CalvinAyre.com – Terms and Conditions
Latest Update: November 23rd, 2009
These terms form a legally binding agreement between you and CalvinAyre.com in relation to your use of the Site – don’t just go “yeah, yeah” – read them! We mean it.
People who enter contracts without reading them shouldn’t leave their house unsupervised.
Welcome to CalvinAyre.com!
Please read the fine print before using, or submitting content in any form or medium for publication on, CalvinAyre.com (the “Site”). And by “please” we mean “do it” and even if you don’t we’ve told you to and you can’t later whine “but I didn’t know…”.
By continuing to use the Site, or by submitting content for publication on the Site, you agree to abide, and that you are bound, by these terms.
Seriously. It’ll take two minutes, max.
Changes to the Fine Print
We reserve the right to change these terms at any time (hey, it’s our Site), and you agree (including by virtue of your continued use of our Site) to be bound by any such changes.
“But I’m too busy updating my Facebook status that no one reads!” you say? Too bad. That’s the deal.
Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance the Site shall be subject to these terms. The most current terms and conditions can be found on the Site at any time, so check them. It’s not that hard.
Just Because It’s on the Web Doesn’t Mean it Belongs To You
The Site (including all text, photographs, graphics, video and audio content contained on the Site) is protected by copyright as a collective work or compilation under national and international copyright laws, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein.
In other words, this is all our stuff or it belongs to people we have deals with and we’re allowed to use it.
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 therein. You must abide by all additional copyright notices or restrictions contained on our site.
So, don’t steal it. Think scraping the Site for content and re-posting it somewhere else is cool? Think again.
Changes to the Site, Shutting it Off, or Shutting You Off
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. “But I love it so much, you can’t ever leave!” you say. Get a life – it’s a website.
You agree that we shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site. In addition, we reserve the right to terminate your access to the Site for any reason, and to take any other actions that we think we should, in our sole discretion.
So, by all means use the Site, but don’t be a jackass or we’ll cut you off.
Submitting Stuff – Generally
Read this section carefully. This stuff all still binds you whether you read it or not, but let me break the highlights down for you…
• If you submit stuff to the Site, make sure you own it or are entitled to use it like that.
• If you have pictures or images of other people in stuff you upload, be damn sure you’ve got their permission or that you’re entitled to use their images.
• Make sure you’re not a racist, sexist, hateful ass.
• Have an opinion, but don’t harass people.
• Don’t lie.
• Don’t post your advertising crap and pretend it’s commentary.
Do this stuff at your peril because we’ll hold you responsible for your own actions. Plus, karma’s a bitch.
You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these terms; and (II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these terms and conditions. In furtherance of the foregoing, you agree that you will not: (I) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (II) publish falsehoods or misrepresentations that could damage us or any third party; (III) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (IV) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice.
What We Can Do With Your Stuff
Obviously, if you upload stuff, we need to have the rights to use it. This section describes how.
By posting or submitting content on or to the Site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third party contractors the right to display or publish such content on the Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. So, if you upload it, we can use it.
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 users to, based solely on functionality provided and enabled by our Site, 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.
What You Can Do With Our Stuff
This is really easy to remember. Basically, you can’t do anything with the stuff on the Site without our permission, period. Why? Because it’s not yours.
Here’s how the lawyer puts it… unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of our Site or any content thereon. Without limiting the generality of the foregoing, you may not distribute any part of the Site or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
There’s only one exception to this easy-to-remember rule: just as we from time to time excerpt materials from other sources in order to support the various commentaries and writings contained on the Site, we respect the right of others to make legal “fair use” of the materials contained on the Site, so, you can from time to time excerpt small portions and use materials set forth on this site consistent with the principles of “fair use”. Why is “fair use” in quotations? Because it’s a legal term. Before you go nuts, talk to a lawyer if you’re not sure.
Some People Can be Mean
We don’t control what other people say, but we do want people to have a forum to express their opinions on the Site. However, the opinions and other statements expressed by are theirs alone, and aren’t necessarily our opinions. Content created by other people is their sole responsibility and we don’t necessarily endorse or guarantee anything they say.
You acknowledge that by providing you with the ability to view and distribute content through the Site, we’re not undertaking any obligation or liability relating to the content. The Site and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor the Site for inappropriate or unlawful content and 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, we reserve the right to block or remove communications, postings or materials at any time in our sole discretion.
You’re Responsible if You Violate These Terms
Remember how we told you to read these terms carefully? That’s because if you breach these terms or any of your representations or warranties in these terms, you agree to indemnify and hold harmless the Site and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your breach. Also, if someone sues us because of something you did, we reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification and you agree to cooperate as we request.
Legal Disclaimers (They’re in CAPS because they’re IMPORTANT)
THE SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES
Our Liability is Limited
Look, it’s a website. It’s supposed to be fun and informative and useful, but we’re not saving the whales here or distributing pacemakers. So, we’re not going to be liable for a bunch of stuff.
So, the Site and its operators, affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of these terms).
Any claim against us shall be limited to the amount you paid, if any, for use of the Site, which, let’s face it, is probably nothing.
Any Dispute Between Us Will be Governed by Antiguan Law
These terms and conditions, and any claim arising out of or relating in any way to your use of or access to the Site, or the content thereupon, shall be governed by and construed in accordance with the laws of the State of Antigua and Barbuda. No choice of law rules shall apply and you irrevocably attorn to the exclusive jurisdiction of the courts of Antigua and you expressly waive any right you might have to a jury trial.
Why? Because that’s where the Site is. Besides, it’s nice here. Bring sunscreen.