These Terms of Use Agreement (the “Agreement”) is a legal agreement between you and Ackerly Green, the owner. By accessing and posting content to the Ackerly Green Site (“Site”) you become a user (“User”) and you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement as long as you remain a User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT USE THE ACKERLY GREEN FORUM.
1. Responsibility of User.
If you post material to the Site, post links on the Site, or otherwise make (or allow any third party to make) material available by means of the Site (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:
a. 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;
b. 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;
c. the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
d. 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);
e. the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
f. your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
g. your content is not named in a manner that misleads your readers into thinking that you are another person or company; and
h. you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by The Site or otherwise.
2. Your Content.
a. Ownership. You retain all of your ownership rights in your Content.
b. License. By submitting Content, including user comments, to the Site, you hereby grant Ackerly Green a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Site and Ackerly Green’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Content (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your Content through the Site, and to use, reproduce, distribute, display and create derivative works from such Content as permitted through the Site and under this Agreement.
c. Blog. You acknowledge that Ackerly Green may use your Content on other sites, including at https://ackerlygreen.com (the “Blog”). If Ackerly Green uses your Content on the Blog, it may credit you in its sole discretion. Ackerly Green may also edit your content in its sole discretion. If you wish not to be credited for your Content on the Blog, you can request that your name be removed from the content by sending an email Ackerly Green at EMAIL.
d. Third Party Rights. You agree that Content you submit to the Site will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Ackerly Green all of the license rights granted herein. Ackerly Green does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Ackerly Green expressly disclaims any and all liability in connection with Content. Ackerly Green does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Ackerly Green reserves the right to remove Content without prior notice.
3. Account Termination Policy.
Ackerly Green will terminate a user’s access to the Site if, under appropriate circumstances, the user is determined to be a repeat infringer. Ackerly Green reserves the right to decide whether Content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Ackerly Green may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Use.
4. Digital Millennium Copyright Act.
a. Notice. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to our DMCA Agent at 90 Broad Street, NY NY 10004, or email: writeus@ackerlygreen.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
b. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
i. Your physical or electronic signature;
ii. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
iv. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Ackerly Green may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Ackerly Green’s sole discretion.
5. Your Site Account
If you create an account on the Site, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Ackerly Green of any unauthorized uses of your account or any other breaches of security. Ackerly Green 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.
6. Ownership, Copyrights, Trademarks, Licenses.
Ackerly Green owns and retains all proprietary rights to the Ackerly Green trademarks and copyrights. No rights in or title of any Ackerly Green trademarks and copyrights are, transferred or assigned to you.
7. No Warranties.
THE ACKERLY GREEN CONTENT, SERVICES, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE ON OR THROUGH THE FORUM ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ACKERLY GREEN DOES NOT WARRANT THAT THE FORUM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ACKERLY GREEN DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE FORUM OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE ACKERLY GREEN WEBSITE. USE OF THE ACKERLY GREEN CONTENT AND SERVICES IS ENTIRELY AT YOUR OWN RISK.
8. Jurisdiction.
This Agreement or any dispute arising from this Agreement is governed by the laws of New York, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Eastern District of New York, and you hereby consent to the jurisdiction of any such court.
9. Indemnity.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Ackerly Green, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.
10. Ability to Accept Terms of Use.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.
11. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ackerly Green without restriction. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
12. Notification of Changes to Terms of Use.
Ackerly Green will post changes to the Agreement to this Terms of Use page, and other places it deems appropriate. By continuing to use the Site, you agree and accept the changes and agree to the Agreement.
13. Contact Information
. If you have any comments, questions or concerns regarding this Agreement, please send an email to writeus@ackerlygreen.com.
Last updated October 12, 2017.