2. Acceptance of the User Terms
These User Terms are to ensure that you will use the Site only in the ways in which Company intends it to be used, and to make clear what uses Company will not permit, will not be responsible for, or both. By using the Site, or by clicking to accept or agree to the User Terms when the option is made available to you:
- a. You acknowledge that you’ve read, understood, and concluded a legally binding contract with us in which you agree to be bound and abide by these User Terms and any additional documents or policies referred to in these User Terms, whether you are participating as a guest or as a registered User;
- b. You consent to receive communications from us electronically; we will communicate with you by email or by posting notices on the Site
- c. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via email or by posting notices on the Site satisfy any legal requirements that such communications be in writing; and
3. Changes to the User Terms
These User Terms may be revised from time to time. The most current version of these User Terms will be located here. You understand and agree that your access to or use of the Site is governed by the User Terms effective at the time of your access to or use of the Site. If we make material changes to these User Terms, we will notify you by email or by posting a notice on the Site prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these User Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of new User Terms. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the User Terms indicates your acceptance of the modifications.
We may translate these User Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with us, and any inconsistencies among the different versions will be resolved in favor of the English version.
5. Accessing the Site
To access or use the Site, you must be 13 years of age or older, and have the requisite power and authority to enter into these User Terms. You may not access or use the Site if you are a competitor of ours, or if we have previously banned you from the Site. We grant you permission to use the Site subject to the restrictions set out in these User Terms. It is a condition of your use of the Site that the information you provide is correct, current, and complete. Your use of the Site is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You are responsible for making all arrangements necessary for you to have access to the Site. You are responsible for ensuring that all persons who access it through your internet connection are aware of these User Terms, and that they comply with them.
If you access or use the Site or the resources it offers, including without limitation if you contribute Content (defined below) to the Site through or in connection with your Medium.com user account, you represent and agree that your access of or use of the Site does not and will not violate any provision in the Medium Terms of Service.
7. Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these User Terms. We are under no obligation to enforce the User Terms on your behalf against another User. While we encourage you to let us know if you believe another User has violated the User Terms, we reserve the right to investigate and take appropriate action at our sole discretion. You agree not to, and will not assist, encourage, or enable others to use the Site:
- To violate our Content Standards (set forth in Section 8 below).
- To violate any applicable national, regional, federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or reuse any material which does not comply with the Content Standards set out in these User Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or other similar solicitation.
- To impersonate or attempt to impersonate Company or a Company employee, another User, person, or entity (including, without limitation, the use of email addresses or screen names associated with any of the foregoing), or to register to use the site on behalf of any group or entity.
- To harvest or collect email addresses or other contact information of Users from the Site by electronic or other means for any purpose.
- To threaten, stalk, harm, or harass others, or to promote bigotry or discrimination.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Company or Users of the Site or expose them to liability.
- For any commercial purpose.
Additionally, you agree not to, and will not assist, encourage, or enable others to:
- Violate these User Terms.
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Company.
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site.
- Record, process, or mine information about other Users.
- Access, retrieve, or index any portion of the Site for purposes of constructing or populating a searchable database.
- Reformat or frame any portion of the Site.
- Use the Site in any manner that could, in Company’s sole discretion, disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including to monitor or copy any of the Site Content.
- Use any manual process to monitor or copy any of the material on the Site, or for any other unauthorized purpose without Company’s prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, “Viruses”).
- Use the Site to violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content.
- Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
- Reverse engineer any portion of the Site.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing thirty (30) days’ prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
- “Content” means text, images, articles, news, thought pieces, photos, audio, video, location data, messages, and all other forms of data or communication.
- “Your Content” means Content that you create for or submit or transmit to, through, or in connection with the Site, including without limitation any Content that has been or is currently published on the Medium.com platform and/or was created or transmitted in connection with your Medium.com account and then subsequently submitted to and/or published on the Site.
- “User Content” means Content that Users submit or transmit to, through, or in connection with the Site, including without limitation any Content that was first submitted via Medium.com and then subsequently submitted or selected to be displayed on the Site.
- “Company Content” means Content that we create and make available in connection with the Site.
- “Third-Party Content” means Content that originates from parties other than Company or its Users, which is made available in connection with the Site.
- “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third-Party Content, and Company Content.
a. Ownership. AS BETWEEN YOU AND COMPANY, YOU ARE THE SOLE OWNER OF YOUR CONTENT, subject to the licenses granted in this Section 8. We own Company Content, including, but not limited to, visual interfaces, interactive features, graphics, design, and compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate User review ratings, and all other elements and components of the Site excluding Your Content, User Content, and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with Company Content and the Site, which are protected by copyright, trade dress, patent, trademark laws, and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of Company Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and Company Content are retained by us.
b. Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you confirm and warrant that you own or control all rights to Your Content and hereby grant us world-wide, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content. Please note that you also grant the Users of the Site the right to access Your Content in connection with their use of the Site. Finally, you waive, and cause to be waived, against Company and its Users any claims and assertions of moral right with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works, such as podcasts, screenshots, screen recordings, and newsletters, of Your Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these User Terms or our other policies, (1) to maintain Your Content or any User Content in confidence; (2) to pay you any compensation for Your Content or any User Content; or (3) to respond to Your Content or any User Content.
c. Responsibility for Your Content. You understand and acknowledge that you are responsible for Your Content and any User Content you post, and you, not Company, assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Company. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
d. Company Trademarks. Company name, Company logo and all related names, logos, taglines, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors. You may not use these names without the prior written consent of Company. All other names, brands, and marks that may appear on the site remain the property of their respective owners and appear here for identification purposes only.
e. Copyright Infringement and the Digital Millennium Copyright Act. We respect the intellectual property rights of others, and we ask our Users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, in appropriate circumstances and in our sole discretion, we may terminate the rights of any User to use the Site (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information to the “Copyright Agent”:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon.
- A description of where the material that you claim is infringing is located on the Site.
- Your address, telephone number, and email address.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and/or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- General: Company and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
- Affiliate Disclosure: Both User Content and Company Content may contain affiliate links, meaning when you click the links and make a purchase, we, or Users, may receive a commission.
g. Other. User Content (including any that may have been created by Users employed or contracted by Company) does not necessarily reflect the opinion of Company. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines (set forth below). We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
h. Content Standards. All Your Content and any User Content must comply with the “Content Standards” set out below in these User Terms. You agree to defend, indemnify, and hold harmless Company and its affiliates and licensors for any breach of the Content Standards. These Content Standards apply to any contributions made by Users on this Site, including Your Content and any User Content. Your Content and any User Content must in their entirety comply with all applicable national, regional, federal, state, local, and international laws and regulations. You are solely responsible for any content you post or actions you take via this site and their consequences. In addition, Your Content and any User Content must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these User Terms and/or our Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from us or any other person or entity, if this is not the case.
i. We Are Not Responsible for Your Content and any User Content. Because the purpose of this Site is to empower you and we cannot review everything that is posted to the Site in advance, any content and/or opinions uploaded, expressed, or submitted to the Site, and all Site Content other than the content officially provided by Company, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Company. We are not responsible or liable to any third-party for the content or accuracy of any materials posted by you or any other User of the Site, and you agree to bear full responsibility for the content you post to the Site. We also cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third-party.
9. Enforcement of Terms
In order to ensure that the Site is used only for its intended purpose, we have the right to:
- Remove or refuse to post any Site Content for any or no reason. This is a decision Company will strive to make fairly, but ultimately it is a decision that is solely up to Company to make.
- Take any action with respect to any Site Content that we deem necessary or appropriate in our sole discretion if we believe that such Site Content violates the User Terms, including the Content Standards, infringes any intellectual property right or other right, threatens the personal safety of Users of the Site and the public, or could create liability for Company.
- Disclose your identity to any third-party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We will not do this lightly, but if we think it has the potential to facilitate a fair and just resolution of the dispute, or will protect Company from liability for which we are not responsible, we may take this step.
- Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site when we determine law enforcement is the proper and appropriate means for addressing the offending use.
- Terminate your access to all or part of the Site for any violation of these User Terms.
While we may attempt not to disclose material in response to overzealous or inappropriate requests, without limiting the foregoing, when we have a good faith belief that the law compels us to do so or when we think justice would be served, we may cooperate with law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site. Should this happen, we will attempt to provide you with notice before we disclose your personal information to requesting third-parties. Notwithstanding the foregoing, we believe you should have a reasonable expectation of privacy in materials you disclose through your Internet use that are not clearly intended for public dissemination. Where possible, we may attempt to defend this principle even though most jurisdictions currently take the opposite position. YOU WAIVE AND HOLD HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
10. Links to other Sites
As is typical online, this Site and User posts may contain hyperlinks to other sites. If there are other websites and resources linked to on this Site, either by Company or by you, these links are provided only for the convenience of our Users. We have no control over the contents of those websites or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk and subject to the User Terms and conditions of use for such websites.
11.No Guarantee of Service
Although we hope to make the Site available at all times in the future, there may be times when we need to disable the Site either temporarily or permanently. The Site may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Company will not be liable if all or any part of the Site is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the Site, or the entire Site, to Users, including registered Users.