Effective Date: As of June 22, 2009
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Commitment Site, including but not limited to all content, services, digital products, events, tools or products is hereby expressly prohibited.
Although portions of the Commitment Site may be viewed simply by visiting the Commitment Site, in order to access the message boards and/or receive additional services from Commitment you need to sign on as a guest or register as a member of the Commitment Site. Registering as a member will allow you to access certain services that are not available to guests.
When you register for the Commitment Site, you will be required to provide Commitment with information such as your name, e-mail address, zip code, country, gender, birth date, member name and password. In addition, you may choose to provide the Commitment Site with additional information, including your mailing address, household income, education, marital status and employment status.
Commitment reserves the right to terminate your membership and access to any specific content, services, digital products, products or events, if Commitment learns that you have provided Commitment with false or misleading registration information.
5. Modifications of the Commitment Site
Commitment may modify or discontinue the Commitment Site, any portion thereof, or any services, tools, digital products, products or events related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Use of the Commitment Site
A. Commitment Site Conduct
The Commitment Site is intended to be used for lawful purposes only, and only for purposes relevant to the content available through the Commitment Site. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Commitment Site. Decisions as to whether such content violates our standards may be made in our sole discretion, after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on the Commitment Site. Without limitation, your use of the Commitment Site is conditioned on your compliance with the guidelines set forth in this section, and any failure to comply with such guidelines may result in termination of your access to the Commitment Site pursuant to the "Termination" section above.
You may not post or transmit any material or content on or through the Commitment Site:
- that violates or infringes in any way upon the rights of others;
- that solicits, encourages, or promotes the use of illegal substances or activities;
- which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, degrading, invasive of privacy or publicity rights, fraudulent or tortuous, vulgar, obscene, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
- that is protected by copyright, trademark, trade secret or any other proprietary right unless you have provided us lawful permission to do so;
- that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or
- that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.
- that is for commercial use or endeavors except those specifically endorsed or pre-approved by Commitment in writing;
You may not post or transmit on or through the Commitment Site:
- advertising or commercial solicitations;
- promotional materials relating to other Web Site or online services which are competitive with us and/or the Commitment Site;
- software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component;
- political campaign materials; chain letters; mass mailings; spam mail;
- any robot, spider, Commitment Site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Commitment Site or their contents; or
- any material, non-public information about a company without the proper authorization to do so.
In connection with your use of the Commitment Site, you may not:
- engage in, or encourage or provide instructional materials relating to, any activity on the Commitment Site that restricts or inhibits any other user from using or enjoying the Commitment Site such as "hacking," "cracking," "spoofing," or defacing any portion of the Commitment Site;
- harvest or collect information about Commitment Site visitors or members without their express consent;
- use the Commitment Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
- reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Commitment Site;
- create a database by systematically downloading and storing Commitment Site content;
- frame or mirror any part of the Commitment Site without our prior written consent;
- interfere with or disrupt the operation of the Commitment Site or the servers or networks used to make the Commitment Site available; or violate any requirements, procedures, policies or regulations of such networks;
- impersonate any person or entity, including any representative of Commitment;
- falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Commitment Site;
- modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Commitment Site; or
- remove any copyright, trademark or other proprietary rights notice from the Commitment Site or materials originating from the Commitment Site.
- collect under names and/or e-mail address of members or visitors by electronic or other means for the purpose of sending unsolicited email or unauthorized framing or linking to the Commitment Site;
- use the Commitment Site for chain letters, research, study or survey solutions, prank mail, spamming, commercial or non-commercial solutions or bulk commercials of any kind.
B. Content of Messages/Submissions
You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on the Commitment Site, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the Commitment Site that is accessible to the general public nor provide such personally identifying information to people you do not know. Commitment assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the Commitment Site. Commitment further assumes no responsibility for the deletion of or failure to store e-mail messages.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Commitment. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the Commitment Site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
Commitment is not obligated to review content posted by users prior to the content's posting to any area of the Commitment Site, including any private profile. Content posted by any user to the Commitment Site does not reflect the opinions or views of Commitment, its parent, subsidiaries or affiliates. Commitment makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other Commitment members through any Commitment service.
Please note that we do not accept unsolicited materials or ideas. We are not responsible for the similarity of any of our content or programming to any media or materials or ideas transmitted to the Commitment Site. Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and that you are waiving any claim against Commitment or our affiliates regarding the use of such materials and ideas, even if materials or ideas are substantially similar to the idea you submitted.
By submitting content, which shall include your member name, to any "public area" of the Commitment Site, including message boards, blogs, forums, contests, public profiles, comments, chat rooms, or in response to questions posted on the Commitment Site, you grant Commitment a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the Commitment Site retains any and all Rights that may exist in such content.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE COMMITMENT SITE, YOU HEREBY EXPRESSLY PERMIT COMMITMENT TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY COMMITMENT'S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
C. Interaction with Commitment Site Users
You are solely responsible and liable for (and Commitment shall not be responsible or liable for) your interactions with other Commitment Site users. Commitment is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise ("Communications"), between you and any other Commitment Site user, or any disputes arising therefrom. You agree to release Commitment, its affiliates and third party service providers, and their respective directors, officers, employees, owners, licensors and agents from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any Communications or disputes between you and any other Commitment Site user.
D. Sweepstakes and Contests
7. Member Disputes
You are solely responsible for any interaction with other members or visitors of the Commitment Site. Commitment reserves the right but shall have no obligation to monitor disputes between you and any other member of the Commitment Site.
8. Intrastate Nature of Communications
9. Third Party Services
You may order services or merchandise through the Commitment Site from other persons not affiliated with Commitment ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. Commitment makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Commitment nor will Commitment be construed as a party to such transactions, whether or not Commitment may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
Commitment may include special routing icons which may be located within the Commitment Site, the activation of which will allow you to access and learn more about Commitment and other services provided by Commitment whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
10. Registration and Password
You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify Commitment of any unauthorized use of your registration or password.
11. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Commitment Site infringe your copyright, you (or your agent) may send Commitment a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this web Commitment Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Commitment to locate the material on the Commitment Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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 (f) 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. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Commitment a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Commitment Site should be sent to: Joel Schonfeld, Esq., 80 Wall Street, Suite 815, New York, New York 100005, or joel [at] schonfeld-weinstein [dot] com. Commitment suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE COMMITMENT SITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE COMMITMENT SITE, IS AT YOUR SOLE RISK. THE COMMITMENT SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMMITMENT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
COMMITMENT MAKES NO WARRANTY THAT THE COMMITMENT SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE COMMITMENT SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMMITMENT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMMITMENT SITE. COMMITMENT WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE COMMITMENT SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COMMITMENT SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT COMMITMENT DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE COMMITMENT SIRE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER COMMITMENT NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE COMMITMENT SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. COMMITMENT ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
COMMITMENT SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE COMMITMENT SITE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE COMMITMENT SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMMITMENT OR THROUGH THE COMMITMENT SITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
COMMITMENT MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE COMMITMENT SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE COMMITMEN SITE.
COMMITMENT IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE COMMITMENT SITE. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH COMMITMENT MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST COMMITMENT WITH RESPECT TO SUCH SITES.
YOU SHALL BE RESPONSIBLE FOR THE TRUTH OF AND ALL STATEMENTS POSTED BY YOU ON THE COMMITMENT SITE, AND YOU WILL INDEMNIFYCOMMITMENT FROM ANY CLAIMS WHICH MAY ARISE FROM ANY STATEMENT YOU POST. YOU WAIVE ANY CLAIMS AGAINST COMMITMENT FOR DAMAGES ARISING FROM SUCH POSTIINGS.
13. Limitation of Liability
COMMITMENT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE COMMITMENT SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE COMMITMENT SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF COMMITMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Promotional Messages
Commitment and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Commitment makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Commitment nor such third party shall have any liability with respect thereto.
16. Applicable Law
17. Remedies for Breach of these Terms by You
18. Monitoring Removal of Content
If you are interested in reproducing any Commitment Site content, you will need our permission, which we may approve or deny in our sole discretion. Please send your request to:
80 Wall Street, Suite 815
New York, New York 10005
Attn: Permissions Department
You may fax your request to: (212) 480-0717
20. Linking To Our Site
If you are interested in linking to the Commitment Site from your site, please e-mail your request, which we may approve or deny in our sole discretion, to administrator [at] commitmentnow [dot] com.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following Web Commitment Sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Commitment does not endorse any of the products or services listed at such sites.
Commitment reserves the right to terminate free access to the Commitment Site including any or all content, services, digital products, products, events, or tools with or without notice to you. Commitment reserves the right (at Commitment's discretion) to provide you with notice of such change by prominently posting a notice on the Commitment Site and/or sending written notice to you at any e-mail and/or post office address you have provided to Commitment. Once free access is terminated Commitment may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the Commitment Site and/or any for-pay content, services, digital products, products, events, tools or products.