For convenience, we will refer to the various types of content listed below.
- "Content" means, collectively, all User Content.
- 611Connect.com Content means all content, excluding User Content and Clips, relating to or available from or through the Site (and any derivative works or enhancements thereof), including but not limited to all software, technology, information, content, materials, guidelines and documentation.
- Site Content means, collectively, all 611Connect.com Content, User Content and Clips.
- User Content means any content, excluding Clips that is not created by 611Connect.com but that you or another user upload, provide or post to the Site and is made available to you or others users from or through the Site, including without limitation (i) text, graphics, music, photos, animation, artwork, data, information, hypertext links, scripts or other material, and (ii) websites and contents proximately reachable from such content. User Content includes any comments or rating features that you may have the opportunity to post regarding Clips ("Third Party Comments").
- Clips means any content, excluding User Content, that is not created by 611Connect.com but that you (after becoming a 611Connect.com Member) or another 611Connect.com Member upload to the Site and is made available to you or others users from or through the Site, including without limitation , graphics, music, photos, animation, artwork, data, information, hypertext links, scripts or other material.
3.1 In order to post Content to the Site and to allow others to view your Content, you must register as a "611Connect.com Member" (the "Membership"). Membership is available to persons who are at least 18 years of age or are otherwise capable of forming legally binding contracts under applicable law. During registration, you will create a user name and password (your "Account"), which may permit you access to certain secure areas of the Site only available to 611Connect.com Members.
You may use certain areas of the Site and Services without becoming a 611Connect.com Member, such as accessing and viewing Site Content on the Site. In using or accessing the Site, whether as a 611Connect.com Member or as a non-member, you agree to comply with the following:
(a) You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using and accessing the Site and all Content contained therein. You understand that you may be exposed to Content that you personally find objectionable, indecent, or offensive and view all Content on the Site at your own risk.
(b) You represent and warrant to 611Connect.com that (i) you are the sole and exclusive owner of the Content, or that you have all right and authority to grant the rights in the Content to 611Connect.com as described herein; (ii) you have obtained any and all releases necessary from any and all persons depicted in the Content, including, without limitation, releases in the context of rights of privacy and rights of publicity; and (iii) in the event that a person depicted in a Content is under eighteen (18) years of age, you are the parent or legal guardian of such person, or if you are not the parent or legal guardian, you have obtained all appropriate permissions and releases from the parent or legal guardian of the person in question, to submit the Content to the Site.
(c) If you are not an 611Connect.com Member, you may view Site Content, provided that: (i) you may only view the Site Content for personal, informational, non-commercial purposes; and (ii) you may not modify or alter the Site or Site Content in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, license, perform, reproduce, post, publish, distribute, transmit, submit or otherwise make available any information or Site Content from the Site in whole or in part without the express written authorization of 611Connect.com or the applicable copyright owner or agent.
(d) If you become a 611Connect.com Member, you may upload, email, post, publish, transmit or otherwise submit User Content to the Site as available â€“ for example, in a discussion group, chat area, bulletin board, feedback area, news group, letter to 611Connect.com, its webmaster or employees, or email function â€“ if offered as part of the Site and Services.
(f) You may be interested in inviting your friends to become 611Connect.com Members. You can do so by visiting our "Invite" webpage where you have the option of adding one or more e-mail addresses into an online form. A message will be sent from 611Connect.com on your behalf inviting your friend to become a 611Connect.com Member. 611Connect.com will only use this email address for the purpose of sending this "Invite a Friend" email and for no other purpose unless the invitee becomes a member of 611Connect.com. These email addresses will be stored in the 611Connect.com address book that you create.
(h) You may not repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastrvucture.
(k) If you become a 611Connect.com Member, you will provide true, accurate and complete registration information and shall maintain as current and promptly update relevant personal contact information provided to 611Connect.com. You will not use false identities or impersonate any other person or use a name that you are not authorized to use.
(l) You will not attempt to gain unauthorized access to any Account other than your own.
(m) You will not attempt to obtain any information or materials relating to the Site and Services through any means not intentionally made available through the Site and Services, or attempt to gain unauthorized access to 611Connect.com's database, technology, computer systems or networks associated with the Site and Services. You will not attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any technology applications or software programs used by 611Connect.com in connection with the Site and Services, including without limitation the Downloadable Tools, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the Site and Services. You will not upload or cause the Site to have access to anything that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You may not use any automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site and Services â€“ unless expressly permitted by 611Connect.com.
(o) You acknowledge, agree and accept that: (i) the Site and Services may be provided to you by 611Connect.com or its affiliates, distribution partners or third-party service providers; (ii) your Content may be included on the websites of 611Connect.com's affiliates, distribution partners or third-party service providers, in addition to, or instead of, those websites and those of 611Connect.com; and (iii) there is no guarantee that your Content will be included on the Site or other website of 611Connect.com or a 611Connect.com affiliate, distribution partner or third-party service provider and 611Connect.com and its affiliates, distribution partners or third-party service providers bear no liability relating to such exclusion.
(p) You understand and agree that, as stated above, neither 611Connect.com nor any 611Connect.com affiliate or authorized party intends, or will be required, to edit or review for accuracy, ownership or appropriateness any of your Content. However, you agree that all Content, including any search terms and descriptions, may be subject to 611Connect.com's approval. 611Connect.com reserves the right, at any time, to reject, suspend, cancel or remove Content, to assign new search terms to any Content, or to refuse to provide access to your Content. 611Connect.com, its employees, consultants and other agents shall have no liability for taking such actions or decisions.
(q) 611Connect.com does not refer, endorse, recommend, verify, evaluate or guarantee any information provided by users or 611Connect.com Members, any specific 611Connect.com Member or any Content, and nothing shall be considered as a referral, endorsement, recommendation or guarantee of any information, 611Connect.com Member or Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, containing or suggesting an endorsement by 611Connect.com of you or your Content. 611Connect.com reserves the right to warn, suspend or terminate at any time and without notice your access to or use of the Site and Services if 611Connect.com determines, in its sole discretion, that you are transmitting or otherwise connected with such prohibited endorsement.
(r) You are solely responsible for all equipment necessary to access and use the Site and Services, and, if applicable, for reporting and payment of all taxes associated with any fees paid to you by 611Connect.com.
You agree not to submit any Content that 611Connect.com considers to be of an adult, sexual or controversial nature (collectively, "Adult Content"). Examples of Content that 611Connect.com, in its sole discretion, considers to be Adult Content include, but are not limited to, the following material:
- Any pornographic, sexually explicit or sexually related themes, language, text, music or images (of partial or full nudity), including any sexually graphic "wallpaper"
- Any content whose purpose is to sexually arouse a user or cause lascivious or lustful thoughts
- Any reference to or inclusion of any image in any form of sexual intercourse or behavior, actual or simulated
- Any content which is intended to let users know that you have Adult Content materials, submissions, content or websites
- Any content which, because of the nature, images, music, tone or description appears to be designed solely to solicit sexual/adult talk or thoughts, such as "I will talk about anything", "Tell me your wildest dreams", etc.
- Any submission whose feedback consistently indicates that the author is engaging in sexually-oriented conduct or Adult Content
- Any content related to bestiality, rape, sex, incest, sex with graphic violence or degradation, excretory functions, bodily fluids, fisting and any other content, whether expressed or implied, which may be judged as obscene
- Any content containing or referring to child pornography, including references to "Lolita" or inclusion of images of or references to nude "girls", "boys", "teens" or "children"
If 611Connect.com finds Content that it determines, in its sole discretion, contains Adult Content, 611Connect.com may, without notice, remove or block access to such Content. 611Connect.com reserves the right to suspend or cancel at any time and without notice a 611Connect.com Member's Account that 611Connect.com, in its sole discretion, determines to be in violation of this Section. 611Connect.com will take all appropriate steps with Content that 611Connect.com believes violates applicable laws, including cooperation with any investigation. 611Connect.com will comply with its obligations to report evidence of child pornography offenses to the appropriate law enforcement authorities pursuant to the Protection of Children from Sexual Predators Act and other applicable laws. Any such material will be forwarded to the appropriate law enforcement authorities upon discovery and public access will be disabled. If you see Content that you believe is Adult Content or is in violation of law or this Section, please contact 611Connect.com immediately.
YOU SHALL NOT USE THE SITE AND SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
611Connect.com provides the Site, Services and access to Content as a service to our users. 611Connect.com does not monitor, supervise or control Content posted or stored on its servers at the direction of its 611Connect.com Members, users or partners, nor does it control or supervise the content of pages that are accessed via third party links. You are responsible for complying with all applicable federal and state laws, including, without limitation, the copyright laws.
611Connect.com has adopted and implemented a policy pursuant to which 611Connect.com may terminate a 611Connect.com Member's Account, or deny access to the Site and Services by a user, who infringes or is believed to be infringing, a copyright or other intellectual property right. Furthermore, 611Connect.com reserves the right to terminate a 611Connect.com Member's Account, or deny access to the Site and Services by a user, if 611Connect.com believes that the user's conduct is harmful to the interests of 611Connect.com or its affiliates, distribution partners or third-party service providers or other users, or for any other reason in 611Connect.com's sole discretion, with or without cause. In addition, 611Connect.com reserves the right to remove, or disable access to, infringing material.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/ ), 611Connect.com will respond expeditiously to claims of copyright infringement that are reported to 611Connect.com's "Designated Copyright Agent" identified below. If you are a copyright owner, or are authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, and believe that your work has been copied in a way that constitutes copyright infringement, please report your notice of infringement to 611Connect.com by providing 611Connect.com's Copyright Agent listed below with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright 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 the 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 611Connect.com to locate the material;
- Information reasonably sufficient to permit 611Connect.com to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
- 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 owner, its agent or the law; and
- 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 claims of copyright infringement on or regarding this Site should be delivered to email@example.com
7.1 611Connect.com Content
7.2 Your Content
. As between 611Connect.com and you, you retain all rights in User Content and Clips that you upload or post to the Site and archive through the Services. 611Connect.com shall not acquire any right, title or interest in or to such Content, except as expressly provided herein. Any rights not expressly granted herein are reserved.
7.3 Your License to 611Connect.com
7.4 611Connect.com's License to You --- Downloadable Tools License
7.5 No Commercial Use
. The Site and Services are intended for personal non-commercial use only. If you are interested in using the Site for commercial purposes, please contact 611Connect.com sales at this link: http://www.611Connect.com/sales.
Additionally, from time to time 611Connect.com may refer you to one or more of our business partners who make available products or services through their respective Web sites or by other means (e.g., by mail or otherwise)("Third-Party Offerings
"). For example, you may desire to obtain assistance from a professional when you edit digital files of family photos or movies, so we may recommend one of our business partners to provide that assistance for you. You understand that we do not provide, are not responsible for, and disclaim all liability relating to any such Third-Party Offerings, and that all Third-Party Offerings are subject to the applicable terms and conditions by which each third-party vendor provides those Third-Party Offerings.
10.2 You agree that 611Connect.com shall have the right, in its sole discretion, to select its own legal counsel to defend 611Connect.com from any such claim (but by doing so shall not excuse your indemnity obligations) and that you shall be solely responsible for the payment of all 611Connect.com's reasonable attorneys' fees incurred in connection therewith.
11.1 YOU EXPRESSLY AGREE THAT YOUR USE OF OR INTERACTION WITH THE SITE, SERVICES, SITE CONTENT, DOWNLOADABLE TOOLS, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE, IS AT YOUR OWN RISK AND AT YOUR OWN DISCRETION. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, SERVICES, SITE CONTENT, DOWNLOADABLE TOOLS, INFORMATION, SOFTWARE, AND OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE, INCLUDING ALL 611Connect.com INDICES, SEARCH ENGINES AND YOUR USE THEREOF, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
11.3 611Connect.com SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE, SERVICES, SITE CONTENT, DOWNLOADABLE TOOLS, INFORMATION OR OTHER MATERIAL AVAILABLE FROM OR THROUGH THE SITE AND SERVICES. Some jurisdictions do not allow the exclusion of warranties, so some of the above exclusions may not apply to you.
11.4 You fully understand that Third Party Comments may be disparaging, defamatory, embarrassing, unwelcome or otherwise be of an unfavorable nature. 611Connect.com expressly disclaims any liability for any Third Party Comments. You acknowledge and agree that 611Connect.com shall have the right: (a) to include any Third Party Comments on the Site and in any and all forms of advertising, promotion and publicity for the Content; and (b) to broadcast and otherwise exploit the Content and advertisements containing Third Party Comments in any manner, by any method, and in any and all media, whether currently existing or hereafter developed, as long as such Content is included on the Site. You hereby assign and agree to assign all rights, title and interest you have in any Third Party Comments you provide, to 611Connect.com together with all intellectual property rights therein. You expressly and hereby forever waive and relinquish all so-called "moral rights" associated therewith.
11.5 If you have a dispute with a 611Connect.com Member or another user of the Site and Services, or suffer any harm arising out of or connected with your access or use to the Site and Services, you hereby waive all claims against and release 611Connect.com and the 611Connect.com Entities from any and all liability for claims, demands, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site, Services or any Site Content or with regard to such disputes. If you are a California resident, you waive and relinquish your rights under California Civil Code Â§ 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 waive their rights under analogous laws, statutes or regulations.
13.2 You may terminate your account with us or cancel your Membership at any time and for any reason by contacting us at firstname.lastname@example.org
15.4 Force Majeure. 611Connect.com shall not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to 611Connect.com's infrastructure or connectivity to the Internet, or failure at 611Connect.com's co-location facility, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, 611Connect.com will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
15.7 Note About Children. To become a 611Connect.com Member or use the Site and Services you must be at least eighteen (18) years old and otherwise capable of forming legally binding contracts under applicable law. If you are under eighteen (18), please do not use the Site.
15.8 Notice. Any notice or other communication to be given hereunder will be in writing and given (a) by 611Connect.com via email (in each case to the address that you provide), (b) a posting on the Site, or (c) by you via email to info@611Connect.com or to such other addresses as 611Connect.com may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.
15.10 Feedback. Your feedback is welcome and encouraged. You may submit feedback by emailing us at info@611Connect.com. You agree, however, that (i) by submitting unsolicited ideas to 611Connect.com or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to 611Connect.com or any of its employees or representatives automatically become the property of 611Connect.com. You hereby assign and agree to assign all rights, title and interest you have in an such feedback and ideas to 611Connect.com together with all intellectual property rights therein.
If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to 611Connect.com, its employees or assigns. Instead, please send an email to info@611Connect.com and describe ONLY the general application. If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by 611Connect.com in order to evaluate your concept(s).