Caroline Beck and its respective parents, subsidiaries, affiliates, successors, assigns, independent contractors, agents, directors, officers and others do not undertake or assume any duty to monitor the site for in appropriate content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud or misrepresentation.
5. Right to Block or Remove Content: Notwithstanding the foregoing Participation Disclaimer, Caroline Beck reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to Caroline Beck in its sole discretion.
Caroline Beck and its affiliates, successors, assigns, independent contractors, agents, directors, and officers do not undertake or assume any duty to monitor our site or inappropriate or unlawful content. Caroline Beck and its affiliates, successors, assigns, independent contractors, agents directors, and officers assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Caroline Beck reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
6. Your Agreements on Use: You agree not to use the site to:
(a). Post any submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s piracy, hateful, or racially, ethnically, or otherwise objectionable.
(b). Harm or threaten to harm users in any way.
(c). Stalk or otherwise harass any other person or entity.
(d). Impersonate any person or entity, including a Caroline Beck officer, agent, enthusiast, or moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(e). Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in areas that are designated by Caroline Beck for such purpose.
(f). Disseminate or transmit any content that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether protected as a trade secret or not) in violation of a duty of confidentiality.
(g). Disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs.
(h). Violate any law (whether local, state, national, or international), whether or not intentionally.
(i). Forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission.
(j). Post any content that you do not have a right to under any law or under contractual or fiduciary relationship (which includes inside information, proprietary or confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements).
(k). Interfere with or disrupt Caroline Beck services, the site, or servers or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the site.
(l). Collect or store personal data about other users.
(m). Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law, or
(n). Post any material that contains software virus or other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
7. Site with Registration: The site may enable users to register to obtain certain of Caroline Beck services. Registration is initially available to anyone of requisite age and citizenship and is limited to one registration per user. By registering for these services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested by Caroline Beck registration form, (“the Registration Information”), and (b) maintain and update the Registration Information to keep it true, accurate, current and complete. In addition to other grounds for suspension or termination of your use of Caroline Beck services, if you provide any information that is untrue, inaccurate, not current or incomplete, or Caroline Beck has reasonable grounds to suspect that the information you have provided is untrue, inaccurate, not current or incomplete, Caroline Beck has the right to suspend or terminate your access and refuse you any and all use of the site.
8. Security: Information we gather on our website is stored within Caroline Beck controlled databases (or databases hosted on our behalf) on servers maintained in protected environments. However, no physical or electronic security system is impenetrable. We cannot guarantee the security of our servers or databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet.
9. Discontinuation, Suspension, or Termination: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our site (or any part thereof) with or without notice. You agree that Caroline Beck shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our site for any reason, and to take any other actions that Caroline Beck, in its sole discretion, believes to be in the interest of Caroline Beck and of our users as a whole.
Access to certain of Caroline Beck services may require you to choose a user name (or nickname) and password. If you do so, you are responsible for maintaining the confidentiality of your password and account at the end of each session. In selecting a user name, you agree that you will not (i) select or use a screen name of another person with the intent to impersonate that person, (ii) use a name subject to the rights of any person without their authorization, or (iii) use a screen name that is offensive to people of ordinary sensitivities, illegal or infringing. You are fully responsible for all activities that occur under your password or account. You agree to (a) to notify Caroline Beck immediately of any unauthorized use of your password or account or any other breach of security and (b) to ensure that you exit from your account at the end of each session. Caroline Beck cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
10. Links to Other Websites: Caroline Beck services often include links to other World Wide Web sites or resources. Caroline Beck has no control over such sites and resources, and is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible for or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Caroline Beck shall not be responsible or liable, directly or indirectly for any damage or loss caused by or in connection with use of or reliance upon any such content, goods or services available on or through any such site or resource. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Caroline Beck has no control and which will govern your rights and obligations with respect to use of those websites.
11. Contact with Advertisers or Third Party Vendors: Except as otherwise expressly agreed by Caroline Beck, your dealings with advertisers and third party vendors found on or through Caroline Beck, including your participation in promotions, the purchase of goods and any terms, conditions, warranties or representations associated with such activities, are solely between the third party and you. Caroline Beck does not make any representations or warranties of any kind with respect to any content, goods, services, information, other materials or web sites that may be obtained from such third parties and you agree that Caroline Beck will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance upon such content, good, services, information, other materials or web sites available, or through such third parties, or the site. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Caroline Beck has no control and which will govern your rights and obligations with respect to the use of those web sites.
12. Compliance with Laws: You agree to comply with all applicable laws regarding your use of the site, including without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical data exported from the United States or the country in which you reside.
13. Modification to Caroline Beck Services: Caroline Beck agrees to reserve the right at any time and from time to time to modify, suspend, discontinue or terminate Caroline Beck services (or any part thereof) with or without notice for any reason. Caroline Beck will not be liable to any user or any third party for any modification, suspension, discontinuation or termination of Caroline Beck services.
14. Termination of Your Access to Caroline Beck Services: Caroline Beck may in its sole discretion may terminate your access to any of Caroline Beck’s services, and/or remove, discard or modify any submission or content within the Caroline Beck services for any reason including, without limitation, for lack of use or if Caroline Beck believes that a submission violates or acts inconsistently with the letter or spirit of this Agreement. Any termination of a user’s access to Caroline Beck services may be effected without prior notice and acknowledgment and Caroline Beck may immediately deactivate or delete a user’s account and all related information and files and bar any further access to such files or Caroline Beck services. If a user is in violation of this agreement, Caroline Beck may, in its sole discretion, retain all data collected from such user’s use of the site. Caroline Beck shall not be liable to user or any third party for the discontinuation or termination of its access to the Caroline Beck services, or collection of information notwithstanding in the case of said violation of this Agreement, even if advised of a claim for damages.