Terms and Conditions for Submission of Comments
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE “COMMENTS” SUBMISSION SERVICE AT THE PERFORMINSIDER.COM WEB SITE.
BY CLICKING THE “Submit” BOX FOR YOUR COMMENT, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ABIDE BY ALL OF THE RULES AND POLICIES SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT SUBMIT YOUR COMMENT TO PERFORMANCE MARKETING INSIDER WEB SITE at PERFORMINSIDER.COM
1. LX MARKETING LLC owns and operates the Performinsider.com site (the “Site”). Your use of the features on the Site allowing for submission of a “Comment” is subject to the following terms and conditions (the “Terms”). LX MARKETING LLC may modify these Terms at any time without notice to you by posting revised Terms on the Site. Your submission of a “Comment” to the Site following the modification of these Terms shall constitute your binding acceptance of and agreement to be bound by those modified Terms.
2. You must be 18 years of age or older to submit a “Comment” to the Site. By submitting a “Comment” and accepting these Terms through your clicking of the “Submit” box, you represent that you are at least 18 years old.
3. LX MARKETING LLC has the right, but not the obligation, to take any of the following actions, in LX MARKETING LLC’s sole unfettered discretion, at any time, and for any reason or no reason, without providing any prior notice:
a. Restrict, suspend or terminate your ability to submit “Comments,” or any other content, to the Site;
b. Change, suspend or modify all or any part of the Site or the features thereof;
c. Refuse or remove any material posted on, submitted to or communicated through the Site by you;
d. Deactivate or delete any screen names, profiles or other information associated with you; or
e. Alter, modify, discontinue or remove any content of the Site.
4. You agree that, when using or accessing the Site or any of the features thereof, you will not:
a. Violate any applicable law or regulation;
b. Interfere with or damage the Site;
c. Transmit or introduce to the Site or to other users thereof any viruses, cancel bots, Trojan horses, flood pings, denial of service attacks, or any other harmful code or processes;
d. Infringe the rights of any third party, including but not limited to any intellectual property rights, privacy rights, publicity rights or contractual rights;
e. Transmit or submit harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or otherwise objectionable content or material;
f. Transmit or submit any unsolicited advertising, promotional materials, or spam;
g. Stalk or harass any user or visitor to the Site; or
h. Use the content or information available on the Site for any improper purpose.
5. You retain the Copyright in any “Comment” you submit to LX MARKETING LLC. By submitting a “Comment” to LX MARKETING LLC, you agree to grant LX MARKETING LLC a irrevocable, non-exclusive, royalty-free, perpetual license to use the material or commentary that you have submitted, in any medium and in any manner that LX MARKETING LLC may, in its sole unfettered discretion, choose.
6. By submitting a “Comment” to LX MARKETING LLC, you agree to comply with the following rules concerning such submissions:
a. You agree not to include in your “Comment”:
i) Any false, defamatory, libelous, abusive, threatening, racially offensive, sexually explicit, obscene, harmful, vulgar, hateful, illegal, or otherwise objectionable content;
ii) Any content that may be harassing of any other Site contributors or other third parties;
iii) Any content that personally attacks an individual whose identity can be easily learned from what you post (An example of a personal attack is posting negative comments about an individual in a way meant to demean that person. Note that posting your opinion about someone’s ideas or actions is not a personal attack);
iv) Any content that discloses private or personal matters concerning any person;
v) Any content that you know to be false, misleading, or fraudulent;
vi) Any content that violates the property rights of others, including unauthorized copyrighted music, images or programs, trade secrets or other confidential or proprietary information, and trademarks or service marks used in an infringing fashion;
vii) Any use of profanity;
viii) Any content including advertisements or otherwise focused on the promotion of commercial events or businesses, or any request for or solicitation of money, goods, or services for private gain;
ix) Any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
x) Any content 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; or
xi) Any content directly or indirectly soliciting responses from minors (defined as anyone under 18 years of age).
b. You assert that the information, pictures, music and other files you contribute are your own, are licensed to be uploaded and downloaded by other participants, are in the public domain, or are otherwise free of copyright or other restrictions. If any part of the “Comment” is not your original work, it is your responsibility to obtain permission from the copyright owner before making that “Comment” available on the Web Site.
c. You are solely responsible for “Comment” you upload, post, transmit or otherwise make available to others using this Web Site. Under no circumstances will LX MARKETING LLC be liable in any way for any “Comment” posted on or made available through this Site by you or any third party.
d. You understand that LX MARKETING LLC does not generally pre-screen “Comments” posted on or available through the Web Site by individual authors, and that it has no obligation to do so. LX MARKETING LLC and its designees have the right (but not the obligation) in their sole unfettered discretion to remove any “Comment” that is posted on or available through the Site. Without limiting the foregoing, LX MARKETING LLC and its designees will have the right to remove any “Comment” that violates these Terms or is otherwise deemed objectionable by LX MARKETING LLC in its sole discretion.
7. When submitting a “Comment,” you will be asked to provide your name and your email address. While LX MARKETING LLC does not object to your use of a pseudonym instead of your actual name, LX MARKETING LLC reserves the right, but not the obligation, to reject, change, disallow, or discontinue at any time any submission name that, in LX MARKETING LLC’s sole unfettered discretion, is objectionable or inappropriate for any reason. LX MARKETING LLC requires the submission of your email address, but LX MARKETING LLC warrants that it will not intentionally publish your email address to an outside third party, apart from LX MARKETING LLC’s own affiliates or subcontractors, without your consent.
8. LX MARKETING LLC does not sell or rent your personal information to third parties for their marketing purposes without your consent. Periodically, LX MARKETING LLC or its affiliates may contact you via email concerning the promotion of their products or services on the Site. Notwithstanding the foregoing, you acknowledge and understand that the “Comments” feature of the Site is designed to permit users to post information and commentary for public review and comment and thus you hereby waive any expectation of privacy you may have concerning any likeness or information provided to the Site by you.
9. You are solely responsible for your interactions with other users of or visitors to the Site.
a. LX MARKETING LLC shall have the right, but not the obligation, to monitor interactions utilizing the facilities of the Site, including any email functionality thereof, between you and other users of or visitors to the Site or any third parties. You acknowledge and agree that LX MARKETING LLC, its affiliates, subsidiaries, licensees and assigns shall not be, and you shall not seek to hold them, responsible for any harm or damage whatsoever arising in connection with your interaction with other users of or visitors to the Site.
b. LX MARKETING LLC does not verify any information posted to or communicated via the “Comments” sections of the Site by users and does not guarantee the proper use of such information by any party who may have access to the information. You acknowledge and agree that LX MARKETING LLC does not assume, and shall not have, any responsibility for the content of messages or other communications sent or received by users of the Site.
10. The Site contains content created by or on behalf of LX MARKETING LLC as well as content provided by third parties.
a. LX MARKETING LLC does not control, and makes no representations or warranties about, any third party content, including such content that may be accessible directly on the Site or through links from the Site to third party sites.
b. You acknowledge that, by viewing the Site or communications transmitted through the Site, you may be exposed to third party content that is false, offensive or otherwise objectionable to you or others, and you agree that under no circumstances shall LX MARKETING LLC be liable in any way, under any theory, for any third party content.
c. You acknowledge and agree that the Site, and the contents thereof, is proprietary to LX MARKETING LLC and is or may be protected by copyright, trademark, patent and other intellectual property rights and laws. You agree that you will not access or use the Site or any of the content thereof for any reason or purpose other than your personal, non-commercial use. You agree that you will not systematically retrieve data or other content from the Site by any means, and you will not compile a database or directory of information extracted from the Site.
d. You agree that you will not reproduce, distribute or make derivative works of the Site or any of the contents thereof without the express consent of LX MARKETING LLC.
11. You hereby agree to indemnify, defend and hold harmless LX MARKETING LLC, its affiliates and licensees, and all of their officers, directors, employees, agents and representatives from and against any and all liabilities, losses, claims, damages, and expenses (including reasonable attorneys’ fees) in connection with any claim arising out of your use of the Site or violation of any of these Terms.
13. DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY.
a. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER LX MARKETING LLC, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
b. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMLPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
c. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT LX MARKETING LLC SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITE OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
d. IN NO EVENT WILL LX MARKETING LLC, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM, RELATING TO OR CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE OR THESE TERMS.
14. These Terms constitute the entire agreement between LX MARKETING LLC and you with respect to the subject matter hereof, and supersede any previous oral or written agreement between us with respect to such subject matter. These Terms shall be construed in accordance with the laws of the State of New York, without regard to the conflicts of law provisions thereof.