Six Apart - General Terms of Use

SIX APART GENERAL TERMS OF USE

1. ACCEPTANCE OF TERMS OF USE

1.1 Welcome to the family of Web sites, services and software provided to you by Six Apart Ltd. ("we" "us" "our" or "Six Apart").

1.2 Your use of any of Six Apart's Web sites (each, a "Site" and, collectively, the "Sites"), any of Six Apart's services (each, a "Service" and, collectively, the "Services") and any of Six Apart's software ("Software") is subject to these General Terms of Use (the "Terms of Use") in effect at the time of your use. Six Apart reserves the right to update and change these Terms of Use from time to time without notice or acceptance by you, so please check this page frequently for updates and changes. However, changes made to these Terms of Use will not apply to you to the extent that (i) the changes concern matters which are the subject of an actual dispute between you and Six Apart as of the date the changes take effect and (ii) Six Apart has actual notice of the dispute as of the date the changes take effect.

1.3 Your use of Six Apart's Sites, Services or Software is also subject to the Six Apart Privacy Policy in effect at the time of your use, which is incorporated herein as though set forth in full. For the purposes of the Six Apart Privacy Policy, Six Apart's Sites, Services and Software, singly and in combination, constitute part of the "Six Apart Sites, Products and Services." You can review the most current version of the Six Apart Privacy Policy by clicking here at any time.

1.4 Your use of Six Apart's Sites, Services or Software may also be subject to additional terms, conditions, policies and/or agreements applicable to that particular Site, Service or Software. In the event of any conflict between these Terms of Use and such additional terms, conditions, policies and/or agreements, the additional terms, conditions, policies and/or agreements will control. For the avoidance of doubt, if there are terms and conditions in these Terms of Use regarding subjects on which the additional terms, conditions, policies and/or agreements are silent, such silence will not constitute a conflict and the terms and conditions in these Terms of Use will control.

1.5 By signifying your acceptance of this Terms of Use or making any use of Six Apart's Sites, Services or Software, you signify your irrevocable acceptance of these Terms of Use and the Six Apart Privacy Policy in effect at the time of your use. If you are an individual acting as a representative of a corporation or other legal entity which wishes to use Six Apart's Sites, Services or Software, then you represent and agree that you have the authority to accept these Terms of Use and the Six Apart Privacy Policy on behalf of such corporation or other legal entity and that all provisions of these Terms of Use and the Six Apart Privacy Policy will bind that corporation or other legal entity as if it were named in these Terms of Use and the Six Apart Privacy Policy in place of you.

1.6 Six Apart's Sites, Services and Software are not intended for users under the age of thirteen (13). By signifying your acceptance of these Terms of Use or making any use of Six Apart's Sites, Services or Software, you represent and warrant that you are at least thirteen (13) years of age.

2. REGISTRATION, ACCOUNT INFORMATION AND SECURITY

2.1 When you register to use Six Apart's Sites, Services or Software, you must provide true, accurate, current and complete information about yourself and maintain and promptly update your account information to keep it true, accurate, current and complete.

2.2 You are responsible for maintaining control over access to your account, including the confidentiality of your account log-in and password, and are responsible for all activities that occur on or through your account, whether authorized by you or not. Six Apart will not be liable for any loss or damage arising from your failure to maintain control over access to your account.

3. USER-SUBMITTED CONTENT AND CONTENT LICENSES

3.1 Six Apart does not claim ownership over the content you post on or through Six Apart's Sites, Services or Software. After posting your content, you continue to retain your ownership of your content and you continue to have the right to use and license your content in any way you choose. But by using Six Apart's Sites, Services or Software, you are granting Six Apart a nonexclusive, worldwide, royalty-free, sublicenseable and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform and publicly display your content, subject to any restrictions on such distribution which you may implement through any content distribution controls provided to you by Six Apart as part of Six Apart's Sites, Services or Software. This license ends when you delete your content or your account (except to the extent that your content has been shared with others or syndicated to third parties and they have not deleted it). You may always decline to submit content to Six Apart, but please be aware that your decision may prevent you from being able to use all or portions of Six Apart's Sites, Services or Software.

3.2 You acknowledge that Six Apart does not pre-screen user-submitted content, but that Six Apart and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any user-submitted content that is available via Six Apart's Sites, Services or Software.

3.3 You will evaluate, and bear all risks associated with, the use of any user-submitted content, including any reliance on the accuracy, completeness, or usefulness of such content and you understand that all user-submitted content is the sole responsibility of the person from which such content originated. This means that you, and not Six Apart, are entirely responsible for all content that you upload, post, transmit or otherwise make available via Six Apart's Sites, Services or Software. Six Apart does not control the user-submitted content posted via Six Apart's Sites, Services or Software and, as such, does not guarantee the accuracy, integrity or quality of such content.

3.4 You understand that by using Six Apart's Sites, Services or Software, you may be exposed to user-submitted content that is offensive, indecent or objectionable. Under no circumstances will Six Apart be liable in any way for any user-submitted content, including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content.

3.5 Notwithstanding anything to the contrary in Section 3.1, Six Apart may preserve user-submitted content and may also disclose such content, with or without notice to you, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use and the Six Apart Privacy Policy; (c) respond to claims that any user-submitted content violates the rights of any third party; or (d) protect the rights, property, or personal safety of Six Apart, its users and the public.

3.6 The technical processing and transmission of Six Apart's Sites, Services or Software, including user-submitted content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

4. USE SIX APART'S SITES AND MATERIALS

4.1 You may not use, frame or utilize framing techniques to enclose any Site, or any individual element or materials within any Site, without Six Apart's express written consent.

4.2 You may not use any circumvention tools, meta tags or any other "hidden text" utilizing Six Apart's name or any of its trademarks, service marks, URLs, service names or product names without Six Apart's express written consent.

4.3 All materials transmitted or published by Six Apart on this Site which are owned or controlled by Six Apart, its subsidiaries or affiliated companies (collectively "Six Apart Materials") are protected by United States and international copyright laws. Any copying, uploading, reproduction, transmittal, modification or redistribution of, or the creation of derivative works based on, Six Apart Materials without Six Apart's express written consent is strictly prohibited.

5. CANCELLATION AND TERMINATION

5.1 Six Apart, in its sole discretion, may terminate your password and/or account and remove and discard any content within Six Apart's Sites, Services or Software for any reason, including and without limitation lack of use, or if Six Apart believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or the Six Apart Privacy Policy. In such event, any contracts, verbal or written or assumed, in conjunction with your account and all its parts, at Six Apart's discretion, will be terminated as well.

5.2 Six Apart, in its sole discretion and at any time, may discontinue providing Six Apart's Sites, Services or Software, or any part thereof, with or without notice. Any termination of your access to Six Apart's Sites, Services or Software under any provision of these Terms of Use may be effected without prior notice. Six Apart may immediately deactivate or delete your account, as applicable, and all related information and content and bar any further access to such information, content or to Six Apart's Sites, Services or Software. Six Apart will not be liable to you or any third party for any termination of your access to Six Apart's Sites, Services or Software.

5.3 After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and content in your account or that you have stored on Six Apart's Sites, Services or Software may be deleted by Six Apart. Six Apart will have no liability for information or content that is deleted due to the cancellation or termination of your account for any reason.

6. INTERSTATE AND INTERNATIONAL USE

6.1 In using Six Apart's Sites, Services or Software to send electronic communications, and as a result of Six Apart's network architecture and business practices and the nature of electronic communications in general, you acknowledge that your communications may constitute interstate or international communications and/or data transmissions regardless of where you are physically located at the time of transmission.

6.2 Six Apart's Sites and Services are hosted in the United States. If you use Six Apart's Sites or Services from outside of the United States, you are voluntarily transferring information (potentially including personally-identifiable information) and content to the United States and agreeing that Six Apart's collection, use, storage and sharing of your information and content is exclusively subject to the laws of the United States, not of the jurisdiction in which you are located.

6.3 You will comply with all United States laws, rules and regulations applicable to the export of products, services, software and technical data regardless of the jurisdiction in which you are located.

7. ADVERTISING AND ADVERTISERS

7.1 Six Apart's Sites, Services or Software may include advertisements, which are necessary for Six Apart to provide the Sites, Services and Software.

7.2 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Six Apart's Sites, Services or Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Six Apart will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Six Apart's Sites, Services or Software.

8. LINKS

8.1 Six Apart's Sites, Services or Software may provide, or third parties may provide, links to other content, products, services or Web sties which are not owned or operated by Six Apart. Because Six Apart has no control over such content, products, services or Web sties, Six Apart is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Six Apart will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, services or Web sties.

9. INDEMNITY

9.1 You will indemnify and hold Six Apart, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your content, your use of Six Apart's Sites, Services or Software, your connection to the Sites, Services and Software, your violation of these Terms of Use or the Six Apart Privacy Policy, or your violation of any rights of another, whether you are a registered user or not.

10. RESALE OF SIX APART'S SITES, SERVICES OR SOFTWARE

10.1 You will not reproduce, duplicate, copy, sell, resell or exploit any portion of, use of or access to Six Apart's Sites, Services or Software without the express permission by Six Apart.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

11.1 Six Apart may establish general practices and limits concerning use of Six Apart's Sites, Services or Software and may modify such practices and limits from time to time.

12. MODIFICATIONS TO SIX APART'S SITES, SERVICES OR SOFTWARE

12.1 Six Apart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Six Apart's Sites, Services or Software (or any part thereof) with or without notice at any time. You agree that Six Apart will not be liable to you or to any third party for any modification, suspension or discontinuance of Six Apart's Sites, Services or Software.

13. CONFIDENTIAL INFORMATION AND PROPRIETARY RIGHTS

13.1 Six Apart's Sites, Services or Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through Six Apart's Sites, Services or Software or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the right holder, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on Six Apart's Sites, Services or Software or any advertiser's content, in whole or in part.

13.2 Unless otherwise agreed in writing by an authorized Six Apart representative, any material, information or idea you transmit to Six Apart by any means may be disseminated or used by Six Apart or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to your own content or to your personal information that is subject to the Six Apart Privacy Policy.

14. DISCLAIMER OF WARRANTIES

14.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF SIX APART'S SITES, SERVICES OR SOFTWARE IS AT YOUR SOLE RISK. SIX APART'S SITES, SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SIX APART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) SIX APART WILL MAKE REASONABLE EFFORTS TO MAINTAIN ITS SITES, SERVICES AND SOFTWARE, HOWEVER, SIX APART IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO SIX APART'S SITES, SERVICES OR SOFTWARE, OR OTHER INTERACTION WITH SIX APART'S SITES, SERVICES OR SOFTWARE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON SIX APART'S SITES, SERVICES OR SOFTWARE. SIX APART DOES NOT WARRANT THAT (i) ITS SITES, SERVICES AND SOFTWARE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) ITS SITES, SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ITS SITES, SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SIX APART'S SITES, SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN SIX APART'S SITES, SERVICES OR SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SIX APART'S SITES, SERVICES OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM SIX APART'S SITES, SERVICES OR SOFTWARE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

15. LIMITATION OF LIABILITY

15.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT SIX APART WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SIX APART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE SIX APART'S SITES, SERVICES OR SOFTWARE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SIX APART'S SITES, SERVICES OR SOFTWARE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH SIX APART'S SITES, SERVICES OR SOFTWARE; OR (v) ANY OTHER MATTER RELATING TO SIX APART'S SITES, SERVICES OR SOFTWARE.

15.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

16. U.S. GOVERNMENT RESTRICTED RIGHTS

16.1 If you are an agency of the United States Government, each of Six Apart's Sites, Services and Software is a "Commercial Item," as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to the United States Government (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. All unpublished rights are reserved under the copyright laws of the United States. For purpose of any public disclosure provision under any law, it is agreed that Six Apart's Sites, Services or Software are trade secrets and proprietary commercial products and not subject to disclosure.

17. GENERAL

17.1 Notices to you may be made via either email or regular mail. Six Apart may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on Six Apart's Sites, Services or Software.

17.2 These Terms of Use and the relationship between you and Six Apart will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Six Apart agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California with regard to all disputes arising in any manner from Six Apart's Sites, Services or Software or these Terms of Use.

17.3 The failure of Six Apart to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. These Terms of Use constitute the entire agreement between you and Six Apart and governs your use of Six Apart's Sites, Services or Software, superseding any prior agreements between you and Six Apart (including, but not limited to, any prior versions of these Terms of Use). If any provision of these Terms of Use or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use will remain in full force and effect.

17.4 Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Six Apart's Sites, Services or Software or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17.5 The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

18. COPYRIGHT INFRINGEMENT

18.1 Copyright Infringement Notices. If you believe that material on any of Six Apart's Sites, Services or Software violates your copyright, you may send Six Apart a copyright infringement notice. Section 512(c) of the Copyright Act requires that your notice must be in writing and must include substantially all of the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Six Apart to locate the material. Six Apart requests that complete URLs for each instance of the allegedly infringing material be provided.

4. Information reasonably sufficient to permit Six Apart to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6. A statement that the information in the copyright infringement notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Your written copyright infringement notice must be sent to Six Apart's designated copyright agent via mail, fax or email. Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if you send your notice via email. Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

18.3 Removing or Disabling Access to Material. After receipt of a valid copyright infringement notice meeting the requirements of Section 512(c) of the Copyright Act, Six Apart is required to:

1. Expeditiously remove or disable access to the material that is alleged to be infringing.

2. Take reasonable steps to promptly notify the affected account holder that Six Apart has removed or disabled access to the material from his or her account.

18.4. Counter Notification. If material from your account has been removed or disabled by Six Apart after it receives a valid copyright infringement notice meeting the requirements of Section 512(c) of the Copyright Act, you may ask that the material be restored by sending Six Apart a counter notification. Section 512(g) of the Copyright Act requires that your counter notification must be in writing and must include substantially all of the following:

1. Your physical or electronic signature.

2. Identification 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. Six Apart requests that complete URLs for each instance of the affected material be provided.

3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

4. Your name, address and telephone number and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Six Apart may be found, and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.

Your written counter notification must be sent to Six Apart's designated copyright agent via mail, fax or email. Please note that, for security reasons, email attachments may be blocked, so please do not include any attachments if you send your counter notification via email. Please be aware that Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

18.5 Restoring Material. After receipt of a valid copyright infringement notice meeting the requirements of Section 512(g) of the Copyright Act, Six Apart is required to:

1. Promptly provide the person who provided the copyright infringement notice with a copy of the counter notification, and inform that person that Six Apart will replace the removed material or cease disabling access to it in 10 business days.

2. Replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notification, unless Six Apart's designated copyright agent first receives notice from the person who submitted the copyright infringement notice that such person has filed an action seeking a court order to restrain the account holder from engaging in infringing activity relating to the material on Six Apart's system or network.

18.6 Copyright Abuse Policy. Six Apart will terminate, in appropriate circumstances, account holders of Six Apart's system or network who are repeat copyright infringers.

18.7 Designated Copyright Agent.

Fax: (415) 344-0829

Email: dmca@sixapart.com

The Copyright Agent should only be contacted if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through Six Apart's Sites, Services or Software. The Copyright Agent will not respond to any other inquiries.

Last updated January 22, 2010