The purpose of this website, conceptcradle.com (the “Site”), owned and operated by conceptcradle ("us", "we" or "our"), is to provide web publishing services. Please read these terms of service (“Agreement”) carefully before using the site or any services provided on the Site (collectively, “Services”). By using or accessing the Services, you agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The Services are accessed by You (“Subscriber” or “You”) under the following terms and conditions:
Subject to the terms and conditions of this Agreement, we may offer to provide the Services which are selected by Subscriber. Services shall include, but not be limited to, any services we perform for the Subscriber, as well as the offering of any Content (as defined below) on the Site. We may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. We may also impose limits on certain features and services or restrict Subscriber’s access to parts or all of the Services without notice or liability. We reserve the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Site. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such modification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified.
Subscriber certifies that it is legally permitted to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site. We will use reasonable efforts to ensure that the Site and Services are available twenty-four hours a day, seven days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by us to minimize such disruption where it is within our reasonable control.
You agree that neither us nor the Site will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site, the service, your Subscriber Content or other Content.
We retain the right to create limits on use and storage in its sole discretion at any time with or without notice.
Subscriber shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. Subscriber shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.
Subscriber may download or copy the Content, and other items displayed on the Site for download, provided that Subscriber maintains all copyright and other notices contained in such Content. Downloading, copying, or storing any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from the copyright holder identified in such Content's copyright notice.
Subscriber shall own all Subscriber Content that Subscriber contributes to the Site, but hereby grants and agrees to grant us a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so (“Content License”) in order to provide the Services. On termination of Subscriber’s membership to the Site and use of the Services, we shall make all reasonable efforts to promptly remove from the Site and cease use of the Subscriber Content; however, Subscriber recognizes and agrees that caching of or references to the Subscriber Content may not be immediately removed. Subscriber warrants, represents and agrees Subscriber has the right to grant us and the Site the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that
(a) infringes, violates or otherwise interferes with any copyright or trademark of another party,
(b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it,
(c) infringes any intellectual property right of another or the privacy or publicity rights of another,
(d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party,
(e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or
(f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence.
We reserve the right to remove any Subscriber Content from the Site, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to us and/or the Site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if we are concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.
Subscriber is responsible for all of its activity in connection with the Services and accessing the Site. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services or to access the Site. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Site user.
Use of the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Site or the Service to
(a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual,
(b) harass, threaten, stalk or abuse any person or party, including other users of the Site,
(c) create a false identity or to impersonate another person, or
(d) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by You.
We have no special relationship with or fiduciary duty to Subscriber. Subscriber acknowledges that we have no control over, and no duty to take any action regarding: which users gains access to the Site; which Content Subscriber accesses via the Site; what effects the Content may have on Subscriber; how Subscriber may interpret or use the Content; or what actions Subscriber may take as a result of having been exposed to the Content. Much of the Content of the Site is provided by and is the responsibility of the user or subscriber who posted the Content. We do not monitor the Content of the Site and takes no responsibility for such Content. Subscriber releases us from all liability for Subscriber having acquired or not acquired Content through the Site. The Site may contain, or direct Subscriber to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site.
Although we and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither us nor the Site is responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating back-ups of your Subscriber Content.
The Services, Content and Site are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. We make no representations or warranties of any kind with respect to the Site, the Services, including any representation or warranty that the use of the Site or Services will
(a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data,
(b) meet your requirements or expectations,
(c) be free from errors or that defects will be corrected,
(d) be free of viruses or other harmful components.
To the fullest extent allowed by law, we disclaim any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. By using this Site, you acknowledge that we are not responsible or liable for any harm resulting from
(1) use of the Site;
(2) downloading information contained on the Site including but not limited to downloads of content posted by subscribers;
(3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers;
(4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.
Some places do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to Subscriber.
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links on the Site. Third party sites are not within the supervision or our control or the Site. Unless explicitly otherwise provided, neither us nor the Site make any representation or warranty whatsoever about any third party site that is linked to the Site, or endorse the products or services offered on such site. We and the Site disclaim:
(a) all responsibility and liability for content on third party websites and
(b) any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against the Site or us with respect to such sites and third party content.
As a condition to using Services, Subscriber will be required to register with us and select a password and conceptcradle.com URL. Subscriber shall provide us with accurate, complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Subscriber's account. Subscriber may not
(a) select or use as a conceptcradle.com URL a name of another person with the intent to impersonate that person; or
(b) use as a conceptcradle.com URL a name subject to any rights of a person other than Subscriber without appropriate authorization.
We reserve the right to refuse registration of, or cancel a conceptcradle.com URL in its discretion. Subscriber shall be responsible for maintaining the confidentiality of Subscriber's Site password. Subscriber is solely responsible for any use of or action taken under Subscriber’s password and accepts full responsibility for all activity conducted through Subscriber’s account and agrees to and hereby releases the Site and us from any and all liability concerning such activity. Subscriber agrees to notify us immediately of any actual or suspected loss, theft, or unauthorized use of Subscriber’s account or password. The Site will take reasonably security precautions when using the internet, telephone or other means to transport date or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.
Subscriber will indemnify and hold us, the Site's owners, directors, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Site, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber's account, of any intellectual property or other right of any person or entity.
In no event shall we, the Site's owners, directors, officers, shareholders, employees or members be liable with respect to the Site or the Services for
(a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever;
(b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles;
(c) damages for unauthorized use, non-performance of the Site, errors or omissions; or
(d) damages related to downloading or posting Content.
Either party may terminate the Services at any time by notifying the other party by any means. We may also terminate or suspend any and all Services and access to the Site immediately, without prior notice or liability, if Subscriber breaches any of the terms or conditions of this Agreement. Upon termination of Subscriber's account, Subscriber’s right to use the Services, access the Site, and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of Your access to and use of the Site and the Services shall not relieve Subscriber of any obligations arising or accruing prior to such termination or limit any liability which Subscriber otherwise may have to us or the Site, including without limitation any indemnification obligations contained herein.
Please review our Privacy Policy, which governs the use of personal information on the Site and to which Subscriber agrees to be bound as a user of the Site.
This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between You, the Site and us with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. We shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Subscriber except with our prior written consent. We may assign this Agreement in whole or in part at any time without Subscriber’s consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Subscriber does not have any authority of any kind to bind us in any respect whatsoever.
We respect the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Services.
Our intellectual property policy is to
(a) remove material that we believe in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Services, and
(b) remove any Subscriber Content posted to the Services by “repeat infringers.” We consider a “repeat infringer” to be any user that has uploaded Subscriber Content to the Services and for whom we have received more than two takedown notices with respect to such Subscriber Content. We have discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon our own determination.
If you believe your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please send an email to copyright@conceptcradle.com with all of the following information:
(1) identification of the copyrighted work claimed to have been infringed;
(2) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Services (providing the URL(s) of the claimed infringing material satisfies this requirement);
(3) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(4) a statement by you that you, in good faith, believe that the disputed use is not authorized by the copyright owner, its agent, or the law;
(5) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and
(6) your physical or electronic signature.
