Please Read the Following Terms and Conditions Carefully
The Daily Rind Blog (the “Web Site”) is provided by Orchard Enterprises NY, Inc. (including its parents, subsidiaries, affiliates, directors, officers, employees, shareholders, successors or assigns, referred to herein collectively as “The Orchard”) for your and others’ personal, non-commercial enjoyment, subject to the terms of these terms and conditions of use and all modifications thereto (“Terms and Conditions”), By using this site, you are deemed to have agreed to these terms and conditions of use. The Orchard may change the Terms and Conditions from time to time and at any time, and without notice to you. All such changes to these Terms and Conditions will appear on the Web Site. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions of use, please do not use this site.
1. User Conduct
This Web Site and any related services (collectively, the “Services”) are provided to you solely for entertainment purposes in The Orchard’s sole discretion. The Orchard reserves the right to terminate your access to the Web Site and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Web Site or Services to upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other material that is harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, hateful, or that otherwise violates the rights of any person or entity or violates any applicable governmental law, rule or regulation.
You acknowledge that The Orchard is not responsible for material submitted to The Orchard or posted to the Web Site by you or other users.
2. Linked Sites
You may be able to link to third parties’ web sites from The Orchard Web Site. Linked sites are not, however, reviewed or controlled by The Orchard and The Orchard disclaims any responsibility or liability relating to any linked sites and does not assume any responsibility for their contents.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR JURISDICTION.
3. Intellectual Property Rights
All materials contained in this Web Site are the copyrighted property of The Orchard or its licensors and The Orchard reserves, on behalf of itself and such licensors, all applicable copyrights, patents, trademarks, trade secrets and other intellectual property rights thereto. With respect to any material or content that you upload, post, publish, e-mail, reproduce, distribute or otherwise transmit, you hereby grant to The Orchard an unrestricted and irrevocable worldwide license, without charge, in perpetuity, to use same in connection with the Web Site and other Services.
4. Parental Permission
This Web Site is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. The Orchard may, at its discretion, require users under 18 to obtain the consent of a parent or guardian to view certain content, and The Orchard may limit access to certain content to users above a specified age. You agree to abide by any such restrictions.
6. Disclaimer Of Warranties
YOUR USE OF THIS BLOG IS AT YOUR SOLE RISK; ALL OF THE SERVICES AND/OR INFORMATION FURNISHED IN CONNECTION WITH THIS BLOG ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ORCHARD, OR THROUGH OR FROM THIS BLOG, SHALL CREATE ANY WARRANTY OF ANY KIND. IN PARTICULAR AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ORCHARD DOES NOT REPRESENT OR WARRANT TO YOU THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE AND/OR REVIEW OF THIS BLOG IS ACCURATE OR RELIABLE FOR ANY PARTICULAR PURPOSE. FURTHER, THE ORCHARD DISCLAIMS ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH ANY THIRD PARTY POST. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. Limitation Of Liability
IN NO EVENT WILL THE ORCHARD BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF THE ORCHARD OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE ORCHARD’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by The Orchard, you agree to defend, indemnify and hold The Orchard harmless from any and all claims, liabilities, costs and expenses, including litigation expenses and reasonable attorneys’ fees, arising in any way from your use or misuse of the Web Site or Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any content or other materials by you or users authorized by you or any violation of these Terms and Conditions by you. If you fail to conscientiously defend The Orchard in accordance with industry standards, The Orchard reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and charge you with all expenses and reasonable attorneys’ fees. If you are so defending, The Orchard nonetheless reserves the right to assume such exclusive defense and control, but at its own expense. In all events, you will reasonably cooperate with The Orchard in the defense of such matters.
9. Applicable Laws / Jurisdiction
You agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions. You expressly agree that exclusive jurisdiction for any claim or dispute with The Orchard or relating in any way to your use of the Web Site resides in the U.S. District Court for the Southern District of New York, or the Supreme Court of the State of New York, New York County. No action or proceeding may be instituted in any other venue. You and The Orchard irrevocably waive their respective right to trial by jury.
We control and operate this site from our offices in New York, New York. We do not represent that materials on the site are appropriate or available for use outside of New York, New York. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
10. Forward Looking Statements
The Web Site and other Services may contain from time to time certain forward-looking statements, which reflect The Orchard’s expectations regarding future events and The Orchard’s operating and financial performance generally. Undue reliance should not be placed on such forward-looking statements as they speak only as of the date thereof, and The Orchard undertakes no obligation to update these statements to reflect subsequent events or circumstances except as may be required by law. These forward-looking statements involve a number of risks and uncertainties, certain of which are outside of The Orchard’s control. These and other factors that could cause actual results to differ materially from our expectations are detailed in The Orchard’s filings with the Securities and Exchange Commission, such as our first quarter 2008 report on Form 10-Q, our annual report for 2007 on Form 10-K and subsequent quarterly reports.
11. Other Important Provisions
If any part of this agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this agreement. The Orchard may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
If you have any questions about this policy or our site in general, please contact us at firstname.lastname@example.org.