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2. Description of the Website and Submissions.
The Website is a publishing and hosting web site that provides a forum where information can be shared in a productive environment by its visitors and members. You will be responsible for all activities occurring under your username and for keeping your password secure. You shall provide SEEP with prompt notice in the event you suspect that your username and password may have been compromised. SEEP reserves the right to modify, suspend, or discontinue the Website with or without notice at any time.
By posting to the Website or otherwise transmitting comments, pieces, notices, ideas or other information in any form including, but not limited to, visual or audio data (collectively referred to as the "Submissions") to us, you grant to SEEP and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right (including moral rights) and license to use, reproduce, distribute, create derivative works based on, perform and/or display such Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Submissions. You also agree to permit any other user to access, display, view, store and reproduce such Submissions for personal use. You acknowledge that to the extent that you include personally identifiable information in your Submissions, we may republish such information.
Although SEEP has no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: (i) monitor the Submissions; (ii) alter, edit, or remove any Submission in whole or in part; or (ii) disclose any Submissions.
The posting of Submissions on the Website by users does not indicate any approval or endorsement by SEEP of such Submissions. SEEP is not responsible for, and hereby disclaims any and all liability that may arise from the Submissions or any act of accessing, browsing, contributing to or otherwise using the Website.
3. Proper Use.
You agree that you are responsible for your own use of the Website, for any Submission you make, and for any consequences thereof. You agree that you will use the Website in compliance with all applicable local, state, national, and international laws, rules and regulations, including, but not limited to, any laws regarding the transmission of technical data exported from your country of residence and all United States export control law.
To provide a forum where ideas can be shared between users in a productive and safe environment, you agree NOT to:
• Post any private information, or otherwise harvest, collect or disclose information, about another user or any other person without his or her express consent;
• Post any content to the Website that is unlawful, racist, hateful, libelous, defamatory, obscene, or that intentionally discriminates against or harasses particular individuals or groups;
• Post any content to the Website that infringes any third party's intellectual property or other rights;
• Use the Website for any unlawful purpose, or transmit or otherwise make available in connection with the Website any material that would give rise to criminal or civil liability;
• Use the Website for advertisements, chain letters, spam, survey solicitations, junk mail or solicitations;
• Impersonate any person or entity, including any SEEP employees, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• Imply that SEEP endorses any of your statements or positions;
• Take any action that imposes an unreasonable burden on the Website's server;
• Use any device, software, routine or other means to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website,
• Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or making up the Website; and/or
• Delete or alter any material posted by any other person or entity.
4. Third Party Content and External Links.
Some information made available on or through the Website is provided by third parties such as news services or sponsors ("Third Party Content"). The inclusion or appearance of Third-Party Content on the Website does not indicate any approval or endorsement by SEEP of such Third-Party Content. SEEP is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content or the act of accessing, browsing, or otherwise using such Third Party Content.
The Website contains links to third-party web sites ("External Sites"). The content of such External Sites is developed and provided by others. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.
We are not responsible for the content of any External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
5. Intellectual Property
You acknowledge that SEEP owns all the materials produced by SEEP for the Website including all photographs, graphics, video and audio content (collectively referred to as the "Content"). Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Content. You also agree that you will not use any robot, spider, or other automated device or manual process to monitor or copy any Content from the Website.
The trademarks, service marks, and logos of SEEP (the "SEEP Trademarks") used and displayed on this Website are registered and unregistered trademarks or service marks of SEEP. Other SEEP, product, and service names located on the Website may be trademarks or service marks owned by third-parties (the "Third-Party Trademarks", and, collectively with the SEEP Trademarks, the "Trademarks"). Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the prior written consent of SEEP specific for each such use. The Trademarks may not be used to disparage SEEP or the applicable third-party, SEEP's or third-party's products or services, or in any manner (in SEEP's sole reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless SEEP approves the establishment of such a link by prior written consent. All goodwill generated from the use of any SEEP Trademark shall inure to SEEP's benefit.
SEEP claims no ownership or control over any Submission that you post or display on or through Website. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Submission you submit, post or display on or through the Website and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying your Submissions on or through the Website, you grant to SEEP and our designees a worldwide, non-exclusive, sublicenseable, assignable, royalty-free, perpetual, irrevocable right (including moral rights) and license to use, reproduce, distribute, create derivative works based on, perform and display such Submissions (in whole or in part) in any media now known or hereafter developed, for any purpose whatsoever, without compensation to you or any other provider of the Submissions. SEEP furthermore reserves the right to alter and/or edit any Submission or refuse to accept, post, display or transmit any Submission in its sole discretion.
You represent and warrant to SEEP that (i) you have full power and authority to enter into this Agreement; (ii) your Submissions are original to you or you have obtained all permissions, releases, rights or licenses required to grant the rights and assignment granted herein without obtaining any further releases or consents; (iii) your Submissions do not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, and do not contain any matter that is defamatory; and (iv) you are eighteen (18) years of age or older.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Website hosted by SEEP infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright). Notices and counter notices with respect to the Website should be sent to SEEP at:
1875 Connecticut Avenue - Suite 414
Washington, DC 20009-5721
By e-mail: firstname.lastname@example.org
7. Limit of Liability and Warranty.
SEEP, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "SEEP PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, THE SUBMISSIONS, OR THE THIRD-PARTY CONTENT, INCLUDING BUT NOT LIMITED TO, ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. THE SEEP PARTIES SHALL NOT BE RESPONSIBLE FOR OR SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ANY ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK.
THE WEBSITE IS PROVIDED ON AN "AS IS", "WHERE IS", AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE SEEP PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE SEEP PARTIES DO NOT WARRANT THAT THE WEBSITE OR ITS SERVICES WILL BE CONTINUOUS, UNINTERRUPTED OR SECURE, AND NOTIFIES YOU THAT OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF SEEP'S CONTROL. THE SEEP PARTIES FURTHER DO NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE WEBSITE WILL OPERATE ERROR FREE OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED TO SERVICE OR REPLACE EQUIPMENT OR DATA, NO SEEP PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
IN NO EVENT SHALL ANY SEEP PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A SEEP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE SEEP PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless SEEP, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access, contribution to, use or misuse of the Website. SEEP shall provide notice to you of any such claim, suit or proceeding. SEEP reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting SEEP's defense of such matter.
9. Termination of the Agreement.
SEEP reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website or the Content, at any time and for any reason without prior notice or liability. SEEP reserves the right to change, suspend, or discontinue all or any part of the Website or the Content at any time without prior notice or liability.
11. User Must Comply with Applicable Laws.
This Website is administered and operated by SEEP from its principal office in Washington, D.C., and it is not intended to subject SEEP to the law or jurisdiction of any country or territory. We make no claims concerning whether the Website may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The United States controls the import and export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Website to countries or persons prohibited under the export control laws. By downloading the Website, you expressly agree that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Website.
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of New York in the State of New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of SEEP to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against SEEP unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by SEEP and you, this Agreement constitutes the entire Agreement between you and SEEP with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.