1. Introduction.
Welcome to our website. Collective Intellect, Inc. (”We“, “us“, or “Collective Intellect“) makes its websites located at www.collectiveintellect and blog.collectiveintellect.com available for general information and for the use of its customers (each a “Website“).
BY ACCESSING, USING OR VIEWING THIS WEBSITE OR ANY CONTENT THEREOF YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS (the “Terms of Use“) AND THE TERMS AND CONDITIONS OF COLLECTIVE INTELLECT’S PRIVACY POLICY, WHICH IS PUBLISHED AT http://www.collectiveintellect.com/privacy (”Privacy Policy“), AND WHICH IS INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Websites or its Content (as defined below).
These Terms of Use apply to all Users (defined below) of the Websites. The Websites include all content, information and data published or made available on or through the Websites, (”Content“) and services and any other technology or tool offered through the Websites (”Services“). Users include “Visitors” (who simply browse the Website) or “Clients” (who have entered into a customer relationship with Collective Intellect). By using the Websites as a Visitor or Client, you (”User,” “you” or “your“) agree to be bound by these Terms of Use and you are only authorized to use the Website if you agree to abide by all applicable laws and to these Terms of Use. “User Content” refers to any content, information or data, including without limitation, text, files, images, or photos, provided by a User to a Website, including, but not limited to, comments, discussion posts, and blog posts.
We may change the Terms of Use including, without limitation, the Privacy Policy, from time to time. We may notify you of any such changes via e-mail if we have your e-mail address. If you object to any such changes, your sole and exclusive remedy shall be to terminate your access and use of the Website and Services. In addition, certain areas of the Website or Services may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such areas conflict with these Terms of Use, these Terms of Use shall control.
The Websites may contain links to third party websites that are not owned or controlled by Collective Intellect. Collective Intellect has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Collective Intellect will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release Collective Intellect from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Websites and to read the terms and conditions and privacy policy of each other website that you visit.
2. Grant of Rights and Limitations - Use of the Website.
Collective Intellect hereby grants you permission to use the Website for your internal, non-commercial purpose provided: (i) you not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (ii) you will otherwise comply with the terms and conditions of these Terms of Use. Collective Intellect further grants you permission to post User Content on the Websites solely for your internal, non-commercial purposes.
Collective Intellect reserves all rights in and to the Websites not expressly granted by these Terms of Use. Collective Intellect, in its sole discretion, reserves the right to determine whether the use of User Content is for commercial or non-commercial purposes. Furthermore, Collective Intellect may revoke its permission to you to use the Website or post User Content on the Websites at any time, for any reason and in its sole discretion.
The “Content” includes, without limitation, User Content, Collective Intellect Content (defined below) and content of Collective Intellect licensors. Except for the User Content posted by you or as otherwise authorized by these Terms of Use, Content appearing on or through the Websites may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Websites in a manner that sends more request messages to the Collective Intellect servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Collective Intellect grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials. Collective Intellect reserves the right to revoke rights granted herein either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites, nor to use the communication systems provided by the Websites for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Client profiles or User Content.
3. User Content.
Collective Intellect does not claim any ownership rights in the User Content. You retain any rights in such User Content that you may have. You hereby grant to Collective Intellect a non-exclusive, fully-paid and royalty-free, with a right to sublicense, transferable, worldwide and irrevocable license to use, modify, publicly perform, publicly display, reproduce, distribute, and otherwise exploit such User Content for any purpose whatsoever.
You represent and warrant that: (i) you own the User Content posted by you on or through the Websites or otherwise have the right to grant the license set forth in these Terms of Use, (ii) the posting of your User Content on or through the Websites does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any third party, and (iii) you will not engage in any activity with regard to the Websites that involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, or “spamming.”
You are solely responsible for the User Content that you post on or through the Websites, any material or information that you transmit to other Users or Clients and for your interactions with other Users or Clients, and the consequences of posting or publishing such User Content. Collective Intellect does not endorse and has no control over the User Content. Collective Intellect does not guarantee any confidentiality with respect to any User Content. User Content is not necessarily reviewed by Collective Intellect prior to posting and does not necessarily reflect the opinions or policies of Collective Intellect. Collective Intellect makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other Users or Clients. Collective Intellect does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Collective Intellect expressly disclaims any and all liability in connection with User Content.
In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Collective Intellect all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Collective Intellect or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. If you download or print a copy of any portion of the Website, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Collective Intellect Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Collective Intellect Website or the Content therein.
Collective Intellect reserves the right to remove User Content without prior notice and in its sole discretion. Collective Intellect may delete User Content at any time for any purpose including but not limited to violations of these Terms of Use or for being offensive, illegal or violate the rights, harm, or threaten the safety of any person. Collective Intellect assumes no responsibility for monitoring a Website for inappropriate Content or conduct. If at any time Collective Intellect chooses, in its sole discretion, to monitor the Websites, Collective Intellect nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You understand that when using the Websites, you will be exposed to User Content from a variety of sources, and that Collective Intellect is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Collective Intellect with respect thereto, and agree to indemnify and hold Collective Intellect, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
4. Collective Intellect Content.
The Websites contains content including without limitation, text, software, scripts, software code and tools, graphics, poll results, aggregated information, photos, sounds, music, videos, interactive features, that is owned or licensed by Collective Intellect (”Collective Intellect Content“). Collective Intellect Content is protected by copyright, trademark, patent, trade secret and other laws, and as between Collective Intellect and you, Collective Intellect owns and retains all rights in the Collective Intellect Content.
5. Clients and Client Profiles.
In order to access some features of the Website, you must be a Client and set up a Client account (”Account“). You may not use another Client’s Account without permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on or in association with your Account, and you must keep your Account password secure. You must notify Collective Intellect immediately of any breach of security or unauthorized use of your Account. Although Collective Intellect will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Collective Intellect or others due to such unauthorized use.
6. Copyright Policy.
Collective Intellect does not permit copyright infringing activities and infringement of intellectual property rights on its Websites, and Collective Intellect will remove all User Content if properly notified that such content infringes on another’s intellectual property rights.
If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (”DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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; and
(vi) A statement that the information in the notification 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.
Collective Intellect’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, 1433 Pearl Street, Suite 200, Boulder, CO 80302, email: copyrightagent@Collective Intellect.com, telephone: 720-259-3600 and fax: 720-259-3605. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Collective Intellect customer service through the contact us link. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
7. Warranty Disclaimer.
THE WEBSITES ARE PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THE WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COLLECTIVE INTELLECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES, ALL CONTENT, AND YOUR USE THEREOF INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY. COLLECTIVE INTELLECT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COLLECTIVE INTELLECT WEBSITE.
8. Limitation of Liability.
IN NO EVENT SHALL COLLECTIVE INTELLECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS OR LOST DATA, RESULTING FROM THE WEBSITES OR CONTENT, EVEN IF COLLECTIVE INTELLECT HAD BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGE. COLLECTIVE INTELLECT WILL HAVE NO LIABILITY FOR (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE COLLECTIVE INTELLECT WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. COLLECTIVE INTELLECT’S TOTAL CUMULATIVE LIABILITY ARISING FROM THE WEBSITE OR CONTENT WILL BE LIMITED TO US$50.
YOU SPECIFICALLY ACKNOWLEDGE THAT COLLECTIVE INTELLECT SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Websites are controlled and offered by Collective Intellect from its facilities in the United States of America. Collective Intellect makes no representations that the Collective Intellect Website is appropriate or available for use in other locations. Those who access or use the Collective Intellect Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Indemnity; Release.
You agree to defend, indemnify and hold harmless Collective Intellect, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party or violated a third party’s right. This defense and indemnification obligation will survive these Terms of Use and your use of the Collective Intellect Website.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Collective Intellect and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with you use of the Websites. If you are a California resident, you waive your rights, whether known or unknown, under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
10. Ability to Accept Terms of Use.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Collective Intellect Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Websites.
11. Remedies.
You agree that monetary damages may be inadequate to compensate Collective Intellect for any breach of these Terms of Use. Accordingly, you agree that any such breach will cause irreparable injury to Collective Intellect and that, in addition to any other remedies that may be available at law, in equity or otherwise, Collective Intellect shall be entitled to obtain injunctive relief.
12. General.
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Collective Intellect without restriction. If there is any dispute between you and Collective Intellect you agree that the dispute, whether or not related to the Terms of Use, shall be governed by the laws of the State of Colorado, without respect to its conflict of laws principles, and you agree to exclusive personal jurisdiction in Colorado and venue in the state and federal courts of the United States located in Denver County, Colorado. These Terms of Use, together with the Privacy Policy and any other legal notices published by Collective Intellect on the Websites, shall constitute the entire agreement between you and Collective Intellect concerning the Websites. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Collective Intellect’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Collective Intellect reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Collective Intellect Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND COLLECTIVE INTELLECT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE COLLECTIVE INTELLECT WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
