COUNTER-CANTER CULTURE LEGAL
PLEASE REVIEW BEFORE USING THIS WEBSITE – IF YOU DO NOT AGREE TO THESE GUIDELINES, POLICIES AND TERMS, DO NOT USE THIS WEBSITE.
Users are solely responsible for the contents of the comments posted on www.counter-canterculture.com (the “Website”), and the comments posted on the Website do not reflect the opinions of Counter-Canter Culture, LLC (“C-CC”). While comments are welcomed and encouraged, in order to insure that comments are useful and interesting, the following guidelines have been established for users:
- Do not post statements that are intended as a personal attack or are abusive, obscene, threatening or harassing.
- Do not intentionally make defamatory, libelous, false or misleading statements.
- Do not post spam, commercial solicitations or offers to sell or buy any products or services without the express written consent of C-CC.
- Do not post material that infringes copyright, trademark, patent, trade secret or any other intellectual property rights that are not otherwise authorized by law, such as the Fair Use Doctrine.
- Do not post information that you know to be private, confidential, sensitive or otherwise in breach of the law.
- Keep all comments relevant to the particular page of the Website where the comment is being posted.
C-CC reserves the right to edit, delete, move or mark as spam any comments, with or without notice, that C-CC deems in our sole discretion violate these guidelines. C-CC also has the right to block access to any one user or group from commenting on the Website. Please note that once a user posts a comment to the Website, it becomes part of the public conversation. C-CC will not remove a user’s comments unless they are deemed to be in violation of these guidelines. C-CC cannot remove comments simply because a user has a change of heart about making them.
These comment guidelines are subject to change at any time. It is your responsibility to check these guidelines periodically for changes.
Counter- Canter Culture, LLC (“C-CC”) is committed to protecting the privacy of our readers and users. This policy outlines the handling of personal information gathered from readers and users of www.counter-canterculture.com (the “Website”).
In order to post comments or forum topics on the Website must establish an account with C-CC. The registration process will require you to create a username and password and to provide a valid email address to confirm the account. Any account you create is not transferrable, and you agree to notify C-CC immediately if you become aware of any unauthorized use of your account. C-CC reserves the right to terminate or restrict access to your account, or to delete any content posted through your account, with or without notice or cause. This is for your own protection. C-CC accounts are backed up regularly. If a user changes the information on her or his account, C-CC’s stored data backups may include the user’s original information.
Emails sent to any C-CC email address is considered C-CC property, and available for publication. If you email anyone at C-CC, a record of the addresses and correspondence will continue to exist. C-CC saves this information so C-CC can respond to you and have a record of that correspondence. If you wish to remain anonymous, please specify this in the body of the email itself and C-CC will do our best to respect your wishes.
Kinds of Information Collected
Personally Identifiable Information
C-CC requests personally identifiable information when you establish an account. This information may include, but is not limited to, personal names, e-mail addresses, age, location, and occupation. Information may be used or requested to perform research, improve usability of the site, administer mailing lists or online communities, or other activities related to C-CC services. C-CC never shares personally identifiable information with third parties, with one exception: if C-CC has a good faith belief it must do so to meet a legal requirement, such as pursuant to a subpoena or other judicial or administrative order. Please be advised however, that, although C-CC takes technological precautions to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, C-CC can’t warrant that your information will be absolutely secure. Any transmission of data is at your own risk.
Aggregate Information (Non-Personally Identifiable Information)
C-CC may collect and provide aggregate information about our visitors to our advertisers, sponsors, promotional partners and affiliates, such as how many persons visited a particular page or activity, the average age of our visitors on the site or page, or the likes and dislikes of our visitors. C-CC uses log files, like most websites. This includes internet protocol (IP) addresses, browser type, internet service providers (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track users’ movement in the aggregate, and gather broad demographic information for aggregate use. This information is not linked to personally identifiable information and does not include any personal information about any individual reader or user.
Some or all of the online advertising for C-CC is delivered by third-party advertising companies. These companies facilitate the delivery of ads, conduct market research and make a cookie—a small text file that’s stored on a user’s computer—for record-keeping purposes. These cookies sometimes enable the companies to serve you ads tailored to things you have shown interest in based on your web activity. Online advertising companies generally conduct this activity in an anonymous format, with online information not combined with information that would allow for your identification. The third-party companies that will be serving advertisements on C-CC may include DoubleClick, Google and Blue Kai. If you would like more information about the collection, use and disclosure practices of these companies and want to know your options for not having this information used by these companies, click on the company names above and follow the links to the company websites.
C-CC’s third party advertising company partners typically belong and/or conform to the standards and principles of the Network Advertising Initiative (NAI). The NAI allows you to opt out of the cookies used to tailor advertisements to you through the NAI website. If you would like to opt out of the storage of anonymous information used by our third party advertising company partners, visit www.nai.org. The NAI opt-out tool is cookie based. In order for it to work on your computer, your browser must be set to accept third-party cookies. You also have the option to opt out of cookies in your Internet browser. You can do this by following directions in your browser’s “help” file. If you choose to opt out through your Internet browser, C-CC will still generally be usable and accessible.
If you are under the age of 13, you are not allowed to register for a C-CC account. C-CC never knowingly collects personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to the Website, please contact C-CC immediately. If C-CC learns that any information or content from anyone under the age of 13 has been collected, that information will be deleted immediately.
Commenting or Posting
Commenting, posting or otherwise updating content on the Website is a public action, and all content may be publicly visible. Identification of all contributed content may include, but is not limited to, display of your account name or IP address. All content may be retained for restorative, archival, or research purposes by C-CC. Editing or deleting content may alter the displayed state of the content, but will not permanently delete the content from the Website.
Change of Control
The material made available by C-CC is a product of a community effort and does not necessarily represent the view of C-CC. C-CC assumes no responsibility for the accuracy, suitability or completeness of any content provided.
C-CC does not and cannot review all material made available through websites linked or linking to any part of this Website. No such linking implies in any way that C-CC endorses or is affiliated with any third-party website, and C-CC bears no responsibility or liability for any content accessed or harm caused from any third-party website. You are responsible for taking precautions as necessary to protect yourself and your computer system from viruses, worms, Trojan horses, and other harmful or destructive content that may be on third-party websites.
User Comments or Posts
If you comment on a C-CC post, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means to the Website (any such material, “Content”), you are entirely responsible for the contents of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, computer software or other material. All Content contributed to the Website should be relevant to the subject scope of C-CC and may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable. Please reference the C-CC Comment Guidelines (below) for further clarification. C-CC does not pre-screen or regularly review any contributed Content, but C-CC has the right (though not the obligation) to, in C-CC’s sole discretion: (a) refuse or remove, without notice, any Content posted which C-CC considers, for any reason, to violate these Terms or to be outside the subject scope of C-CC; or (b) deny access to the Website or terminate any C-CC account, with or without notice, for posting such Content.
You acknowledge and agree that C-CC may preserve Content and disclose Content 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; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property or personal safety of C-CC, our users or the public. You further understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices. C-CC assumes no responsibility for the deletion or failure to store Content, contributions or other information submitted by you or others to the Website.
Users’ Grant of License for Content
By posting or contributing Content on or in connection with the Website, you are granting: (a) C-CC a worldwide, non-exclusive, royalty-free, sub-licensable, assignable and transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, perform, edit and disseminate by all media, whether now known or hereafter devised, the Content, create derivative works based thereon, and/or insert the Content in connection with C-CC’s (and our subsidiaries’, derivatives’, or successor’s) business; (b) each user of the Website a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, publish, prepare derivative works of, display, and perform such Content as permitted through the functionality of the Website and under these Terms; and (c) C-CC the right to use your name, likeness and image for any purpose, including commercial or advertising.
User Representations and Warranties
By making Content available on the Website, you represent and warrant that: (a) you have all right, title and interest to such posted content; (b) the downloading, copying and use of the Content will not infringe the intellectual property rights or any third party; (c) if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content; (d) you have fully complied with any third-party licenses relating to the Content; (e) the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; (f) the Content is not spam, is not machine- 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 ranking 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); and (g) your Content is not named in a manner that misleads your readers into thinking that you are another person or company, including, but not limited to C-CC. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own.
C-CC permits the submission of communications, including images, comments, and text (“User Submission(s)”) and the hosting, sharing, and/or publishing of such User Submissions. Your User Submissions will go only to C-CC and will be moderated. C-CC reserves the right to not publish User Submissions. You agree that if you submit a User Submission to C-CC, then you shall be solely responsible for your own User Submission and the consequences of posting or publishing such. In connection with User Submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms.
You retain all of your copyright rights in your User Submissions, except as set forth in these Terms. By submitting User Submissions to C-CC, you are granting C-CC: (a) a worldwide, non-exclusive, royalty-free, sub-licensable, assignable and transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, perform, edit and disseminate by all media, whether now known or hereafter devised, create derivative works based thereon, and/or insert the Content in connection with C-CC’s (and our subsidiaries’, derivatives’, or successor’s) business, and grant each user of the Website a non-exclusive license to access your Content through the Website, and to use, reproduce, distribute, publish, prepare derivative works of, display, and perform such Content as permitted through the functionality of the Website and under these Terms; and (b) the right to use your name, likeness and image for any purpose, including commercial or advertising. You further understand and agree that you are not entitled to any compensation for any User Submissions for any reason, unless expressly agreed to by the written consent of all parties and C-CC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and C-CC expressly disclaims any and all liability in connection with User Submissions.
C-CC will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. C-CC reserves the right, at our sole discretion, to remove Content and User Submissions without prior notice.
Intellectual Property Rights
All data, materials and C-CC graphics and logos on the Website, except User Submissions, as well as the selection, organization, coordination, compilation and overall look and feel of the Website are the intellectual property of C-CC and our affiliates or licensors, and are protected by copyright, trademark and all other applicable intellectual laws. As between you and C-CC, all ownership rights in the intellectual property remain with C-CC, our affiliates or licensors, as the case may be.
C-CC often displays images, audio, and video (the “Material”). The types of Material editors authorized to be use on C-CC include Material commissioned by C-CC, embedded material, material C-CC believes to be covered by the Fair Use Doctrine, material from photographic archive and video vendors, Material supplied to our editors or released into the public domain by public relations and marketing companies for press purposes, reader-submitted Material, with the implied representation that the person submitting the material owns the copyright in the material and the right to give it to C-CC for use on the Website (see above under “User submissions”).
The Website is intended to be available only to individuals who are at least 13 years old. Pursuant to 47 U.S.C. Section 230(d), as amended, C-CC hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).
DIGITAL MILLENNIUM COPYRIGHT ACT POLICY
Notice and Takedown Procedure
It is C-CC’s policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This section describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to C-CC as straightforward as possible while reducing the number of notices that C-CC receives that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office website, http://www.copyright.gov), but C-CC will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of the Website will comply with applicable copyright laws. However, if C-CC receives proper notification of claimed copyright infringement, C-CC’s response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating an account, regardless of whether C-CC may be liable for such infringement under United States law or the laws of another jurisdiction.
If C-CC removes or disables access in response to such a notice, C-CC will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. C-CC may also document notices of alleged infringement on which C-CC acts.
C-CC ‘s Designated Agent to receive notification of alleged infringement under the DMCA is:
Physical Mail: 1058 S. Alfred St., Los Angeles, CA 90035
Upon receipt of proper notification of claimed infringement, C-CC will follow the procedures outlined here and in the DMCA.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide C-CC ‘s Registered Agent (listed above) the following information in a written communication (preferably via email):
- 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;
- 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 C-CC to locate the material;
- Information reasonably sufficient to permit C-CC to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: “I 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”;
- The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorney fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, C-CC suggests that you first contact an attorney.
A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with C-CC, please provide C-CC ‘s Registered Agent (listed above) the following information in a written communication (preferably via email):
- 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;
- Your name, address, and telephone number;
- The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;
- The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;
- The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
- Your signature, in physical or electronic form.
Upon receipt of such counter notification, C-CC will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that C-CC will replace the removed material or cease disabling access to it in 10 business days. C-CC will 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 notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
In accordance with Section 512(i)(1)(a) of the DMCA, C-CC will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Accommodation of Standard Technical Measures
It is C-CC ‘s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that C-CC determines are reasonable under the circumstances.
DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED ON AN “AS IS, “WHERE IS” AND “AS AVAILABLE” BASIS. C-CC AND OURS 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, NON-INFRINGEMENT OR OTHERWISE. NEITHER C-CC NOR OUR SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE TIMELY, CONTINUOUS OR UNINTERRUPTED. WITHOUT LIMITATION, C-CC AND OUR SUPPLIERS AND LICENSORS, FURTHER DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL CONTENT OR SERVICES ASSOCIATE WITH THE USE OF THE WEBSITE. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE ACCESS OR OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTION OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL C-CC, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, SUPPLIERS OR LICENSORS, BE LIABLE TO ANY PARTY WITH RESPECT TO ANY USE OF THE WEBSITE, OR ANY SUBJECT MATTER OF THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, INCOME OR BUSINESS OPPORTUNITIES, OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, EVEN IF C-CC OR OUR AGENTS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEBSITE; OR (C) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO C-CC UNDER THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. C-CC 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.
General Representation and Warranty
You represent and warrant that (a) your use of the Website will be in strict accordance with these Terms and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (b ) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You acknowledge and agree to indemnify, defend and hold harmless C-CC, our officers, directors, employees, agents, parents, affiliates, or successors or assigns from and against any and all third-party demands, claims and expenses, including costs and attorneys’ fees, arising out of your use or misuse of the Website, including but not limited to your violation of these Terms, or the infringement by you or made under your C-CC account of any intellectual property or other right of any person or entity. C-CC reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with C-CC in asserting any available defense.
C-CC reserves the right to modify, suspend or discontinue the Website without any notice at any time and without any liability to you. C-CC may also terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Provisions Unenforceable or Invalid
If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
No Waiver of Terms
A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
Except to the extent applicable law, if any, provides otherwise, the Terms, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions that may cause the laws of another jurisdiction to apply, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Terms shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Terms shall be entitled to costs and attorney fees.
You may not assign your rights or obligations under these Terms to any party. C-CC may assign our rights under these Terms without condition. The Terms will be binding upon and will inure to the benefit of C-CC and our successors and assigns.
These Terms constitute the entire agreement between C-CC and you concerning the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.