(revised May 1, 2015)
1. Acceptance of Terms
LINCLETTER.COM and its affiliates provide our Internet Sites and the content, access
to Postings and Forums and Services offered on or through those sites, to you subject to the
following terms. By using our Services, you are agreeing to these terms. Some Services may be
subject to additional posted rules, policies and terms, and your use of those Services means those
additional terms become part of your agreement with us.
2. Description of Services; Use of Content; Forums
The Services include a combination of content that we create and that other third parties create.
In addition, some Services provide you and other users with an opportunity to submit, post,
display, transmit and/or exchange information, ideas, opinions, photographs, images,
video, creative works or other information, messages, transmissions or material to us or
others on or through that Service .
We adhere to high journalistic standards, and use every reasonable effort to provide informative
and relevant content as part of the Services. However, in using the Services, you may be exposed
to content or Postings that you find offensive, indecent, objectionable or that are inaccurate and
you bear all risks associated with using all content. You understand that we do not guarantee the
accuracy, integrity or quality of any content or Postings available on or through the Services,
including, but not limited to, surveys or survey results, or other Postings on any bulletin board,
chat, news group, community, forum or other feedback section of the Services (collectively, the
“Forums”).
Some of our Services give you the opportunity to participate in Forums operated by us or by a
third party. Please remember that if you publicly disclose personally identifying information,
such as your name or email address, in connection with a Forum, the information may be
collected and used by others. You should also take reasonable precautions with regard to any
material you download from or through Forums (for example, scanning for viruses or other
damaging computer programming routines). Finally, you agree to use the Forums only to send
and receive messages and material that are proper and related to that particular Forum.
3. Third Party Services.
You understand that from time to time, you may communicate with, receive communications
from, or otherwise participate in or use the services or obtain goods and services of or from, third
parties (e.g., advertisers) as a result of your use of the Services. All such communication,
interaction and participation is strictly and solely between you and such third party, and we shall
not be responsible or liable to you in any way in connection with these activities or transactions
(including, but not limited to, any representations, warranties, covenants, contracts or other terms
or conditions that may exist between you and the third party, or any goods or services you may
purchase or obtain from any third party). In particular, the appearance or availability of links to
third party sites on or through the Services does not constitute an endorsement by us with respect
to the content, advertising, products, or other materials available on or from such sites.
4. General Rules of Conduct
Your use of the Services is subject to all applicable local, state, national and international laws
and regulations, and you agree not to violate such laws and regulations. In addition, you agree
that:
you will not interfere with another user’s use and enjoyment of the Services;
you will not interfere with or disrupt the security measures of the Services; and
You further agree that you will not use the Services to:
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited
messages, or so-called “spamming”;
harm minors in any way; or
promote or generate revenue for any business or commercial purposes, whether or not for a
charge or through linking with any other web services or pages, unless authorized by us in
writing in advance.
5. Postings
Although we reserve the right to edit Postings in the Forums prior to their inclusion on the
Services, as a general matter, we do not screen the Postings. Therefore, you understand that you
are solely responsible for all Postings and other materials, whether publicly posted or privately
transmitted, that are uploaded, posted, emailed, transmitted or otherwise made available from
your email address on our through the Services. You further agree that your Postings will not
violate these terms.
The Postings do not reflect our views. We do, however, enforce these terms, and if we determine
in our sole discretion that any Posting is inaccurate, was posted without authorization, or
otherwise does or may violate these terms, we reserve the right, at any time, without prior notice,
to (a) modify, refuse to permit or remove the Posting; (b) revoke the applicable user’s right to use
the Services; and/or (c) use any technological, legal, operational or other means available to
enforce the provisions of these terms, including, without limitation, blocking specific IP
addresses or deactivating the applicable user’s registration.
You represent and warrant to us that your Postings will not contain any material that:
is false, inaccurate, or misleading;
infringes any third party’s copyright, patent, trademark, trade secret or other proprietary
rights, or rights of publicity or privacy;
is defamatory, constitutes trade libel or product disparagement, or is otherwise unlawful
is obscene or contains child pornography; or
contains viruses, Trojan horses, time bombs, worms, cancelbots, easter eggs or other
computer programming routines that may damage or interfere with the operation of any
system, or unlawfully intercept any data or personal information.
You further represent and warrant that your Postings will be original and/or you will obtain all
third-party permission necessary for the use of the Postings as set forth below.
Finally, you specifically grant us a perpetual, worldwide, royalty-free, irrevocable, nonexclusive,
sublicensable right and license to:
use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute,
perform and display all Postings submitted by you or through your account, in whole or in
part;
use, in whole or in part, your name, likeness, photograph, voice, company name, screen
name, e-mail address and/or other identifying information submitted by you as part of or in
connection with such Postings (“Image”), and reproduce, publish, create derivative works
from, distribute, perform and display materials containing the same; and
incorporate the Postings and the Image in other works in any form, media or technology now
known or later developed throughout the universe, and reproduce, publish, display and
otherwise distribute the same.
6. Company Proprietary Rights
All Services software, design, text, images, photographs, illustrations, audio and video material,
artwork, graphic material, database, proprietary information and all copyrightable or otherwise
legally protectible elements of the Services, including, but not limited to, all content posted
within the Sites and the selection, sequence and ‘look and feel’ and arrangement of items, and all
trademarks, service marks and trade names, excluding any of your Postings (individually and/or
collectively, “Material “), are our property and are legally protected under U.S. Federal and
State, as well as applicable foreign, laws, regulations and treaties. The compilation of all content
on each site is our exclusive property. You may not reproduce, modify, create derivative works
from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party
(including, without limitation, on or via a third party web site), or otherwise use, any materials
contained on the Services (except for your Postings) without our prior written consent. In
particular, you may not link to or frame any Material our prior written consent.
7. Registration/Subscription Obligations
Some of our Services require that you register with or subscribe for that Service in order to
access or use it. If such registration or subscription is required, you agree that you will provide
accurate information (such as your real name and a valid e-mail address) and will update your
relevant information if it becomes outdated. For more detailed information about how we treat
the registration information you provide to us, please see our Privacy Policy which is incorporated by
reference into these terms (and therefore a part of
your agreement with us). If we issue you a password, you agree to help protect your information
by guarding that password, and by changing it as soon as possible if you believe its security has
been compromised. If we allow you to choose a username and you select one that is obscene,
indecent, abusive or which is otherwise objectionable, we have the right, without prior notice to
you, to automatically change your username, delete your Postings under it, deny you access to
the Services, or any combination of these options. You may not transfer your registration,
password or user name to another person or share it with anyone. We will not be responsible for
any loss or damage that may result if you fail to comply with these requirements. If you believe
your information has been used without your authorization, you agree to notify us immediately.
8. Service Deactivation or Termination
We have the right, but not the obligation, to take any of the following actions, in our sole
discretion, at any time and for any reason without giving you any prior notice:
Restrict, suspend or terminate your access to all or any part of our Services;
Refuse, move, or remove any content Postings that are available on or through the
Services;and
Establish general practices and limits concerning use of the Services.
9. Indemnification
You hereby agree to indemnify, defend and hold us harmless from and against any and all
liability, losses, expenses, damages and costs (including attorneys’ fees), we incur in connection
with any claim arising out of your use of the Services, any use or alleged use of your accounts or
your passwords by any person, whether or not authorized by you, the content you submit, post,
transmit or make available through the Services, your violation of these terms, your connection
to the Services, or your violation of the rights of any other person or entity. We reserve the right
to assume the exclusive defense and control of any claim, action or other matter for which you
are required to indemnify us.
10. Disclaimers of Warranties
THE SERVICES, SITES (AND ALL CONTENT POSTED THEREIN), MATERIALS,
FORUMS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS
AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, PROMISE OR WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE
SERVICES WILL BE AVAILABLE FOR USE, OR UNINTERRUPTED OR ERROR FREE,
OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE
AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY ERRORS WILL BE
CORRECTED. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER
PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING NEGLIGENCE, FOR
DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE,
SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS,
LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT
RESULT FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF
SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. BY USING THE SERVICES,
YOU AGREE THAT IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR DAMAGES, YOU AGREE THAT IN
NO EVENT SHALL THE TOTAL LIABILITY OF ANY COMPANY PARTY TO YOU FOR
ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND EXCEED ONE
HUNDRED DOLLARS ($100.00).
11. Miscellaneous
This site is created, controlled and operated by us in the USA, and is intended solely and
exclusively for residents of the United States and its territories. If you choose to access this site
from another location, you are responsible for complying with local laws, if and to the extent that
local laws apply. The Services are directed to adults and is not directed to children under the age
of 13. We cannot prohibit minors from visiting the website or using the Services, so we must rely
on parents, guardians and those responsible for supervising children under 13 to decide which
materials are appropriate for such children to view and/or purchase. We comply with the
Children’s Online Privacy Protection Act and do not permit registration by and will not
knowingly collect personally identifiable information from anyone under 13. This requirement
will be posted wherever we collect data within the website, such as during the registration
process. These terms, including the policies referred to in these terms, constitute the entire
agreement between you and us and govern your use of the Services, superceding any prior
agreements between you and us. These terms cannot be changed or terminated orally. We may
be required by state or federal law to notify you of certain events. You hereby acknowledge and
consent that such notices will be effective upon our posting them on or through the Services or
delivering them to you through email. You agree that these terms may be automatically assigned,
in whole or in part, by us, in our sole discretion, in connection with a merger, acquisition,
reorganization or sale of substantially all of our assets, in whole or in part. The formation,
construction and interpretation of this agreement shall be controlled by the laws of the
Commonwealth of Virginia, giving no effect to choice of law provisions. Any dispute relating to
this agreement shall be subject to the exclusive jurisdiction of the state and federal courts in
Montgomery County, Virginia, U.S.A., and the parties agree to submit to the personal and
exclusive jurisdiction of these courts. You agree that, except as otherwise expressly provided in
these terms, there shall be no third party beneficiaries to this Agreement. Our failure to exercise
or enforce any right or provision of the terms shall not constitute a waiver of such right or
provision. You agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the terms must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
12. DMCA; Trademark Violations
Materials may be made available via the Services by third parties not within our control. We are
under no obligation to, and not, scan content used in connection with the Services for the
inclusion of illegal or impermissible content. However, we respect the copyright and trademark
interests of others. It is our policy not to permit materials known by us to infringe another party’s
copyright and/or trademark to remain on the Services. If you believe any materials on the
Services infringe a copyright and/or trademark, you should provide us with written notice to our
designated agent identified below that, at a minimum, contains:
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 or trademark claimed to have been infringed,
or, if multiple copyrighted works or multiple trademarks at a single online site are covered by a
single notification, a representative list of such works/trademarks 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such
as an address, telephone number, and, if available, an electronic mail address at which the
complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright or trademark owner, its agent, or
the law; and
6. A statement that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed.
All DMCA notices and trademark infringement notices should be sent to our designated agent as
follows: [Molly Upthegrove, mollyupthegrove@gmail.com]
It is our policy to terminate relationships regarding content and Postings with third parties and/or
users who repeatedly infringe the copyrights and/or trademarks of others.