TERMS AND CONDITIONS OF WEBSITE USE
Effective Date: August 11, 2009
Welcome to the website of the Weekday Worrier (“WW”). Yes, I’m a lawyer by day, so please humor me and read these Terms and Conditions of Website Use (“Terms and Conditions”) carefully before using our website. By using the site, you accept these Terms and Conditions and our Privacy Policy. These Terms and Conditions may be updated by us at any time. If you do not agree to these Terms and Conditions for any reason, please do not use this website.
Permitted Uses of Our Site and Content
WW provides a variety of content, including video and audio clips, digital downloads, text and images (the “Content”). All Content on our website is the intellectual property of WW or certain third parties, and is protected by copyright law. We have listed below the permitted uses of our Content by visitors to this site. We reserve the right to change our permitted uses at any time.
Remember, just because you might want to make some use of the Content that is not listed here doesn’t mean you can’t ask (at weekdayworrier AT gmail.com). I’m a nice(ish) guy—I may just bend the rules for you.
1. All Content on this website is subject to the Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 United States License. Please read the license before using the Content. You may only use the Content as permitted by that license and these Terms and Conditions (or as otherwise permitted by applicable copyright law).
2. You may copy and print individual pages of our website, subject to the above Creative Commons license. However, you may not extract, copy or download a large portion of the Content, such as by a bot, webcrawler, scraper, spider or other device that “harvests” portions of the site.
3. Any copies of our website pages must not remove our copyright notice or other legends.
4. You may link other websites to this website, but you may not imply or suggest that WW has endorsed or is affiliated with such websites. You may not display this website as “framed” within another website.
Submitting Your Content
WW welcomes your comments and any other content you choose to submit to us. To avoid any misunderstandings, please be advised that we have, and you hereby grant us, the right to (and to allow others to) use, copy and distribute all of your user comments and any content you submit to us, without compensating or notifying you.
Prohibited Uses of Our Site and Content
WW has the right (but not the obligation) to monitor this website for any violations of the policies below and to take all appropriate actions in response (including removing material submitted to our website), without notice to you. We reserve the right to change or supplement these policies at any time.
1. You may not post or send through our site any materials or communications that are defamatory, obscene, profane, indecent, pornographic, harassing, threatening, abusive, or otherwise objectionable in our sole discretion.
2. You may not post or send through our site any materials or communications that may be deemed to be lobbying or electioneering communications within the meaning of applicable federal law.
3. You may not (and may not encourage others to) violate any law, regulation, rule or the intellectual property, privacy or publicity, or contractual rights of others, or attempt to violate the security of this website or use or gain access to the identities, information or computers of others through this website.
4. You may not use this website for commercial, marketing or advertising purposes or to solicit information, transactions or money from other site users.
5. You may not use this website to engage in spamming, flooding, flaming, trolling, spoofing, griefing, phishing or other unauthorized or unwelcome online conduct.
6. You may not transmit any virus, worm, time bomb or similar system interference or corruptant through this site.
You agree to indemnify and hold harmless WW and its affiliates and their respective employees, agents and representatives from any and all liabilities, damages, losses, claims, expenses and fees resulting from your violation of our website policies.
Links to Other Websites
For your convenience, this website may occasionally link to other persons’ or companies’ websites. We do not endorse, and do not have any responsibility for, any other websites, including their products and services, content, communications and website use policies. You access all other websites from this website entirely at your own risk.
Copyright Policy
Weekday Worrier (“WW”) respects the intellectual property rights of others and asks that our website users do the same. Pursuant to Section 512(c)(2) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998 (“DMCA”), WW has designated an agent to receive notifications of claimed infringement. If you believe that your copyrights or other intellectual property rights have been infringed or violated on this website, or if you have any questions or complaints regarding copyright infringement on this website, our designated contact is:
Copyright Claims Agent
Weekday Worrier
TTS PO Box 113
New York, NY 10108
weekdayworrier [at] gmail.com
To complain about such infringement, you must write to the above contact (including by e-mail) and provide the following (preferably in this format):
1. Your name, address, telephone number and, if available, e-mail address;
2. A detailed description of the copyrighted material(s) and/or work(s) that you claim is/are being infringed on this website;
3. A detailed description of the material(s) and/or work(s) that you claim is/are causing such infringement, and enough information (e.g., the specific web page address) to locate such material(s) and/or work(s) within the website;
4. A statement that you have a good-faith belief that use of the copyrighted material(s) and/or work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
5. A statement that the information in your notification is accurate and, under penalty of perjury, that you either own the copyright (or an exclusive right under the copyright) in the material(s) and/or work(s) that you claim is/are being infringed, or are authorized by such owner to act on its behalf; and
6. Your physical or electronic signature.
Once WW receives such a notice, we may remove or disable access to the material claimed to be infringing and/or, in appropriate circumstances and at our sole and absolute discretion, terminate the access of infringing users. If we remove or disable access to material in response to such a notice, we will make a good-faith attempt to contact the individual or entity who submitted it.
Pursuant to Section 512(g)(2) and (3) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, the provider of content affected by an infringement notification may make a counter-notification. When we receive a counter-notification, we may reinstate the material in question.
To make a counter-notification, you must write to the above contact (including by e-mail) and provide the following (preferably in this format):
1. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the U.S. District Court for the judicial district in which your address is located (or New York County, New York, if your address is outside the United States) and that you will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(1)(C) or an agent of such person;
2. A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (e.g., the specific web page address or other unique identifying information);
3. A statement from you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your physical or electronic signature.
Trademarks
“Weekday Worrier,” weekdayworrier.com and certain other marks displayed on this website are trademarks owned by WW. Certain other trademarks displayed on this website are the property of their respective owners.
Disclaimer
We hope you enjoy using this website, but please understand that you do so solely at your own risk. You agree that WW makes no representations or warranties, either express or implied, with respect to this website, and is not responsible for any liabilities, damages, losses, claims, expenses or fees relating to this website, including its operation, functionality, security, transmission of viruses or other subject matter, or any errors or omissions in the Content.
Changes to Terms and Conditions
We may revise or supplement these Terms and Conditions from time to time. If we make any substantial changes to these Terms and Conditions, we will notify you by posting a prominent announcement on our website.
International Use
We make no claim that our website is appropriate or lawful for use or access outside the United States. If you access this website from outside the United States, you do so at your own risk. You are solely responsible for complying with all local laws, rules and regulations regarding online conduct and website access. By sending us any of your data, you consent to its transfer to and storage within the United States.
Governing Law/Forum
These Terms and Conditions are governed by New York law. If we have a dispute regarding this policy or your use of our website, you agree that it shall be resolved solely in the state or federal courts located in the borough of Manhattan, New York City.
© 2009 Weekday Worrier
Weekday Worrier 