I. General Rules and Definitions
In consideration of your use of any of the Websites, you represent that you are at least thirteen years old and are not a person barred from using the Websites under the laws of Canada or other applicable jurisdiction.
II. Intellectual Property
A. Ownership; License
The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any of the contents of any of the Websites, or any other use of such content, except pursuant to the express limited grant of rights hereunder, is strictly prohibited.
- listen to music and view videos streamed from the Websites, and participate in the Websites’ community areas;
- create profile pages on the Websites for non-commercial and private use;
- communicate with other members of the Websites’ communities;
- embed and display the contents of the Websites on your own personal website or other non-commercial external websites; and
- download the contents of the Websites onto a computer for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein
- Participate in and share posts from the www.freethinkernation.com/networking-center
B. User Uploaded Information
The Website may allow you to upload or submit information, software, text, images, audio, video, articles, research papers and other materials to, through or on the Websites (“User Uploaded Information”). For example, the Websites may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas. freethinkernation.com does not endorse any User Uploaded Information and your use of any User Uploaded Information is at your own risk. freethinkernation.com reserves the right, to delete, move or edit User Uploaded Information, in whole or in part, for any reason in its sole discretion. Freethinkernation.com undertakes no obligation to pre-screen User Uploaded Information, but may, in its sole discretion, monitor, modify, transmit over various networks, refuse, limit, move, block access to or remove any User Uploaded Information. You agree not to accept payment for User Uploaded Information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Uploaded Information.
You are solely responsible for all User Uploaded Information that you make available via any of the Websites. Under no circumstances will freethinkernation.com be liable to you in any way for any User Uploaded Information that you upload, post, or otherwise make available via any of the Websites including, but not limited to, any errors or omissions in User Uploaded Information, or for any loss or damage of any kind incurred as a result of User Uploaded Information.
When you upload User Uploaded Information via the Websites, you grant to freethinkernation.com, without any credit or compensation to you, a royalty-free, non-exclusive, worldwide, perpetual, unrestricted, irrevocable, and fully transferable, assignable and sub-licensable license to use, modify, display, copy, reproduce, disclose, sell, translate, create derivative works of, distribute, and export any User Uploaded Information, in whole or in part, or to incorporate it in other works in any form, media, software or technology of any kind for any purposes whatsoever.
freethinkernation.com reserves the right to remove any content contained in or posted to the Websites that allegedly infringes another person’s copyright.
Notices to freethinkernation.com regarding any alleged copyright infringement on the Websites should be directed to Freethinker Nation Support at firstname.lastname@example.org, . Please follow the procedures for reporting suspected infringement.
You retain the copyrights of your own uploaded materials such as papers, ideas, inventions, articles etc., but allow freethinkernation.com to publish the material at our discretion with proper attribution to you/the owner of the material.
- Each Site may, in accordance with its own Additional Terms, offer you the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (“Content”). You retain ownership of any intellectual property rights that you hold in the Content.
- You grant to us a royalty-free, non-exclusive, perpetual, irrevocable license to use, copy, edit, adapt, publish, reproduce, translate, sub-license, create derivative works from, make available, communicate, display, store and distribute your Content (in whole or part) and/or to incorporate it in other works in any form, format, media, or technology now known or later developed (including without limitation in print, digital and electronic form) throughout the world in accordance with the provisions of these Terms. By submitting your Content, you warrant that you have the right to grant this license. To the extent permitted by law, you waive all moral rights in your Content. To the extent that you are unable to waive any such moral rights, you agree not to assert the same.
- It is our sole discretion, subject to any rules and procedures applicable to any Site, whether or not we choose to publish or otherwise make available Content on the Site. We may remove Content at our discretion, subject only to our express obligations in respect of peer-reviewed articles.
- For the avoidance of any doubt, you acknowledge and agree that we may:
- Continue to publish all or part of Your Content, including applications, your name, town and country, even if you change your mind and want us to remove it and/or you are no longer registered with the Site;
- remove your Content at our sole discretion (even if you have not breached these Terms).
- use all or part of your Content in promoting our products and services;
- reproduce your trade marks, trade names, service marks, logos, domain names or other identifying signs or images;
- publish and/or distribute widgets and other applications similar to yours and bearing our or another user’s branding or logo without any liability or responsibility to you;
- modify your Content in any way at our sole discretion.
- You acknowledge that we are not responsible for checking, monitoring or moderating any Content and you remain solely responsible for all Content that you upload or submit.
- By uploading or submitting Content to any Site, you warrant that (subject to the following sentences) you are the sole author of and owner of all proprietary rights in the Content. If the Content includes any material that belongs to a third party, you promise that you have obtained the permission of such third party owners to use their material in accordance with the provisions of these Terms, including its publication on the Site concerned and the right of visitors to the Site to download the Content, including such third-party material. You further warrant that you have attached all third-party copyright or proprietary notices which you are required to attach.
- You warrant and represent that your Content, and the content of any website from which you include a link to any Site, or to which you post a link from a Site, will not be inappropriate. Without limitation, Content (and the content of third-party websites) may be considered inappropriate if:
- it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
- it is defamatory, plagiarised (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
- it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by you;
- it prejudices any active or pending legal proceedings of which you are aware;
- it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
- it infringes any intellectual property rights proprietary to us or any third party;
- it is technically harmful (including Content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm us or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
- it advertises or promotes any product or service or makes any requests for donations or financial support;
- it is spam or junk content;
- it impersonates another person or otherwise misrepresents your identity, affiliation or status;
- it would be considered a criminal or statutory offence in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
- it is in breach of these Terms and/or of any Additional Terms.
- You must not attempt to avoid or undermine any protections we put in place for the security and operation of any Site.
- You must not attempt to gain unauthorised access to any Site, the server on which any Site is hosted or any server, computer or database connected to any Site or to attack any Site via a denial of service attack or by any means other than through a normal web browser in the generally-accepted manner, and in accordance with these Terms. By breaching the provisions of this clause, you may be committing a criminal offence. We shall report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them and your right to use the affected Site and any other Site whose use is subject to these Terms shall immediately and automatically cease.
- Unless you have our express permission to do so, you must not re-submit any Content or other material or applications which have previously been rejected or removed.
- You shall indemnify us on demand and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach or alleged breach by you of this clause 6.
- You undertake to defend us from and against any claim or action by a third party that the use or possession of any Content submitted or uploaded to any Site by you infringes the intellectual property of such third party, and shall on demand indemnify us and keep us indemnified against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by us arising out of or in connection with any such IPR Claim.
III. ~ User Accounts, Additional Terms, End User License Agreements & Subscriptions
IV. Restrictions on Use
The Websites are provided for lawful purposes only. By accessing or using the Websites, you agree and warrant that in connection with your use of the Websites you will not:
- alter any trademark, copyright and other proprietary or legal notices contained in the Websites; or
- manipulate the Websites in any way not intended and directed by freethinkernation.com; or
- copy or seek to copy or “rip” any audio and/or audiovisual content from the Websites; or
- exploit any part of the Websites for commercial gain or undertake any commercial activity utilizing the contents of the Websites without the prior written consent of freethinkernation.com, including, for example, inserting your own or a third party’s advertising, branding or promotional content into any of the Websites’ contents, materials or services; or
- upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
- any material that is false, unlawful, threatening, tortious, disparaging, abusive, libelous, defamatory, obscene, vulgar, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in freethinkernation.com’ sole discretion is otherwise objectionable; or
- information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or
- material of any kind that restricts or inhibits any other user’s uninhibited use and enjoyment of the Websites or interferes with, overburdens, impairs or disrupts the Websites, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or
- any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, requests for money, petitions for signature, or any other form of solicitation; or
- use or attempt to use another person’s information, account, password, service or system except as expressly permitted; or
- impersonate another person or entity; or
- engage in any conduct that infreethinkernations’ sole discretion restricts the ability of any other person to enjoy the use of any of the Websites; or
- solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about users.
VI. Third Party Content and Linked Sites
Third parties provide some of the contents of the Websites. Freethinkernation.com makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing.
In addition, third parties may offer goods, services and other materials to you on the Websites. Such dealings are solely between you and the third party. Freethinkernation.com will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. Under certain circumstances,freethinkernation.com may permit third-party users to upload content, in which event you, at your own risk, may be exposed to offensive, indecent or objectionable content. Descriptions of, or references to products, services or publications within the Websites do not imply endorsement by freethinkernation.com of that product, service or publication.
The Websites may include links to other sites that are not maintained by freethinkernation.com. Freethinkernation.com is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Websites, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content.. freethinkernation.com shall have no liability for any loss or damage arising from your use of any such site.
VII. Disclaimer; Restriction of Liability
The Websites and their contents are provided “as is” and “as available.” To the fullest extent permissible by applicable law, freethinkernation.com disclaims all warranties of any kind either expressed or implied, including any warranties of merchantability, noninfringement and fitness for a particular purpose.
freethinkernation.com will not be liable for any damages or injury caused by any use of the Websites or any materials or software, including but not limited to, any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, or line failure due to, arising out of or otherwise attributable to the use of the Websites. freethinkertnation.com will not be liable for any damages or injury, including but not limited to, any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages that are directly or indirectly related to
(1) the Websites or User Uploaded Information;
(2) the use of, inability to use, or performance of the Websites or any of the contents or features thereon;
(3) any action taken in connection with an investigation by freethinkernation.com or law enforcement authorities regarding your use of the Websites or the contents thereof;
(4) any action taken by or in connection with copyright owners;
(5) any errors or omissions in the Websites’ technical operation, whether in an action of contract, negligence, strict liability tort (including, without limitation, whether caused in whole or in part by negligence, acts of God, telecommunications failure, or theft or destruction of the Websites).
- The provisions of this clause 11 set out our entire financial liability (including any liability for the acts or omissions of our employees, agents and sub-contractors) to you in respect of all losses, claims or liabilities arising under or in connection with these Terms or your use of any Site generally, whether in contract, tort (including negligence), breach of statutory duty, or otherwise.
- The information and material contained on each Site is for information purposes only and does not constitute advice. Such information and material may be incorrect or out of date and should not be considered as a definitive or complete statement. You should check any information and material on the Site and use your own judgement before doing or not doing anything on the basis of such information or material. We make no representations or warranties with respect to the Site or its content. All warranties (express or implied) (including without limitation the implied warranties of satisfactory quality and fitness for purpose relating to any Site and/or its content) are hereby excluded to the fullest extent permitted by law. No representations or warranties are given as to the accuracy or completeness of the information or material provided on any Site or any website or webpage to which it is linked.
- Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or for fraud of fraudulent misrepresentation or any other liability that cannot be limited by applicable law.
- To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude any liability for:
- loss of or corruption to data; or
- loss of profit; or
- loss of anticipated savings; or
- loss of anticipated revenue; or
- loss of business; or
- loss of opportunity; or
- adverse effect on reputation and/or goodwill; or
- any indirect or consequential loss or damage save that for these purposes losses arising as a result of regulatory fines and damage to property shall to the extent arising as a natural consequence of the breach in question not be regarded as indirect or consequential.
- Subject to the provisions of clause 11.3 above, our total liability to you in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed an amount equal to the amount paid by you to us in the 12 month period immediately preceding the date on which such loss or liability arose or £250, whichever is greater.
- Without prejudice to the generality of the exclusions of liability contained in this clause 11, we shall not be liable to you if you cannot access any Site properly or at all (wholly or partly) or if some of its features are unavailable to you due to events outside our control (including without limitation the performance of any internet service provider, the performance of any internet browser, limitations of the device you use to access the Site and/or any malicious or unintentional harm done by yourself or others).
- We shall have no liability to you for any loss, damage or inconvenience suffered due to the unavailability, withdrawal, corruption or loss of any Content, material or other information or data from or on any Site, or for any use of or reliance on any Content on any Site.
- Whilst we monitor each Site with a view to locating and fixing defects, you acknowledge and agree that we cannot and do not guarantee that each Site or any individual feature of each Site will be error free, be available at all times and/or be free from viruses and defects. We shall not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any Site or to your downloading of any content on it, or on any website linked to it.
Maintenance of the Site
- You acknowledge and agree that from time to time we may need to suspend access to all or a part of any Site while we:
- fix defects and errors in the Site;
- install updates and undertake general diagnosis and maintenance of the Site; and
- undertake emergency maintenance and/or suspend access to the servers,
and that as a result of which the Site may be less accessible or unavailable to you from time to time
- You acknowledge and agree that from time to time we may need to suspend access to all or a part of any Site while we:
freethinkernation.com controls and operates the Websites and makes no representation that the contents of the Websites are appropriate or available for use outside of the Canada. If you use any of the Websites from a location outside Canada, you are responsible for compliance with applicable Canada and local laws, including export and import laws.
- We may from time to time provide interactive services on any Site, including (without limitation) chat rooms, bulletin boards and other forums (“interactive services“).
- Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical).
- We are under no obligation to oversee, monitor or moderate any interactive service we provide on any Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards at clause 6 of these Terms, and as contained in any Additional Terms, whether the service is moderated or not.
- The use of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
- Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
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