Updated October 9, 2011
1. Intellectual Property
We respect the intellectual property rights of others and we ask that you do the same. Except User Submissions (as defined below) and any third party content used as part of the Blog, the data and materials on the Blog, including without limitation text, graphics, logos, photos, music, videos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Blog (collectively, the “Content”) are the intellectual property of Griesing Resources, our licensors and our suppliers. The Content is protected by copyright and other intellectual laws and all ownership rights remain with us, our licensors or our suppliers, as the case may be.
You may only use the Content retrieved from this Blog for your own personal, non-commercial, educational, private or domestic purposes. You agree to not engage in the use, copying, or distribution of any of the Content, other than expressly permitted herein, including any use, copying, or distribution of the User Submissions of third parties obtained through the Blog for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright, trademark, or other proprietary notices. We reserve all rights not expressly granted in and to the Blog and the Content.
2. User Submissions
a. The Blog permits the submission of communications through its comments system (“User Submissions”). You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any submissions to the Blog.
b. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright and/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 Blog and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Blog and these Terms. You retain all of your ownership rights in your User Submissions, however, by submitting the User Submissions to the Blog, you hereby: (i) grant Griesing Resources a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to display, perform, use, reproduce, distribute, publish, create derivative works of, display, perform, sell, edit, and insert, serve or display advertisements in or in close proximity to the User Submissions in connection with the Blog and business, including without limitation for promoting and redistributing part or all of the Blog (and derivative works thereof) in any media format or medium and through any media channels (now known or hereafter developed) and (ii) grant each user of the Blog a non-exclusive license to access your User Submissions through the Blog, and to use, reproduce, distribute, publish, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Blog and under these Terms. For the avoidance of doubt, you are not entitled to any compensation for any User Submissions for any reason, unless expressly agreed to by the parties.
c. In connection with User Submissions, you 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 the Blog all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Blog or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, vulgar, 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 or entity, whether actual or fictitious. We do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights on the Blog. We may, but will have no obligation to, remove or limit access to Content and User Submissions originating from any user that we believe in our sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene, excessive in length or otherwise objectionable, or that infringes or violates any party’s intellectual property or other proprietary rights or these Terms without prior notice. Further, under no circumstances, does Griesing Resources have any obligation to verify the accuracy, timeliness or truthfulness of any Content or User Submissions, nor to monitor any user on the Blog. Notwithstanding the preceding, we may seek to terminate a user’s access to the Blog, if the user is determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Blog more than twice.
d. If you are a copyright owner or an agent thereof and believe that any submission to the Blog or any Content on the Blog infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act (“DMCA”) by providing our designated copyright agent with the following information in writing:
(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 (preferably the information should include the URL and date on which the material was displayed);
(iv) Information reasonably sufficient to permit us 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.
Our designated copyright agent to receive notifications of claimed infringement is:
Mail: Griesing Resources
1717 Arch Street, Suite 3630
Philadelphia, PA 19103
Only DMCA notices should go to the designated copyright agent; any other comments, requests, or other communications should be directed to email@example.com. You acknowledge that if you fail to comply with all of the requirements of this Section 2.D., your DMCA notice may not be valid. Upon receipt of notice as described above, Griesing Resources will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from the Blog in accordance with applicable law.
e. You understand that when using the Blog, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are 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 us with respect thereto.
3. Links to Other Websites
This Blog may contain links to websites other than our own. Griesing Resources does not assume any responsibility for those sites and provides those links solely for the convenience of our visitors. Griesing
Resources does not control the content of those sites and takes no responsibility for their content, nor should it be implied that Griesing Resources endorses or otherwise recommends such sites or the products or services offered.
5. Disclaimer of Warranties
CONTENT ON THE BLOG, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS LINKS AND USER SUBMISSIONS, IS PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY.
GRIESING RESOURCES AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THE PARTIES INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS BLOG (THE “RELEASED PARTIES”) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE BLOG AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE BLOG, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE BLOG; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE BLOG; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF THE RELEASED PARTIES.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE BLOG WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. Limitation of Liability
IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS BLOG, YOUR ACCESS, USE OR INABILITY TO USE THIS BLOG; (II) ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE BLOG); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BLOG, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE BLOG BY ANY THIRD PARTY.
GRIESING RESOURCES RESERVES THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE BLOG OR THE CONTENT ON THE BLOG OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE RELEASED PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE RELEASED PARTIES 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.
You agree to indemnify, defend and hold harmless Griesing Resources, our officers, directors, employees, affiliates, agents, licensors, suppliers, successors, assigns, and their past and present officers, directors and employees, representatives and agents from and against any suit, claim, liability, or proceeding in connection with: (i) any claim due to or arising out of your violation of these Terms, including but not limited to a claim arising out of a breach of your representations or warranties made hereunder; (ii) your use of and access to the Blog; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submission(s) caused damage to a third party.
The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
9. Choice of Law and Forum
The Terms shall be governed and construed in accordance with the laws of the State of Pennsylvania, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms or your access or use of this Blog will be subject to the exclusive jurisdiction of the court located within the County of Philadelphia in the State of Pennsylvania, and you hereby submit to the personal jurisdiction of such courts.
10. Changes to the Terms
We reserve the right to update or modify the Terms, at any time and without prior notice, by posting the revised version of the Terms on the Blog.