Please read this agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by e-flux, acceptance is expressly limited to these terms.
1. Your conversations.e-flux.com account
If you create an account on the Website, 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 e-flux of any unauthorized uses of your account or any other breaches of security. e-flux 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.
2. Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, hereby referred to as “Content”), you are entirely responsible for the content of, and any harm resulting from, that same 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:
–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;
–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;
–the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
–the Content is not spam, is not machine-generated 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); it 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;
3. User Content License
User contributions are licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 Unported License. Without limiting any of those representations or warranties, e-flux has the right (though not the obligation) to, in e-flux’s sole discretion refuse or remove any content that, in e-flux’s reasonable opinion, violates any e-flux policy or is in any way harmful or objectionable.
4. Responsibility of Website Visitors
e-flux has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, e-flux does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. e-flux disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which conversations.e-flux.com links, and that link to conversations.e-flux.com. e-flux does not have any control over those non-www.example.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-conversations.e-flux.com website or webpage, e-flux does not represent or imply that it endorses such website or webpage. e-flux disclaims any responsibility for any harm resulting from your use of non-www.example.com websites and webpages.
6. Intellectual Property
This Agreement does not transfer from e-flux to you any e-flux or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with e-flux. Trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any e-flux or third-party trademarks.
e-flux reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. e-flux may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
8. Disclaimer of Warranties
The Website is provided “as is.” e-flux and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. e-flux cannot make any warranty that the Website will be error free or that cess thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability
In no event will e-flux, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. e-flux shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty
You agree to indemnify and hold harmless e-flux, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between e-flux and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by e-flux, or by the posting by e-flux of a revised version. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This document is CC-BY-SA. It was last updated May 31, 2013.